Tuesday February 13, 1996

Pages 5501±5668 Vol. 61 2±13±96 No. 30 federal register February 13,1996 Tuesday announcement ontheinsidecoverofthisissue. For informationonbriefinginWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996

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2 III

Contents Federal Register Vol. 61, No. 30

Tuesday, February 13, 1996

Administration on Aging NOTICES See Aging Administration Unfunded Mandates Reform Act; intergovernmental consultation; policy statement, 5531–5533 Agency for Health Care Policy and Research NOTICES Committee for the Implementation of Textile Agreements Meetings; advisory committees: NOTICES February and March, 5561 Textile and apparel categories: Correlation with U.S. Harmonized Tariff Schedule, 5537 Aging Administration NOTICES Commodity Futures Trading Commission Agency information collection activities: NOTICES Submission for OMB review; comment request, 5561– Meetings; Sunshine Act, 5605 5562 Consumer Product Safety Commission Agriculture Department NOTICES See Animal and Plant Health Inspection Service Agency information collection activities: See Forest Service Proposed collection; comment request, 5537–5538

Alcohol, Tobacco and Firearms Bureau Defense Department NOTICES See Navy Department Agency information collection activities: RULES Proposed collection; comment request, 5600–5603 Freedom of Information Act: Defense Contract Audit Agency Animal and Plant Health Inspection Service Contractor alpha listing; discontinuance, 5510–5511 PROPOSED RULES NOTICES Animal welfare: Meetings: Dogs and cats in commercial pet trade; meeting, 5524 Defense Partnership Council, 5538 Wage Committee, 5538–5539 Antitrust Division NOTICES Drug Enforcement Administration National cooperative research notifications: NOTICES Hart Communication Foundation, 5569–5570 Applications, hearings, determinations, etc.: Polyisocyanurate Insulation Manufacturers Association, Ansys, Inc., 5570 5570 Isotec, Inc., 5570–5571 TRW, Inc., 5570 Orpharm, Inc., 5571 Bonneville Power Administration NOTICES Education Department Transmission rates: NOTICES Northwest Regional Transmission Association Agreement; Agency information collection activities: special arbitration proceeding, 5540–5542 Proposed collection; comment request, 5540

Centers for Disease Control and Prevention Energy Department NOTICES See Bonneville Power Administration Meetings: See Federal Energy Regulatory Commission National Institute for Occupational Safety and Health; NOTICES Scientific Counselors Board, 5562 Grant and cooperative agreement awards: Vital and Health Statistics National Committee, 5562 Electric Power Research Institute, 5542

Civil Rights Commission Environmental Protection Agency NOTICES RULES Meetings; State advisory committees: Air quality implementation plans; approval and Georgia, 5531 promulgation; various States: California, 5515–5518 Coast Guard Illinois, 5511–5513 RULES Pennsylvania; CFR correction, 5515 Dangerous cargoes: Wisconsin, 5514–5515 Cargoes compatibility; CFR correction, 5518 PROPOSED RULES Air quality implementation plans; approval and Commerce Department promulgation; various States: See Export Administration Bureau California, 5527–5528 See International Trade Administration Illinois, 5526–5527 See National Oceanic and Atmospheric Administration Wisconsin, 5527 IV Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Contents

Hazardous waste: Federal Energy Regulatory Commission Identification and listing— NOTICES Petroleum refining process wastes; land disposal Electric rate and corporate regulation filings: restrictions, 5528 NRGenerating Holdings (No. 4) B.V. et al., 5544–5546 NOTICES Applications, hearings, determinations, etc.: Agency information collection activities: Frontier Gas Storage Co., 5542–5543 Proposed collection; comment request, 5546–5549 Koch Gateway Pipeline Co., 5543 Submission for OMB review; comment request, 5549 Northwest Pipeline Corp., 5543 Meetings: Southern Natural Gas Co., 5543–5544 Clean Air Act Advisory Committee, 5549 Texas Eastern Transmission Corp., 5544 State and Tribal Toxics Action Forum Coordinating Committee and Projects, 5550 Federal Maritime Commission Superfund; response and remedial actions, proposed NOTICES settlements, etc.: Investigations, hearings, petitions, etc.: Boharty Drum Site, OH, 5550 F&D Loadline Corp., 5559–5560 Carroll & Dubies Site, NY, 5550–5551 Toxic and hazardous substances control: Federal Reserve System Premanufacture notices receipts, 5646–5653 NOTICES Meetings; Sunshine Act, 5605 Executive Office of the President Applications, hearings, determinations, etc.: See Management and Budget Office Dansker, Jerome, et al., 5560 See Trade Representative, Office of United States Fort Wayne National Corp. et al., 5560–5561

Export Administration Bureau Financial Management Service NOTICES See Fiscal Service Meetings: Fiscal Service Sensors Technical Advisory Committee, 5533 RULES Bonds and notes, U.S. Treasury: Federal Aviation Administration Series EE U.S. savings bonds— RULES Bonds description; CFR correction, 5510 Airworthiness directives: American Champion Aircraft Corp., 5501–5503 Fish and Wildlife Service Class E airspace, 5503–5505 NOTICES PROPOSED RULES Environmental statements; availability, etc.: Airworthiness directives: Incidental take permits— Fokker, 5524–5526 Atlantic Coast piping plover in Massachusetts, 5568– NOTICES 5569 Grants and cooperative agreements; availability, etc.: Aviation research, 5596–5597 Food and Drug Administration Passenger facility charges; applications, etc.: RULES Morgantown Municipal Airport, WV, 5597 Animal drugs, feeds, and related products: Sponsor name and address changes— Federal Communications Commission Fort Dodge Laboratories, 5505–5507 NOTICES NOTICES Agency information collection activities: Human drugs: Proposed collection; comment request, 5551 New drug applications— Submission for OMB review; comment request, 5552 Reed & Carnrick Pharmaceuticals et al.; approval withdrawn, 5562–5564 Federal Deposit Insurance Corporation NOTICES Forest Service Leased space; policy statement, 5552–5554 NOTICES Lessors of real property to FDIC; fitness and integrity Appealable decisions; legal notice: standards; policy statement, 5554–5557 Pacific Southwest region, 5529–5531 Environmental statements; availability, etc.: Federal Election Commission Wallowa-Whitman National Forest, OR, 5531 NOTICES Meetings; Sunshine Act, 5605 Health and Human Services Department See Agency for Health Care Policy and Research Federal Emergency Management Agency See Aging Administration NOTICES See Centers for Disease Control and Prevention Disaster and emergency areas: See Food and Drug Administration Maryland, 5557 See National Institutes of Health New Jersey, 5557 New York, 5557–5558 Housing and Urban Development Department North Carolina, 5558 RULES Ohio, 5558 Public and Indian housing: Pennsylvania, 5559 United States Housing Act of 1937; assistance; definitions West Virginia, 5559 and requirements, 5662–5667 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Contents V

Interior Department National Oceanic and Atmospheric Administration See Fish and Wildlife Service RULES See Land Management Bureau Fishery conservation and management: RULES Gulf of Alaska and Bering Sea and Aleutian Islands Acquisition regulations: groundfish, 5608–5643 Internal procedures, 5519–5520 NOTICES Meetings: International Trade Administration Gulf of Mexico Fishery Management Council, 5536 NOTICES Mid-Atlantic Fishery Management Council, 5536 Scope rulings; list, 5533–5536 Navy Department Justice Department NOTICES See Antitrust Division Base realignment and closure: See Drug Enforcement Administration Surplus Federal property— Naval Surface Warfare Center, Annapolis, MD, 5539– 5540 Labor Department See Occupational Safety and Health Administration Nuclear Regulatory Commission See Pension and Welfare Benefits Administration NOTICES NOTICES Agency information collection activities: Meetings; Sunshine Act, 5605 Submission for OMB review; comment request, 5571– Applications, hearings, determinations, etc.: 5572 Tennessee Valley Authority, 5587 Occupational Safety and Health Administration Land Management Bureau RULES NOTICES Safety and health standards, etc.: Environmental statements; availability, etc.: Reporting and recordkeeping requirements, 5507–5510 Round Mountain Mill and Tailings Facility, NV, 5567– 5568 Office of Management and Budget Oil and gas leases: See Management and Budget Office Arizona, 5568 Office of United States Trade Representative Management and Budget Office See Trade Representative, Office of United States RULES Acquisition regulations: Pennsylvania Avenue Development Corporation Cost Accounting Standards Board— NOTICES Tangible capital assets, 5520–5523 Agency information collection activities: Submission for OMB review; comment request, 5587 National Aeronautics and Space Administration NOTICES Pension and Welfare Benefits Administration Patent licenses; non-exclusive, exclusive, or partially NOTICES exclusive: Employee benefit plans; prohibited transaction exemptions: Imidyne Corp., 5586 Aultman Retirement Savings Plan et al., 5572–5586 Vannevar New Media, Inc., 5586–5587 Postal Service National Archives and Records Administration NOTICES RULES Meetings; Sunshine Act, 5605–5606 Grants and agreements administration: Uniform administrative requirements and definitions; Public Health Service higher education institutions, hospitals, and other See Agency for Health Care Policy and Research non-profit organizations (OMB A–110), 5660 See Centers for Disease Control and Prevention National Historical Publications and Records Commission; See Food and Drug Administration grant program procedures, 5656–5660 See National Institutes of Health

National Institutes of Health Research and Special Programs Administration NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Hazardous materials: Lymphocyte ADP-ribosytransferase and its corresponding Applications; exemptions, renewals, etc., 5597–5600 hydrolase for therapeutic intervention in diseases of the immune system; research and development, Securities and Exchange Commission 5564–5565 NOTICES Inventions, Government-owned; availability for licensing, Self-regulatory organizations; proposed rule changes: 5565–5566 American Stock Exchange, Inc., 5590–5592 Meetings: New York Stock Exchange, Inc., 5592–5593 National Institute of Allergy and Infectious Diseases, Options Clearing Corp., 5593–5596 5566–5567 Applications, hearings, determinations, etc.: Research Grants Division special emphasis panels, 5567 IDS Life Insurance Co. et al., 5587–5590 VI Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Contents

State Department See Fiscal Service NOTICES Meetings: Shipping Coordinating Committee, 5596 Separate Parts In This Issue State Justice Institute NOTICES Part II Meetings; Sunshine Act, 5606 Department of Commerce, National Oceanic and Atmospheric Administration, 5608–5643 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Part III Agreements Environmental Protection Agency, 5646–5653 Trade Representative, Office of United States Part IV NOTICES National Archives and Records Administration, 5656–5660 Unfair trade practices, petitions, etc.: Canada; discriminatory communications practices, 5603– 5604 Part V Housing and Urban Development Department, 5662–5667 Transportation Department See Coast Guard See Federal Aviation Administration Reader Aids See Research and Special Programs Administration Additional information, including a list of public laws, NOTICES telephone numbers, reminders, and finding aids, appears in Aviation proceedings: the Reader Aids section at the end of this issue. Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 5596 International cargo rate flexibility level: Standard foreign fare level— Electronic Bulletin Board Index adjustment factors, 5596 Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of Treasury Department documents on public inspection is available on 202–275– See Alcohol, Tobacco and Firearms Bureau 1538 or 275–0920. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / 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.

9 CFR Proposed Rules: 1...... 5524 2...... 5524 3...... 5524 14 CFR 39...... 5501 71 (3 documents) ...... 5503, 5504 Proposed Rules: 39...... 5524 21 CFR 510...... 5505 520...... 5505 522...... 5505 524...... 5505 24 CFR 5...... 5662 812...... 5662 912...... 5662 950...... 5662 982...... 5662 29 CFR 1910...... 5507 1915...... 5507 1917...... 5507 1918...... 5507 1919...... 5507 1926...... 5507 1928...... 5507 31 CFR 351...... 5510 32 CFR 290...... 5510 36 CFR 1206...... 5656 1210...... 5660 40 CFR 52 (4 documents) ...... 5511, 5514, 5515 Proposed Rules: 52 (3 documents) ...... 5526, 5527 261...... 5528 271...... 5528 302...... 5528 46 CFR 150...... 5518 48 CFR 1403...... 5519 1425...... 5519 1452...... 5519 9904...... 5520 50 CFR 672...... 5608 675...... 5608 5501

Rules and Regulations Federal Register Vol. 61, No. 30

Tuesday, February 13, 1996

This section of the FEDERAL REGISTER ADDRESSES: Submit comments in sharp scratches in the forward edge of contains regulatory documents having general triplicate to the Federal Aviation the shorter portion of the aft leg applicability and legal effect, most of which Administration (FAA), Central Region, contributed to the fatigue cracking in are keyed to and codified in the Code of Office of the Assistant Chief Counsel, the wing fitting. Metallurgical Federal Regulations, which is published under Attention: Rules Docket 96–CE–08–AD, examination of the fitting indicates that 50 titles pursuant to 44 U.S.C. 1510. Room 1558, 601 E. 12th Street, Kansas these fatigue cracks formed in scratches The Code of Federal Regulations is sold by City, Missouri 64106. and surface deformities that resulted the Superintendent of Documents. Prices of Service information that applies to during the manufacturing process, and new books are listed in the first FEDERAL this AD may be obtained from the existed prior to the accident. REGISTER issue of each week. American Champion Aircraft Since the accident, the FAA and Corporation, 32032 Washington American Champion have inspected Avenue, Rochester, Wisconsin 53167. another Model 8KCAB airplane and DEPARTMENT OF TRANSPORTATION This information may also be examined found fatigue cracks on two of the four at the FAA, Central Region, Office of the wing strut fittings. These fatigue cracks Federal Aviation Administration Assistant Chief Counsel, Attention: also originated from scratches and 14 CFR Part 39 Rules Docket 96–CE–08–AD, Room surface deformities in the wing front 1558, 601 E. 12th Street, Kansas City, strut fitting. In addition, evaluation of Missouri 64106; or at the Office of the new uninstalled wing front strut fittings [Docket No. 96±CE±08±AD; Amendment 39± Federal Register, 800 North Capitol reveal these scratches and surface 9508; AD 96±03±11] Street NW., suite 700, Washington, DC. deformities. Airworthiness Directives; American FOR FURTHER INFORMATION CONTACT: Ms. American Champion Models 8GCBC, Champion Aircraft Corporation Models Karen Forest, Aerospace Engineer, FAA, 7GCBC, and 7ECA airplanes incorporate 8KCAB, 8GCBC, 7GCBC, and 7ECA Chicago Aircraft Certification Office, the same design fitting that the Model Airplanes 2300 E. Devon, room 232, Des Plaines, 8KCAB airplanes incorporate. The Illinois 60018; telephone (847) 294– fittings of these airplanes do incur lower AGENCY: Federal Aviation 7697; facsimile (847) 294–7834. stress levels compared to the fittings of Administration, DOT. SUPPLEMENTARY INFORMATION: The FAA the Model 8KCAB airplanes; however, ACTION: Final rule; request for has received a report of an American the FAA does not know at what stress comments. Champion Model 8KCAB airplane levels fatigue cracks will form in the breaking apart in flight and resulting in area of scratches or surface deformities SUMMARY: This amendment adopts a a fatal accident. The cause of the of these fittings, and how many or new airworthiness directive (AD) that accident is attributed to the pilot which fittings have scratches or surface applies to American Champion Aircraft operating the airplane outside of its deformities as a result of the Corporation (American Champion) approved flight envelope during manufacturing process. Models 8KCAB, 8GCBC, 7GCBC, and aerobatic instruction. During the The FAA does know that the accident 7ECA airplanes that are equipped with accident investigation, the National airplane had accumulated metal spar wings. This action requires Transportation Safety Board (NTSB), approximately 890 hours time-in-service inspecting (one time) the wing front American Champion, and the FAA (TIS) and the airplane inspected that strut fittings for cracks or scratches, examined the remains of the accident had fatigue cracks in two of the four replacing any wing front strut fittings airplane, including the separated pieces wing front strut fittings had found cracked or scratched, and of the wing and fuselage structure. This accumulated about 200 hours TIS. reporting the inspection results to the examination revealed fatigue cracking of While a full analysis of the fatigue crack Federal Aviation Administration (FAA). the wing front strut fittings. growth on these fittings is currently Fatigue cracks found on the wing front The design of the wing and fuselage taking place, the FAA feels that the strut fittings on two Model 8KCAB structure is such that the outboard ends above range of hours TIS on the two airplanes prompted this action. The of the wing fittings for each primary aircraft found with fatigue cracks actions specified by this AD are strut are bolted to the web of the wing’s presents an immediate unsafe condition intended to prevent structural failure of front spar. One fitting is on the forward on the American Champion Models a wing assembly caused by cracked or side of the web and one is on the aft side 8KCAB, 8GCBC, 7GCBC, and 7ECA scratched wing front strut fittings, of the web. The fittings then transition airplanes that may have scratches or which, if not detected and corrected, to a wider area where the strut is surface deformities on any wing front could result in loss of control of the attached with a bolt. In the above- strut fitting. airplane. referenced accident, the forward fitting American Champion has issued DATES: Effective February 26, 1996. fractured through the transition area Service Letter 408, dated January 24, The incorporation by reference of (approximately in the center of the 1996, which specifies procedures for certain publications listed in the fitting length), causing the fitting to inspecting the wing front strut fittings regulations is approved by the Director separate. This wing strut fitting for cracks or scratches. This service of the Federal Register as of February transition area contains an aft leg that is letter includes a figure that depicts the 26, 1996. assembled against the forward face of crosshatched areas of the wing front Comments for inclusion in the Rules the wing spar web and a forward leg. strut fittings to be inspected. Docket must be received on or before Investigation of the fitting from the After examining the circumstances April 12, 1996. accident aircraft revealed that small, and reviewing all available information 5502 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations related to the incidents described above amended in light of the comments Administrator, the Federal Aviation including the referenced service letter, received. Factual information that Administration amends part 39 of the the FAA has determined that (1) the supports the commenter’s ideas and Federal Aviation Regulations (14 CFR wing fittings of all American Champion suggestions is extremely helpful in part 39) as follows: airplane models that incorporate metal evaluating the effectiveness of the AD wing spars should be inspected to detect action and determining whether PART 39ÐAIRWORTHINESS and correct any cracks, scratches, or additional rulemaking action would be DIRECTIVES surface deformities; and (2) AD action needed. 1. The authority citation for part 39 should be taken to prevent structural Comments are specifically invited on continues to read as follows: failure of a wing assembly caused by the overall regulatory, economic, cracked or scratched wing front strut environmental, and energy aspects of Authority: 49 USC 106(g), 40113, 44701. fittings, which, if not detected and the rule that might suggest a need to § 39.13 [Amended] corrected, could result in loss of control modify the rule. All comments 2. Section 39.13 is amended by of the airplane. submitted will be available, both before adding a new airworthiness directive Since an unsafe condition has been and after the closing date for comments, (AD) to read as follows: identified that is likely to exist or in the Rules Docket for examination by develop in other American Champion interested persons. A report that 96–03–11 American Champion Aircraft Models 8KCAB, 8GCBC, 7GCBC, and summarizes each FAA-public contact Corporation: Amendment 39–9508; Docket No. 96–CE–08–AD. 7ECA airplanes of the same type design concerned with the substance of this AD that are equipped with metal spar will be filed in the Rules Docket. Applicability: The following airplane wings, this AD requires inspecting (one- Commenters wishing the FAA to models and serial numbers, certificated in any category, that are equipped with metal time) the wing front strut fittings for acknowledge receipt of their comments spar wings: cracks, scratches, or surface deformities, submitted in response to this rule must —Model 8KCAB airplanes, serial numbers and replacing any wing front strut submit a self-addressed, stamped 643–90 through 762–95; fittings found with cracks, scratches, or postcard on which the following —Model 8KCAB airplanes, all serial surface deformities. The proposed AD statement is made: ‘‘Comments to numbers, that are equipped with metal would also require the owners/operators Docket No. 96–CE–08–AD.’’ The spar wings, wing assembly part number 7– of the affected airplanes to report the postcard will be date stamped and 1521 (installed in accordance with results of the one-time inspection to the returned to the commenter. American Champion Service Kit 403); FAA. The FAA will then analyze these The regulations adopted herein will —Model 8GCBC airplanes, serial numbers reports to determine whether additional 361–91 through 374–95; not have substantial direct effects on the —Model 8GCBC airplanes, all serial rulemaking (repetitive inspections, States, on the relationship between the numbers, that are equipped with metal modifications, etc.) is necessary for national government and the States, or spar wings, wing assembly part number 7– these airplanes. Accomplishment of the on the distribution of power and 1542; inspection is in accordance with responsibilities among the various —Model 7GCBC airplanes, serial numbers American Champion Service Letter 408. levels of government. Therefore, in 1200–94 through 1212–95; This service letter also depicts the accordance with Executive Order 12612, —Model 7GCBC airplanes, all serial crosshatched areas of the wing front it is determined that this final rule does numbers, that are equipped with metal strut fittings to be inspected. The spar wings, wing assembly part number 7– not have sufficient federalism 1541; replacement (if necessary) is implications to warrant the preparation —Model 7ECA airplanes, serial numbers accomplished in accordance with the of a Federalism Assessment. 1355–95 through 1357–95; and applicable maintenance manual. The FAA has determined that this —Model 7ECA airplanes, all serial numbers, Since a situation exists (possible regulation is an emergency regulation that are equipped with metal spar wings, structural failure of the wing assembly that must be issued immediately to wing assembly part number 7–1567. caused by cracked or scratched wing correct an unsafe condition in aircraft, Note 1: This AD applies to each airplane front strut fittings) that requires the and is not a significant regulatory action identified in the preceding applicability immediate adoption of this regulation, it under Executive Order 12866. It has provision, regardless of whether it has been is found that notice and opportunity for been determined further that this action modified, altered, or repaired in the area public prior comment hereon are subject to the requirements of this AD. For involves an emergency regulation under airplanes that have been modified, altered, or impracticable, and that good cause DOT Regulatory Policies and Procedures repaired so that the performance of the exists for making this amendment (44 FR 11034, February 26, 1979). If it requirements of this AD is affected, the effective in less than 30 days. is determined that this emergency owner/operator must request approval for an Comments Invited regulation otherwise would be alternative method of compliance in significant under DOT Regulatory accordance with paragraph (d) of this AD. Although this action is in the form of Policies and Procedures, a final The request should include an assessment of a final rule that involves requirements regulatory evaluation will be prepared the effect of the modification, alteration, or affecting immediate flight safety and, repair on the unsafe condition addressed by and placed in the Rules Docket this AD; and, if the unsafe condition has not thus, was not preceded by notice and (otherwise, an evaluation is not opportunity to comment, comments are been eliminated, the request should include required). A copy of it, if filed, may be specific proposed actions to address it. invited on this rule. Interested persons obtained from the Rules Docket. are invited to comment on this rule by Compliance: Required as follows: submitting such written data, views, or List of Subjects in 14 CFR Part 39 —Within the next 50 hours time-in-service arguments as they may desire. after the effective date of this AD, unless Air transportation, Aircraft, Aviation already accomplished; and Communications should identify the safety, Incorporation by reference, —Upon the installation of metal spar wings, Rules Docket number and be submitted Safety. unless the replacement wings have been in triplicate to the address specified inspected in accordance with this AD prior above. All communications received on Adoption of the Amendment to installation. or before the closing date for comments Accordingly, pursuant to the To prevent structural failure of a wing will be considered, and this rule may be authority delegated to me by the assembly caused by cracked or scratched Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5503 wing front strut fittings, which, if not 408 dated January 24, 1996. This Interested parties were invited to detected and corrected, could result in loss incorporation by reference was approved by participate in this rulemaking of control of the airplane, accomplish the the Director of the Federal Register in proceeding by submitting written following: accordance with 5 U.S.C. 552(a) and 1 CFR comments on the proposal to the FAA. (a) Inspect the wing front strut fittings for part 51. Copies may be obtained from No comments to the proposal were cracks, scratches, or surface deformities in American Champion Aircraft Corporation, accordance with the instructions in 32032 Washington Avenue, Rochester, received. Class E airspace designations American Champion Aircraft Corporation Wisconsin 53167. Copies may be inspected at are published in paragraph 6005 of FAA Service Letter 408, dated January 24, 1996. the FAA, Central Region, Office of the Order 7400.9C dated August 17, 1995, Figure 3 of Service Letter 408 depicts the Assistant Chief Counsel, Room 1558, 601 E. and effective September 16, 1995, which crosshatched areas of the fittings that must be 12th Street, Kansas City, Missouri, or at the is incorporated by reference in 14 CFR inspected. This service letter specifies both a Office of the Federal Register, 800 North 71.1. The E airspace designation listed visual inspection and the choice of either a Capitol Street, NW., 7th Floor, suite 700, in this document will be published dye penetrant, Zyglo test, ultrasonic, or x-ray Washington, DC. subsequently in this Order. inspection. Prior to further flight, replace any (f) This amendment (39–9508) becomes wing front strut fitting that has any crack, effective on February 26, 1996. The Rule scratch, or surface deformity, with a wing Issued in Kansas City, Missouri, on January This amendment to part 71 of the front strut fitting that is found to be free of 31, 1996. cracks, scratches, and surface deformities. Federal Aviation Regulations (14 CFR Accomplish this replacement in accordance Michael Gallagher, part 71) establishes a Class E airspace with the instructions in the applicable Manager, Small Airplane Directorate, Aircraft area at Willcox, AZ. The development of maintenance manual. Certification Service. a GPS SIAP to RWYs 21/3 has made this Note 2: American Champion Aircraft [FR Doc. 96–2684 Filed 2–12–96; 8:45 am] action necessary. The intended effect of Corporation Service Letter 408 specifies BILLING CODE 4910±13±U this action is to provide adequate replacing the wing strut fitting if scratches controlled airspace for aircraft executing are found that are deeper than 0.010 inch. the GPS RWYs 21/3 SIAP at Cochise This AD requires replacing the wing strut 14 CFR Part 71 County Airport, Willcox, AZ. fitting if any scratch is found and takes The FAA has determined that this precedence over that specified in the service [Airspace Docket No. 95±AWP±28] regulation only involves an established letter. body of technical regulations for which Note 3: American Champion Service Letter Establishment of Class E Airspace; 408 only references wing front strut fittings, Willcox, AZ frequent and routine amendments are part numbers 3–1632–1 and 3–1632–2. necessary to keep them operationally Certain airplanes will incorporate wing front AGENCY: Federal Aviation current. Therefore, this regulation—(1) strut fittings, part numbers 3–1646R and 3– Administration (FAA), DOT. is not a ‘‘significant regulatory action’’ 1646L, depending on the specific airplane ACTION: Final rule. under Executive Order 12866; (2) is not design. The design of the critical area of the a ‘‘significant rule’’ under DOT strut is the same and the inspection SUMMARY: This action establishes a Class Regulatory Policies and Procedures (44 procedures apply to all of the above- E airspace area at Willcox, AZ. The FR 10034; February 26, 1979); and (3) referenced wing front strut fitting part development of a Global Positioning does not warrant preparation of a numbers. System (GPS) Standard Instrument Regulatory Evaluation as the anticipated (b) Send the results of the inspection Approach Procedure (SIAP) to Runways impact is so minimal. Since this is a required by paragraph (a) of this AD within 10 calendar days after the inspection to the (RWYs) 21/3 has made this action routine matter that will only affect air Manager, Chicago Aircraft Certification necessary. The intended effect of this traffic procedures and air navigation, it Office (ACO), 2300 E. Devon, room 232, Des action is to provide adequate controlled is certified that this rule will not have Plaines, Illinois 60018. Include the airplane airspace for Instrument Flight Rules a significant economic impact on a serial number, and the condition and number (IFR) operations at Cochise County substantial number of small entities of hours time-in-service of each cracked or Airport, Willcox, AZ. under the criteria of the Regulatory scratched wing front strut fitting at the time EFFECTIVE DATE: 0901 UTC April 25, Flexibility Act. of inspection. (Reporting approved by the Office of Management and Budget under 1996. List of Subjects in 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: OMB no. 2120–0056.) Airspace, Incorporation by reference, (c) Special flight permits may be issued in Scott Speer, Airspace Specialist, System Navigation (air). accordance with sections 21.197 and 21.199 Management Branch, AWP–530, Air of the Federal Aviation Regulations (14 CFR Traffic Division, Western-Pacific Adoption of the Amendment 21.197 and 21.199) to operate the airplane to Region, Federal Aviation In consideration of the foregoing, the a location where the requirements of this AD Administration, 15000 Aviation can be accomplished. Federal Aviation Administration (d) An alternative method of compliance or Boulevard, Lawndale, California 90261, amends 14 CFR part 71 as follows: adjustment of the compliance time that telephone (310) 725–6533. PART 71Ð[AMENDED] provides an equivalent level of safety may be SUPPLEMENTARY INFORMATION: approved by the Manager, Chicago ACO, at 1. The authority citation for 14 CFR the address specified in paragraph (b) of this History part 71 continues to read as follows: AD. The request shall be forwarded through On December 18, 1995, the FAA an appropriate FAA Maintenance Inspector, Authority: 49 U.S.C. 106(g), 40103, 40113, who may add comments and then send it to proposed to amend part 71 of the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– the Manager, Chicago ACO. Federal Aviation Regulations (14 CFR 1963 Comp., p. 389; 14 CFR 11.69. Note 4: Information concerning the part 71) by establishing a Class E § 71.1 [Amended] existence of approved alternative methods of airspace area at Willcox, AZ (60 FR compliance with this AD, if any, may be 65042). This action will provide 2. The incorporation by reference in obtained from the Chicago ACO. adequate controlled airspace to 14 CFR 71.1 of the Federal Aviation (e) The inspections required by this AD accommodate a GPS SIAP to RWYs 21/ Administration Order 7400.9C, Airspace shall be done in accordance with American 3 at Cochise County Airport, Willcox, Designations and Reporting Points, Champion Aircraft Corporation Service Letter AZ. dated August 17, 1995, and effective 5504 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

September 16, 1995, is amended as proceeding by submitting written Paragraph 6005 Class E airspace areas follows: comments on the proposal to the FAA. extending upward from 700 feet or more above the surface of the earth. Paragraph 6005 Class E airspace areas No comments to the proposal were extending upward from 700 feet or more received. Class E airspace designations * * * * * above the surface of the earth are published in paragraph 6005 of FAA AWP CA E5 Columbia, CA [Revised] Order 7400.9C dated August 17, 1995, * * * * * Columbia Airport, CA and effective September 16, 1995, which ° ′ ′′ ° ′ ′′ AWP AZ E5 Willcox, AZ [New] (Lat. 38 01 50 N, long. 120 24 53 W) is incorporated by reference in 14 CFR Columbia NDB Cochise County Airport, AZ 71.1. The E airspace designation listed (Lat. 38°01′52′′N, long. 120°24′50′′W) ° ′ ′′ ° ′ ′′ (Lat. 32 14 39 N, long. 109 53 38 W in this document will be published That airspace extending upward from 700 That airspace extending upward from 700 subsequently in this Order. feet above the surface within a 5-mile radius feet above the surface within an 6.5-mile The Rule of Columbia Airport and within 2.6 miles radius of Cochise County Airport. each side of the 211° bearing from the * * * * * This amendment to part 71 of the Columbia NDB extending from the 5-mile Issued in Los Angeles, California on Federal Aviation Regulations (14 CFR radius to 10.4 miles south of the NDB and January 25, 1996. part 71) amends the Class E airspace within 2 miles east of the 189° bearing from Rose L. Marino, area at Columbia, CA. The development the Columbia NDB extending from the 5-mile radius to 7.8 miles south of the NDB. Acting Manager, Air Traffic Division, of a GPS SIAP to RWY 35 has made this Western-Pacific Region. action necessary. This action will * * * * * [FR Doc. 96–3173 Filed 2–12–96; 8:45 am] provide adequate controlled airspace for Issued in Los Angeles, California, on January 25, 1996. BILLING CODE 4910±13±M aircraft executing the GPS RWY 35 SIAP at Columbia Airport, Columbia, CA. Rose L. Marino, The FAA has determined that this Acting Manager, Air Traffic Division, 14 CFR Part 71 regulation only involves an established Western-Pacific Region. [FR Doc. 96–3174 Filed 2–12–96; 8:45 am] [Airspace Docket No. 95±AWP±39] body of technical regulations for which frequent and routine amendments are BILLING CODE 4910±13±M Amendment of Class E Airspace; necessary to keep them operationally Columbia, CA current. Therefore, this regulation—(1) is not a ‘‘significant regulatory action’’ 14 CFR Part 71 AGENCY: Federal Aviation under Executive Order 12866; (2) is not [Airspace Docket No. 95±AWP±43] Administration (FAA), DOT. a ‘‘significant rule’’ under DOT ACTION: Final rule. Regulatory Policies and Procedures (44 Amendment of Class E Airspace; FR 10034; February 26, 1979); and (3) Vacaville, CA SUMMARY: This action amends the Class does not warrant preparation of a E airspace area at Columbia, CA. The Regulatory Evaluation as the anticipated AGENCY: Federal Aviation development of a Global Positioning impact is so minimal. Since this is a Administration (FAA), DOT. System (GPS) Standard Instrument routine matter that will only affect air ACTION: Final rule. Approach Procedure (SIAP) to Runway traffic procedures and air navigation, it SUMMARY: This action amends the Class (RWY) 35 has made this action is certified that this rule will not have E airspace area at Vacaville, CA. The necessary. The intended effect of this a significant economic impact on a development of a Global Positioning action is to provide adequate controlled substantial number of small entities System (GPS) Standard Instrument airspace for Instrument Flight Rules under the criteria of the Regulatory Approach Procedure (SIAP) to Runway (IFR) operations at Columbia Airport, Flexibility Act. Columbia, CA. (RWY) 20 has made this action EFFECTIVE DATE: 0901 UTC April 25, List of Subjects in 14 CFR Part 71 necessary. The intended effect of this 1996. Airspace, Incorporation by reference, action is to provide adequate controlled airspace for Instrument Flight Rules FOR FURTHER INFORMATION CONTACT: Navigation (air). Scott Speer, Airspace Specialist, System (IFR) operations at Nut Tree Airport, Adoption of the Amendment Management Branch, AWP–530, Air Vacaville, CA. Traffic Division, Western-Pacific In consideration of the foregoing, the EFFECTIVE DATE: 0901 UTC April 25, Region, Federal Aviation Federal Aviation Administration 1996. Administration, 15000 Aviation amends 14 CFR part 71 as follows: FOR FURTHER INFORMATION CONTACT: Boulevard, Lawndale, California 90261, Scott Speer, Airspace Specialist, System telephone (310) 725–6533. PART 71Ð[AMENDED] Management Branch, AWP–530, Air Traffic Division, Western-Pacific SUPPLEMENTARY INFORMATION: 1. The authority citation for 14 CFR part 71 continues to read as follows: Region, Federal Aviation History Administration, 15000 Aviation Authority: 49 U.S.C. 106(g), 40103, 40113, On December 18, 1995, the FAA Boulevard, Lawndale, California 90261, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– telephone (310) 725–6533. proposed to amend part 71 of the 1963 Comp., p. 389; 14 CFR 11.69. Federal Aviation Regulations (14 CFR SUPPLEMENTARY INFORMATION: part 71) by amending the Class E § 71.1 [Amended] airspace area at Columbia, CA (60 FR 2. The incorporation by reference in History 65045). This action will provide 14 CFR 71.1 of the Federal Aviation On December 18, 1995, the FAA adequate controlled airspace to Administration Order 7400.9C, Airspace proposed to amend part 71 of the accommodate a GPS SIAP to RWY 35 at Designations and Reporting Points, Federal Aviation Regulations (14 CFR Columbia Airport, Columbia, CA. dated August 17, 1995, and effective part 71) by amending the Class E Interested parties were invited to September 16, 1995, is amended as airspace area at Vacaville, CA (60 FR participate in this rulemaking follows: 65043). This action will provide Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5505 adequate controlled airspace to under the criteria of the Regulatory Issued in Los Angeles, California, on accommodate a GPS SIAP to RWY 20 at Flexibility Act. January 30, 1996. Nut Tree Airport, Vacaville, CA. James H. Snow, List of Subjects in 14 CFR Part 71 Interested parties were invited to Acting Management, Air Traffic Division, participate in this rulemaking Airspace, Incorporation by reference, Western-Pacific Region. proceeding by submitting written Navigation (air). [FR Doc. 96–3175 Filed 2–12–96; 8:45 am] comments on the proposal to the FAA. Adoption of the Amendment BILLING CODE 4910±13±M No comments to the proposal were received. Class E airspace designations In consideration of the foregoing, the are published in paragraph 6005 of FAA Federal Aviation Administration DEPARTMENT OF HEALTH AND Order 7400.9C dated August 17, 1995, amends 14 CFR part 71 as follows: HUMAN SERVICES and effective September 16, 1995, which is incorporated by reference in 14 CFR PART 71Ð[AMENDED] Food and Drug Administration 71.1. The E airspace designation listed 1. The authority citation for 14 CFR 21 CFR Parts 510, 520, 522, and 524 in this document will be published part 71 continues to read as follows: subsequently in this Order. Authority: 49 U.S.C. 106(g), 40103, 40113, Animal Drugs, Feeds, and Related The Rule 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Products; Change of Sponsor 1963 Comp., p. 389; 14 CFR 11.69. This amendment to part 71 of the AGENCY: Food and Drug Administration, Federal Aviation Regulations (14 CFR § 71.1 [Amended] HHS. part 71) amends the Class E airspace 2. The incorporation by reference in ACTION: Final rule. area at Vacaville, CA. The development 14 CFR 71.1 of the Federal Aviation SUMMARY: The Food and Drug of a GPS SIAP to RWY 20 has made this Administration Order 7400.9C, Airspace Administration (FDA) is amending the action necessary. The intended effect of Designations and Reporting Points, animal drug regulations to reflect a this action is to provide adequate dated August 17, 1995, and effective change of sponsor for 35 approved new controlled airspace for aircraft executing September 16, 1995, is amended as animal drug applications (NADA’s) from the GPS RWY 20 SIAP at Nut Tree follows: Airport, Vacaville, CA. Syntex Animal Health, Division of Paragraph 6005 Class E airspace areas Syntex Agri-business, Inc., to Fort The FAA has determined that this extending upward from 700 feet or more Dodge Laboratories, Division of regulation only involves an established above the surface of the earth. American Home Products. body of technical regulations for which * * * * * frequent and routine amendments are EFFECTIVE DATE: February 13, 1996. necessary to keep them operationally AWP CA E5 Vacaville, CA [Revised] FOR FURTHER INFORMATION CONTACT: current. Therefore, this regulation—(1) Nut Tree Airport, CA Thomas J. McKay, Center for Veterinary is not a ‘‘significant regulatory action’’ (Lat. 38°22′37′′ N, long. 121°57′45′′ W) Medicine (HFV–102), Food and Drug Sacramento VORTAC Administration, 7500 Standish Pl., under Executive Order 12866; (2) is not ° ′ ′′ ° ′ ′′ a ‘‘significant rule’’ under DOT (Lat. 38 38 26 N, long. 121 33 06 W) Rockville, MD 20855, 301–827–0213. Regulatory Policies and Procedures (44 That airspace extending upward from 700 SUPPLEMENTARY INFORMATION: Syntex FR 10034; February 26, 1979); and (3) feet above the surface within a 5-mile radius Animal Health, Division of Syntex Agri- of Nut Tree Airport and within 2.2 miles does not warrant preparation of a each side of the Sacramento VORTAC 259° business, Inc., 3401 Hillview Ave., Palo Regulatory Evaluation as the anticipated radial, extending from the 5-mile radius to Alto, CA 94303, has informed FDA that impact is so minimal. Since this is a 11.3 miles west of the VORTAC and within it has transferred the ownership of, and routine matter that will only affect air 2.6 miles each side of the 034° bearing from all rights and interests in, the following traffic procedures and air navigation, it the Nut Tree Airport, extending from the 5- approved NADA’s to Fort Dodge is certified that this rule will not have mile radius to 10.5 miles northeast of the Laboratories, Division of American a significant economic impact on a airport. Home Products Corp., 800 Fifth St. NW., substantial number of small entities * * * * * Fort Dodge, IA 50501:

NADA No. Drug Name

9±576 Synovex S and Synovex C Implants (progesterone and estradiol benzoate) 11±427 Synovex H Implants (testosterone propionate and estradiol benzoate) 15±126 Spectinomycin Injectable & Tablets (spectinomycin) 30±414 Flucort (V Solution (flumethasone) 30±415 Flucort Tablets (flumethasone) 32±168 DOMOSO Solution (dimethyl sulfoxide) 36±211 Anaprime Suspension (flumethasone) 36±212 Fluosmin Suspension (flumethasone acetate) 37±586 Erythromast '36' Solution (erythromycin) 38±801 Anaprime Ophthalmic Solution (flumethasone) 41±629 Spectinomycin Oral Solution and Spectogard Oral Solution (spectinomycin) 41±665 Tranvet Chewable Tablets (propiopromazine hydrochloride) 45±512 Synotic Otic Solution (fluocinolone acetonide and dimethyl sulfoxide) 45±716 Tranvet Injectable Solution (propiopromazine hydrochloride) 47±334 Synsac Solution (flucinolone acetonide and dimethyl sulfoxide) 47±925 DOMOSO Gel (dimethyl sulfoxide) 49±725 Anaprime Opthakote Ophthalmic Solution (flumethasone with neomycin sulfate and polymyxin B sulfate) 5506 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

NADA No. Drug Name

49±726 Optiprime Opthakote Ophthalmic Solution (neomycin sulfate and polymyxin B sulfate) 96±674 Equiproxen Granules (naproxen) 96±675 Equiproxen Injectable (naproxen) 100±254 Synchrocept (prostalene) 110±776 Benzelmin Powder for Suspension (oxfendazole) 110±777 Benzelmin Top Dress Pellets (oxfendazole) 115±578 Di-Trim Tablets (trimethoprim and sulfadiazine) 128±549 Bovilene Sterile Solution (fenprostalene) 128±967 Repose (sodium secobarbital and dibucaine hydrochloride) 132±105 Benzelmin 37.5% Paste (oxfendazole) 132±486 Di-Trim 24% Injection (trimethoprim and sulfadiazine) 133±841 Benzelmin 9.06% Suspension (oxfendazole) 134±778 Di-Trim 48% Injection (trimethoprim and sulfadiazine) 136±342 Di-Trim 400 Oral Paste (trimethoprim and sulfadiazine) 136±740 Benzelmin Plus Paste (oxfendazole plus trichlorfon) 138±903 Porcilene Sterile Solution (fenprostalene) 140±854 Synanthic 9.06% and 22.5% Suspension(oxfendazole) 140±892 Synanthic 18.5% Paste (oxfendazole)

Accordingly, the agency is amending PART 520ÐORAL DOSAGE FORM amended in paragraph (c) by removing 21 CFR parts 510, 520, 522, and 524 to NEW ANIMAL DRUGS ‘‘000033’’ and adding in its place reflect the change of sponsor. ‘‘000856’’. 3. The authority citation for 21 CFR List of Subjects part 520 continues to read as follows: § 520.2122 [Amended] 21 CFR Part 510 Authority: Sec. 512 of the Federal Food, 11. Section 520.2122 Spectinomycin Drug, and Cosmetic Act (21 U.S.C. 360b) . dihydrochloride oral solution is Administrative practice and amended in paragraph (b)(2) by procedure, Animal drugs, Labeling, § 520.960 [Amended] removing ‘‘000033’’ and adding in its Reporting and recordkeeping place ‘‘000856’’. requirements. 4. Section 520.960 Flumethasone tablets is amended in paragraph (b) by § 520.2610 [Amended] 21 CFR Parts 520, 522, and 524 removing ‘‘000033’’ and adding in its 12. Section 520.2610 Trimethoprim Animal drugs. place ‘‘000856’’. and sulfadiazine tablets is amended in Therefore, under the Federal Food, § 520.1468 [Amended] paragraph (b) by removing ‘‘000033’’ Drug, and Cosmetic Act and under and adding in its place ‘‘000856’’. authority delegated to the Commissioner 5. Section 520.1468 Naproxen of Food and Drugs and redelegated to granules is amended in paragraph (b) by § 520.2611 [Amended] the Center for Veterinary Medicine, 21 removing ‘‘000033’’ and adding in its 13. Section 520.2611 Trimethoprim CFR parts 510, 520, 522, and 524 are place ‘‘000856’’. and sulfadiazine oral paste is amended in paragraph (b) by removing ‘‘000033’’ amended as follows: § 520.1628 [Amended] and adding in its place ‘‘000856’’. PART 510ÐNEW ANIMAL DRUGS 6. Section 520.1628 Oxfendazole powder and pellets is amended in PART 522ÐIMPLANTATION OR 1. The authority citation for 21 CFR paragraph (b) by removing ‘‘000033’’ INJECTABLE DOSAGE FORM NEW part 510 continues to read as follows: and adding in its place ‘‘000856’’. ANIMAL DRUGS Authority: Secs. 201, 301, 501, 502, 503, § 520.1629 [Amended] 14. The authority citation for 21 CFR 512, 701, 721 of the Federal Food, Drug, and part 522 continues to read as follows: Cosmetic Act (21 U.S.C. 321, 331, 351, 352, 7. Section 520.1629 Oxfendazole 353, 360b, 371, 379e). paste is amended in paragraph (a)(2) Authority: Sec. 512 of the Federal Food, and (b)(2) by removing ‘‘000033’’ and Drug, and Cosmetic Act (21 U.S.C. 360b). § 510.600 [Amended] adding in its place ‘‘000856’’. § 522.842 [Amended] 2. Section 510.600 Names, addresses, § 520.1630 [Amended] and drug labeler codes of sponsors of 15. Section 522.842 Estradiol 8. Section 520.1630 Oxfendazole benzoate and testosterone propionate in approved applications is amended in suspension is amended in paragraph (b) the table in paragraph (c)(1) by revising combination is amended in paragraph by removing ‘‘000033’’ and adding in its (b) by removing ‘‘000033’’ and adding in the entry for ‘‘Fort Dodge Laboratories’’ place ‘‘000856’’. to read ‘‘Fort Dodge Laboratories, its place ‘‘000856’’. Division of American Home Products § 520.1631 [Amended] § 522.914 [Amended] Corp., 800 Fifth St. NW., Fort Dodge, IA 9. Section 520.1631 Oxfendazole and 16. Section 522.914 Fenprostalene 50501’’; and in the table in paragraph trichlorfon paste is amended in solution is amended in paragraph (b) by (c)(2) in the entry for ‘‘000856’’ by paragraph (b) by removing ‘‘000033’’ removing ‘‘000033’’ and adding in its revising the sponsor name and address and adding in its place ‘‘000856’’. place ‘‘000856’’. to read, ‘‘Fort Dodge Laboratories, Division of American Home Products, § 520.2002 [Amended] § 522.960a [Amended] 800 Fifth St. NW., Fort Dodge, IA 10. Section 520.2002 17. Section 522.960a Flumethasone 50501.’’ Propiopromazine hydrochloride is suspension is amended in paragraph (c) Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5507 by removing ‘‘000033’’ and adding in its § 524.660b [Amended] years. The display of OMB control place ‘‘000856’’. 28. Section 524.660b Dimethyl numbers is required under the sulfoxide gel is amended in paragraph implementing rules and regulations of § 522.960b [Amended] (b) by removing ‘‘000033’’ and adding in OMB and under the Paperwork 18. Section 522.960b Flumethasone its place ‘‘000856’’. Reduction Act of 1995. acetate injection is amended in EFFECTIVE DATE: February 13, 1996. § 524.960 [Amended] paragraph (c) by removing ‘‘000033’’ FOR FURTHER INFORMATION CONTACT: Ms. and adding in its place ‘‘000856’’. 29. Section 524.960 Flumethasone, Anne Cyr, Office of Information and neomycin sulfate, and polymyxin B § 522.960c [Amended] Consumer Affairs, U.S. Department of sulfate ophthalmic solutions is amended Labor, Occupational Safety and Health 19. Section 522.960c Flumethasone in paragraph (b) by removing ‘‘000033’’ Administration, Room N3647; 200 solution is amended in paragraph (b) by and adding in its place ‘‘000856’’. Constitution Avenue, NW, Washington, removing ‘‘000033’’ and adding in its § 524.981d [Amended] DC 20210 (202–219–8148, FAX 202– place ‘‘000856’’. 219–5986). 30. Section 524.981d Fluocinolone § 522.1468 [Amended] acetonide, dimethyl sulfoxide solution SUPPLEMENTARY INFORMATION: 20. Section 522.1468 Naproxen for is amended in paragraph (b) by I. Background injection is amended in paragraph (b) by removing ‘‘000033’’ and adding in its place ‘‘000856’’. OSHA has a number of provisions removing ‘‘000033’’ and adding in its within its occupational safety and place ‘‘000856’’. § 524.1484e [Amended] health standards that require employers § 522.1940 [Amended] 31. Section 524.1484e Neomycin to collect or prepare information. These sulfate and polymyxin B sulfate types of provisions are broadly 21. Section 522.1940 Progesterone ophthalmic solution is amended in classified as ‘‘information collection and estradiol benzoate in combination paragraph (b) by removing ‘‘000033’’ requirements.’’ All information is amended in paragraph (b) and and adding in its place ‘‘000856’’. collection requirements are subject to (d)(1)(iii) by removing ‘‘000033’’ and review and approval by OMB on not adding in its place ‘‘000856’’. Dated: February 1, 1996. more than a three-year cycle. It should Robert C. Livingston, § 522.2002 [Amended] be noted that OSHA cannot impose a Director, Office of New Animal Drug penalty on employers for violating 22. Section 522.2002 Evaluation, Center for Veterinary Medicine. collection of information Propiopromazine hydrochloride [FR Doc. 96–3078 Filed 2–12–96; 8:45 am] (recordkeeping, reporting, etc.) injection is amended in paragraph (c) by BILLING CODE 4160±01±F requirements if the agency has failed to removing ‘‘000033’’ and adding in its obtain OMB approval of the place ‘‘000856’’. requirement. When OMB approves § 522.2012 [Amended] DEPARTMENT OF LABOR collection of information requirements, it issues a ‘‘control number’’ for the 23. Section 522.2012 Prostalene Occupational Safety and Health collection of information provision. All solution is amended in paragraph (b) by Administration agencies are required to display [show removing ‘‘000033’’ and adding in its to the public] the OMB control numbers place ‘‘000856’’. 29 CFR Parts 1910, 1915, 1917, 1918, so the public will know that OMB has 1919, 1926, and 1928 § 522.2120 [Amended] given the agency approval to require the Office of Management and Budget information [report, record, 24. Section 522.2120 Spectinomycin documentation, form, etc.] to be injection is amended in paragraph (b) by Control Numbers Under the Paperwork Reduction Act collected. In the past, OSHA has removing ‘‘000033’’ and adding in its displayed the OMB control number by place ‘‘000856’’. AGENCY: Occupational Safety and Health printing it at the end of each section or § 522.2610 [Amended] Administration, Labor. subpart in which the requirement to ACTION: Final rule. collect information appeared. However, 25. Section 522.2610 Trimethoprim to enable the public easily and readily and sulfadiazine sterile suspension is SUMMARY: The Occupational Safety and to identify all of the collection of amended in paragraph (a)(2) and (b)(2) Health Administration (OSHA) is information requirements, OSHA is by removing ‘‘000033’’ and adding in its adding new sections to its Safety and dedicating one section in part 1910 place ‘‘000856’’. Health Regulations for General Industry, (Safety and Health Standards for Construction and Shipyard General Industry), one section in part PART 524ÐOPHTHALMIC AND Employment. These new sections will 1915 (Shipyard Employment TOPICAL DOSAGE FORM NEW be used to consolidate and display all of Standards), and one section in part 1926 ANIMAL DRUGS the control numbers assigned by the (Construction Safety and Health 26. The authority citation for 21 CFR Office of Management and Budget Standards) to list those requirements part 524 continues to read as follows: (OMB) for ‘‘approved’’ information and show the OMB control number. As collection requirements. OSHA is also a result of this new format, the Authority: Sec. 512 of the Federal Food, identifying information collection parenthetical notes and approval/ Drug, and Cosmetic Act (21 U.S.C. 360b). requirements found in certain of its control numbers now printed at the end other regulations and displaying the of the individual sections or subparts § 524.660a [Amended] OMB control number at the end of each can be removed. This procedure is not 27. Section 524.660a Dimethyl section containing a collection of being used for collections of information sulfoxide solution is amended in information. None of the requirements in 29 CFR Parts 1917, 1918, 1919, and paragraph (b) by removing ‘‘000033’’ are new; they have been promulgated by 1928 because there are only one, two, or and adding in its place ‘‘000856’’. OSHA at various times over the past 25 three collection of information 5508 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations requirements in each of these parts and 655, 657), section 107 of the Contract OMB con- it would serve no useful purpose to Work Hours and Safety Standards Act 29 CFR citation trol No. dedicate a specific section for such a (40 U.S.C. 333), Sec. 41 of the Longshore small number. In these CFR parts, and Harbor Workers’ Compensation Act 1910.268 ...... 1218±0210 OSHA will continue to display the OMB (33 U.S.C. 941), Secretary of Labor’s 1910.269 ...... 1218±0190 1910.272 ...... 1218±0206 control number at the end of the section Order No. 1–90 (55 FR 9033), and 29 1910.420 ...... 1218±0069 which contains the information CFR Part 1911, 29 CFR Parts 1910, 1915, 1910.421 ...... 1218±0069 collection requirement. 1917, 1918, 1919, 1926, and 1928 are 1910.423 ...... 1218±0069 None of the specific requirements to amended as set forth below. 1910.430 ...... 1218±0069 collect and provide information is new. 1910.440 ...... 1218±0069 The control numbers listed in this PART 1910Ð[AMENDED] 1910.1001 ...... 1218±0133 1910.1003 ...... 1218±0085 document were assigned previously by 1. The authority citation for Subpart OMB; but not necessarily published in 1910.1004 ...... 1218±0084 A of part 1910 is revised to read as 1910.1006 ...... 1218±0086 the regulations. This document makes follows: 1910.1007 ...... 1218±0083 no substantive change to the current 1910.1008 ...... 1218±0087 Authority: Secs. 4, 6, 8 of the Occupational OMB information collection budget or 1910.1009 ...... 1218±0089 Safety and Health Act of 1970 (29 U.S.C. 653, 1910.1010 ...... 1218±0082 to any regulatory provision. 655, 657); Secretary of Labor’s Order No. 12– 1910.1011 ...... 1218±0090 71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 II. Exemption From Notice and 1910.1012 ...... 1218±0080 (48 FR 35736) or 1–90 (55 FR 9033), as Comment Procedures 1910.1013 ...... 1218±0079 applicable. 1910.1014 ...... 1218±0088 With regard to this action, OSHA has Sections 1910.7 and 1910.8 also issued 1910.1015 ...... 1218±0044 under 29 CFR part 1911. determined that it is not necessary to 1910.1016 ...... 1218±0081 provide for public notice and comment 2. Subpart A of part 1910 is amended 1910.1017 ...... 1218±0010 under either section 4 of the by adding a new § 1910.8 to read as 1910.1018 ...... 1218±0104 Administrative Procedures Act (5 U.S.C. follows: 1910.1025 ...... 1218±0092 553) or under section 6(b) of the 1910.1027 ...... 1218±0185 Occupational Safety and Health Act (29 § 1910.8 OMB control numbers under the 1910.1028 ...... 1218±0129 U.S.C. 655(b)). This action does not Paperwork Reduction Act 1910.1029 ...... 1218±0128 affect the substantive requirements or The following sections or paragraphs 1910.1030 ...... 1218±0180 each contain a collection of information 1910.1043 ...... 1218±0061 coverage of the standards themselves. 1910.1044 ...... 1218±0101 Furthermore, this document does not requirement which has been approved 1910.1045 ...... 1218±0126 modify or revoke existing rights or by the Office of Management and 1910.1047 ...... 1218±0108 obligations, nor does it establish new Budget under the control number listed. 1910.1048 ...... 1218±0145 ones. With this action, the Agency is 1910.1050 ...... 1218±0184 only providing information. OSHA, OMB con- 1910.1200 ...... 1218±0072 29 CFR citation trol No. therefore, finds that notice and public 1910.1450 ...... 1218±0131 procedure are impracticable and 1910.7 ...... 1218±0147 unnecessary within the meaning of 5 1910.20 ...... 1218±0065 §§ 1910.7, 1910.20, 1910.66, 1910.95, U.S.C. 553(b)(3)(B). For the same 1910.23 ...... 1218±0199 1910.96, 1910.134, 1910.142, 1910.145, reasons, OSHA also finds that, in 1910.66 ...... 1218±0121 1910.147, 1910.156, 1910.217, 1910.272, accordance with 29 CFR 1911.5, good 1910.67(b) ...... 1218±0210 1910.420, 1910.421, 1910.423, 1910.430, 1910.440, 1910.1001, 1910.1003, 1910.1004, cause exists for dispensing with the 1910.68 ...... 1218±0210 1910.95 ...... 1218±0048 1910.1006±1910.1018, 1910.1025, public notice and comment procedures 1910.96 ...... 1218±0103 1910.1027±1910.1030, 1910.1043±1910.1045, prescribed in section 6(b) of the 1910.106(b) ...... 1218±0210 1910.1047, 1910.1048, 1910.1050, 1910.1200 Occupational Safety and Health Act. 1910.111 ...... 1218±0208 and 1910.1450 [Amended] III. Exemption From Delayed Effective 1910.119 ...... 1218±0200 3. Remove the parenthetical note 1910.120 ...... 1218±0202 Date Requirement relating to the OMB control number that 1910.132 ...... 1218±0205 appears at the end of each of the Under 5 U.S.C. 553, OSHA finds that 1910.134 ...... 1218±0099 following sections: 1910.7; 1910.20; there is good cause for making this 1910.142 ...... 1218±0096 1910.145 ...... 1218±0132 1910.66; 1910.95; 1910.96; 1910.134; document effective upon publication in 1910.142; 1910.145; 1910.147; 1910.156; the Federal Register. This display of 1910.146 ...... 1218±0203 1910.147 ...... 1218±0150 1910.217; 1910.272; 1910.420; 1910.421; control numbers simply provides 1910.156 ...... 1218±0075 1910.423; 1910.430; 1910.440; additional information on the existing 1910.157(e)(3) ...... 1218±0210 1910.1001; 1910.1003; 1910.1004; regulatory burden without increasing 1910.157(f)(16) ...... 1218±0210 1910.1006 through 1910.1018; that burden. 1910.177(d)(3)(iv) ...... 1218±0210 1910.1025; 1910.1027 through 1910.179(j)(2)(iii) and (iv) ...... 1218±0210 1910.1030; 1910.1043 through List of Subjects in 29 CFR Parts 1910, 1910.179(m)(1) and (m)(2) ...... 1218±0210 1915, 1917, 1918, 1919, 1926, and 1928 1910.180(d)(6) ...... 1218±0210 1910.1045; 1910.1047; 1910.1048; 1910.1050; 1910.1200; 1910.1450. Reporting and recordkeeping 1910.180(g)(1) and (g)(2)(ii) ...... 1218±0210 requirements. 1910.181(g)(1) and (g)(3) ...... 1218±0210 1910.184(e)(4), (f)(4) and PART 1915Ð[AMENDED] Signed at Washington, DC this 8th day of (i)(8)(ii) ...... 1218±0210 4. The authority citation for part 1915 February 1996. 1910.217(e)(1)(i) and (ii) ...... 1218±0210 continues to read in part as follows: Joseph A. Dear, 1910.217(g) ...... 1218±0070 Assistant Secretary of Labor. 1910.217(h) ...... 1218±0143 Authority: Sec. 41, Longshore and Harbor 1910.218(a)(2)(i) and (ii) ...... 1218±0210 Workers’ Compensation Act (33 U.S.C. 941); Accordingly, pursuant to sections 4, 1910.252(a)(2)(xiii)(c) ...... 1218±0207 Secs. 4, 6, 8, Occupational Safety and Health 6(b) and 8(g) of the Occupational Safety 1910.255(e) ...... 1218±0210 Act of 1970 (29 U.S.C. 653, 655, 657); and Health Act of 1970 (29 U.S.C. 653, 1910.266 ...... 1218±0198 Secretary of Labor’s Order No. 12–71 (36 FR Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5509

8754), 8–76 (41 FR 25059), 9–83 (48 FR Secs. 4, 6, 8, Occupational Safety and Health Office of Management and Budget under 35736) or 1–90 (55 FR 9033), as applicable; Act of 1970 (29 U.S.C. 653, 655, 657); OMB Control No. 1218–0003.) 29 CFR part 1911. Secretary of Labor’s Order No. 12–71 (36 FR § 1919.51 [Amended] * * * * * 8754), 8–76 (41 FR 25059), 9–83 (48 FR 5. Part 1915 is amended by adding a 35736) or 1–90 (55 FR 9033), as applicable; 15. Add a parenthetical note at the new § 1915.8 to Subpart A to read as 29 CFR part 1911. end of § 1919.51 to read as follows: follows: * * * * * (Section 1919.51 contains a collection of § 1917.28 [Amended] information which has been approved by the § 1915.8 OMB control numbers under the Office of Management and Budget under Paperwork Reduction Act 8. Add a parenthetical note at the end OMB Control No. 1218–0003) The following sections or paragraphs of § 1917.28 to read as follows: § 1919.90 [Amended] contain a collection of information (Section 1917.28 contains a collection of requirement which has been approved information which has been approved by the 16. Add a parenthetical note at the by the Office of Management and Office of Management and Budget under end of § 1919.90 to read as follows: OMB Control No. 1218–0072.) Budget under the control number listed. (Section 1919.90 contains a collection of § 1917.50 [Amended] information which has been approved by the 29 CFR citation OMB con- Office of Management and Budget under trol No. 9. Revise the parenthetical note at the OMB Control No. 1218–0003) end of § 1917.50 to read as follows: 1915.11Ð1915.16 ...... 1218±0011 (Section 1917.50 contains a collection of PART 1926Ð[AMENDED] 1915.113 ...... 1218±0210 information which has been approved by the 1915.152 ...... 1218±0099 Office of Management and Budget under 17. The authority citation for subpart 1915.172 ...... 1218±0210 OMB Control No. 1218–0003) A of part 1926 is revised to read as 1915.1001 ...... 1218±0195 follows: 1915.1003 ...... 1218±0085 §§ 1917.23, 1917.24, 1917.25, and 1917.116 1915.1004 ...... 1218±0084 [Amended] Authority: Sec. 107, Contract Work Hours and Safety Standards Act (Construction 1915.1006 ...... 1218±0086 10. Remove the parenthetical note 1915.1007 ...... 1218±0083 Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8. 1915.1008 ...... 1218±0087 relating to the OMB control number that Occupational Safety and Health Act of 1970 1915.1009 ...... 1218±0089 appears at the end of the following (29 U.S.C. 653, 655, 657); Secretary of Labor’s 1915.1010 ...... 1218±0082 sections: 1917.23; 1917.24; 1917.25; and Order No. 12–71 (36 FR 8754), 8–76 (41 FR 1915.1011 ...... 1218±0090 1917.116. 25059), 9–83 (48 FR 35736), of 1–90 (55 FR 1915.1012 ...... 1218±0080 9033), as applicable; 29 CFR part 1911. 1915.1013 ...... 1218±0079 PART 1918Ð[AMENDED] 18. Part 1926 is amended by adding 1915.1014 ...... 1218±0088 a new § 1926.5 to read as follows: 1915.1015 ...... 1218±0044 11. The general authority citation for 1915.1016 ...... 1218±0081 part 1918 is revised to read as follows: § 1926.5 OMB control numbers under the 1915.1017 ...... 1218±0010 Authority: Sec. 41, Longshore and Harbor Paperwork Reduction Act. 1915.1018 ...... 1218±0104 Workers’ Compensation Act (33 U.S.C. 941); The following sections or paragraphs 1915.1025 ...... 1218±0092 Secs. 4, 6, 8, Occupational Safety and Health each contain a collection of information 1915.1027 ...... 1218±0185 Act of 1970 (29 U.S.C. 653, 655, 657); 1915.1028 ...... 1218±0129 Secretary of Labor’s Order No. 12–71 (36 FR requirement which has been approved 1915.1030 ...... 1218±0180 8754), 8–76 (41 FR 25059), 9–83 (48 FR by the Office of Management and 1915.1044 ...... 1218±0101 35736) or 1–90 (55 FR 9033), as applicable; Budget under the control number listed. 1915.1045 ...... 1218±0126 29 CFR part 1911. 1915.1047 ...... 1218±0108 * * * * * 29 CFR citation OMB con- 1915.1048 ...... 1218±0145 trol No. 1915.1050 ...... 1218±0184 § 1918.90 [Amended] 1926.33 ...... 1218±0065 1915.1120 ...... 1218±0065 12. Add a parenthetical note at the 1915.1200 ...... 1218±0072 1926.50 ...... 1218±0093 1915.1450 ...... 1218±0131 end of § 1918.90 to read as follows: 1926.52 ...... 1218±0048 (Section 1918.90 contains a collection of 1926.53 ...... 1218±0103 information which has been approved by the 1926.59 ...... 1218±0072 §§ 1915.1001, 1915.1003, 1915.1004, 1926.60 ...... 1218±0183 1915.1006±1915.1018, 1915.1025, 1915.1028, Office of Management and Budget under OMB Control No. 1218–0072) 1926.62 ...... 1218±0189 1915.1030, 1915.1044, 1915.1045, 1915.1047, 1926.64 ...... 1218±0200 1915.1048, 1915.1050, 1915.1120 and PART 1919Ð[AMENDED] 1926.65 ...... 1218±0202 1915.1450 [Amended] 1926.103 ...... 1218±0099 6. Remove the parenthetical note 13. The authority citation for part 1926.152 ...... 1218±0210 relating to the OMB control number that 1919 is revised to read as follows: 1926.200 ...... 1218±0132 1926.250 ...... 1218±0093 appears at the end of the following Authority: Sec. 41, Longshore and Harbor 1926.251 ...... 1218±0210 sections: 1915.1001, 1915.1003, Workers’ Compensation Act (33 U.S.C. 941); 1926.403 ...... 1218±0130 1915.1004, 1915.1006 through Secs. 4, 6, 8, Occupational Safety and Health 1926.404 ...... 1218±0130 1915.1018, 1915.1025, 1915.1028, Act of 1970 (29 U.S.C. 653, 655, 657); 1926.405 ...... 1218±0130 Secretary of Labor’s Order No. 12–71 (36 FR 1915.1030, 1915.1044, 1915.1045, 1926.407 ...... 1218±0130 8754), 8–76 (41 FR 25059), 9–83 (48 FR 1915.1047, 1915.1048, 1915.1050, 1926.408 ...... 1218±0130 35736) or 1–90 (55 FR 9033), as applicable; 1915.1120, and 1915.1450. 1926.502 ...... 1218±0197 29 CFR part 1911. 1926.503 ...... 1218±0197 PART 1917Ð[AMENDED] § 1919.3 [Amended] 1926.550(a)(1) ...... 1218±0115 7. The authority citation for part 1917 14. Add a parenthetical note at the 1926.550(a)(6) ...... 1218±0113 1926.550(a)(11) ...... 1218±0054 continues to read in part as follows: end of § 1919.3 to read as follows: 1926.550(b)(2) ...... 1218±0210 Authority: Sec. 41, Longshore and Harbor (Section 1919.3 contains a collection of 1926.550(g) ...... 1218±0151 Workers’ Compensation Act (33 U.S.C. 941); information which has been approved by the 1926.552 ...... 1218±0210 5510 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

OMB con- 25059), 9–83 (48 FR 35736) or 1–90 (55 FR base upon which interest accrues during 29 CFR citation trol No. 9033), as applicable; 29 CFR part 1911. the second extended maturity period at * * * * * the applicable guaranteed minimum 1926.652 ...... 1218±0137 investment yield for that period. The 1926.703 ...... 1218±0095 § 1928.21 [Amended] resulting semiannual values are then 1926.800 ...... 1218±0067 21. Add a parenthetical note at the compared with the corresponding 1926.803 ...... 1218±0067 end of § 1928.21 to read as follows. 1926.900 ...... 1218±0210 values determined using the applicable 1926.903 ...... 1218±0210 (Section 1928.21 contains a collection of market-based variable investment 1926.1001 ...... 1218±0210 information which has been approved by the yields. 1926.1002 ...... 1218±0210 Office of Management and Budget under * * * * * 1926.1080 ...... 1218±0069 OMB Control No. 1218–0072) BILLING CODE 1505±01±D±M 1926.1081 ...... 1218±0069 [FR Doc. 96–3118 Filed 2–12–96; 8:45 am] 1926.1083 ...... 1218±0069 1926.1090 ...... 1218±0069 BILLING CODE 4510±26±P 1926.1091 ...... 1218±0069 DEPARTMENT OF DEFENSE 1926.1101 ...... 1218±0133 1926.1103 ...... 1218±0085 DEPARTMENT OF THE TREASURY Office of the Secretary 1926.1104 ...... 1218±0084 1926.1106 ...... 1218±0086 Fiscal Service 32 CFR Part 290 1926.1107 ...... 1218±0083 [DCAA Regulation 5410.8] 1926.1108 ...... 1218±0087 31 CFR Part 351 1926.1109 ...... 1218±0089 Defense Contract Audit Agency 1926.1110 ...... 1218±0082 Offering of United States Savings (DCAA), Freedom of Information Act 1926.1111 ...... 1218±0090 Bonds, Series EE Program 1926.1112 ...... 1218±0080 1926.1113 ...... 1218±0079 CFR Correction AGENCY: Office of the Secretary, DOD. 1926.1114 ...... 1218±0088 In Title 31 of the Code of Federal ACTION: Final rule. 1926.1115 ...... 1218±0044 Regulations, parts 200 to end, revised as 1926.1116 ...... 1218±0081 SUMMARY: This amendment removes of July 1, 1995, page 272, the text of 1926.1117 ...... 1218±0010 reference to the availability of the § 351.2(g)(3)(i) is corrected to read: 1926.1118 ...... 1218±0104 Contractor Alpha Listing from DCAA. 1926.1127 ...... 1218±0186 § 351.2 Description of bonds. This record is now available from the 1926.1128 ...... 1218±0129 Defense Technical Information Center 1926.1129 ...... 1218±0128 * * * * * 1926.1144 ...... 1218±0101 (g) * * * (DTIC), as the Directory of Federal 1926.1145 ...... 1218±0126 (3) * * * Contractors because it is no longer 1926.1147 ...... 1218±0108 (i) Guaranteed minimum investment available from DCAA. 1926.1148 ...... 1218±0145 yield and resulting values during an EFFECTIVE DATE: February 13, 1996. extended maturity period. A bond may FOR FURTHER INFORMATION CONTACT: §§ 1926.33, 1926.50, 1926.53, 1926.60, be subject to one guaranteed minimum Mr. Dave Henshall, DCAA Information 1926.62, 1926.65, 1926.98, 1926.103, investment yield during its original and Privacy Advisor, ATTN: CMR, 1926.250, 1926.403±1926.405, 1926.407, maturity period and to another such Defense Contract Audit Agency, 8725 1926.408, 1926.550, 1926.703, 1926.800, yield during each of its extended John J. Kingman Road, Suite 2135, Fort 1926.803, 1926.1080, 1926.1081, 1926.1083, maturity periods. Bonds that entered an Belvoir, VA 22060–6219, Telephone: 1926.1090, 1926.1091, 1926.1101, 1926.1103, extended maturity period from May 1, (703) 767–1244. 1926.1104, 1926.1106±1926.1118, 1926.1127, 1989, through February 1, 1993, have a 1926.1128, 1926.1129, 1926.1144, 1926.1145, SUPPLEMENTARY INFORMATION: The 1926.1147, and 1926.1148 [Amended] guaranteed minimum investment yield Directory of Federal Contractors is of 6 percent per annum, compounded identified as a ‘‘document’’ and is 19. Remove the parenthetical notes semiannually, during that extended relating to the OMB control number that available in disk form (ADM000491) or maturity period. Bonds that entered or hard copy format (ADA286830). appear at the end of the following enter an extended maturity period on or sections: 1926.33, 1926.50, 1926.53, Interested requesters should contact the after March 1, 1993, have a guaranteed DTIC Registration Branch, (703) 767– 1926.60, 1926.62, 1926.65, 1926.98, minimum investment yield of 4 percent 1926.103, 1926.250, 1926.403 through 8238, if not registered as a DTIC per annum, compounded semiannually, customer, or the DTIC Reference 1926.405, 1926.407, 1926.408, 1926.550, during that extended maturity period, or 1926.703, 1926.800, 1926.803, Branch, (703) 767–8274, if already a the guaranteed minimum investment registered customer. 1926.1080, 1926.1081, 1926.1083, yield in effect at the beginning of that 1926.1090, 1926.1091, 1926.1101, period. In order to determine values for List of Subjects in 32 CFR Part 290 1926.1103, 1926.1104, 1926.1106 a bond during its first extended maturity Freedom of Information. through 1926.1118, 1926.1127, period, the value of the bond at the end Accordingly 32 CFR Part 290 is 1926.1128, 1926.1129, 1926.1144, of its original maturity period is amended as follows: 1926.1145, 1926.1147, and 1926.1148. determined using the guaranteed PART 290Ð[AMENDED] PART 1928Ð[AMENDED] minimum investment yield applicable to that period. This value is then used 1. The authority citation for Part 290 20. The authority citation for part as the base upon which interest accrues continues to read as follows: 1928 continues to read in part as during the first extended maturity follows: period at the applicable guaranteed Authority: 5 U.S.C. 552. Authority: Secs. 6 and 8 of the minimum investment yield for that Appendix B to Part 290 [Amended] Occupational Safety and Health Act of 1970 period. The value thus attained at first (29 U.S.C. 653, 655, 657); Secretary of Labor’s extended maturity (10 years after Appendix B to Part 290 is amended Order No. 12–71 (36 FR 8754), 8–76 (41 FR original maturity) is then used as the under the heading VIRGINIA, by Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5511 removing paragraph (a)(1)(i) and timely notice will appear in the Federal November 4, December 2, and December redesignating paragraphs (a)(1)(ii) and Register. 16, 1994, in Chicago, Illinois; on April (a)(1)(iii) as (a)(1)(i) and (a)(1)(ii). ADDRESSES: Copies of the revision 20, 1995, the Board adopted a Final L.M. Bynum, request and USEPA’s analysis Opinion and Order for the proposed Alternate OSD Federal Register Liaison (Technical Support Document) are amendment. The rule became effective Officer, Department of Defense. available for inspection at the following on May 9, 1995; it was published in the [FR Doc. 96–3081 Filed 2–12–96; 8:45 am] address: Illinois State Register on May 19, 1995. BILLING CODE 5000±04±M U.S. Environmental Protection Agency, The IEPA formally submitted the Region 5, Air and Radiation Division, 77 coating rule to USEPA on May 5, 1995, West Jackson Boulevard, Chicago, Illinois and May 26, 1995, as a revision to the ENVIRONMENTAL PROTECTION 60604. (It is recommended that you Illinois SIP for ozone. USEPA made a AGENCY telephone Mark J. Palermo at (312) 886– finding of completeness in a letter dated 6082 before visiting the Region 5 Office.) July 13, 1995. 40 CFR Part 52 Written comments should be sent to: II. Analysis of State Submittal [IL106±1±6707a; FRL±5411±3] J. Elmer Bortzer, Chief, Regulation Development Section, Regulation The May 5, 1995, and May 26, 1995, Development Branch (AR–18J), U.S. submittals include the following new or Approval and Promulgation of revised rules: Implementation Plans; Illinois Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Part 218: Organic Material Emission AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Standards and Limitations for the Agency. Mark J. Palermo at (312) 886–6082. Chicago Area ACTION: Direct final rule. SUPPLEMENTARY INFORMATION: Subpart F: Coating Operations SUMMARY: On May 5, 1995, and May 26, I. Background 218.204 Emission Limitations 1995, the State of Illinois submitted a On September 9, 1994, the USEPA 218.205 Daily-Weighted Average State Implementation Plan (SIP) approved an Illinois SIP revision which Limitations revision request to the United States was submitted on September 11, 1991, 218.207 Alternative Emission Environmental Protection Agency and March 15, 1993, in order to correct Limitations (USEPA) tightening existing rules for deficiencies in the State’s VOM 218.208 Exemptions From Emission certain surface coating operations, as Reasonably Available Control Limitations part of the State’s 15 percent (%) Rate Technology (RACT) rules. Part of this 218.210 Compliance Schedule of Progress (ROP) plan control measures SIP revision included regulations found 218.212 Cross-line Averaging to for Volatile Organic Matter (VOM) in subpart F of Parts 218 and 219 of the Establish Compliance for Coating emissions. VOM, as defined by the State 35 Illinois Administrative Code (IAC), Lines 218.213 Recordkeeping and Reporting of Illinois, is identical to ‘‘volatile which established State VOM RACT for Cross-line Averaging Participating organic compounds’’ (VOC), as defined requirements for surface coating Coating Lines by USEPA. VOC is one of the air operations in the Chicago and Metro- 218.214 Changing Compliance pollutants which combine on hot East ozone nonattainment areas, and Methods summer days to form ground-level which replaced part of the Chicago 218.App.H Baseline VOM Content ozone, commonly known as smog. Federal Implementation Plan (FIP). Limitations for Subpart F, Section Ozone pollution is of particular concern Section 182(b)(1) of the Clean Air Act 218.212 Cross-Line Averaging because of its harmful effects upon lung (the Act) requires all moderate and tissue and breathing passages. ROP above ozone nonattainment areas to Part 219: Organic Material Emission plans are intended to bring areas which achieve a 15% reduction of 1990 Standards and Limitations for the have been exceeding the public health emissions of VOC (VOM) by 1996. In Metro-East St. Louis Area based Federal ozone air quality standard Illinois, the Chicago area is classified as Subpart F: Coating Operations closer toward the goal of reaching and ‘‘severe’’ nonattainment for ozone, maintaining attainment with this while the Metro-East area is classified as 219.204 Emission Limitations standard. Illinois expects the control ‘‘moderate’’ nonattainment. As such, 219.205 Daily-Weighted Average measures specified in this surface these areas are subject to the 15% ROP Limitations coating SIP revision will reduce VOM requirement. 219.207 Alternative Emission emissions by 10.16 tons per day (TPD) In order to meet this requirement, the Limitations in the Chicago area and 0.39 TPD in the State of Illinois has to adopt and submit 219.208 Exemptions From Emission Metro-East St. Louis area. The tightened as SIP revisions several post-1990 Limitations rules lower the VOM content limit for control measures to meet the 15% VOM 219.210 Compliance Schedule certain types of coatings used by reductions. One of the control measures 219.212 Cross-line Averaging to industries to apply to cans, paper, coil, Illinois has decided to implement is to Establish Compliance for Coating fabric, vinyl, metal furniture, large tighten existing VOM emission limits Lines appliances, and miscellaneous parts and contained in subpart F of Parts 218 and 219.213 Recordkeeping and Reporting products. Compliance with the rules can 219 for certain surface coating for Cross-line Averaging Participating be met through using compliant operations in the Chicago and Metro- Coating Lines coatings, add-on control equipment, or East ozone nonattainment areas. 219.214 Changing Compliance through a new method known as cross- On September 12, 1994, the Illinois Methods line averaging. Environmental Protection Agency 219.App.H Baseline VOM Content DATES: The ‘‘direct final’’ is effective on (IEPA) filed the proposed revision to the Limitations for Subpart F, Section April 15, 1996, unless USEPA receives surface coating rule with the Illinois 219.212 Cross-line Averaging adverse or critical comments by March Pollution Control Board (Board). A The tightened VOM content limits 14, 1996. If the effective date is delayed, public hearing on the rule was held on established in revisions to sections 218/ 5512 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

219.204 are specified below. The values kg/l lb/gal from meeting VOM content limitations. not marked by an asterisk were the This exemption holds provided that the limits previous to this revision, whereas (B) Baked ...... 0.36 3.0 source-wide volume of such coatings the values marked by an asterisk are the *0.34 *2.8 used does not exceed 0.95 l (1 quart) per new limits. Subject sources will need to (5) Marine engine coat- eight-hour period or 209 l/yr (55 gal/yr) meet these new limits beginning March ing: for any rolling twelve month period. (A) Air Dried ...... 0.42 3.5 15, 1996, while the limits not marked by *0.42 *3.5 The surface coating rule defines touch- an asterisk must be met until March 15, (B) Baked: up and repair coatings as any coating 1996. The limits are expressed in units (i) Primer/Topcoat .. 0.42 3.5 used to cover minor scratches and nicks of VOM per volume of coating (minus *0.42 *3.5 that occur during manufacturing and water and any compounds which are (ii) Corrosion resist- assembly processes. specifically exempted from the ant basecoat ...... 0.42 3.5 In addition to meeting these control definition of VOM). *0.28 *2.3 requirements, sources will have to meet (C) Clear Coating ...... 0.52 4.3 applicable provisions for coating *0.52 *4.3 kg/l lb/gal analysis and capture efficiency and (6) Metallic Coating: (A) Air Dried ...... 0.42 3.5 control device efficiency test methods Can Coating *0.42 *3.5 under sections 218/219.105, as well as (1) Sheet basecoat and (B) Baked ...... 0.36 3.0 applicable recordkeeping and recording overvarnish: *0.36 *3.0 requirements under sections 218/ (A) Sheet basecoat ... 0.34 2.8 *0.26 *2.2 219.211. Also included in sections 218/ (B) Overvarnish ...... 0.34 2.8 A coating line can comply with the 219.105 are monitoring requirements for *0.34 *2.8 rule through (a) the use of coatings sources using add-on control (2) Exterior basecoat which meet the applicable VOM content equipment. Sections 218/219.105 and and overvarnish ...... 0.34 2.8 limits specified in the rule; (b) 218/219.211 were approved and *0.25 *2.1 demonstration that the daily-weighted incorporated in the Illinois SIP on (3) Interior body spray average VOM content of all coatings September 9, 1994 (See 59 FR at 46562). coat: used on the coating line meet the VOM Finally, 218/219.213 has been added to (A) Two Piece ...... 0.51 4.2 content limit for those coatings; (c) use *0.44 *3.7 provide additional recordkeeping and (B) Three Piece ...... 0.51 4.2 of a capture system and control device recording requirements for sources *0.51 *4.2 which either reduces the overall complying with the rule through cross- (4) Exterior end coat ..... 0.51 4.2 emissions of VOM from the coating line line averaging. *0.51 *4.2 by 81 percent, or achieves VOM III. Final Rulemaking Action (5) Side seam spray emission reduction greater than or equal coat ...... 0.66 5.5 to that which could be achieved through The USEPA has undertaken its *0.66 *5.5 meeting applicable VOM content limits, analysis of the SIP revision request, and (6) End sealing or (d) through cross-line averaging. is approving this SIP revision because it compound coat ...... 0.44 3.7 Cross-line averaging is a new method tightens the stringency of the Illinois *0.44 *3.7 SIP. Although the SIP revision does add Paper Coating ...... 0.35 2.9 established by this rule as an alternative *0.28 *2.3 to complying with the tightened VOM an exemption for touch-up and repair Coil Coating ...... 0.31 2.6 content limits. For those sources coatings from control requirements, this *0.20 *1.7 operating coating lines which were in type of exemption is acceptable under Fabric Coating ...... 0.35 2.9 existence prior to January 1, 1991, but USEPA VOC policy. The surface coating *0.28 *2.3 have been replaced with lines using a rule contains all the appropriate test Vinyl Coating ...... 0.45 3.8 lower VOM coating for the same methods and recordkeeping/recording *0.28 *2.3 purpose as the pre-existing lines, cross- requirements necessary to be an Metal furniture coating: line averaging can be used to take VOM enforceable SIP. (1) Air dried ...... 0.36 3.0 The USEPA is publishing this action *0.34 *2.8 reduction credit for such operational (2) Baked ...... 0.36 3.0 changes in order to offset those pre- without prior proposal because USEPA *0.28 *2.3 existing lines which cannot, for one views this action as a noncontroversial Large appliance coating: reason or another, meet the tightened revision and anticipates no adverse (1) Air dried ...... 0.34 2.8 emission limitations. Sources using comments. However, USEPA is *0.34 *2.8 cross-line averaging must demonstrate publishing a separate document in this (2) Baked ...... 0.34 2.8 that the calculated actual daily VOM Federal Register publication, which *0.28 *2.3 emissions from all participating coating constitutes a ‘‘proposed approval’’ of the Miscellaneous metal lines are less than the calculated daily requested SIP revision and clarifies that parts and products the rulemaking will not be deemed final coating: allowable VOM emissions from the (1) Clear coating ...... 0.52 4.3 same group of coating lines. Use of if timely adverse or critical comments *0.52 *4.3 cross-line averaging is for complying are filed. The ‘‘direct final’’ approval (2) Extreme perform- with tightened VOM content limits shall be effective on April 15, 1996, ance coating: only; VOM content limits established in unless USEPA receives adverse or (A) Air dried ...... 0.42 3.5 the surface coating rule prior to this critical comments by March 14, 1996. If *0.42 *3.5 revision must still be met by all USEPA receives comments adverse to or (B) Baked ...... 0.42 3.5 applicable coating lines. critical of the approval discussed above, *0.40 *3.3 Also established in this rule revision USEPA will withdraw this approval (3) Steel pail and drum interior coating ...... 0.52 4.3 is an exemption for ‘‘touch-up and before its effective date by publishing a *0.52 *4.3 repair coatings’’ used by can, coil, vinyl, subsequent Federal Register document (4) All other coatings: metal furniture, magnet wire, which withdraws this final action. All (A) Air dried ...... 0.42 3.5 miscellaneous metal parts and products, public comments received will then be *0.40 *3.3 and plastic parts coating operations addressed in a subsequent rulemaking Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5513 document. Any parties interested in rule, the USEPA is not required to PART 52Ð[AMENDED] commenting on this action should do so develop a plan with regard to small at this time. If no such comments are governments. This rule only approves 1. The authority citation for part 52 received, USEPA hereby advises the the incorporation of existing state rules continues to read as follows: public that this action will be effective into the SIP. It imposes no additional Authority: 42 U.S.C. 7401–7671q. on April 15, 1996. requirements. This action has been classified as a Under the Regulatory Flexibility Act, Subpart OÐIllinois Table 3 action for signature by the 5 U.S.C. 600 et seq., USEPA must 2. Section 52.720 is amended by Regional Administrator under the prepare a regulatory flexibility analysis adding paragraph (c)(119) to read as procedures published in the Federal assessing the impact of any proposed or follows: Register on January 19, 1989 (54 FR final rule on small entities. (5 U.S.C. 603 2214–2225), as revised by a July 10, and 604.) Alternatively, USEPA may § 52.720 Identification of plan. 1995, memorandum from Mary D. certify that the rule will not have a * * * * * Nichols, Assistant Administrator for Air significant impact on a substantial (c) * * * and Radiation. The Office of number of small entities. Small entities (119) On May 5, 1995, and May 26, Management and Budget (OMB) has include small businesses, small not-for- 1995, the State submitted a revised rule exempted this regulatory action from profit enterprises, and government tightening volatile organic compound Executive Order 12866 review. entities with jurisdiction over emission limitations for certain surface Nothing in this action should be populations of less than 50,000. coating operations in the Chicago and construed as permitting, allowing or SIP approvals under section 110 and Metro-East St. Louis areas. establishing a precedent for any future subchapter I, part D of the Clean Air Act (i) Incorporation by reference. Illinois request for revision to any SIP. USEPA Administrative Code, Title 35: shall consider each request for revision do not create any new requirements, but simply approve requirements that the Environmental Protection, Subtitle B: to the SIP in light of specific technical, Air Pollution, Chapter I: Pollution economic, and environmental factors State is already imposing. Therefore, because the Federal SIP-approval does Control Board, Subchapter c: Emissions and in relation to relevant statutory and Standards and Limitations for regulatory requirements. not impose any new requirements, I certify that it does not have a significant Stationary Sources. Section 202 of the Unfunded (A) Part 218: Organic Material Mandates Reform Act of 1995 impact on any small entities affected. Moreover, due to the nature of the Emission Standards and Limitations for (‘‘Unfunded Mandates Act’’) (signed the Chicago Area, Subpart F; Coating into law on March 22, 1995) requires Federal-State relationship under the Act, preparation of a regulatory Operations, Sections 218.204 Emission that the USEPA prepare a budgetary Limitations, 218.205 Daily-Weighted impact statement before promulgating a flexibility analysis would constitute Federal inquiry into the economic Average Limitations, 218.207 rule that includes a Federal mandate Alternative Emission Limitations, that may result in expenditure by State, reasonableness of the State action. The Clean Air Act forbids USEPA to base its 218.208 Exemptions From Emission local, and tribal governments, in Limitations, 218.210 Compliance aggregate, or by the private sector, of actions concerning SIPs on such grounds. Union Electric Co. v. USEPA., Schedule, 218.212 Cross-line Averaging $100 million or more in any one year. to Establish Compliance for Coating Section 203 requires the USEPA to 427 U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2). Lines, 218.213 Recordkeeping and establish a plan for obtaining input from Reporting for Cross-line Averaging Under section 307(b)(1) of the Clean and informing, educating, and advising Participating Coating Lines, 218.214 Air Act, petitions for judicial review of any small governments that may be Changing Compliance Methods, 218 this action must be filed in the United significantly or uniquely affected by the Appendix H Baseline VOM Content States Court of Appeals for the rule. Limitations for Subpart F, Section Under section 205 of the Unfunded appropriate circuit by April 15, 1996. 218.212 Cross-Line Averaging, amended Mandates Act, the USEPA must identify Filing a petition for reconsideration by at 19 Ill. 6848, effective May 9, 1995. and consider a reasonable number of the Administrator of this final rule does (B) Part 219: Organic Material regulatory alternatives before not affect the finality of this rule for the Emissions Standards and Limitations for promulgating a rule for which a purposes of judicial review nor does it the Metro-East Area, Subpart F; Coating budgetary impact statement must be extend the time within which a petition Operations, Sections 219.204 Emission prepared. The USEPA must select from for judicial review may be filed, and Limitations, 219.205 Daily-Weighted those alternatives the least costly, most shall not postpone the effectiveness of Average Limitations, 219.207 cost-effective, or least burdensome such rule or action. This action may not Alternative Emission Limitations, alternative that achieves the objectives be challenged later in proceedings to 219.208 Exemptions From Emission of the rule, unless the USEPA explains enforce its requirements. (See Section Limitations, 219.210 Compliance why this alternative is not selected or 307(b)(2)). Schedule, 219.212 Cross-line Averaging the selection of this alternative is List of Subjects in 40 CFR Part 52 to Establish Compliance for Coating inconsistent with law. Lines, 219.213 Recordkeeping and Because this final rule is estimated to Environmental protection, Air Reporting for Cross-line Averaging result in the expenditure by State, local, pollution control, Incorporation by Participating Coating Lines, 219.214 and tribal governments or the private reference. Changing Compliance Methods, 219 sector of less then $100 million in any Dated: January 12, 1996. Appendix H Baseline VOM Content one year, the USEPA has not prepared Valdas V. Adamkus, Limitations for Subpart F, Section a budgetary impact statement or 219.212 Cross-line Averaging, amended specifically addressed the selection of Regional Administrator. at 19 Ill. Reg. 6958, effective May 9, the least costly, most cost-effective, or For the reasons stated in the 1995. least burdensome alternative. Because preamble, part 52, chapter I, title 40 of small governments will not be the Code of Federal Regulations is [FR Doc. 96–3084 Filed 2–12–96; 8:45 am] significantly or uniquely affected by this amended as follows: BILLING CODE 6560±50±P 5514 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

40 CFR Part 52 Protection Agency, Region 5, Air and Specifically, the State has established Radiation Division, 77 West Jackson the following limits at NR 419.08(2)(a) [WI54±01±7000a; FRL±5416±2] Boulevard, Chicago, Illinois 60604. for the as-applied VOC content of core Approval and Promulgation of State (Please telephone Kathleen D’Agostino and mold coatings: (1) 30%, by weight, Implementation Plan; Wisconsin; Iron at (312) 886–1767 before visiting the including water, for core or mold and Steel Foundries SIP Revision Region 5 Office.) coatings that have an as purchased FOR FURTHER INFORMATION CONTACT: density of 15.0 pounds per gallon or AGENCY: Environmental Protection Kathleen D’Agostino, Environmental greater; and (2) 70%, by weight, Agency (EPA). Engineer, Regulation Development including water, for core or mold ACTION: Direct final rule. Section, Air Toxics and Radiation coatings that have an as-purchased Branch (AT–18J), U.S. Environmental density of less than 15.0 pounds per SUMMARY: The EPA approves a revision gallon. At NR 491.08(2)(b) the regulation to the Wisconsin State Implementation Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886–1767. requires that all core and mold coating Plan (SIP) for ozone that was submitted storage vessels and containers remain by the State of Wisconsin on June 30, SUPPLEMENTARY INFORMATION: Section covered. At NR 419.08(2)(c) the rule 1994, and supplemented on July 15, 182(b) of the Clean Air Act sets forth the requires that VOC emissions from the 1994. This revision consists of a volatile requirements for ozone nonattainment catalysis step in the formation of a organic compound (VOC) regulation areas which have been classified as urethane cold box binder be controlled which establishes reasonably available moderate or above. In Wisconsin, the with an overall efficiency of at least 90 control technology (RACT) for iron and counties of Kewaunee, Manitowoc, and percent. steel foundries. This regulation was Sheboygan and the Milwaukee area A more detailed analysis of the State’s submitted to address, in part, the (including Kenosha, Milwaukee, submittal is contained in technical requirement of section 182(b)(2)(C) of Ozaukee, Racine, Washington, and support documents dated May 1, 1995, the Clean Air Act (CAA or Act) that Waukesha Counties) are classified as and November 8, 1995. In determining States revise their SIPs to establish moderate or above. Section 182(b)(2)(C) the approvability of this VOC rule, EPA RACT regulations for major sources of requires that States submit revisions to evaluated the rule for consistency with VOCs for which the USEPA has not the SIP for major sources of VOCs for Federal requirements, including section issued a control technology guidelines which the EPA has not issued a CTG 110 and part D of the Clean Air Act. The (CTG) document. In addition, emission document. Because the EPA has not EPA has found that this rule meets the reductions resulting from this rule are issued a CTG for iron and steel requirements applicable to ozone and is, being used by the State to fulfill, in part, foundries, the State of Wisconsin therefore, approvable for incorporation the requirement of section 182(b)(1) of developed a non-CTG regulation for this into the State’s ozone SIP. the Act that States submit a plan which category. This regulation was submitted Because the EPA considers this action provides for a 15 percent reduction in to the EPA by the State on June 30, 1994 noncontroversial and routine, we are VOC emissions by 1996. and supplemented on July 15, 1994. approving it without prior proposal. In the proposed rules section of this Additionally, section 182(b)(1)(A) This action will become effective on Federal Register, the EPA is proposing requires those states with ozone April 15, 1996. However, if we receive approval of, and soliciting comments nonattainment areas classified as adverse comments by March 14, 1996, on, this requested SIP revision. If moderate or above to submit plans to EPA will publish a document that adverse comments are received on this reduce VOC emissions by at least 15 withdraws this action. action, the EPA will withdraw this final percent from the 1990 baseline Nothing in this action should be rule and address the comments received emissions. The 1990 baseline, as construed as permitting, allowing or in response to this action in a final rule described by EPA’s emission inventory establishing a precedent for any future on the related proposed rule, which is guidance, is the amount of request for revision to any SIP. The EPA being published in the proposed rules anthropogenic VOC emissions emitted shall consider each request for revision section of this Federal Register. A on a typical summer day. Wisconsin to the SIP in light of specific technical, second public comment period will not submitted its 15 percent plan on June economic, and environmental factors be held. Parties interested in 14, 1995. Included in this plan were and in relation to relevant statutory and commenting on this action should do so reductions generated by the iron and regulatory requirements. at this time. This approval makes steel foundries rule. This action has been classified as a federally enforceable the State’s rule The Wisconsin rule at NR 419.08(1) Table 2 action by the Regional that has been incorporated by reference. applies to the manufacture of cores or Administrator under the procedures DATES: The ‘‘direct final’’ is effective on molds for use at iron or steel foundries published in the Federal Register on April 15, 1996, unless EPA receives at any facility which is: 1) located in the January 19, 1989 (54 FR 2214–2225). adverse or critical comments by March counties of Kenosha, Milwaukee, The Office of Management and Budget 14, 1996. If the effective date is delayed, Ozaukee, Racine, Washington or has exempted these actions from review timely notice will be published in the Waukesha and has maximum theoretical under Executive Order 12866. Federal Register. emissions of VOCs from core and mold Under the Regulatory Flexibility Act, ADDRESSES: Written comments should manufacturing of greater than or equal 5 U.S.C. 600 et seq., EPA must prepare be sent to: Carlton T. Nash, Chief, to 25 tons per year, or 2) is located in a regulatory flexibility analysis Regulation Development Section, Air the counties of Kewaunee, Manitowoc, assessing the impact of any proposed or Toxics and Radiation Branch (AT–18J), or Sheboygan and has maximum final rule on small entities (5 U.S.C. 603 U.S. Environmental Protection Agency, theoretical emissions of VOCs from core and 604). Alternatively, EPA may certify 77 West Jackson Boulevard, Chicago, and mold manufacturing or greater than that the rule will not have a significant Illinois 60604. or equal to 100 tons per year. Sources impact on a substantial number of small Copies of the proposed SIP revision are required to achieve final compliance entities. Small entities include small and EPA’s analysis are available for with this regulation no later than May businesses, small not-for-profit inspection at the U.S. Environmental 31, 1995. enterprises, and government entities Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5515 with jurisdiction over populations of List of Subjects in 40 CFR Part 52 40 CFR Part 52 less than 50,000. Environmental protection, Air [CA 140±5±7275a; FRL±5402±5] This approval does not create any pollution control, Hydrocarbons, new requirements. Therefore, I certify Incorporation by reference, Approval and Promulgation of that this action does not have a Intergovernmental relations, Ozone, Implementation Plans; California State significant impact on any small entities Reporting and recordkeeping Implementation Plan Revision; Kern affected. Moreover, due to the nature of requirements. County Air Pollution Control District; the Federal-State relationship under the Santa Barbara County Air Pollution Dated: January 22, 1996. Act, preparation of the regulatory Control District flexibility analysis would constitute Valdas V. Adamkus, Federal inquiry into the economic Regional Administrator. AGENCY: Environmental Protection reasonableness of the State action. The 40 CFR part 52 is amended as follows: Agency (EPA). Act forbids EPA to base its actions ACTION: Direct final rule. concerning SIPs on such grounds. Subpart YYÐWisconsin SUMMARY: EPA is taking direct final Union Electric Co. v. U.S. EPA, 427 U.S. action on revisions to the California 246, 256–66 (1976). PART 52Ð[AMENDED] State Implementation Plan (SIP). The Under section 202 of the Unfunded 1. The authority citation for part 52 revisions concern rules from the Santa Mandates Reform Act of 1995 continues to read as follows: Barbara County Air Pollution Control (‘‘Unfunded Mandates Act’’), signed Authority: 42 U.S.C. 7401–7671q. District (SBCAPCD) and the Kern into law on March 22, 1995, the EPA County Air Pollution Control District must prepare a budgetary impact 2. Section 52.2570 is amended by (KCAPCD). This approval action will statement to accompany any proposed adding paragraph (c)(88) to read as incorporate these rules into the or final rule that includes a Federal follows: Federally approved SIP. The intended mandate that may result in estimated effect of approving these rules is to § 52.2570 Identification of plan. costs to State, local, or tribal regulate emissions of volatile organic governments in the aggregate, or to the * * * * * compounds (VOCs) in accordance with private sector, of $100 million or more. (c) * * * the requirements of the Clean Air Act, Under section 205, the EPA must select (88) A revision to the ozone State as amended in 1990 (CAA or the Act). the most cost-effective and least Implementation Plan (SIP) was The rules control VOC emissions from burdensome alternative that achieves submitted by the Wisconsin Department organic liquid loading and storage, and the objectives of the rule and is of Natural Resources on June 30, 1994, petroleum sumps, pits, and well cellars. consistent with statutory requirements. and supplemented on July 15, 1994. Thus, EPA is finalizing the approval of Section 203 requires the EPA to This revision consists of volatile organic these rules into the California SIP under establish a plan for informing and compound regulations which establish provisions of the CAA regarding EPA advising any small governments that reasonably available control technology action on SIP submittals, SIPs for may be significantly or uniquely for iron and steel foundries. national primary and secondary ambient impacted by the rule. (i) Incorporation by reference. The air quality standards, and plan The EPA has determined that the following sections of the Wisconsin requirements for nonattainment areas. approval action promulgated today does Administrative Code are incorporated DATES: This action is effective on April not include a Federal mandate that may by reference. 15, 1996 unless adverse or critical result in estimated costs of $100 million (A) NR 419.02(1s), (1t), (1u), (3m) and comments are received by March 14, or more to either State, local, or tribal (6m) as created and published in the 1996. If the effective date is delayed, a governments in the aggregate, or to the (Wisconsin) Register, June, 1994, No. timely notice will be published in the private sector. 462, effective July 1, 1994. Federal Register. This Federal action approves (B) NR 419.08 as created and ADDRESSES: Copies of the rules and preexisting-existing requirements under published in the (Wisconsin) Register, EPA’s evaluation report for each rule are State or local law, and imposes no new June, 1994, No. 462, effective July 1, available for public inspection at EPA’s Federal requirements. Accordingly, no 1994. Region IX office during normal business additional costs to State, local, or tribal [FR Doc. 96–3082 Filed 2–12–96; 8:45 am] hours. Copies of the submitted rules are governments, or the private sector, also available for inspection at the BILLING CODE 6560±50±P result from this action. following locations: Under section 307(b)(1) of the Act, Environmental Protection Agency, Air petitions for judicial review of this 40 CFR Part 52 Docket (6102), 401 ‘‘M’’ Street, S.W., action must be filed in the United States Washington, D.C. 20460. Court of Appeals for the appropriate Approval and Promulgation of Air California Air Resources Board, circuit by April 15, 1996. Filing a Quality Implementation Plans; Stationary Source Division, Rule petition for reconsideration by the Pennsylvania; SO2: Conewango Evaluation Section, 2020 ‘‘L’’ Street, Administrator of this final rule does not Township, Warren County Sacramento, CA 95812. affect the finality of this rule for the Implementation Plan Kern County Air Pollution Control purposes of judicial review, nor does it District, 2700 M Street, Suite 290, CFR Correction extend the time within which a petition Bakersfield, CA 93301. for judicial review may be filed and In Title 40 of the Code of Federal Santa Barbara County Air Pollution shall not postpone the effectiveness of Regulations, part 52, revised as of July Control District, 26 Castilian Drive, B– such rule or action. This action may not 1, 1995, § 52.2020 paragraph (c)(93) 23, Goleta, CA 93117. be challenged later in proceedings to appearing on page 814 should be FOR FURTHER INFORMATION CONTACT: Mae enforce its requirements (see section removed and reserved. Wang, Rulemaking Section (A–5–3), Air 307(b)(2)). BILLING CODE 1505±01±D±M and Toxics Division, U.S. 5516 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

Environmental Protection Agency, to adopt and correct RACT rules Rule 411 controls VOCs from organic Region IX, 75 Hawthorne Street, San pursuant to pre-amended section 172(b) liquid storage tanks, and Rule 413 Francisco, CA 94105, Telephone: (415) as interpreted in EPA’s pre-amendment controls VOCs during organic liquid 744–1200. guidance.3 EPA’s SIP-Call used that loading operations. VOCs contribute to guidance to indicate the necessary the production of ground level ozone SUPPLEMENTARY INFORMATION: corrections for specific nonattainment and smog. These rules were originally Applicability areas. The South Central Coast Air Basin adopted as part of district efforts to The rules being approved into the is classified as moderate; therefore, this achieve the National Ambient Air California SIP include: SBCAPCD Rule area was subject to the RACT fix-up Quality Standard for ozone and in 344, Petroleum Sumps, Pits, and Well requirement and the May 15, 1991 response to EPA’s SIP-Call. The Cellars; KCAPCD Rule 411, Storage of deadline. All of Kern County is following is EPA’s evaluation and direct Organic Liquids; and KCAPCD Rule classified as serious. However, the final action for these rules. Southeast Desert Air Basin portion of 413, Organic Liquid Loading. EPA Evaluation Kern County was not a pre-amendment Background nonattainment area and, therefore, was In determining the approvability of a On March 3, 1978, EPA promulgated not designated and classified upon VOC rule, EPA must evaluate the rule a list of ozone nonattainment areas enactment of the amended Act. For this for consistency with the requirements of under the provisions of the Clean Air reason, KCAPCD is not subject to the the CAA and EPA regulations, as found Act, as amended in 1977 (1977 Act or section 182(a)(2)(A) RACT fix-up in section 110 and part D of the CAA pre-amended Act), that included the requirement. The KCAPCD is, however, and 40 CFR part 51 (Requirements for South Central Coast Air Basin and the still subject to the requirements of EPA’s Preparation, Adoption, and Submittal of San Joaquin Valley Air Basin.1 43 FR SIP-Call because the SIP-Call included Implementation Plans). The EPA 8964, 40 CFR 81.305. The South Central all of Kern County.4 The substantive interpretation of these requirements, Coast Air Basin and the San Joaquin requirements of the SIP-Call are the which forms the basis for today’s action, Valley Air Basin did not attain the same as those of the statutory RACT fix- appears in the various EPA policy ozone standard by their approved up requirement. guidance documents listed in footnote attainment dates.2 On May 26, 1988, This notice addresses EPA’s direct 3. Among those provisions is the EPA notified the Governor of California, final action for SBCAPCD Rule 344, requirement that a VOC rule must, at a pursuant to section 110(a)(2) of the 1977 Petroleum Sumps, Pits, and Well minimum, provide for the Act, that the SBCAPCD and KCAPCD Cellars; KCAPCD Rule 411, Storage of implementation of RACT for stationary portions of the California SIP were Organic Liquids; and KCAPCD Rule sources of VOC emissions. This inadequate to attain and maintain the 413, Organic Liquid Loading. SBCAPCD requirement was carried forth from the ozone standard and requested that adopted Rule 344 on November 10, pre-amended Act. For the purpose of assisting State and deficiencies in the existing SIP be 1994, and the State of California local agencies in developing RACT corrected (EPA’s SIP-Call). On submitted Rule 344 for incorporation rules, EPA prepared a series of Control November 15, 1990, the Clean Air Act into its SIP on January 24, 1995. The Technique Guideline (CTG) documents. Amendments of 1990 were enacted. submitted rule was found to be The CTGs are based on the underlying Public Law 101–549, 104 Stat. 2399, complete on February 24, 1995, requirements of the Act and specify the codified at 42 U.S.C. 7401–7671q. In pursuant to EPA’s completeness criteria presumptive norms for what is RACT amended section 182(a)(2)(A) of the that are set forth in 40 CFR part 51, appendix V.5 KCAPCD Rule 411 and for specific source categories. Under the CAA, Congress statutorily adopted the CAA, Congress ratified EPA’s use of requirement that nonattainment areas Rule 413 were both adopted on April 6, 1995, and submitted on May 25, 1995. these documents, as well as other fix their deficient reasonably available Agency policy, for requiring States to control technology (RACT) rules for These rules were found to be complete on July 24, 1995. ‘‘fix-up’’ their RACT rules. See section ozone and established a deadline of May 182(a)(2)(A). The CTG applicable to 15, 1991 for States to submit corrections SBCAPCD Rule 344 controls VOC emissions from petroleum liquids in SBCAPCD Rule 344 is ‘‘Control of of those deficiencies. Refinery Vacuum Producing Systems, On May 20, 1991, the San Joaquin sumps, pits, and well cellars. KCAPCD Wastewater Separators, and Process Valley Unified Air Pollution Control 3 Among other things, the pre-amendment Unit Turnarounds,’’ EPA 450/2–77–025. District was formed. This district has There are two CTGs applicable to authority over the San Joaquin Valley guidance consists of those portions of the proposed post-1987 ozone and carbon monoxide policy that KCAPCD Rule 411: ‘‘Control of Volatile Air Basin Portion of Kern County. Thus, concern RACT, 52 FR 45044 (November 24, 1987); Organic Emissions from Petroleum as of March 20, 1991, the KCAPCD has ‘‘Issues Relating to VOC Regulation Cutpoints, Liquid Storage in External Floating Roof authority over only the Southeast Desert Deficiencies, and Deviations, Clarification to Appendix D of November 24, 1987 Federal Register Tanks,’’ EPA 450/2–78–047, and Air Basin portion of Kern County. Notice’’ (Blue Book) (notice of availability was ‘‘Control of Volatile Organic Emissions Section 182(a)(2)(A) applies to areas published in the Federal Register on May 25, 1988); from Petroleum Liquid Storage in Fixed designated as nonattainment prior to and the existing control technique guidelines Roof Tanks,’’ EPA 450/2–77–036. The enactment of the CAA amendments and (CTGs). two CTGs applicable to KCAPCD Rule classified as marginal or above as of the 4 The South Central Coast Air Basin and the San 413 are ‘‘Control of Hydrocarbons from date of enactment. It requires such areas Joaquin Valley Air Basin portion of the KCAPCD retained their nonattainment designations and were Tank Truck Gasoline Loading classified by operation of law pursuant to sections Terminals,’’ EPA 450/2–77–026, and 1 At the time, Kern County was included in the 107(d) and 181(a) upon the date of enactment of the San Joaquin Valley Air Basin and the Southeast CAA. The Southeast Desert Air Basin portion of the ‘‘Control of Volatile Organic Emissions Desert Air Basin. The San Joaquin Valley Air Basin KCAPCD was designated nonattainment on from Bulk Gasoline Plants,’’ EPA 450/2– was designated as nonattainment and the Southeast November 6, 1991. See 56 FR 56694 (November 6, 77–035. Further interpretations of EPA Desert Air Basin was designated as unclassified. 1991). policy are found in the Blue Book, 2 The South Central Coast Air Basin received an 5 EPA adopted the completeness criteria on extension of its attainment date to December 31, February 16, 1990 (55 FR 5830) and, pursuant to referred to in footnote 3. In general, 1987. Kern County’s attainment date remained section 110(k)(1)(A) of the CAA, revised the criteria these guidance documents have been set December 31, 1982. on August 26, 1991 (56 FR 42216). forth to ensure that VOC rules are fully Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5517 enforceable and strengthen or maintain this action. Any parties interested in of a regulatory flexibility analysis would the SIP. commenting on this action should do so constitute Federal inquiry into the SBCAPCD Rule 344 is a new rule at this time. If no such comments are economic reasonableness of State which controls VOC emissions from the received, the public is advised that this action. The CAA forbids EPA to base its use of petroleum sumps, pits, and well action will be effective April 15, 1996. actions concerning SIPs on such cellars. The rule prohibits the use or grounds. Union Electric Co. v. U.S. Regulatory Process installation of primary sumps. Pits and E.P.A., 427 U.S. 246, 256–66 (S. Ct. post-primary sumps must be either Unfunded Mandates 1976); 42 U.S.C. 7410 (a)(2). replaced by storage tanks or installed Under Sections 202, 203, and 205 of This action has been classified as a with well-maintained covers. the Unfunded Mandates Reform Act of Table 3 action for signature by the KCAPCD’s submitted Rule 411 is an 1995 (‘‘Unfunded Mandates Act’’), Regional Administrator under amended rule that includes the signed into law on March 22, 1995, EPA procedures published in the Federal following significant changes from the must undertake various actions in Register on January 19, 1989 (54 FR current SIP: 2214–2225), as revised by a July 10, • Adds definitions, recordkeeping association with proposed or final rules that include a Federal mandate that may 1995 memorandum from Mary Nichols, requirements, and test methods. Assistant Administrator for Air and • Deletes outdated compliance result in estimated costs of $100 million or more to the private sector or to State, Radiation. The Office of Management schedules. and Budget has exempted this • KCAPCD Rule 413 is also an local, or tribal governments in the aggregate. regulatory action from Executive Order amended rule and contains the 12866 review. following significant changes from the Through submission of this State current SIP: implementation plan or plan revision, List of Subjects in 40 CFR Part 52 • the State and any affected local or tribal Adds definitions, recordkeeping Environmental protection, Air governments have elected to adopt the requirements, and test methods. pollution control, Hydrocarbons, • program provided for under part D of Adds a VOC limit for bulk Incorporation by reference, the Clean Air Act. These rules may bind terminals, a pressure limit for delivery Intergovernmental relations, Ozone, State, local, and tribal governments to tanks, and a bottom loading requirement Reporting and recordkeeping perform certain actions and also require for bulk terminals. requirements, Volatile organic the private sector to perform certain EPA has evaluated the submitted compounds. rules and has determined that they are duties. The rules being approved by this consistent with the CAA, EPA action will impose no new requirements Note: Incorporation by reference of the regulations, and EPA policy. Therefore, because affected sources are already State Implementation Plan for the State of SBCAPCD Rule 344, KCAPCD Rule 411, subject to these regulations under State California was approved by the Director of the Federal Register on July 1, 1982. and KCAPCD Rule 413 are being law. Therefore, no additional costs to approved under section 110(k)(3) of the State, local, or tribal governments or to Dated: December 15, 1995. CAA as meeting the requirements of the private sector result from this action. David P. Howekamp, section 110(a) and part D. EPA has also determined that this direct Acting Regional Administrator. Nothing in this action should be final action does not include a mandate Subpart F of part 52, chapter I, title 40 construed as permitting or allowing or that may result in estimated costs of of the Code of Federal Regulations is establishing a precedent for any future $100 million or more to State, local, or amended as follows: implementation plan. Each request for tribal governments in the aggregate or to revision to the State implementation the private sector. PART 52Ð[AMENDED] plan shall be considered separately in Small Businesses 1. The authority citation for part 52 light of specific technical, economic, continues to read as follows: and environmental factors and in Under the Regulatory Flexibility Act, relation to relevant statutory and 5 U.S.C. 600 et seq., EPA must prepare Authority: 42 U.S.C. 7401–7671q. regulatory requirements. a regulatory flexibility analysis EPA is publishing this document assessing the impact of any proposed or Subpart FÐCalifornia without prior proposal because the final rule on small entities. 5 U.S.C. 603 2. Section 52.220 is amended by Agency views this as a noncontroversial and 604. Alternatively, EPA may certify adding paragraphs (c)(214)(i)(C)(2) and action and anticipates no adverse that the rule will not have a significant (c)(221) as follows: comments. However, in a separate impact on a substantial number of small document in this Federal Register entities. Small entities include small § 52.220 Identification of plan. publication, the EPA is proposing to businesses, small not-for-profit * * * * * approve the SIP revision should adverse enterprises and government entities (c) * * * or critical comments be filed. This with jurisdiction over populations of (214) * * * action will be effective April 15, 1996, less than 50,000. (i) * * * unless, by March 14, 1996, adverse or SIP approvals under sections 110 and (C) * * * critical comments are received. 301(a) and subchapter I, part D of the (2) Rule 344, adopted on November If the EPA receives such comments, CAA do not create any new 10, 1994. this action will be withdrawn before the requirements, but simply approve * * * * * effective date by publishing a requirements that the State is already (c) * * * subsequent document that will imposing. Therefore, because the (221) New and amended regulations withdraw the final action. All public Federal SIP-approval does not impose for the following APCDs were submitted comments received will then be any new requirements, I certify that it on May 25, 1995 by the Governor’s addressed in a subsequent final rule does not have a significant impact on designee. based on this action serving as a any small entities affected. Moreover, (i) Incorporation by reference. proposed rule. The EPA will not due to the nature of the Federal-State (A) Kern County Air Pollution Control institute a second comment period on relationship under the CAA, preparation District. 5518 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

(1) Rule 411 and Rule 413, adopted on DEPARTMENT OF TRANSPORTATION of October 1, 1995, on page 23 following April 6, 1995. § 150.170, Figure 1.–Compatibility Chart Coast Guard * * * * * was inadvertently omitted. The table should appear as follows: [FR Doc. 96–2971 Filed 2–12–96; 8:45 am] 46 CFR Part 150 BILLING CODE 6560±50±W Compatibility of Cargoes FIGURE 1ÐCOMPATIBILITY CHART

CFR Correction [X INDICATES INCOMPATIBLE GROUPS] In Title 46 of the Code of Federal Regulations, parts 140 to 155, revised as

BILLING CODE 1505±01±D Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5519

DEPARTMENT OF THE INTERIOR official in accordance with agency with the Regulatory Flexibility Act (5 procedures. DIAR 1403.2 provides the U.S.C. 601 et seq), the Department has Office of the Secretary implementation of FAR 3.203 as determined that this rule will not have required by the FAR. These are strictly a significant economic impact on a 48 CFR Parts 1403, 1425, and 1452 limited to agency procedures in substantial number of small entities RIN 1090±AA54 implementation of FAR 3.203. These because no requirements are being agency procedures do not have a added for small businesses and no Department of the Interior Acquisition significant effect beyond the internal protections are being withdrawn. The Regulation; Internal Procedures operating procedures of the agency nor Department has determined that this do they have a significant cost or rule does not constitute a major Federal AGENCY: Office of the Secretary, Interior. administrative impact on contractors or action having a significant impact on ACTION: Final rule. offerors. This language merely the human environment under the implements a higher level issuance National Environmental Policy Act of SUMMARY: In the interests of (FAR) that has previously undergone the 1969. The Department has certified that streamlining processes and improving public comment process, and does not this rule meets the applicable standards relationships with contractors, this final pose additional significant cost or provided in Sections 2(a) and 2(b)(2) of rule amends the Department of the administrative impact on contractors or Executive Order 12778. Interior Acquisition Regulation (DIAR) offerors or effect beyond the internal by removing nonessential portions of operating procedures of DOI. List of Subjects in 48 CFR Parts 1403, those regulations. The material being DIAR 1425—Foreign Acquisition 1425, and 1452 removed deals with exclusively internal implements FAR 25.202, 25.203, 25.204, Government procurement, Reporting procedures. Other regulations that are and 25.205. This action will effect the and recordkeeping requirements. not obsolete and not currently part of 48 removal of DIAR 1425.202 and 1425.204 Dated: January 26, 1996. CFR are being added. from 48 CFR. These are strictly limited Bonnie Cohen, EFFECTIVE DATE: March 14, 1996. to internal agency procedures in implementation of FAR. These agency Assistant Secretary—Policy, Management FOR FURTHER INFORMATION CONTACT: and Budget. Mary L. McGarvey, Office of Acquisition procedures do not have a significant and Property Management, (202) 208– effect beyond the internal operating Chapter 14 of Title 48 of the Code of 3158. procedures of the agency or have a Federal Regulations is amended as significant cost or administrative impact follows: SUPPLEMENTARY INFORMATION: Under the on contractors or offerors. This language 1. The authority citation for 48 CFR auspices of the National Performance merely implements a higher level parts 1403, 1425 and 1452 continues to Review, a thorough review of the DIAR issuance (FAR) that has previously read as follows: was conducted. The review revealed undergone the public comment process, unnecessary and outdated regulations, Authority: Sec. 205(c), 63 Stat. 390; 40 and does not pose additional significant U.S.C. 486(c), and 5 U.S.C. 301. and some excessively burdensome cost or administrative impact on 2. Part 1403 is amended by removing procedures. contractors or offerors or effect beyond Subpart 1403.1 and 1403.2 and by In the interests of streamlining the internal operating procedures of adding new Subpart 1403.5 to read as processes and improving relationships DOI. DIAR 1425.203 and 1425.205 are follows: with contractors, nonessential portions revised and will be retained in 48 CFR. of the DIAR are being removed from the The revision and retained language will PART 1403ÐIMPROPER BUSINESS CFR. The two subparts and two sections be submitted and published under being removed from Parts 1403 and PRACTICES AND PERSONAL another interim final action. CONFLICTS OF INTEREST 1425 deal with exclusively internal DIAR Section 1403.570 Restrictions procedures so codification is not on Contractor Advertising and Section Subpart 1403.5ÐOther Improper Business necessary. Sections 1403.570 and 1452.203–70 Restrictions on Practices 1452.203–70 concerning Restrictions on Endorsements are being added to 48 Sec. Endorsements are being added to the CFR. This section and related clause 1403.570 Restrictions on contractor CFR. inform contractors of DOI’s position on advertising. When the DIAR was issued in 1984 as endorsements and may have a minimal 1403.570–1 Policy. a supplement to the Federal Acquisition administrative impact on contractors. 1403.570–3 Contract clause. Regulation (FAR), FAR Part 3 required Agency regulations prescribing Required Determinations Subpart 1403.5ÐOther Improper ‘‘Standards of Conduct’’. The The Department believes that public Business Practices Department of the Interior (DOI) comment is unnecessary because the 1403.570 Restrictions on contractor regulations governing the conduct and material being removed is outdated or advertising. responsibilities of regular and special deals exclusively with internal employees are contained in 43 CFR Part procedures. The added material is 1403.570±1 Policy. 20. Additional guidance is contained in primarily normal Government operating Award of a contract does not signify the DOI publication of ‘‘Ethics, An procedures. Therefore, in accordance endorsement of the supplies or services Employee Guide’’. This information is with 5 U.S.C. 553(b)(B), the Department purchased, nor does it signify agreement strictly limited to internal agency finds good cause to publish this with any views espoused by officials of procedures and information and is document as a final rule. This rule was the awards. It is vital to the integrity of issued as a supplement to the FAR not subject of Office of Management and the procurement system to avoid even Section 3.101–3. Budget review under Executive Order the appearance of an improper FAR 3.203 specifically requires 12866. This rule does not contain a preference toward a particular vendor. agency personnel to report suspected collection of information subject to the Therefore, contractors shall not be violations of the Gratuities clause to the Paperwork Reduction Act of 1995 as permitted to publicize, or otherwise contracting officer or other designated amended (P.L. 104–13). In accordance circulate, promotional materials which 5520 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations state or imply Governmental SUMMARY: The Office of Federal This final rule is step four in the four endorsement of a product, service or Procurement Policy, Cost Accounting step process. position which the contractor Standards Board (CASB), hereby B. Background represents. amends the Cost Accounting Standards (CAS) relating to the treatment of gains Prior Promulgations 1403.570±3 Contract clause. or losses attributable to tangible capital CO’s shall include the clause at 48 assets subsequent to mergers or business The issues addressed in this proposal CFR 1452.203–70, Restriction on combinations by government were first identified by commenters in Endorsements, in all solicitations, contractors, and relating to the response to the Board’s request for contracts and agreements which are not minimum acquisition cost criterion for agenda topics in November 1990. executed in accordance with SAT capitalization of tangible capital assets Subsequently, two Staff Discussion procedures. by raising the prescribed criterion from Papers (SDPs) were issued. 3. Part 1425 is amended by removing $1,500 to $5,000. The first SDP, dated August 26, 1991 Sections 1425.202 and 1425.204. To resolve the problems that have and titled ‘‘Recognition and Pricing of 4. Part 1452 is amended by adding been identified in this area, the Board Changing Capital Asset Values Resulting new Section 1452.203–70 to read as hereby amends CAS 9904.404, from Mergers and Business Combination follows: ‘‘Capitalization of Tangible Assets’’ and by Government Contractors,’’ (56 FR CAS 9904.409, ‘‘Depreciation of 42079) raised broad issues such as the PART 1452ÐSOLICITATION Tangible Capital Assets’’. These scope of the proposed project, the basis PROVISIONS AND CONTRACT amendments are based on an approach for any Government claim to gains or CLAUSES involving a ‘‘no step-up, no step-down’’ losses resulting from a business 1452.203±70 Restriction on endorsements. of asset bases and no recognition of gain combination and the likely economic consequences of a policy that would As prescribed in 48 CFR 1403.570–3, or loss on a transfer of assets following a business combination by contractors prohibit revaluation of assets following insert the following clause in all a merger. solicitations, contracts and agreements subject to CAS. The responses to this SDP were used which are expected to exceed the Section 26(g)(1) of the Office of by the Board as the basis for discussing simplified acquisition threshold. Federal Procurement Policy Act requires that the Board, prior to the the basic issues involved in this case. As Restriction on Endorsements—Department promulgation of any new or revised Cost a result of this discussion, the Board of the Interior (Nov 1995) Accounting Standard, publish a final decided to issue a second SDP dealing The contractor shall not refer to contracts rule. This final rule addresses the with a series of questions concerning awarded by the Department of the Interior in Board’s proposal to amend CAS the specific procedures needed to deal commercial advertising, as defined in FAR 9904.404 and CAS 9904.409 to deal effectively with the recognition, 31.205–1, in a manner which states or with the issue of gains and losses allocation and recovery of the gain or implies that the product or service provided loss subsequent to a merger or business is approved or endorsed by the Government, subsequent to a merger or business or is considered by the Government to be combination. combination. The second SDP, entitled ‘‘Treatment of Gains or Losses superior to other products or services. This EFFECTIVE DATE: This rule is effective restriction is intended to avoid the April 15, 1996. Subsequent to Mergers or Business appearance of preference by the Government Combinations by Government toward any product or service. The FOR FURTHER INFORMATION CONTACT: Dr. Contractors,’’ was issued on November contractor may request a determination as to Rein Abel, Director of Research, Cost 4, 1993 (58 FR 58882). On the basis of the propriety of promotional material from Accounting Standards Board (telephone comments received in response to that the CO. 202–395–3254). SDP, an Advance Notice of Proposed (End of Clause) SUPPLEMENTARY INFORMATION: Rulemaking (ANPRM) was developed and published in the Federal Register [FR Doc. 96–3205 Filed 2–12–96; 8:45 am] A. Regulatory Process BILLING CODE 4310±RF±M on May 24, 1994 (59 FR 26774). The The Cost Accounting Standards responses to the ANPRM were of Board’s rules and regulations are significant assistance to the Board in developing a Notice of Proposed OFFICE OF MANAGEMENT AND codified at 48 CFR Chapter 99. Section Rulemaking (NPRM). The NPRM was BUDGET 26(g)(1) of the Office of Federal Procurement Policy Act, 41 U.S.C. published in the Federal Register on Office of Federal Procurement Policy § 422(g)(1), requires that the Board, prior March 8, 1995 (60 FR 12725). to the establishment of any new or Public Comments 48 CFR Part 9904 revised Cost Accounting Standard, complete a prescribed rulemaking Ten sets of public comments were Cost Accounting Standards Board; process. This process consists of the received in response to the NPRM from Treatment of Gains or Losses following four steps: government contractors, professional Subsequent to Mergers or Business 1. Consult with interested persons and industrial associations, law firms Combinations by Government concerning the advantages, and Federal agencies. Contractors; Increase in Minimum disadvantages and improvements The views expressed by the various Acquisition Cost Criterion for anticipated in the pricing and parties were, in essence, consistent with Capitalization of Tangible Capital administration of government contracts the views expressed by the same parties Assets as a result of a proposed Standard. earlier when the ANPRM was AGENCY: Cost Accounting Standards 2. Promulgate an Advance Notice of published. The basic no step-up, no Board, Office of Federal Procurement Proposed Rulemaking. step-down approach was supported by Policy, OMB. 3. Promulgate a Notice of Proposed the Government commenters and it was Rulemaking. generally opposed by other commenters ACTION: Final rule. 4. Promulgate a final rule. although some of these other Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5521 commenters did not explicitly express b. The current subsection 9904.404– E. Public Comments their views on this basic issue. 50(d) is deleted and is replaced by an This final rule was developed after Besides expressing their views on the amended section that prescribes: consideration of the public comments (1) That for contract costing purposes, proposed approach outlined in the received in response to the Board’s tangible capital assets following a NPRM and the Board’s arguments NPRM published on March 8, 1995 (60 business combination shall retain their supporting this chosen approach, many FR 12725). The comments have net book value recognized during the commenters offered editorial as well as provided valuable input to the Board’s most recent cost accounting period prior more substantive detailed comments on rulemaking process. The comments to the business combination provided the various specific provisions of the received and the action taken by the that the assets generated either document. Board are summarized in the paragraphs depreciation expense or cost of money These comments are discussed below that follow: charges that were allocated during the in greater detail, under Section E., Comment: Several commenters period either as direct or indirect costs Public Comments. The Board and the indicated that the final rule should to Federal government contracts and CASB staff express their appreciation make it clear that this revised rule is to subcontracts negotiated on the basis of for the generally constructive and be applied on a prospective basis only. thoughtful responses provided by the cost. (2) That the cost of tangible capital One commenter suggested that the commenters. assets shall be restated after the business language in 9904.404–63 and 9904.409– Benefits combination at a figure not to exceed 63 be supplemented to reflect the the fair value at the date of the requirements of paragraph (a)(3) of the After consideration of all the acquisition pursuant to a business contract clause at 9903.201–4(a) which comments received in response to the combination where the assets during the requires the receipt of a new CAS- NPRM, the Board continues to believe most recent cost accounting period prior covered contract for a new CAS that amendments to CAS 9904.404, to the business combination did not requirement to be applicable. ‘‘Capitalization of Tangible Assets,’’ and generate either depreciation expense or Response: Sections 9904.404–63 and CAS 9904.409, ‘‘Depreciation of cost of money charges that were 9904.409–63 have been supplemented Tangible Capital Assets,’’ as set forth in allocated either as direct or indirect to make it clear that these revisions are the ANPRM and essentially restated in costs to Federal government contracts to be applied prospectively. the NPRM, and this final rule, will negotiated on the basis of cost. Comment: Several commenters significantly improve and clarify the c. A new subparagraph 9904.409– stressed once more that they believe implementation of CAS and related 50(j)(5), is added to current subsection there is a conflict between the CAS procurement regulations in accounting 9904.409–50(j). The purpose of this new allocability provisions and the Federal for tangible capital assets after subparagraph is to make it clear that the Acquisition Regulation (FAR) completion of a merger or business CAS 9904.409 provisions dealing with allowability provisions in this area. It combination. In particular, the Board the recapture of gains and losses on was suggested again, as in earlier continues to believe that the proposal disposition of tangible capital assets comments, that the OFPP Administrator embodied in this final rule will clarify should not apply when assets are should address this issue. the current ambiguities in this area and transferred subsequent to a business Response: The Board is aware that thus should lead to reductions in combination. there is an appearance of conflict negotiations and litigation. This point is between the provisions of CAS 9904.404 of particular significance in the current C. Paperwork Reduction Act and FAR 31.205–52. As stated in the economic and budgetary environment The Paperwork Reduction Act, Public proposed rulemakings, the OFPP where the need to realize economies in Law 96–511, does not apply to this Administrator will determine whether the defense budget can be expected to rulemaking, because this rule imposes any changes may be necessary in the lead to mergers, business combinations no paperwork burden on offerors, FAR cost principles to make them fully and restructurings among contractors. It affected contractors and subcontractors, compatible with amended CAS is also anticipated that increasing the or members of the public which require 9904.404 and 9904.409. capitalization criterion for tangible the approval of OMB under 44 U.S.C. Comment: One commenter pointed capital assets in CAS 9904.404 from 3501, et seq. out the apparent inconsistency in the $1,500 to $5,000, will significantly language between sections 9904.404– reduce record keeping burden in many D. Executive Order 12866 and the 50(d) (1) and (2) when describing the instances. The Board believes that the Regulatory Flexibility Act scope of the two paragraphs. In one potential benefit to the audit, The economic impact of this rule on paragraph the reference is to costs negotiation, and general contract contractors and subcontractors is charged to ‘‘Federal Government administration processes accruing from expected to be minor. As a result, the contracts’’, while in the other, the the added clarity and uniformity in the Board has determined that this final rule reference is to ‘‘Federal Government measurement of the cost of depreciation will not result in the promulgation of a contracts subject to CAS’’. In addition, and cost of money subsequent to a ‘‘major rule’’ under the provisions of another commenter pointed out that business combination will be Executive Order 12866, and that a these references did not make clear substantial and will greatly outweigh regulatory impact analysis will not be whether contractors subject to modified any added costs. required. Furthermore, this final rule CAS coverage are affected by this Summary of Proposed Amendments will not have a significant effect on a amendment. substantial number of small entities Response: In order to make clear that A brief description of the proposed because small businesses are exempt the amendment applies to those tangible amendments follows: from the application of the Cost capital assets that were charged to a. The capitalization criterion for Accounting Standards. Therefore, this Federal government contracts and tangible capital assets in subsection final rule does not require a regulatory subcontracts negotiated on the basis of 9904.404–40(b)(1) is increased from flexibility analysis under the Regulatory cost before the business combination, $1,500 to $5,000. Flexibility Act of 1980. the phrase ‘‘subject to CAS’’ has been 5522 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations eliminated. This should make it clear not provide uniformity or consistency charged to Government contracts to the that this revised rule applies to tangible since it provides for different treatment extent that the restructuring results in capital assets that generated costs for acquired assets of CAS-covered from savings that exceed the costs. The allocated to Federal government non-CAS-covered contractors’’. commenters argued that the same contracts and subcontracts negotiated Response: CAS 9904.404–50(d) has rationale should be applied to increased on the basis of cost, where such costs been revised to clearly establish that the deprecation associated with the were allocated to contracts and acquired tangible capital asset revaluation of a purchased company’s subcontracts by the seller during the valuations shall be determined in a assets if the business combination is most recent cost accounting period prior consistent manner. As revised, regarded as an ‘‘external restructuring’’, to the business combination. application of the prescribed techniques and, that it would be inequitable for the Comment: Several suggestions were in 9904.404–50(d)(1) and 9904.404– Government to benefit from all of the received dealing with different aspects 50(d)(2) is dependant upon whether or savings resulting from restructuring, of materiality in applying this revision. not the acquired assets were previously while it is unwilling to recognize all of First, several contractors and industry utilized in the performance of either the costs needed to implement such associations suggested that specific CAS-covered and/or non-CAS covered restructuring. materiality criteria be introduced, such Federal contracts that were negotiated Response: In issuing this revision, the as total dollar value of assets acquired on the basis of cost. Board does not intend to encourage or or the percentage of commercial or Comment: Several commenters discourage contractors to consolidate or competitively awarded fixed-priced expressed their disagreement with the restructure their operations. Rather, the contracts in relation to total sales. One abandonment of GAAP principles in Board’s intent, in accordance with its Government commenter suggested that this revision to CAS 9904.404. The view stated objectives, in promulgating this the coverage of the amendment should was expressed that the CASB should revision, is to increase the degree of be extended also to those tangible deviate from GAAP only in exceptional uniformity and consistency in like capital assets that generated relevant cases and, in the view of these circumstances in the cost accounting costs chargeable to CAS-covered commenters, such an approach is not practices that are used by Government contracts ‘‘anytime during the three warranted in the present case. contractors to record tangible capital accounting periods prior to the business Response: The Board has pointed out asset values subsequent to mergers or combination’’. in its Statement of Objectives, Policies business combinations. The Board Response: The Board does not believe and Concepts that it will make every believes that this action will result in that the introduction of additional reasonable effort to avoid conflict or cost allocations that are fair and materiality criteria is advisable at this disagreement with other bodies having equitable. time. By its very nature, under full CAS similar responsibilities. However, it also Comment: Several commenters coverage, the amended Standard’s pointed out that the nature of the offered editorial comments to the requirements apply to major contractors Board’s authority and its mission is proposed revisions. that perform significant amounts of such that it must retain and exercise full Response: All of these comments were CAS-covered work. responsibility for meeting its objectives. considered and, as a result, the essence CAS 9904.404–50(d) has been revised As stated in previous discussions, the of several of these comments were to clearly state that the costs of tangible Board adopted the ‘‘no step-up, no step- incorporated in the final rule. capital assets acquired from a seller down’’ approach after extensive (whether CAS-covered or non-CAS consideration of the possible alternative List of Subjects in 48 CFR Part 9904 covered) which generated depreciation approaches. In particular, the issues Cost accounting standards, expense or cost of money charges that associated with the recognition, Government procurement. were allocated to Federal government allocation and recovery of the gain or Richard C. Loeb, loss subsequent to a merger or business contracts or subcontracts shall not be Executive Secretary, Cost Accounting written up by the buyer. The primary combination were extensively explored Standards Board. issue is whether or not a material in a Staff Discussion Paper (SDP) For the reasons set forth in this amount of asset costs have been charged entitled ‘‘Treatment of Gains or Losses preamble, chapter 99 of title 48 of the to Federal government contracts and Subsequent to Mergers or Business Code of Federal Regulations is amended subcontracts that were negotiated on the Combinations by Government Contractors.’’ It was only after careful as set forth below: basis of cost, where such costs were 1. The authority citation for part 9904 consideration of the responses to the allocated to contracts and subcontracts continues to read as follows: during the most recent cost accounting SDP that the Board decided to proceed period prior to the acquisition date, not with the ‘‘no step-up, no step-down’’ Authority: Public Law 100–679, 102 Stat. the amount of CAS-covered effort approach thereby establishing a cost 4056, 41 U.S.C. 422. accounting practice that diverges from performed by the seller. PART 9904ÐCOST ACCOUNTING the corresponding practice recognized Comment: One commenter suggested STANDARDS that the acquisition cost criterion in for GAAP purposes. section 9904.404 be raised from $1,500 Comment: Several commenters 9904.404 Capitalization of tangible assets. to $5,000. pointed out that since this issue has 2. Section 9904.404–40 is amended by Response: The Board accepts this been under review by the CAS Board, revising paragraph (b)(1) to read as suggestion and therefore section there have been significant changes in follows: 9904.404–40(b)(1) is modified to the statutes and regulations covering increase the minimum acquisition cost mergers and business combinations by 9904.404±40 Fundamental requirement. criterion from $1,500 to $5,000. Government contractors. The * * * * * Comment: One Government Government, in order to encourage (b) * * * commenter expressed the view that the contractors to consolidate, has (1) The contractor’s policy shall provisions of the amendment should recognized ‘‘external restructuring’’ designate a minimum service life also be extended to non-CAS-covered which allows, in certain circumstances, criterion, which shall not exceed 2 contractors: ‘‘The proposed rule does contractors’ restructuring costs to be years, but which may be a shorter Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5523 period. The policy shall also designate contracts or subcontracts negotiated on 9904.409±50 Techniques for application. a minimum acquisition cost criterion the basis of cost, shall be assigned a * * * * * which shall not exceed $5,000, but portion of the cost of the acquired (j) * * * which may be a smaller amount. company not to exceed their fair (5) The provisions of this subsection * * * * * value(s) at the date of acquisition. When 9904.409–50(j) do not apply to business 3. Section 9904.404–50 is amended by the fair value of identifiable acquired assets less liabilities assumed exceeds combinations. The carrying values of revising paragraph (d) to read as tangible capital assets acquired follows: the purchase price of the acquired company in an acquisition under the subsequent to a business combination 9904.404±50 Techniques for application. ‘‘purchase method,’’ the value otherwise shall be established in accordance with * * * * * assignable to tangible capital assets shall the provisions of subsection 9904.404– 50(d). (d) The capitalized values of tangible be reduced by a proportionate part of capital assets acquired in a business the excess. * * * * * combination, accounted for under the * * * * * 6. Section 9904.409–63 is revised to ‘‘purchase method’’ of accounting, shall 4. Section 9904.404–63 is revised to read as follows: be assigned to these assets as follows: read as follows: 9904.409±63 Effective date. (1) All the tangible capital assets of 9904.404±63 Effective date. the acquired company that during the (a) This Standard is effective April 15, (a) This Standard is effective April 15, most recent cost accounting period prior 1996. 1996. to a business combination generated (b) This Standard shall be applied (b) This Standard shall be applied either depreciation expense or cost of beginning with the contractor’s next full beginning with the contractor’s next full money charges that were allocated to cost accounting period beginning after cost accounting period beginning after Federal government contracts or the receipt of a contract or subcontract the receipt of a contract or subcontract subcontracts negotiated on the basis of to which this Standard is applicable. to which this Standard is applicable. cost, shall be capitalized by the buyer at (c) Contractors with prior CAS- the net book value(s) of the asset(s) as (c) Contractors with prior CAS- covered contracts with full coverage covered contracts with full coverage reported by the seller at the time of the shall continue to follow Standard transaction. shall continue to follow Standard 9904.404 in effect prior to April 15, 9904.409 in effect prior to April 15, (2) All the tangible capital asset(s) of 1996, until this Standard, effective April 1996, until this Standard, effective April the acquired company that during the 15, 1996, becomes applicable after the 15, 1996, becomes applicable after the most recent cost accounting period prior receipt of a contract or subcontract to receipt of a contract or subcontract to to a business combination did not which this revised Standard applies. which this revised Standard applies. generate either depreciation expense or 5. Section 9904.409–50 is amended by cost of money charges that were adding a new paragraph (j)(5) to read as [FR Doc. 96–3061 Filed 2–12–96; 8:45 am] allocated to Federal government follows: BILLING CODE 3110±01±P 5524

Proposed Rules Federal Register Vol. 61, No. 30

Tuesday, February 13, 1996

This section of the FEDERAL REGISTER Downtown, 200 W. 12th Street, Kansas report its recommendations to the entire contains notices to the public of the proposed City, MO 64105, Telephone 1–800–548– meeting. issuance of rules and regulations. The 4782 or (816) 421–6800. APHIS will consider these purpose of these notices is to give interested 2. St. Louis, MO: Regal Riverfront recommendations in developing any persons an opportunity to participate in the Hotel, 200 South 4th Street, St. Louis, revisions to the current AWA rule making prior to the adoption of the final MO, Telephone 1–800–325–7353 or rules. regulations and standards. The Agency (314) 241–9500, Fax (314) 421–3555. will initiate rulemaking for any changes For hotel reservations at either deemed appropriate. DEPARTMENT OF AGRICULTURE location, request lodging for ‘‘USDA Participants should attend the same Public Meeting.’’ workshop for the entire meeting. Animal and Plant Health Inspection FOR FURTHER INFORMATION CONTACT: Mr. Registration for workshop sessions will Service Stephen Smith, Animal Health be held from 11 a.m.–1 p.m. on the first Technician, Animal Care Staff, REAC, day of each meeting, with the general 9 CFR Parts 1, 2, and 3 APHIS, USDA, 4700 River Road Unit 84, session beginning at 1 p.m. Meeting [Docket No. 95±099±1] Riverdale, MD 20737–1234, (301) 734– participants should select a first and 4972. second choice for workshop attendance Dogs and Cats in Commercial Pet SUPPLEMENTARY INFORMATION: Under the because of space availability. Trade; Public Meetings Animal Welfare Act (AWA) (7 U.S.C. Done in Washington, DC, this 8th day of 2131 et seq.), the Animal and Plant February 1996. AGENCY: Animal and Plant Health Health Inspection Service (APHIS) is Inspection Service, USDA. Terry L. Medley, responsible for regulating the care Acting Administrator, Animal and Plant ACTION: Notice of public meetings. provided to certain animals, including Health Inspection Service. dogs and cats in the commercial pet SUMMARY: We are advising the public [FR Doc. 96–3241 Filed 2–12–96; 8:45 am] trade. APHIS believes the AWA that the Animal and Plant Health BILLING CODE 3410±34±P regulations and standards pertaining to Inspection Service is hosting two public such dogs and cats may need to be meetings to gather information on the updated. APHIS officials are reviewing current Animal Welfare Act regulations DEPARTMENT OF TRANSPORTATION the pertinent AWA regulations and and standards that apply to the care of standards. dogs and cats in the commercial pet Federal Aviation Administration In conducting this review, the agency trade. In line with our commitment to is seeking recommendations and ensure appropriate care for animals 14 CFR Part 39 opinions regarding the housing, care, regulated under the Animal Welfare handling, and transportation of dogs [Docket No. 95±NM±59±AD] Act, we are reviewing these regulations and cats in the commercial pet trade. and standards and are seeking Airworthiness Directives; Fokker APHIS officials have decided to hold recommendations and opinions from Model F28 Mark 0100 Series Airplanes three meetings to gather input from the the affected industries and concerned public, animal protection organizations, AGENCY: Federal Aviation public to determine whether revisions and members of affected industries, Administration, DOT. are necessary. such as dealers, research facilities, and ACTION: Notice of proposed rulemaking DATES: Each meeting will be held on commercial animal transporters. The (NPRM). two consecutive half days—from 1 p.m. locations of the meetings were selected until 5 p.m. on the first day and from based on the high concentrations of SUMMARY: This document proposes the 8 a.m. until noon on the second day. licensed animal dealers operating adoption of a new airworthiness The first meeting will be held in Kansas within close proximity. We also directive (AD) that is applicable to City, MO, February 21 and 22, 1996. anticipate holding a meeting in the certain Fokker Model F28 Mark 0100 The second meeting will be held in St. Washington, DC, area. Notice of this series airplanes. This proposal would Louis, MO, February 23 and 24, 1996. meeting will be given in a future require inspections to detect cracking of ADDRESSES: The public meetings will be Federal Register notice. the Hi-lok bolt holes in the main hinge held at the following locations: The meetings will include four fittings of the horizontal stabilizer, and 1. Kansas City, MO: Kansas City workshops facilitated by trained APHIS repair, if necessary. The proposed AD Convention Center, Bartle Hall, 301 W. facilitators: (1) Space requirements for also would require modification of the 13th Street, Kansas City, MO. Telephone primary enclosures, including room for main hinge fitting, modification or 1–800–821–7060 or (816) 871–3700. exercise; (2) sanitation, materials, replacement of rib connecting angles, Parking at the Convention Center flooring, and construction of primary and modification of ribs. This proposal (between Central Street and Broadway) enclosures; (3) veterinary care and is prompted by a report that cracking is approximately $6 per day. breeding frequency; and (4) was found in the main hinge fittings of Participants should enter the meeting transportation by land and by air. In the horizontal stabilizer during fatigue areas (2200 Series) through Lobby 200 these workshops, group participation testing. The cracking was a result of on the first floor of Bartle Hall. Members will be used to develop higher-than-anticipated loads induced of the public requiring lodging recommendations within specific topic during operation of the thrust reverser. reservations in Kansas City can contact areas. After the workshops have The actions specified by the proposed the Kansas City Marriott Hotel- concluded, each workshop group will AD are intended to prevent Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Proposed Rules 5525 deterioration of the fatigue life of the Docket Number 95–NM–59–AD.’’ The Regulations (14 CFR 21.29) and the main hinge fittings of the horizontal postcard will be date stamped and applicable bilateral airworthiness stabilizer and reduced structural returned to the commenter. agreement. Pursuant to this bilateral integrity of the horizontal stabilizer due airworthiness agreement, the RLD has Availability of NPRMs to higher induced loads. kept the FAA informed of the situation DATES: Comments must be received by Any person may obtain a copy of this described above. The FAA has March 25, 1996. NPRM by submitting a request to the examined the findings of the RLD, ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, reviewed all available information, and triplicate to the Federal Aviation ANM–103, Attention: Rules Docket No. determined that AD action is necessary Administration (FAA), Transport 95–NM–59–AD, 1601 Lind Avenue, for products of this type design that are Airplane Directorate, ANM–103, SW., Renton, Washington 98055–4056. certificated for operation in the United Attention: Rules Docket No. 95–NM– Discussion States. 59–AD, 1601 Lind Avenue SW., Renton, Since an unsafe condition has been The Rijksluchtvaartdienst (RLD), Washington 98055–4056. Comments identified that is likely to exist or which is the airworthiness authority for may be inspected at this location develop on other airplanes of the same the Netherlands, recently notified the between 9:00 a.m. and 3:00 p.m., type design registered in the United FAA that an unsafe condition may exist Monday through Friday, except Federal States, the proposed AD would require on certain Fokker Model F28 Mark 0100 holidays. a rotor probe inspection and a pencil The service information referenced in series airplanes. The RLD advises that it probe inspection to detect cracks of the the proposed rule may be obtained from received a report indicating that, during Hi-lok bolt holes in the main hinge Fokker Aircraft USA, Inc., 1199 North full-scale fatigue tests of a Model F28 fittings of the horizontal stabilizer for. Fairfax Street, Alexandria, Virginia Mark 0100 test article, cracking was For certain airplanes, the proposed AD 22314. This information may be found in the flanges of the left and right- also would require modification of the examined at the FAA, Transport hand main hinge fittings of the Hi-lok bolt holes by cold expansion and Airplane Directorate, 1601 Lind Avenue horizontal stabilizer. Such cracking is stiffening of the ribs at Station 215. The SW., Renton, Washington. attributed to higher than anticipated inspections and modification would be loads on the horizontal stabilizer during required to be accomplished in FOR FURTHER INFORMATION CONTACT: Tim operation of the thrust reverser. This accordance with the service bulletin Dulin, Aerospace Engineer, condition, if not corrected, could result described previously. For certain other Standardization Branch, ANM–113, in a deteriorated fatigue life of the main airplanes, the proposed AD would FAA, Transport Airplane Directorate, hinge fittings of the horizontal require the correction of certain 1601 Lind Avenue SW., Renton, stabilizer, and reduced structural cracking found, in accordance with a Washington 98055–4056; telephone integrity of the horizontal stabilizer. method approved by the FAA. (206) 227–2141; fax (206) 227–1149. Fokker has issued Service Bulletin The FAA estimates that 90 airplanes SUPPLEMENTARY INFORMATION: SBF100–55–021, Revision 2, dated of U.S. registry would be affected by this December 27, 1993, which describes proposed AD, that it would take Comments Invited procedures for a rotor probe inspection approximately 136 work hours per Interested persons are invited to and a pencil probe inspection to detect airplane to accomplish the proposed participate in the making of the cracking of the Hi-lok bolt holes in the actions, and that the average labor rate proposed rule by submitting such main hinge fittings of the horizontal is $60 per work hour. Required parts written data, views, or arguments as stabilizer. For airplanes on which either would cost approximately $1,800 per they may desire. Communications shall no cracking or cracking within specified airplane. Based on these figures, the cost identify the Rules Docket number and limits is found, the service bulletin impact of the proposed AD on U.S. be submitted in triplicate to the address describes procedures for the following: operators is estimated to be $896,400, or specified above. All communications 1. Modification of the main hinge $9,960 per airplane. received on or before the closing date fittings on the horizontal stabilizer and The cost impact figure discussed for comments, specified above, will be modification or replacement of the above is based on assumptions that no considered before taking action on the connecting angles at Rib 215; and operator has yet accomplished any of proposed rule. The proposals contained 2. Modification of Rib 215 of the the proposed requirements of this AD in this notice may be changed in light horizontal stabilizer to close the action, and that no operator would of the comments received. lightening holes. accomplish those actions in the future if Comments are specifically invited on These modifications entail modifying this AD were not adopted. the overall regulatory, economic, the Hi-lok bolt holes by cold expansion, The regulations proposed herein environmental, and energy aspects of and stiffening the ribs at Station 215. would not have substantial direct effects the proposed rule. All comments Accomplishment of these modifications on the States, on the relationship submitted will be available, both before will increase the fatigue life of the main between the national government and and after the closing date for comments, hinge fittings. the States, or on the distribution of in the Rules Docket for examination by The RLD classified this Fokker service power and responsibilities among the interested persons. A report bulletin as mandatory and issued various levels of government. Therefore, summarizing each FAA-public contact Netherlands airworthiness directive in accordance with Executive Order concerned with the substance of this BLA 93–137/2 (A), dated February 21, 12612, it is determined that this proposal will be filed in the Rules 1994, in order to assure the continued proposal would not have sufficient Docket. airworthiness of these airplanes in the federalism implications to warrant the Commenters wishing the FAA to Netherlands. preparation of a Federalism Assessment. acknowledge receipt of their comments This airplane model is manufactured For the reasons discussed above, I submitted in response to this notice in the Netherlands and is type certify that this proposed regulation (1) must submit a self-addressed, stamped certificated for operation in the United is not a ‘‘significant regulatory action’’ postcard on which the following States under the provisions of section under Executive Order 12866; (2) is not statement is made: ‘‘Comments to 21.29 of the Federal Aviation a ‘‘significant rule’’ under the DOT 5526 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Proposed Rules

Regulatory Policies and Procedures (44 inspections and modifications required by Note 3: Information concerning the FR 11034, February 26, 1979); and (3) if this amendment. existence of approved alternative methods of promulgated, will not have a significant (a) Prior to the accumulation of 15,000 total compliance with this AD, if any, may be economic impact, positive or negative, flight cycles, or within 1 year after the obtained from the Standardization Branch, ANM–113. on a substantial number of small entities effective date of this AD, whichever occurs later: Perform a rotor probe inspection and a under the criteria of the Regulatory (e) Special flight permits may be issued in pencil probe inspection to detect cracking of accordance with sections 21.197 and 21.199 Flexibility Act. A copy of the draft the Hi-lok bolt holes in the main hinge of the Federal Aviation Regulations (14 CFR regulatory evaluation prepared for this fittings of the horizontal stabilizer, in 21.197 and 21.199) to operate the airplane to action is contained in the Rules Docket. accordance with Part 5 of the a location where the requirements of this AD A copy of it may be obtained by Accomplishment Instructions of Fokker can be accomplished. Service Bulletin SBF100–55–021, Revision 2, contacting the Rules Docket at the Issued in Renton, Washington, on February dated December 27, 1993. This inspection is location provided under the caption 7, 1996. not required for airplanes that have been ADDRESSES. modified as specified in paragraph (b) of this Darrell M. Pederson, List of Subjects in 14 CFR Part 39 AD, provided that the modification is Acting Manager, Transport Airplane accomplished prior to the accumulation of Directorate, Aircraft Certification Service. Air transportation, Aircraft, Aviation 1,000 total flight cycles. [FR Doc. 96–3151 Filed 2–12–96; 8:45 am] safety, Safety. (b) Either prior to the accumulation of 1,000 total flight cycles; or prior to further BILLING CODE 4910±13±P The Proposed Amendment flight after the inspection required by Accordingly, pursuant to the paragraph (a) of this AD if, as a result of that authority delegated to me by the inspection, no cracking is found, or all cracks that are found are less than or equal to the ENVIRONMENTAL PROTECTION Administrator, the Federal Aviation AGENCY Administration proposes to amend part values specified in the Decision Diagram (Figure 2) of Fokker Service Bulletin 39 of the Federal Aviation Regulations SBF100–55–021, Revision 2, dated December 40 CFR Part 52 (14 CFR part 39) as follows: 27, 1993: Accomplish the modification requirements specified in paragraph (b)(1) [IL106±1±6707b; FRL±5411±4] PART 39ÐAIRWORTHINESS and (b)(2) of this AD. DIRECTIVES (1) Modify the main hinge fittings of the Approval and Promulgation of horizontal stabilizer; and replace or modify Implementation Plans; Illinois 1. The authority citation for part 39 the connecting angles at Rib 215, as continues to read as follows: applicable; in accordance with Fokker AGENCY: Environmental Protection Authority: 49 U.S.C. 106 (g), 40113, 44701. Service Bulletin SBF100–55–021, Revision 2, Agency. dated December 27, 1993, and as specified in ACTION: Proposed rule. § 39.13 [Amended] either paragraph (b)(1)(i) or (b)(1)(ii) of this 2. Section 39.13 is amended by AD, as applicable. SUMMARY: The United States adding the following new airworthiness (i) For airplanes that have accumulated less than 1,000 total flight cycles at the time of Environmental Protection Agency directive: modification: Accomplish the modification (USEPA) proposes to approve Illinois’ Fokker: Docket 95–NM–59–AD. in accordance with either Part 3 or Part 4 of State Implementation Plan (SIP) Applicability: Model F28 Mark 0100 the Accomplishment Instructions of the revision request, submitted on May 5, airplanes; having serial numbers 11244 service bulletin, as applicable. 1995, and May 26, 1995, which tightens through 11420 inclusive, 11422, 11424 (ii) For airplanes that have accumulated the stringency of Volatile Organic through 11428 inclusive, 11432 through 1,000 or more total flight cycles at the time Matter emission limitations for certain 11439 inclusive, and 11443 through 11445 of modification: Accomplish the surface coating operations in the inclusive; certificated in any category. modification in accordance with either Part 6 or Part 7 of the Accomplishment Chicago and Metro-East St. Louis ozone Note 1: This AD applies to each airplane Instructions of the service bulletin, as nonattainment areas. In the final rules identified in the preceding applicability applicable. section of this Federal Register, the provision, regardless of whether it has been (2) Modify Rib 215 of the horizontal USEPA is approving this action as a otherwise modified, altered, or repaired in stabilizer to close the lightening holes in the area subject to the requirements of this direct final rule without prior proposal accordance with Part 8 of the AD. For airplanes that have been modified, because USEPA views this as a Accomplishment Instructions of Fokker altered, or repaired so that the performance noncontroversial action and anticipates Service Bulletin SBF100–55–021, Revision 2, of the requirements of this AD is affected, the dated December 27, 1993. no adverse comments. A detailed owner/operator must request approval for an (c) If any cracking is found as a result of rationale for the approval is set forth in alternative method of compliance in the inspection required by paragraph (a) of the direct final rule. If no adverse accordance with paragraph (d) of this AD. this AD, and the cracking exceeds the values comments are received in response to The request should include an assessment of specified in the Decision Diagram (Figure 2) that direct final rule, no further activity the effect of the modification, alteration, or of Fokker Service Bulletin SBF100–55–021, repair on the unsafe condition addressed by is contemplated in relation to this Revision 2, dated December 27, 1993: Prior this AD; and, if the unsafe condition has not proposed rule. If USEPA receives to further flight, repair in accordance with a been eliminated, the request should include adverse comments, the direct final rule method approved by the Manager, specific proposed actions to address it. Standardization Branch, ANM–113, FAA, will be withdrawn and all public Compliance: Required as indicated, unless Transport Airplane Directorate. comments received will be addressed in accomplished previously. (d) An alternative method of compliance or a subsequent final rule based on the To prevent reduced structural integrity of adjustment of the compliance time that proposed rule. USEPA will not institute the horizontal stabilizer, accomplish the provides an acceptable level of safety may be a second comment period on this action. following: used if approved by the Manager, Any parties interested in commenting Note 2: Inspections and modifications Standardization Branch, ANM–113. on this document should do so at this accomplished prior to the effective date of Operators shall submit their requests through time. this amendment in accordance with Fokker an appropriate FAA Principal Maintenance Service Bulletin SBF100–55–021, Revision 1, Inspector, who may add comments and then DATES: Comments on this proposed rule dated September 6, 1993, are considered send it to the Manager, Standardization must be received on or before March 14, acceptable for compliance with the Branch, ANM–113. 1996. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Proposed Rules 5527

ADDRESSES: Written comments should the EPA is approving this action as a concern the control of volatile organic be mailed to: J. Elmer Bortzer, Chief, direct final without prior proposal compound (VOC) emissions from Regulation Development Section, because EPA views this as a organic liquid storage and loading, and Regulation Development Branch (AR18– noncontroversial action and anticipates petroleum sumps, pits and well cellars. J), U.S. Environmental Protection no adverse comments. If no adverse The intended effect of proposing Agency, Region 5, 77 West Jackson comments are received in response to approval of these rules is to regulate Boulevard, Chicago, Illinois 60604. that direct final rule, no further activity emissions of VOCs in accordance with Copies of the State submittal and is contemplated in relation to this the requirements of the Clean Air Act, USEPA’s analysis of it are available for proposed rule. If EPA receives adverse as amended in 1990 (CAA or the Act). inspection at: Regulation Development comments, the direct final rule will be In the Rules section of this Federal Section, Regulation Development withdrawn and all public comments Register, EPA is approving the State’s Branch (AR18–J), U.S. Environmental received will be addressed in a SIP revision as a direct final rule Protection Agency, Region 5, 77 West subsequent final rule based on this without prior proposal because the Jackson Boulevard, Chicago, Illinois proposed rule. The EPA will not Agency views this as a noncontroversial 60604. institute a second comment period on action and anticipates no adverse FOR FURTHER INFORMATION CONTACT: this action. Any parties interested in comments. A detailed rationale for this Mark J. Palermo, Regulation commenting on this document should approval is set forth in the direct final Development Section, Regulation do so at this time. rule. If no adverse comments are Development Branch (AR18–J), U.S. DATES: Comments on this proposed received in response to this proposed Environmental Protection Agency, action must be received by March 14, rule, no further activity is contemplated Region 5, 77 West Jackson Boulevard, 1996. in relation to this rule. If EPA receives adverse comments, the direct final rule Chicago, Illinois 60604, (312) 886–6082. ADDRESSES: Written comments should will be withdrawn and all public SUPPLEMENTARY INFORMATION: For be sent to: Carlton T. Nash, Chief, additional information see the direct comments received will be addressed in Regulation Development Section, Air a subsequent final rule based on this final rule published in the rules section Toxics and Radiation Branch (AT–18J), of this Federal Register. proposed rule. The EPA will not EPA, Region 5, 77 West Jackson institute a second comment period on Dated: January 12, 1996. Boulevard, Chicago, Illinois 60604– this document. Any parties interested in Valdas V. Adamkus, 3590. commenting on this action should do so Regional Administrator. FOR FURTHER INFORMATION CONTACT: at this time. [FR Doc. 96–3085 Filed 2–12–96; 8:45 am] Kathleen D’Agostino, (312) 886–1767. DATES: Comments on this proposed rule BILLING CODE 6560±50±P SUPPLEMENTARY INFORMATION: For must be received in writing by March additional information, see the Direct 14, 1996. Final rule which is located in the Rules ADDRESSES: Written comments on this 40 CFR Part 52 section of this Federal Register. Copies action should be addressed to: Daniel A. [WI54±01±7000b; FRL±5416±3] of the request and the EPA’s analysis are Meer, Rulemaking Section (A–5–3), Air available for inspection at the following and Toxics Division, U.S. Approval and Promulgation of address: (Please telephone Kathleen Environmental Protection Agency, Implementation Plan; Wisconsin D’Agostino at (312) 886–1767 before Region IX, 75 Hawthorne Street, San visiting the Region 5 office.) EPA, Francisco, CA 94105–3901. AGENCY: Environmental Protection Region 5, Air and Radiation Division, 77 Agency (EPA). Copies of the rule revisions and EPA’s West Jackson Boulevard, Chicago, evaluation report of each rule are ACTION: Proposed rule. Illinois 60604–3590. available for public inspection at EPA’s SUMMARY: The EPA proposes to approve Authority: 42 U.S.C. 7401–7671q. Region IX office during normal business a revision to the Wisconsin State Dated: January 22, 1996. hours. Copies of the submitted rule Implementation Plan (SIP) for ozone Valdas V. Adamkus, revisions are also available for that was submitted on June 30, 1994, Regional Administrator. inspection at the following locations: and supplemented on July 15, 1994. [FR Doc. 96–3083 Filed 2–12–96; 8:45 am] California Air Resources Board, This revision consists of a volatile Stationary Source Division, Rule BILLING CODE 6560±50±P organic compound (VOC) regulation Evaluation Section, 2020 ‘‘L’’ Street, which establishes reasonably available Sacramento, CA 95812. control technology (RACT) for iron and 40 CFR Part 52 Kern County Air Pollution Control steel foundries. This regulation was District, 2700 M Street, Suite 290, submitted to address, in part, the [CA 140±5±7275b; FRL±5402±6] Bakersfield, CA 93301. Santa Barbara County Air Pollution requirement of section 182(b)(2)(C) of Approval and Promulgation of State the Clean Air Act (CAA or Act) that Control District, 26 Castilian Drive, B– Implementation Plans; California State 23, Goleta, CA 93117. States revise their SIPs to establish Implementation Plan Revision; Santa FOR FURTHER INFORMATION CONTACT: Mae RACT regulations for major sources of Barbara County Air Pollution Control VOCs for which the USEPA has not Wang, Rulemaking Section (A–5–3), Air District; Kern County Air Pollution and Toxics Division, U.S. issued a control technology guidelines Control District (CTG) document. In addition, emission Environmental Protection Agency, reductions resulting from this rule are AGENCY: Environmental Protection Region IX, 75 Hawthorne Street, San being used by the State to fulfill, in part, Agency (EPA). Francisco, CA 94105–3901, Telephone: the requirement of section 182(b)(1) of ACTION: Proposed rule. (415) 744–1200. the Act that States submit a plan which SUPPLEMENTARY INFORMATION: This provides for a 15 percent reduction in SUMMARY: EPA is proposing to approve document concerns Santa Barbara VOC emissions by 1996. In the final revisions to the California State County Air Pollution Control District rules section of this Federal Register, Implementation Plan (SIP) which (SBCAPCD) Rule 344, Petroleum 5528 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Proposed Rules

Sumps, Pits, and Well Cellars; Kern of additional information that has been government shutdown from December County Air Pollution Control District added to the docket. 15, 1995 until January 6, 1996, and from (KCAPCD) Rule 411, Storage of Organic DATES: EPA will accept public January 8 until January 12, 1996 due to Liquids; and KCAPCD Rule 413, comments on this proposed listing inclement weather. In addition, the Organic Liquid Loading. SBCAPCD Rule determination until March 21, 1996. Agency received five requests from 344 was submitted to EPA on January ADDRESSES: The public must send an interested parties to extend the 24, 1995, by the California Air original and two copies of their comment period. Therefore, EPA is Resources Board. KCAPCD Rule 411 and comments to EPA RCRA Docket Number extending the comment period until Rule 413 were both submitted on May F–94–DPLP–FFFFF, RCRA Information March 21, 1996. 25, 1995. For further information, please Center (5305W), U.S. EPA, 401 M Street New Information in Docket see the information provided in the SW., Washington, D.C. 20460. To hand- EPA added the following materials to direct final action which is located in deliver comments, or to review docket the docket based on suggestions from the Rules section of this Federal materials, the address is U.S. EPA, outside parties: Register. Crystal Gateway, First Floor, 1235 Authority: 42 U.S.C. 7401–7671q. Jefferson Davis Highway, Arlington, VA. (1) Preliminary Refinery Waste Questions, submitted by the Dated: December 15, 1995. The docket is open from 9 am to 4 pm, Environmental Defense Fund, dated David P. Howekamp, Monday through Friday, excluding Federal holidays. The public must make January 22, 1996; Acting Regional Administrator. (2) Summary of Meeting with EDF on [FR Doc. 96–2972 Filed 2–12–96; 8:45 am] an appointment to review docket materials by calling (703) 603–9230. The January 24, 1996; which includes a) BILLING CODE 6560±50±W public may copy material from any EPA’s responses to EDF’s January 22, regulatory docket at no cost for the first 1996, Preliminary Refinery Waste Questions; b) Discussion prepared by 40 CFR Parts 261, 271, and 302 100 pages, and at $0.15 per page for additional copies. EPA of the Presence of Bis(2-ethylhexyl) phthalate in Refinery Residuals dated [SWH-FRL±5421±7] FOR FURTHER INFORMATION CONTACT: For June 5, 1995; c) Listing of 1992 On-site technical information concerning this Land Treatment Units and On-site Extension of Comment Period for the notice, please contact Max Diaz, Office Landfills; d) Memoranda referencing Proposed Identification and Listing of of Solid Waste (5304), U.S. residual information used to conduct Hazardous Waste/Petroleum Refining Environmental Protection Agency, 401 the listing determination; e) Summary of M Street, SW, Washington, DC 20460, 1992 Petroleum Refining Data Base AGENCY: U.S. Environmental Protection (202) 260–4786. Listing Residuals-Volume and Agency. SUPPLEMENTARY INFORMATION: This Management Statistics; ACTION: Proposed rule; extension of proposed rule was issued under Section (3) Risk Assessment Modeling comment period; notice of data 3001(b) of RCRA. EPA proposed to list Questions, submitted by the American availability. certain wastes generated during the Petroleum Institute, dated December 13, refining of petroleum because these 1995; and SUMMARY: The U.S. Environmental wastes may pose a substantial present or (4) EPA’s responses to API’s Protection Agency (EPA or Agency) is potential risk to human health or the December 13, 1995, Risk Modeling extending the comment period for the environment when improperly Questions. EPA is anticipating proposed listing determination for the managed. See 60 FR 57747 (November additional meetings with interested petroleum refining industry, which 20, 1995) for a more detailed parties in the future; the docket will be appeared in the Federal Register on explanation of the proposed rule. updated accordingly. November 20, 1995(see 60 FR 57747). The public comment period for this Extension of Comment Period Dated: February 6, 1996. proposed rule was to end on February The comment period for this Michael Shapiro, 20, 1996. The purpose of this notice is proposed rule was scheduled to end on Director, Office of Solid Waste. to extend the comment period to end on February 20, 1996. However, the RCRA [FR Doc. 96–3198 Filed 2–12–96; 8:45 am] March 21, 1996, and to provide notice Docket was closed due to the partial BILLING CODE 6560±50±P 5529

Notices Federal Register Vol. 61, No. 30

Tuesday, February 13, 1996

This section of the FEDERAL REGISTER to those who have requested notice in Cleveland National Forest contains documents other than rules or writing and to those known to be Cleveland Forest Supervisor decisions: proposed rules that are applicable to the interested and affected by a specific public. Notices of hearings and investigations, San Diego Union-Tribune, San Diego, decision. California committee meetings, agency decisions and The legal notice is to identify the rulings, delegations of authority, filing of Descanso District Ranger decisions: petitions and applications and agency decision by title and subject matter; the San Diego Union-Tribune, San Diego, statements of organization and functions are date of the decision; the name and title California examples of documents appearing in this of the official making the decision; and Newspaper providing additional notice section. how to obtain copies of the decision. In of Palomar decisions: addition, the notice is to state the date Riverside Press Enterprise, Riverside, the appeal period begins is the day California DEPARTMENT OF AGRICULTURE following publication of the notice. Palomar District Ranger decisions: In addition to the principal Forest Service San Diego Union-Tribune, San Diego, newspaper listed for each unit, some California Forest Supervisors and District Rangers Newspapers Used for Publication of Trabuco District Ranger decisions: have listed newspapers providing Legal Notice of Appealable Decisions Orange County Register, Santa Ana, additional notice of their decisions. The for Pacific Southwest Region; California timeframe for appeal shall be based on California Newspaper providing additional notice the date of publication of the notice in of Trabuco decisions: AGENCY: Forest Service, USDA. the first (principal) newspaper listed for Riverside Press-Enterprise, Riverside, ACTION: Notice. each unit. California The newspapers to be used are as SUMMARY: This notice lists the follows: Eldorado National Forest newspapers that will be used by all Pacific Southwest Regional Office Eldorado Forest Supervisor decisions: ranger districts, forests, and the Mountain Democrat, Placerville, Regional Office of the Pacific Southwest Pacific Southwest Regional Forester California Region to publish legal notices of all decisions: Amador District Ranger decisions: decisions subject to appeal under 36 Sacramento Bee, Sacramento, Mountain Democrat, Placerville, CFR 215 and 217. The intended effect of California California this action is to inform interested Georgetown District Ranger decisions: members of the public which Angeles National Forest Mountain Democrat, Placerville, newspapers will be used to publish Angeles Forest Supervisor decisions: California legal notices of decisions, thereby Los Angeles Times, Los Angeles, Pacific District Ranger decisions: allowing them to receive constructive California Mountain Democrat, Placerville, notice of a decision, to provide clear Arroyo-Seco District Ranger decisions: California evidence of timely notice, and to Pasadena Star News, Pasadena, Placerville District Ranger decisions: achieve consistency in administering California Mountain Democra, Placerville, the appeals process. Newspaper providing additional notice California DATES: Publication of legal notices in of Arroyo-Seco decisions: the listed newspapers will begin with Daily News, Los Angeles, California Inyo National Forest decisions subject to appeal that are Mount Baldy District Ranger decisions: Inyo Forest Supervisor decisions: made on or after January 1, 1996. The Inland Valley Bulletin, Los Angeles, Inyo Register, Bishop, California list of newspapers will remain in effect California Mammoth District Ranger decisions: until January 1997 when another notice Newspaper providing additional notice Inyo Register, Bishop, California will be published in the Federal of Mount Baldy decisions: Mono Lake District Ranger decisions: Register. San Gabriel Valley Tribune, eastern Inyo Register, Bishop, California FOR FURTHER INFORMATION CONTACT: Sue San Gabriel Valley, California Mount Whitney District Ranger Danner, Regional Appeals Coordinator, Saugus District Ranger decisions: decisions: Pacific Southwest Region, 630 Sansome Daily News, Los Angeles, California Inyo Register, Bishop, California Street, San Francisco, CA 94111, phone: Newspaper providing additional notice White Mountain District Ranger (415) 705–2553. of Saugus decisions: decisions: SUPPLEMENTARY INFORMATION: On Antelope Valley Press, Palmdale, Inyo Register, Bishop, California November 4, 1993, 36 CFR Parts 215 California and 217 were published requiring Tujunga District Ranger decisions: Klamath National Forest publication of legal notice of decisions Daily News, Los Angeles, California Klamath Forest Supervisor decisions: subject to appeal. Sections 215.5 and Valyermo District Ranger decisions: Siskiyou Daily News, Yreka, 217.5 require notice published in the Antelope Valley Press, Palmdale, California Federal Register advising the public of California Happy Camp District Ranger decisions: the principal newspapers to be utilized Newspaper providing additional notice Siskiyou Daily News, Yreka, for publishing legal notices. This of Valyermo decisions: California newspaper publication of notices of Mountaineer Progress, Wrightwood, Goosenest District Ranger decisions: decisions is in addition to direct notice California Siskiyou Daily News, Yreka, 5530 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

California Upper Lake District Ranger decisions: Porterville Recorder, Porterville, Oak Knoll District Ranger decisions: Ukiah Daily Journal, Ukiah, California California Siskiyou Daily News, Yreka, Chico Tree Improvement Center Cannell Meadow District Ranger California Director decisions: decisions: Salmon River District Ranger decisions: Chico Enterprise-Record, Chico, Porterville Recorder, Porterville, Siskiyou Daily News, Yreka, California California California Modoc National Forest Greenhorn District Ranger decisions: Scott River District Ranger decisions: Porterville Recorder, Porterville, Siskiyou Daily News, Yreka, Modoc Forest Supervisor decisions: California California Modoc County Record, Alturas, Hot Springs District Ranger decisions: Ukonom District Ranger decisions: Modoc County, California Porterville Recorder, Porterville, Siskiyou Daily News, Yreka, Big Valley District Ranger decisions: California California Modoc County Record, Alturas, Hume Lake District Ranger decisions: Modoc County, California Porterville Recorder, Porterville, Lake Tahoe Basin Devil’s Garden District Ranger California Lake Tahoe Basin Forest Supervisor decisions: Tule River Ranger District decisions: decisions: Modoc County Record, Alturas, Porterville Recorder, Porterville, Tahoe Daily Tribune, So. Lake Tahoe, Modoc County, California California El Dorado County, California Doublehead District Ranger decisions: Modoc County Record, Alturas, Shasta-Trinity National Forest Lassen National Forest Modoc County, California Shasta-Trinity National Forest Lassen Forest Supervisor decisions: Newspaper providing additional notice decisions: Lassen County Times, Susanville, of Doublehead decisions: Record Searchlight, Redding, Shasta Lassen County, California Herald News, Klamath Falls, Oregon County, California Almanor District Ranger decisions: Warner Mountain District Ranger Big Bar District Ranger decisions: Chester Progressive, Plumas County, decisions: Record Searchlight, Redding, Shasta California Modoc County Record, Alturas, County, California Eagle Lake District Ranger decisions: Modoc County, California Hayfork District Ranger decisions: Lassen County Times, Susanville, Plumas National Forest Record Searchlight, Redding, Shasta Lassen County, California County, California Plumas Forest Supervisor decisions: Hat Creek District Ranger decisions: Feather River Bulletin, Quincy, McCloud District Ranger decisions: Intermountain News, Burney, Shasta California Record Searchlight, Redding, Shasta County, California Beckwourth District Ranger decisions County, California Newspaper providing additional notice (formerly Beckwourth and Milford Mount Shasta District Ranger decisions: of Hat Creek decisions: Ranger Districts): Record Searchlight, Redding, Shasta Mountain Echo, Fall River Mills, Portola Reporter, Portola, California County, California Shasta County, California Feather River District Ranger decisions Shasta Lake District Ranger decisions: Record Searchlight, Redding, Shasta Los Padres National Forest (formerly Oroville and La Porte Ranger Districts): County, California Los Padres Forest Supervisor decisions: Oroville Mercury Register, Oroville, Weaverville District Ranger decisions: Santa Barbara News Press, Santa California Record Searchlight, Redding, Shasta Barbara, California Mt. Hough District Ranger decisions County, California Ojai District Ranger decisions: (formerly Quincy and Greenville Yolla Bolla District Ranger decisions: Star Free Press, Ventura, California Ranger Districts): Record Searchlight, Redding, Shasta Monterey District Ranger decisions: Feather River Bulletin, Quincy, County, California Salinas Californian, Monterey, California California Sierra National Forest Mount Pinos District Ranger decisions: San Bernardino National Forest Sierra Forest Supervisor decisions: The Bakersfield Californian, Kern, San Bernardino Forest Supervisor Fresno Bee, Fresno, California California decisions: Kings River District Ranger decisions: Santa Barbara District Ranger decisions: San Bernardino Sun, San Bernardino, Fresno Bee, Fresno, California Santa Barbara News Press, Santa California Pineridge District Ranger decisions: Barbara, California Arrowhead District Ranger decisions: Frestno Bee, Fresno, California Santa Lucia District Ranger decisions: Mountain News, Blue Jay, California Mariposa District Ranger decisions: Telegram Tribune, San Luis Obispo, Big Bear District Ranger decisions: Fresno Bee, Fresno, California California Big Bear Life and Grizzly, Big Bear, Minarets District Ranger decisions: Fresno Bee, Fresno, California Mendocino National Forest California Cajon District Ranger decisions: Six Rivers National Forest Mendocino Forest Supervisor decisions: San Bernardino Sun, San Bernardino, Chico Enterprise-Record, Chico, California Six Rivers Forest Supervisor decisions: California San Gorgonio District Ranger decisions: Times Standard, Eureka, California Corning District Ranger decisions: Yucaipa News Mirror, Yucaipa, Gasquet District Ranger decisions: Chico Enterprise-Record, Chico, California Del Norte Triplicate, Crescent City, California San Jacinto District Ranger decisions: California Covelo District Ranger decisions: Idyllwild Town Center, Idyllwild, Lower Trinity District Ranger decisions: Ukiah Daily Journal, Ukiah, California California The Kourier, Willow Creek, California Stonyford District Ranger decisions: Mad River District Ranger decisions: Chico Enterprise-Record, Chico, Sequoia National Forest Times Standard, Eureka, California California Sequoia Forest Supervisor decisions: Orleans District Ranger decisions: Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5531

The Kourier, Willow Creek, California 18465). Change of Forest Plan direction DEPARTMENT OF COMMERCE in Regional Forester Forest Plan Stanislaus National Forest Amendments 1 and 2 invalidated the Office of the Secretary Stanislaus Forest Supervisor decisions: Five Points Timber Sales proposal. The [Docket No. 960129017±6017±01] The Union Democrat, Sonora, decision was made to postpone this California environmental analysis. This notice is RIN 0690±XX01 Calaveras District Ranger decisions: hereby rescinded. The Union Democrat, Sonora, Unfunded Mandates Reform Act; FOR FURTHER INFORMATION CONTACT: California Intergovernmental Consultation Groveland District Ranger decisions: Direct questions regarding this The Union Democrat, Sonora, Cancellation to Cindy Whitlock, AGENCY: Department of Commerce. California Resource Analyst, La Grande Ranger ACTION: Notice of proposed statement of Mi-Wok District Ranger decisions: District, 3502 Highway 30, La Grande, policy. The Union Democrat, Sonora, Oregon 97850, or phone (541) 496–3532. California Dated: February 5, 1996. SUMMARY: The Department of Commerce (DOC) is publishing its Proposed Summit District Ranger decisions: R.M. Richmond, Statement of Policy on The Union Democrat, Sonora, Forest Supervisor. California Intergovernmental Consultation under [FR Doc. 96–3147 Filed 2–12–96; 8:45 am] the Unfunded Mandates Reform Act of Tahoe National Forest BILLING CODE 3401±11±M 1995 for public comment. DOC’s Tahoe Forest Supervisor decisions: proposed policy reflects the guidelines Grass Valley Union, Grass Valley, and instructions the Director of the California Office of Management and Budget COMMISSION ON CIVIL RIGHTS Downieville District Ranger decisions: (OMB) provided to each agency to Mountain Messenger, Downieville, Agenda and Notice of Public Meeting develop an intergovernmental California of the Georgia Advisory Committee consultation process with regard to Foresthill District Ranger decisions: significant intergovernmental mandates Auburn Journal, Auburn, California Notice is hereby given, pursuant to contained in a notice of proposed Nevada City District Ranger decisions: the provisions of the rules and rulemaking with input from State, local, Grass Valley Union, Grass Valley, regulations of the U.S. Commission on and tribal officials. California Civil Rights, that a meeting of the DATES: Comments on this proposed Sierraville District Ranger decisions: Georgia Advisory Committee to the statement of policy are due on or before Mountain Messenger, Downieville, Commission will convene at 1:00 p.m. April 15, 1996. California and adjourn at 4:00 p.m. on March 8, ADDRESSES: Comments may be Newspapers providing additional notice 1996, at the offices of Kilpatrick & Cody, submitted to the Assistant General of Sierraville decisions: Conference Room, Suite 2800, 1100 Counsel for Legislation and Regulation, Sierra Booster, Loyalton, California Peachtree Street NE, Atlanta, Georgia U.S. Department of Commerce, HCHB Portola Recorder, Portola, California 30309. The purpose of this meeting is to Room 5876, 14th and Constitution Truckee District Ranger decisions: discuss current projects on the status of Avenue, N.W., Washington, D.C. 20230. Sierra Sun, Truckee, Nevada County, civil rights in Georgia, and on the FOR FURTHER INFORMATION CONTACT: California affirmative action and equal opportunity Newspaper providing additional notice Daniel Cohen, Attorney Advisor, at programs of the Atlanta Committee on (202) 482–4144. of Truckee decisions: the Olympic Games, and discuss civil Tahoe World, Tahoe City, Placer rights problems and/or progress in SUPPLEMENTARY INFORMATION: The County, California Georgia and the United States. President signed the Unfunded Mandates Reform Act of 1995 (the Act) Dated: February 1, 1996. Persons desiring additional into law as Public Law 104–4 on March James A. Lawrence, information, or planning a presentation 22, 1995. Section 204(a) of the Act Deputy Regional Forester. to the Committee, should contact requires each agency to develop, to the Committee Chairperson Elaine [FR Doc. 96–3146 Filed 2–12–96; 8:45 am] extent permitted by law, an effective Alexander, 404–233–8414, or Bobby D. BILLING CODE 3410±11±M process to permit timely input by Doctor, Director of the Southern elected officers (or their designees) of Regional Office, 404–730–2476 (TDD State, local, and tribal governments in Five Points Timber Sales and Related 404–730–2481). Hearing-impaired the development of a regulatory Projects, Wallowa-Whitman National persons who will attend the meeting proposal containing a proposed Forest, Union and Umatilla Counties, and require the services of a sign ‘‘significant intergovernmental Oregon language interpreter should contact the mandate’’ that is not a requirement Regional Office at least five (5) working specifically set forth in law. 2 U.S.C. AGENCY: Forest Service, USDA. days before the scheduled date of the 1531, 1534(a). A ‘‘significant ACTION: Cancellation Notice. meeting. intergovernmental mandate’’ under the SUMMARY: The Wallowa-Whitman The meeting will be conducted Act is any provision in a Federal agency National Forest gave notice that an pursuant to the provisions of the rules regulation that: (1) would impose an environmental impact statement would and regulations of the Commission. enforceable duty upon State, local, or be prepared for three timber sales and Dated at Washington, DC, February 5, tribal governments (except as a other related projects within the La 1996. condition of Federal assistance); and (2) Grande Ranger District. The Notice of Carol-Lee Hurley, may result in the expenditure by State, Intent was published in the January 2, Chief, Regional Programs Coordination Unit. local, and tribal governments, in the 1991, Federal Register (56 FR 13106) [FR Doc. 96–3090 Filed 2–12 –96; 8:45 am] aggregate, of $100 million (adjusted and revised April 30, 1992 (57 FR BILLING CODE 6335±01±P annually for inflation) in any one year. 5532 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

See 2 U.S.C. 658(5)(A)(i), 1532(a). DOC among other things, provides for notice guidelines and instructions of the does not believe it has regulations to to potentially affected small Director of the Office of Management which the Act applies, nor does it governments, if any, and for a and Budget (OMB). anticipate that the legal authorities meaningful and timely opportunity to II. Applicability under which it promulgates regulations provide input in the development of make future unfunded mandates, as regulatory proposals. The Act defines This Statement of Policy applies to defined in the Act, likely. Nonetheless, ‘‘small government’’ to mean any small the development of any regulation DOC publishes this notice and invites governmental jurisdiction defined in the (other than a regulation for a financial comments from State, local, and tribal Regulatory Flexibility Act, 5 U.S.C. assistance program) containing a governments, to conform fully with the 601(5), and any tribal government. 2 significant intergovernmental mandate spirit, intent and letter of the Act, and U.S.C. 658(11). under the Act. A significant to have in place a process for any Both the Act and the OMB guidelines intergovernmental mandate is a unfunded mandate which could affect and instructions imply that agencies mandate that: (1) would impose an the operations of the Department in the must make affirmative efforts to notify enforceable duty upon State, local, or future. State, local, and tribal officials in tribal governments (except as a Section 204(b) of the Act excepts addition to publishing a notice of condition of Federal assistance); and (2) intergovernmental communications in proposed rulemaking in the Federal may result in the expenditure by State, certain circumstances from the Register. Today’s proposed statement of local, and tribal governments, in the requirements of the Federal Advisory policy describes the extent and content aggregate, of $100 million (adjusted Committee Act, 5 U.S.C. App. Those of the pre-proposal notice and annually for inflation) in any one year. circumstances involve meetings: (1) opportunity to consult. DOC officials may apply this Statement exclusively between Federal officials The proposed policy differentiates of Policy selectively if there is a need for and State, local elected officials or their between State elected officials (or their immediate agency action that would designees; and (2) solely for the designees) on the one hand and local warrant waiver of prior notice and purposes of exchanging views, elected officials (or their designees) on opportunity for public comment under information, or advice relating to the other. DOC will attempt to send the Administrative Procedure Act, 5 Federal programs established pursuant notices to the former, but the latter are U.S.C. 553. so numerous that DOC proposes to give to a statute that explicitly or inherently III. Intergovernmental Consultation provides for sharing intergovernmental notice through appropriate associations responsibilities or administration. 2 who represent local governments, and When to begin. As early as practicable U.S.C. 1534(b). through the Federal Register. in the development of a notice of Section 204(c) of the Act requires the The Act requires agencies to estimate proposed rulemaking (for other than a President to issue guidelines and the dollar impact of prospective Federal financial assistance program) that instructions for implementing sections mandates to determine whether they involves an enforceable duty on State, 204 (a) and (b). 2 U.S.C. 1534(c). This exceed the $100 million annual local, or tribal governments, the authority was delegated to the Director threshold, and therefore are responsible Secretarial Officer, in of OMB who published the guidelines ‘‘significant,’’ as defined in the Act. The consultation with the Office of the and instructions on September 29, 1995 Act requires adjustment of the $100 General Counsel, should estimate (60 FR 50651). million figure for inflation in years after whether the aggregate compliance Paragraph I of the OMB guidelines 1995, but it is silent on: (1) how to expenditures will be in the amount of and instructions provides that each adjust for inflation; and (2) whether and $100 million or more in any one year. agency develop, in consultation with how to adjust estimated future In making such an estimate, the State, local, and tribal governments, the expenditures for the time value of Secretarial Officer should adjust the intergovernmental consultation process money. Under the proposed policy, $100 million figure in years after 1995 required by section 204(a) of the Act. DOC would adjust for inflation using using the rate of inflation in the Annual Paragraph I also calls for agencies to the figures provided in the Annual Report of the President’s Council of develop the process by making a Report of the President’s Council of Economic Advisers, and should proposal for comments by State, local Economic Advisers, and discount to discount estimated future expenditures and tribal governments. Accordingly, present value using OMB Circular A–94 to present value, using the discount rate DOC is sending copies of today’s which currently provides for 7 percent under OMB Circular A–94. proposed statement of policy to a list of as a discount rate for government-wide Content of notice. Upon determining elected State and local officials and of use. that a proposed regulatory mandate on State, local, or tribal governments may associations representing State and local Dated: January 30, 1996 governments compiled by the Deputy be a significant intergovernmental Jane Bobbitt, Assistant Secretary for mandate, the Secretarial Officer Assistant Secretary for Legislative and responsible for the rulemaking should Intergovernmental Affairs. To ensure Intergovernmental Affairs. that all such officials have the provide adequate notice to pertinent opportunity to participate and because Based of the foregoing, DOC proposes government officials: (1) describing the there may be wider interest in DOC’s this Statement of Policy: nature and authority for the rulemaking; process for intergovernmental Statement of Policy on the Process for (2) explaining DOC’s estimate of the consultation under the Act, DOC is also Intergovernmental Consultation Under resulting increase in their governmental publishing this notice for public the Unfunded Mandates Reform Act of expenditure level; (3) inviting them to comment. 1995 participate in developing the notice of Section 203 of the Act supplements proposed rulemaking by participating in section 204(a). 2 U.S.C. 1533. It requires I. Purpose meetings with DOC or by presenting that, prior to establishing regulatory This Statement of Policy implements their views in writing on the likely requirements that might significantly or sections 203 and 204 of the Unfunded effects of the regulatory requirement or uniquely affect small governments, the Mandates Reform Act of 1995 (Act), 2 legally available policy alternatives that agency shall have developed a plan that, U.S.C. 1533, 1534, consistent with the DOC should take into account. If the Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5533 authorizing statute for a rule requires should describe the estimated impact of control program and strategic publication of an advance notice of such a mandate, the assumptions criteria related thereto. proposed rulemaking, then those underlying its calculation, and the The General Session of the meeting content requirements may be addressed resulting determination of whether the will be open to the public and a limited in that advance notice. rulemaking involves a significant number of seats will be available. To the How to notify State and tribal intergovernmental mandate. It should extent that time permits, members of the officials. With respect to State and tribal discuss, as appropriate, cost and benefit public may present oral statements to governments, Secretarial Officers should estimates and any reasonable the Committee. Written statements may give notice by letter, making use of suggestions received during prior be submitted at any time before or after mailing lists maintained by the Deputy intergovernmental consultations. Any the meeting. However, to facilitate Assistant Secretary for substantive pre-notice written distribution of public presentation Intergovernmental Affairs, that includes, communications on the proposed materials to the Committee members, among others, elected chief executives rulemaking should be described in the the Committee suggests that presenters (or their designees), the National Supplementary Information, and should forward the public presentation Governors Association, and the National be made available for inspection in the materials two weeks prior to the Conference of State Legislatures. The Central Reference and Records Facility, meeting date to the following address: Secretarial Officer should also publish a Room 6204, Herbert Clark Hoover Ms. Lee Ann Carpenter, OAS/EA/BXA— notice in the Federal Register. Building, 14th and Constitution Room 3886C, U.S. Department of How to notify local officials. With Avenue, N.W., Washington, D.C. 20230. Commerce, Washington, D.C. 20230. respect to local governments, the The final rule should contain a response The Assistant Secretary for Secretarial Officer should provide to significant comments received. Administration, with the concurrence of notice through the Federal Register and Reporting. Pursuant to OMB the General Counsel, formally by letter to the following associations: guidelines and instructions, the DOC determined on December 13, 1995, the National League of Cities, the Office of the General Counsel, with pursuant to section 10(d) of the Federal National Association of Counties, and assistance from the Secretarial Officers, Advisory Committee Act, as amended, the U.S. Conference of Mayors. If a will prepare the annual report to OMB that the series of meetings of the significant intergovernmental mandate on compliance with the Committee and of any Subcommittees might affect local governments in a intergovernmental consultation thereof, dealing with the classified limited area of the United States, the requirements of the Act (initially due on materials listed in 5 U.S.C. 552b(c)(1) Secretarial Officer, in consultation with January 15, 1996, and annually on that shall be exempt from the provisions the Deputy Assistant Secretary for date thereafter). relating to public meetings found in Intergovernmental Affairs, should, if [FR Doc. 96–3113 Filed 2–12–96; 8:45 am] section 10(a)(1) and (a)(3), of the Federal practicable, give notice by letter to Advisory Committee Act. The remaining BILLING CODE 3510±GB±P appropriate local officials. series of meetings or portions thereof Exemption from the Federal Advisory will be open to the public. Committee Act. Secretarial Officers are Bureau of Export Administration A copy of the Notice of Determination encouraged to meet with elected to close meetings or portions of officials (or their designees) to exchange Sensors and Instrumentation meetings of the Committee is available views, information, and advice Technical Advisory Committee; Notice for public inspection and copying in the concerning the implementation of of Partially Closed Meeting Central Reference and Records intergovernmental responsibilities or Inspection Facility, Room 6020, U.S. administration. Meetings for this A meeting of the Sensors Technical Department of Commerce, Washington, purpose that do not include other Advisory Committee will be held March D.C. 20230. For further information or members of the public are exempt from 7, 1996, 9:00 a.m., in the Herbert C. copies of the minutes, contact Lee Ann the Federal Advisory Committee Act. 2 Hoover Building, Room 1617M(2), 14th Carpenter on (202) 482–2583. U.S.C. 1534(b). Street between Constitution and Small government consultation plan. Pennsylvania Avenues, N.W., Dated: February 7, 1996. If the proposed regulatory requirements Washington, D.C. The Committee Lee Ann Carpenter, might significantly or uniquely affect advises the Office of the Assistant Director, Technical Advisory Committee Unit. small governments, as defined in the Secretary for Export Administration [FR Doc. 96–3204 Filed 2–12–96; 8:45 am] Regulatory Flexibility Act, 5 U.S.C. with respect to technical questions that BILLING CODE 3510±DT±M § 601(5), then the Secretarial Officer affect the level of export controls should summarize the agency’s plan for applicable to sensors and related intergovernmental consultation under equipment and technology. International Trade Administration section 203 of the Act in the Supplementary Information section of Agenda Notice of Scope Rulings the notice of proposed rulemaking. General Session AGENCY: Import Administration, Unless impracticable, the plan should 1. Opening remarks by the Chairman. International Trade Administration, provide for notice by letter to 2. Presentation of papers or comments Department of Commerce. potentially affected small governments. by the public. ACTION: Notice of Scope Rulings and Documenting compliance. The 3. Discussion on Executive Order on Anticircumvention Inquiries. Supplementary Information section of licensing processing. any notice of proposed and final 4. Discussion on Export Administration SUMMARY: The Department of Commerce rulemaking involving a significant Regulations reform. (the Department) hereby publishes a list intergovernmental mandate should of scope rulings and anticircumvention describe DOC’s determinations and Executive Session inquiries completed between October 1, compliance activities under the Act. 5. Discussion of matters properly 1995, and December 31, 1995. In The Supplementary Information section classified under Executive Order conjunction with this list, the of the notice of proposed rulemaking 12958, dealing with the U.S. export Department is also publishing a list of 5534 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices pending requests for scope clarifications 24/95. IV. Anticircumvention Inquiries and anticircumvention inquiries. The Benkan America, Inc. and Benkan Terminated Between October 1, 1995 Department intends to publish future UCT Corporation (Benkan)—sleeves and December 31, 1995 lists within 30 days of the end of each of clean vacuum couplings (CVCs) Country: Germany quarter. and super-clean microfittings EFFECTIVE DATE: February 13, 1996. (SCMs) manufactured by Benkan A–428–811—Hot-Rolled Lead and FOR FURTHER INFORMATION CONTACT: are outside the scope of the order. Bismuth Carbon Steel Products Ronald M. Trentham, Office of 10/24/95. Inland Steel Bar Company and USS Antidumping Compliance, Import A–588–809—Small Business Telephone Kolbe Steel Company— Administration, International Trade Systems and Subassemblies and Anticircumvention inquiry to Administration, U.S. Department of Parts Thereof determine whether a producer of Iwatsu America, Inc. and Iwatsu Commerce, 14th Street and Constitution steel in Germany is circumventing Electric Co.—certain dual use Avenue NW., Washington, DC. 20230; the antidumping duty order by subassemblies (a caller ID trunk telephone: (202) 482–4793. shipping leaded steel billets to its unit and a station interface circuit wholly-owned subsidiary in the Background card) are outside the scope of the Netherlands, hot-rolling the billets The Department’s regulations (19 CFR order. 11/3/95. into bars and rods, and then exporting them to the United States. 353.29(d)(8) and 355.29(d)(8)) provide II. Anticircumvention Rulings Anticircumvention inquiry that on a quarterly basis the Secretary Completed Between October 1, 1995, terminated on 10/5/95. will publish in the Federal Register a and December 31, 1995 list of scope rulings completed within V. Pending Scope Clarification Requests Country: Japan the last three months. as of December 31, 1995 This notice lists scope rulings and A–588–602—Carbon Steel Butt-Weld anticircumvention inquiries completed Pipe Fittings Country: Mexico between October 1, 1995, and December U.S. Fittings Group— A–201–802—Gray Portland Cement and 31, 1995, and pending scope Anticircumvention inquiry to Cement Clinker clarification and anticircumvention determine whether a producer of Cementos de Chihuahua S.A. de C.V. inquiry requests. The Department carbon steel butt-weld pipe fittings and Mexcement, Inc.—Clarification intends to publish in April 1996 a in Japan is circumventing the to determine whether masonry notice of scope rulings and antidumping duty order by cement is within the scope of the anticircumvention inquiries completed shipping parts to Thailand for order. between January 1, 1996, and March 31, processing and importing the A–201–805—Circular Welded Non- 1996, as well as pending scope finished product into the United Alloy Steel Pipe clarification and anticircumvention States. Negative final determination Allied Tube & Conduit Corp., inquiry requests. of circumvention published 11/27/ American Tube Co., Century Tube The following lists provide the 95. Corp., CSI Tubular Productions, country, case reference number, III. Scope Inquiries Terminated Inc., Laclede Steel Co., LTV Tubular requester(s), and a brief description of Between October 1, 1995 and December Productions Co., Sawhill Tubular either the ruling or product subject to 31, 1995 Division, Sharon Tube Co., Tex- the request. Tube Division, Western Tube & Country: Canada I. Scope Rulings Completed Between Conduit Corp., Wheatland Tube October 1, 1995, and December 31, 1995 A–122–823—Certain Cut-to-Length Co.—Clarification to determine Carbon Steel Plate whether pipe produced to API 5L Country: Sweden Sidbec-Dosco Inc., and Canberra line pipe specifications or to both A–401–040—Stainless Steel Plate Industries—Clarification to ASTM A–53 standard pipe Armco, Inc., G.O. Carlson, Allegheny determine whether hot-rolled specification and the API 5L line Ludlum Corp., and Washington carbon steel plate containing little pipe specification (dual-certified Steel Corp.—Stavax, Ramax, and or no Cobalt 60 is within the scope pipe), when intended for use as 904 L when forged are within the of the order. Scope inquiry standard pipe or when actually scope of the order. 11/2/95. terminated on 11/6/95. used as standard pipe, is within the scope of the order. Affirmative Country: Japan Country: Japan preliminary scope ruling issued on A–588–405—Cellular Mobile A–588–029—Fishnetting of Man Made January 13, 1994. Telephones and Subassemblies Fiber Tubacero International Corporation— Matsushita Communications Trans-Pacific Trading, Inc.— Clarification to determine whether Industrial Corporation of America Clarification to determine whether circular welded carbon steel piping, and its related entities—the salmon gill fish netting of man- 16 inches in outside diameter with Matsushita EB–H70, EB–H705, EB– made fibers are within the scope of 3/8 inch wall thickness, for use in H7071, and EB–H7075 portable the order. Scope inquiry terminated extremely heavy load bearing cellular telephones (PCTs) are on 11/6/95. applications, is within the scope of outside the scope of the order. 10/ A–588–405—Cellular Mobile the order. 24/95. Telephones and Subassemblies A–588–702—Stainless-Steel Butt-Weld TDK Corporation of America— Country: Venezuela Pipe Fittings Clarification to determine whether A–307–805—Circular Welded Non- Daido Steel Co., Ltd.—primet joint duplexers, voltage control Alloy Steel Pipe metal seal fittings and primet joint oscillators, and isolators are within Self-initiation. Clarification to weld fittings produced by Daido are the scope of the order. Scope determine whether pipe produced outside the scope of the order. 10/ inquiry terminated on 10/26/95. to API 5L line pipe specifications or Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5535

to both ASTM A–53 standard pipe Wheatland Tube Company, Laclede Co.—Clarification to determine specification and the API 5L line Steel Company, Sharon Tube whether pipe produced to API 5L pipe specification (dual-certified Company, and Sawhill Tubular line pipe specifications or to both pipe), when intended for use as Division of Armco, Inc.— ASTM A–53 standard pipe standard pipe or when actually Clarification to determine whether specification and the API 5L line used as standard pipe, is within the pipe and tube which meets the pipe specification (dual-certified scope of the order. Affirmative order’s physical specifications, pipe), when intended for use as preliminary scope ruling issued on when intended for or actually used standard pipe or when actually January 13, 1994. as standard pipe and tube, is used as standard pipe, is within the included within the scope of the scope of the order. Affirmative Country: Brazil order. preliminary scope ruling issued on A–351–809—Circular Welded Non- January 13, 1994. Alloy Steel Pipe Country: Singapore Country: Taiwan Allied Tube & Conduit Corp., A–559–801—Antifriction Bearings American Tube Co., Century Tube (Other Than Tapered Roller A–583–810—Chrome-Plated Lug Nuts Corp., CSI Tubular Productions, Bearings) and Parts Thereof Consolidated International Inc., Laclede Steel Co., LTV Tubular Rockwell International Corporation— Automotive, Inc.—Clarification to Productions Co., Sawhill Tubular Clarification to determine whether determine whether certain nickel- Division, Sharon Tube Co., Tex- an automotive component known as plated lug nuts are within the scope Tube Division, Western Tube & a cushion suspension unit (or of the order. Conduit Corp., Wheatland Tube cushion assembly unit or bearing Country: Japan Co.—Clarification to determine assembly) is within the scope of the A–588–055—Acrylic Sheet from Japan whether pipe produced to API 5L order. Sumitomo Chemical Co., Ltd.— line pipe specifications or to both Country: People’s Republic of China Clarification to determine whether ASTM A–53 standard pipe A–570–504—Petroleum Wax Candles Sumielec, an acrylic based specification and the API 5L line antistatic material, is within the pipe specification (dual-certified Mervyn’s—Clarification to determine whether a candle, article no. 20172, scope of the order. pipe), when intended for use as A–588–405—Cellular Mobile in the shape of a cube is within the standard pipe or when actually Telephones and Subassemblies used as standard pipe, is within the scope of the order. Matsushita Communication Industrial Enesco Corporation—Clarification to scope of the order. Affirmative Corporation and related entities— determine whether 10 styles of preliminary scope ruling issued on Clarification to determine whether January 13, 1994. candles imported from the PRC are Panasonic portable cellular A–351–817, C–351–818—Certain Cut- within the scope of the order. telephone (PCT) hands-free device, Midwest of Cannon Falls— to-Length Carbon Steel Plate model number EB–HF7002, is Clarification to determine whether Wirth Limited—Clarification to within the scope of the order. determine whether profile slabs 7 styles of candles imported from A–588–702—Stainless Steel Butt-Weld produced by Companhia the PRC are within the scope of the Pipe Fittings Siderurgica de Tubarao and order. Benkan America, Inc. and Benkan imported by Wirth Limited are A–570–808—Chrome-Plated Lug Nuts UCT Corporation—Clarification to within the scope of the order. Consolidated International determine whether the superclean Automotive, Inc.—Clarification to Country: France fittings (SCFs) manufactured by determine whether certain nickel- Benkan UCT are within the scope of A–427–078—Sugar plated lug nuts are within the scope the order. Boiron-Borneman, Inc.—Clarification of the order. A–588–802—31⁄2′′ Microdisks to determine whether manufactured Wheel Plus, Inc.—Clarification to TDK Inc., TDK Electronics Co.— homeopathic sugar pellets are determine whether imported zinc- Clarification to determine whether within the scope of the finding. plated lug nuts which are chrome- certain web roll media are within plated in the United States are Country: Germany the scope of the order. within the scope of the order. A–588–804—Antifriction Bearings A–428–801—Antifriction Bearings A–570–820—Certain Compact Ductile (Other Than Tapered Roller (Other Than Tapered Roller Iron Waterworks (CDIW) Fittings Bearings), and Parts Thereof Bearings) and Parts Thereof and Glands Dana Corporation—Clarification to Marquardt Switches—Clarification to Star Pipe Products, Inc.—Clarification determine whether an automotive determine whether certain medium to determine whether ‘‘retainer component known variously as a carbon steel balls are within the glands’’ are within the scope of the center bracket assembly, center scope of the order. order. bearing assembly, support bracket, Enkotec Company, Inc.—Clarification or shaft support bearing, is within Country: Korea to determine whether the ‘‘main the scope of the order. bearings’’ imported for A–580–809—Circular Welded Non- Rockwell International Corporation— incorporation into Enkotec Rotary Alloy Steel Pipe Clarification to determine whether Nail Machines are slewing rings Allied Tube & Conduit Corp., an automotive component known as and, therefore, outside the scope of American Tube Co., Century Tube a cushion suspension unit (or the order. Corp., CSI Tubular Productions, cushion assembly unit or center Inc., Laclede Steel Co., LTV Tubular bearing assembly) is within the Country: Turkey Productions Co., Sawhill Tubular scope of the order. A–489–501—Welded Carbon Steel Division, Sharon Tube Co., Tex- A–588–807—Industrial Belts and Standard Pipe and Tube Products Tube Division, Western Tube & Components and Parts Thereof, Allied Tube and Conduit Corporation, Conduit Corp., Wheatland Tube Whether Cured or Uncured 5536 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Honda Power Equipment DATES: See SUPPLEMENTARY INFORMATION ACTION: Notice of public meetings. Manufacturing Inc. (HPE)— for meeting dates and times. Clarification to determine whether ADDRESSES: See SUPPLEMENTARY SUMMARY: The Mid-Atlantic Fishery certain belts HPE imports from INFORMATION for location of listening Management Council (Council), together Japan for use in manufacturing phones. with the Atlantic States Marine lawn tractors and riding lawn Council Address: Gulf of Mexico Fisheries Commission’s (ASFMC) mowers are within the scope of the Fishery Management Council, 5401 Summer Flounder Board, the Surfclam order. West Kennedy Boulevard, Suite 331, and Ocean Quahog Committee, and the A–588–809—Small Business Telephone Tampa, FL 33609 Industry Advisory Subcommittee, will Systems and Subassemblies and FOR FURTHER INFORMATION CONTACT: hold public meetings. Parts Thereof Wayne E. Swingle, Executive Director; Iwatsu America, Inc. and Iwatsu telephone: 813–228–2815. DATES: The meetings will be held on Electric Co.—Clarification to February 20–22, 1996. SUPPLEMENTARY INFORMATION: The determine whether certain dual use purpose of this meeting is to consider subassemblies (central processing ADDRESSES: The meetings will be held at emergency action to reduce the units and read-only-memory units) the Sheraton Inn Resort and Conference commercial size limit for red snapper are within the scope of the order. Center, 6821 Black Horse Pike, W. A–588–810—Mechanical Transfer from 15 inches (38.10 cm) to 14 inches Atlantic City, NJ; telephone: 1–800– Presses (35.56 cm) (total length). This action is 782–9237. Komatsu Ltd.—Clarification to being considered due to delays in implementing two other amendments Council Address: Mid-Atlantic determine whether certain Fishery Management Council, 300 S. mechanical transfer press parts that proposed to make this change. These delays resulted from the budget New Street, Dover, DE 19901; telephone: exported from Japan are within the 302–674–2331. scope of the order. furlough of Federal employees. A–588–815—Gray Portland Cement and The conference call is scheduled for FOR FURTHER INFORMATION CONTACT: Clinker February 15, 1996 beginning at 10:00 David R. Keifer, Executive Director; Surecrete, Inc.—Clarification to a.m. e.s.t./9:00 a.m. c.s.t. telephone: 302–674–2331. determine whether New Super Fine Listening phones will be located at Cement manufactured by Nittetsu each of the following locations: SUPPLEMENTARY INFORMATION: The Cement Co., Ltd., is within the NMFS Southeast Regional Office, Surfclam and Ocean Quahog Committee scope of the order. 9721 Executive Center Drive North, St. will meet on February 20, from 1:00 Petersburg, FL; telephone: 813–570– p.m. to 4:00 p.m. The Demersal Species VI. Pending Anticircumvention 5335; Committee together with the ASMFC’s Inquiries as of December 31, 1995 NMFS Panama City Laboratory, 3500 Summer Flounder Board will meet None. Delwood Beach Road, Panama City, FL; February 21, from 8:00 a.m. until 12 Interested parties are invited to telephone: 904–234–6541; noon. The Council will meet from 1:00 comment on the accuracy of the list of NMFS Pascagoula Laboratory, 3209 p.m. to 5:00 p.m. The Council will meet pending scope clarification requests. Fredrick Street, Pascagoula, MS; February 22, from 8:00 a.m. until 12 telephone: 601–762–4591; Any comments should be submitted to noon. Main agenda items for this NMFS Galveston Laboratory, 4700 the Assistant Secretary for Import meeting are to review overfishing Administration, International Trade Avenue U, Galveston, TX; telephone: definitions for surfclams and ocean Administration, Room B–099, U.S. 409–766–3500; quahogs and discuss alternatives for Department of Commerce, 14th Street Community Center, Louisiana Amendment 9 to the Summer Flounder and Constitution Avenue, NW., Highway 1, Grand Isle, LA; telephone: Washington, DC 20230. 504–787–2163. Plan. Dated: February 5, 1996. Special Accommodations Special Accommodations Joseph A. Spetrini, Requests for sign language This meeting is physically accessible Deputy Assistant Secretary for Compliance. interpretation or other auxiliary aids to people with disabilities. Requests for [FR Doc. 96–3202 Filed 2–12–96; 8:45 am] should be directed to Anne Alford at the sign language interpretation or other BILLING CODE 3510±DS±P Council (see ADDRESSES) at least 5 days auxiliary aids should be directed to prior to the meeting date. Joanna Davis at least 5 days prior to the National Oceanic and Atmospheric Dated: February 7, 1996. meeting dates. Richard W. Surdi, Administration Dated: February 6, 1996. Acting Director, Office of Fisheries Richard W. Surdi, [I.D. 020596C] Conservation and Management, National Marine Fisheries Service. Acting Director, Office of Fisheries Gulf of Mexico Fishery Management [FR Doc. 96–3111 Filed 2–12–96; 8:45 am] Conservation and Management, National Council; Public Meeting Marine Fisheries Service. BILLING CODE 3510±22±F [FR Doc. 96–3088 Filed 2–12–96; 8:45 am] AGENCY: National Marine Fisheries BILLING CODE 3510±22±F Service (NMFS), National Oceanic and [I.D. 013196B] Atmospheric Administration (NOAA), Commerce. Mid-Atlantic Fishery Management ACTION: Notice of public meeting. Council; Meetings SUMMARY: The Gulf of Mexico Fishery AGENCY: National Marine Fisheries Management Council (Council) will Service (NMFS), National Oceanic and convene a public meeting via Atmospheric Administration (NOAA), conference call on February 15, 1996. Commerce. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5537

COMMITTEE FOR THE Implementation of Textile Agreements, received in response to this notice IMPLEMENTATION OF TEXTILE which include man-made fiber textile before requesting approval of this AGREEMENTS products in part-Categories 647–W and 669– collection of information from the Office P, produced or manufactured in various of Management and Budget. countries and imported into the United Amendment of Coverage of Import DATES: Written comments must be Limits and Visa and Certification States on and after January 1, 1996. Also, this directive amends, but does not received by the Office of the Secretary Requirements for Certain Part- cancel, all directives establishing visa and not later than April 15, 1996. Categories Produced or Manufactured certification requirements for part-Categories ADDRESSES: Written comments should in Various Countries 647–W and 669–P for which visa be captioned ‘‘Residential Garage Door arrangements are in place with the February 7, 1996. Operators’’ and mailed to the Office of Government of the United States. the Secretary, Consumer Product Safety AGENCY: Committee for the Effective on February 14, 1996, you are Implementation of Textile Agreements directed to make the changes shown below Commission, Washington, DC 20207, or (CITA). in the aforementioned directives for goods delivered to that office, room 502, 4330 East West Highway, Bethesda, ACTION: Issuing a directive to the entered in the United States for consumption Maryland. Commissioner of Customs amending or withdrawn from warehouse for consumption on and after January 1, 1996 for FOR FURTHER INFORMATION CONTACT: For coverage for import limits and visa and part-Categories 647–W and 669–P, regardless certification requirements. information about the proposed request of the date of export: for approval of the collection of EFFECTIVE DATE: February 14, 1996. information, or to obtain a copy of 16 Obsolete num- FOR FURTHER INFORMATION CONTACT: Lori Category ber New number CFR Part 1211, call or write Nicholas V. E. Mennitt, International Trade Marchica, Director, Office of Planning Specialist, Office of Textiles and 647±W 6203.49.2010 6203.49.2015. and Evaluation, Consumer Product Apparel, U.S. Department of Commerce, 6203.49.2040 6203.49.2045. Safety Commission, Washington, DC (202) 482–3400. 669±P 6305.31.0010 6305.32.0010. 20207; telephone (301) 504–0416, 6305.33.0010. extension 2243. SUPPLEMENTARY INFORMATION: 6305.31.0020 6305.32.0020. SUPPLEMENTARY INFORMATION: 6305.33.0020. In 1990, Authority: Executive Order 11651 of March Congress enacted legislation requiring 3, 1972, as amended; section 204 of the Agricultural Act of 1956, as amended (7 The Committee for the Implementation of residential garage door operators to U.S.C. 1854). Textile Agreements has determined that comply with the provisions of a these actions fall within the foreign affairs standard published by Underwriters To facilitate implementation of the exception to the rulemaking provisions of 5 Laboratories to protect against Uruguay Round Agreements Act and the U.S.C.553(a)(1). entrapment. The Consumer Product Uruguay Round Agreement on Textiles Sincerely, Safety Improvement Act of 1990 (the and Clothing (ATC), and textile Troy H. Cribb, Improvement Act) (Pub. L. 101–608, 104 agreements and export visa Chairman, Committee for the Implementation Stat. 3110) includes requirements that arrangements based upon the of Textile Agreements. residential garage door operators Harmonized Tariff Schedule (HTS), for [FR Doc.96–3203 Filed 2–12–96; 8:45 am] manufactured on or after January 1, goods entered into the United States for BILLING CODE 3510±DR±F 1993, must comply with the entrapment consumption or withdrawn from protection provisions in UL Standard warehouse for consumption on and after 325 in effect on or before January 1, January 1, 1996 for part-Categories 647– 1992. The entrapment protection W and 669–P, regardless of the date of CONSUMER PRODUCT SAFETY COMMISSION requirements of UL Standard 325 are export, certain HTS classification codified as the Safety Standard for numbers are being changed on all Request for Comments Concerning Automatic Residential Garage Door import controls and on all visa and Proposed Request for Approval of a Operators, 16 CFR Part 1211. certification arrangements for countries Collection of InformationÐSafety with these part-categories. These A. Certification Requirements Standard for Automatic Residential changes were published in the 1996 Garage Door Operators The Improvement Act provides that Harmonized Tariff Schedule. UL Standard 325 shall be considered to The changes in the HTS numbers will AGENCY: Consumer Product Safety be a consumer product safety standard be reflected in the 1996 CORRELATION: Commission. issued by the Consumer Product Safety Textile and Apparel Categories with the ACTION: Notice. Commission under section 9 of the Harmonized Tariff Schedule of the Consumer Product Safety Act (CPSA) United States (see 60 FR 65299, SUMMARY: As required by the Paperwork (15 U.S.C. 2058). Section 14(a) of the published on December 19, 1995). Reduction Act (44 U.S.C. Chapter 35), CPSA (15 U.S.C. 2063(a)) requires Troy H. Cribb, the Consumer Product Safety manufacturers, importers, and private Chairman, Committee for the Implementation Commission requests comments on a labelers of a consumer product subject of Textile Agreements. proposed request for approval of a to a consumer product safety standard Committee for the Implementation of Textile collection of information from to issue a certificate stating that the Agreements manufacturers and importers of product complies with all applicable February 7, 1996. residential garage door operators. The consumer product safety standards. collection of information consists of Commissioner of Customs, Section 14(a) of the CPSA also requires Department of the Treasury, Washington, DC testing and recordkeeping requirements that the certificate of compliance must 20229. in certification regulations be based on a test of each product or Dear Commissioner: This directive implementing the Safety Standard for upon a reasonable testing program. amends, but does not cancel, all monitoring Automatic Residential Garage Door Section 14(b) of the CPSA (15 U.S.C. and import control directives issued to you Operators (16 CFR Part 1211). The 2063(b)) authorizes the Commission to by the Chairman, Committee for the Commission will consider all comments issue regulations to prescribe a 5538 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices reasonable testing program to support approximately $1,200 per year. Thus, related to the Defense Partnership certificates of compliance with a the total annual burden imposed by the Council Plan of Action. consumer product safety standard. certification regulations on all DATES: The meeting is to be held Section 14(b) of the CPSA allows firms manufacturers and importers of garage Wednesday, March 6, 1996, in room which are required to issue certificates door operators is about $16,800. 1E801, Conference Room 7, the of compliance to use an independent During a typical year, the Commission Pentagon, from 1:00 p.m. until 3:00 p.m. third-party organization to conduct the will expend approximately one week of Comments should be received by March testing required to support the professional staff time reviewing records 1, 1996, in order to be considered at the certificate of compliance. required to be maintained by the March 6 meeting. Section 16(b) of the CPSA (15 U.S.C. certification regulations for residential ADDRESSES: We invite interested 2065(b)) authorizes the Commission to garage door operators. The annual cost persons and organizations to submit issue rules to require establishment and to the Federal government of the written comments or recommendations. maintenance of records necessary to collection of information in these Mail or deliver your comments or implement the CPSA or determine regulations is estimated to be $1,400. recommendations to Mr. Kenneth compliance with rules issued under the Oprisko at the address shown below. authority of the CPSA. On December 22, C. Request for Comments Seating is limited and available on a 1992, the Commission issued rules The Commission solicits written first-come, first-served basis. prescribing requirements for a comments from all interested persons Individuals wishing to attend who do reasonable testing program to support about the proposed request for approval not possess an appropriate Pentagon certificates of compliance with the of the collection of information in the building pass should call the below Safety Standard for Automatic certification and recordkeeping listed telephone number to obtain Residential Garage Door Operators (57 regulations for residential garage door instructions for entry into the Pentagon. FR 60449). These regulations also operators. The Commission specifically Handicapped individuals wishing to require manufacturers, importers, and solicits information about the hourly attend should also call the below listed private labelers of residential garage burden and monetary costs imposed by telephone number to obtain appropriate door operators to establish and maintain the collection of information on firms accommodations. records to demonstrate compliance with subject to this collection of information. the requirements for testing to support The Commission also seeks information FOR FURTHER INFORMATION CONTACT: certification of compliance. 16 CFR Part relevant to the following topics: Mr. Kenneth Oprisko, Chief, Labor 1211, Subparts B and C. • Whether the collection of Relations Branch, Field Advisory The Commission uses the information information is necessary for the proper Services Division, Defense Civilian compiled and maintained by performance of the Commission’s Personnel Management Service, 1400 manufacturers and importers of functions; Key Blvd, Suite B–200, Arlington, VA residential garage door operators to • Whether the information will have 22209–5144, (703) 696–6301, ext. 704. protect consumers from risks of death practical utility for the Commission; Dated: February 6, 1996. and injury resulting from entrapment • Whether the quality, utility, and L.M. Bynum, accidents associated with garage door clarity of the information to be collected Alternate OSD Federal Register Liaison operators. More specifically, the could be enhanced; and Officer, Department of Defense. • Commission uses this information to Whether the burden imposed by the [FR Doc. 96–3079 Filed 2–12–96; 8:45 am] determine whether the products collection of information could be BILLING CODE 5000±04±M produced and imported by those firms minimized by use of automated, comply with the standard. The electronic or other technological Commission also uses this information collection techniques, or other form of Department of Defense Wage to facilitate corrective action if any information technology. Committee; Notice of Closed Meetings residential garage door operators fail to Dated: February 7, 1996. comply with the standard in a manner Pursuant to the provisions of section Sadye E. Dunn, that creates a substantial risk of injury 10 of Public Law 92–463, the Federal to the public. Secretary, Consumer Product Safety Advisory Committee Act, notice is Commission. hereby given that closed meetings of the B. Estimated Burden [FR Doc. 96–3199 Filed 2–12–96; 8:45 am] Department of Defense Wage Committee The Commission staff estimates that BILLING CODE 6355±01±P will be held on March 5, 1996; March about 14 firms are subject to the testing 12, 1996; and March 26, 1996, at 10:00 and recordkeeping requirements of the a.m. in Room A105, The Nash Building, certification regulations. Information DEPARTMENT OF DEFENSE 1400 Key Boulevard, Rosslyn, Virginia. available to the Commission staff Under the provisions of section 10(d) indicates that all of these firms use the Office of the Secretary of Public Law 92–463, the Department services of an independent third-party of Defense determined that the meetings Defense Partnership Council Meeting organization to conduct the testing and meet the criteria to close meetings to the maintain the records necessary to satisfy AGENCY: Department of Defense. public because the matters to be the requirements of the certification ACTION: Notice of Meeting. considered are related to internal rules regulations. and practices of the Department of The Commission staff estimates that SUMMARY: The Department of Defense Defense and the detailed wage data to be after an initial one-time test to establish (DoD) announces a meeting of the considered were obtained from officials that a garage door operator complies Defense Partnership Council. Notice of of private establishments with a with the requirements of the standard, this meeting is required under the guarantee that the data will be held in the annual cost to a manufacturer or Federal Advisory Committee Act. This confidence. importer of garage door operators for the meeting is open to the public. The However, members of the public who inspection and certification services of a topics to be covered are partnership may wish to do so are invited to submit third-party organization is successes within DoD and action items material in writing to the chairman Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5539 concerning matters believed to be declared excess to the Department of the Buildings deserving of the Committee’s attention. Navy and available for use by other Additional information concerning federal agencies. No interest has been The following is a summary of the the meetings may be obtained by writing expressed. facilities located on the above described to the Chairman, Department of Defense land, (with square footage), which will Wage Committee, 4000 Defense Notice of Surplus Property also be available when the base closes in December 1999, unless otherwise Pentagon, Washington, DC 20301–4000. Pursuant to paragraph (7)(b) of indicated. Property numbers are Dated: February 6, 1996. Section 2905(b) of the Defense Base available on request. 30 Storage L.M. Bynum, Closure and Realignment Act of 1990, as Buildings (62,759), 1 Anechoic Facility Alternate OSD Federal Register Liaison amended by the Base Closure Officer, Department of Defense. Community Redevelopment and (17,980), 1 Research Lab/Office [FR Doc. 96–3080 Filed 2–12–96; 8:45 am] Homeless Assistance Act of 1994, the (126,244), 1 Cafeteria (7,632), 3 Chemical Labs/Office (21,050), 1 BILLING CODE 5000±04±M following information regarding the redevelopment authority for and surplus Detection Systems Labs (2,600), 9 property at the Naval Surface Warfare Electrical Systems Labs (20,087), 2 Department of the Navy Center, Carderock Division, Annapolis Environmental Labs (16,370), 1 Gun Detachment, Annapolis, MD is Mount/Lab (400), 1 Lab Silo (4,351), 1 Community Redevelopment Authority published in the Federal Register. Lab/Shop/Office (80,507), 6 Marine EQ and Available Surplus Buildings and Labs/Offices (20,393), 1 Marine Systems Land at Military Installations Redevelopment Authority Lab (9,361), 15 Materials Labs (92,729), Designated for Closure: Naval Surface The redevelopment authority for the 1 Metrology/Calibration Lab (5,187), 3 Warfare Center, Carderock Division, Propulsion Systems Labs (65,624), 1 Annapolis Detachment Naval Surface Warfare Center, Annapolis Detachment, Carderock Public Works Equipment Shed (1,600), SUMMARY: This Notice provides Division, Annapolis, MD for purposes of 3 Public Works Shops (10,786), 2 information regarding (a) the implementing the provisions of the Recreation Pavilions (1,654), 1 Small redevelopment authority that has been Defense Base Closure and Realignment Craft Fuel Station (120), 1 Technical established to plan the reuse of the Act of 1990, as amended, is the Anne Service Lab (1,080), 1 Tennis Court Naval Surface Warfare Center, Arundel County Local Reuse Planning (7,200), 1 Underwater Equipment Lab Carderock Division, Annapolis Authority, chaired by Mr. Samuel F. (16,116), 1 Vehicle Shop/Office Detachment, Annapolis, MD, (b) the Minnitte, Jr. The Anne Arundel County (10,881), 1 Welding/Fabrication Shop surplus property that is located at that Local Reuse Planning Authority was (10,729), 1 Welding RDT&E Lab (800), 3 base closure site, and (c) the timely appointed by County Executive to Transformer Stations (7,625). election by the redevelopment authority provide advice concerning the Expressions of Interest to proceed under new procedures set redevelopment of the closing base. A forth in the Base Closure Community cross section of community interest is Pursuant to paragraph 7(C) of Section Redevelopment and Homeless represented on the Anne Arundel 2905(b) of the Defense Base Closure and Assistance Act of 1994. County Local Reuse Planning Authority. Realignment Act of 1990, as amended FOR FURTHER INFORMATION CONTACT: John Day to day operations of the Anne by the Base Closure Community J. Kane, Director, Department of the Arundel County Local Reuse Planning Redevelopment and Homeless Navy, Real Estate Operations, Naval Authority are handled by the Project Assistance Act of 1994, state and local Facilities Engineering Command, 200 Manager, Mr. Minnitte. The address of governments, representatives of the Stovall Street, Alexandria, VA 22332– the redevelopment authority is Anne homeless, and other interested parties 2300, telephone (703) 325–0474, or Mr. Arundel County Maryland, Office of located in the vicinity of the Naval Scott L. Whiteford, Director, Real Estate Land Use and Environment, 2662 Riva Surface Warfare Center, Annapolis Division, Engineering Field Activity- Road, Annapolis, MD 21401–7374, Detachment, Carderock Division, Chesapeake, 901 M Street, SE, Building telephone (410) 222–7502. 212, Washington, DC 20374, telephone Annapolis, MD shall submit to the said (202) 685–3071. For more detailed Surplus Property Descriptions redevelopment authority (Anne Arundel information regarding particular County Local Reuse Planning Authority) properties identified in this Notice (i.e., The following is a listing of the land a notice of interest, of such acreage, floor plans, sanitary facilities, and facilities at the Naval Surface governments, representatives and exact street address, etc.), contact Warfare Center, Carderock Division, parties in the above described surplus Commander Roger Walker, Naval Annapolis Detachment, Annapolis, MD property, or any portion thereof. A Surface Warfare Center, Carderock that are surplus to the federal notice of interest shall describe the need Division, Annapolis Detachment, 3A government. of the government, representative, or Leggett Circle, Annapolis, MD 21402– Land party concerned for the desired surplus 5067, telephone (410) 293–2536. property. Pursuant to paragraphs 7(c) SUPPLEMENTARY INFORMATION: In 1995, Approximately 67.43 acres of and (d) of said Section 2905(b), the the Naval Surface Warfare Center, improved and unimproved fee simple redevelopment authority shall assist Carderock Division, Annapolis land at the Naval Surface Warfare interested parties in evaluating the Detachment, Annapolis, MD was Center, Carderock Division, Annapolis surplus property for the intended use designated for closure pursuant to the Detachment, Annapolis, MD. 43.67 and publish in a newspaper of general Defense Base Closure and Realignment acres are at the main site and 23.76 circulation in Maryland the date by Act of 1990, Public Law 101–510, as acres are at the Nike Field Site on which expressions of interest must be amended. Pursuant to this designation, Bayhead Road. In general, all areas will submitted. on 28 September 1995, land and be available upon the closure of the facilities at this installation were base, anticipated for December 1999. 5540 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Dated: February 1, 1996. Each proposed information collection, Title: Early Intervention Program for Michael A. Waters, grouped by office, contains the Infants & Toddlers with Disabilities LCDR, JAGC, USN, Federal Register Liaison following: (1) Type of review requested, Under the Individuals with Disabilities Officer. e.g., new, revision, extension, existing Education Act (IDEA) [FR Doc. 96–3087 Filed 2–12–96; 8:45 am] or reinstatement; (2) Title; (3) Summary Frequency: Annually. BILLING CODE 3810±FF±P of the collection; (4) Description of the Affected Public: State, local or Tribal need for, and proposed use of, the Gov’t, SEAs or LEAs information; (5) Respondents and Reporting Burden and Recordkeeping: DEPARTMENT OF EDUCATION frequency of collection; and (6) Responses: 57. Reporting and/or Recordkeeping Burden Hours: 1,140. Notice of Proposed Information burden. OMB invites public comment at Abstract: Grant application package Collection Requests the address specified above. Copies of including certifications and forms. Each the requests are available from Patrick J. eligible State submits an application AGENCY: Department of Education. Sherrill at the address specified above. that contains descriptions of required ACTION: Notice of proposed information Dated: February 7, 1996. components of statewide system of early collection requests. Gloria Parker, intervention services to ensure compliance with the statute. SUMMARY: The Director, Information Director, Information Resources Group. Completion of items in the application Resources Group, invites comments on Office of Elementary and Secondary package assures a level of uniformity of the proposed information collection Education system’s information provided across requests as required by the Paperwork the States for services for infants and Reduction Act of 1995. Type of Review: Revision. Title: The Even Start Family Literacy toddlers with disabilities and their DATES: Interested persons are invited to families. submit comments on or before March Program for Federally Recognized 14, 1996. Indian Tribes and Tribal Organizations. Office of Postsecondary Education Frequency: Annually. ADDRESSES: Written comments should Type of Review: Reinstatement. Affected Public: State, Local, Tribal be addressed to the Office of Title: State Student Incentive Grant Governments. Information and Regulatory Affairs, (SSIG) Program. Annual Reporting and Recordkeeping Attention: Wendy Taylor, Desk Officer, Frequency: Annually. Burden: Department of Education, Office of Affected Public: State, local or Tribal Responses: 50. Management and Budget, 725 17th Gov’t, SEAs, LEAs. Burden Hours: 750. Street NW., Room 10235, New Annual Reporting and Recordkeeping Abstract: The Even Start Family Executive Office Building, Washington, Hour Burden: Literacy Program for federally DC 20503. Requests for copies of the Responses: 57 recognized Indian tribes and tribal proposed information collection Burden Hours: 228 organizations is designed to help break requests should be addressed to Patrick Abstract: The SSIG Program uses the cycle of poverty and improve J. Sherrill, Department of Education, 600 matching Federal/State funds to provide literacy by integrating early childhood Independence Avenue, SW., Room a nationwide system of grants to assist education, adult literacy or adult basic 5624, Regional Office Building 3, postsecondary education students with education, and parenting education into Washington, DC 20202–4651. substantial financial need. On this a unified literacy program. FOR FURTHER INFORMATION CONTACT: application the states provide Patrick J. Sherrill (202) 708–8196. Office of Elementary and Secondary information the Department requires to Individuals who use a Education obligate program funds and for program telecommunications device for the deaf Type of Review: Reinstatement. management. The signed assurance (TDD) may call the Federal Information Title: Consolidated State Plan, Section legally bind the states to administer the Relay Service (FIRS) at 1–800–877–8339 14302 of the ESEA. program according to regulatory and between 8 a.m. and 8 p.m., Eastern time, Frequency: One Time. statutory requirements. Monday through Friday. Affected Public: State, Local, Tribal [FR Doc. 96–3086 Filed 2–12–96; 8:45 am] SUPPLEMENTARY INFORMATION: Section Governments, SEAs or LEAs. BILLING CODE 4000±01±M 3506 of the Paperwork Reduction Act of Annual Reporting and Recordkeeping 1995 (44 U.S.C. Chapter 35) requires Burden: that the Office of Management and Responses: 54. DEPARTMENT OF ENERGY Budget (OMB) provide interested Burden Hours: 12,744. Federal agencies and the public an early Abstract: In order to improve teaching Bonneville Power Administration opportunity to comment on information and learning through better collection requests. OMB may amend or coordination and integration of program Requested Transmission Rate waive the requirement for public activities, SEAs may submit final Adjustment Under Northwest Regional consultation to the extent that public consolidated State plans under Section Transmission Association Agreement, participation in the approval process 14302 of the ESEA. Submitting a Public Hearing, and Opportunities for would defeat the purpose of the consolidated plan will allow a State to Public Review and Comment information collection, violate State or obtain funds under many Federal Federal law, or substantially interfere programs through a single plan, rather AGENCY: Bonneville Power with any agency’s ability to perform its than through separate program plans or Administration (BPA), DOE. statutory obligations. The Director of the applications. ACTION: Notice of special arbitration Information Resources Group publishes proceeding under section 7(i) of the this notice containing proposed Office of Special Education and Pacific Northwest Electric Power information collection requests prior to Rehabilitative Services Planning and Conservation Act, 16 submission of these requests to OMB. Type of Review: Reinstatement. U.S.C. 839e(i) and Section 12.5 of the Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5541

Northwest Regional Transmission Portland, Oregon 97201, (503) 227– Intertie and the Network at a single Association Governing Agreement. 7400 rolled-in-rate. Powerex also seeks In addition, a copy of the petition must nondiscriminatory discounting of such SUMMARY: BPA File No: NRTA–BPA–1. be served concurrently on BPA’s Office rate, and to treat the points of BPA requests that all comments and of Legal Services and on counsel for interconnection between the FCRTS and documents intended to become part of Powerex: the BC Hydro system on the United the Official Record in this process Janet L. Prewitt—LQ, Stephen Larson— States-Canada border near Blaine, contain the file number designation LN, Office of Legal Services, Washington and Nelway, British NRTA–BPA–1. Bonneville Power Administration, Columbia as Points of Integration and BPA and the British Columbia Power Box 3621, Portland, Oregon 97208– Points of Delivery for the Network. BPA Exchange Corporation (Powerex) are 97212 has denied Powerex’s Request and signatories to the Northwest Regional Paul W. Fox, Bracewell & Patterson, Powerex has initiated this NRTA Transmission Association (NRTA) L.L.P., 100 Congress Ave, Suite 1900, dispute resolution proceeding. Governing Agreement (Agreement). The Austin, Texas 78701–4052 In the previously initiated 1996 BPA NRTA is intended to facilitate the Admission to the proceeding as an transmission rate proceeding, BPA has efficient use of existing transmission intervenor party or as a participant will proposed to continue separately facilities, coordinate the planning of be determined by the Hearing Officer. identifying a rate for the Northern transmission system expansions, and Parties seeking to intervene with Intertie segment. Powerex has opposed expedite the resolution of disputes ‘‘party’’ status should so specify; parties this rate and has argued that the concerning transmission. Members of seeking only ‘‘participant’’ status should Northern Intertie facilities should no the Association may obtain arbitration so specify. A ‘‘participant’’ is person longer be treated by BPA as a separate of transmission disputes, including who submits written or oral segment. Consequently, the parties have disputes over transmission access and recommendations for the record but is agreed to first obtain the Hearing rates. not a party. Intervention in this Officer’s determination of the threshold This proceeding is undertaken proceeding will be subject to the dispute procedural issues, i.e., whether pursuant to section 12.5 of the NRTA resolution provisions of Section 12 of pursuant to the criteria described in the Governing Agreement to determine a the Governing Agreement. Agreement, the substantive issues in BPA Rate Issue Dispute between the Briefs on Issue Number 1 and Issue dispute should be addressed in this parties. Section 12.5 provides for an Number 2 of the Disputing Parties’ proceeding or in the previously-initiated expedited BPA rate proceeding pursuant Agreed Statement of the Issues (below) rate proceeding. The criteria for to section 7(i) of the Northwest Power (‘‘the threshold procedural issues’’) addressing the substantive issues in the Act and the additional procedures set must be filed with the Hearing Officer arbitration proceeding explained in the forth in Section 12.5 of the Agreement by close of business February 21, 1996. ‘‘Disputing Parties’ Agreed Statement of when a Rate Issue Dispute arises in an A prehearing conference will be held the Issues.’’ NRTA dispute resolution between BPA, before the Hearing Officer at 9 a.m. on Disputing Parties’ Agreed Statement of as the transmission provider, and February 28, 1996, in the Auditorium, the Issues another NRTA member. The proceeding 911 N.E. 11th Street, Portland, Oregon. shall determine the issue in dispute Registration for the prehearing BPA and Powerex are members of the unless (1) BPA has previously initiated conference will begin at 8:30 a.m. The Northwest Regional Transmission a hearing under section 7(i) which Hearing Officer will act on all Association. BPA and Powerex jointly includes the issue in dispute and (2) the intervention petitions and oppositions agree that the following issues (‘‘BPA arbitrator finds on the basis of standards to intervention petitions, rule on the Rate Issue Dispute’’) arising from in the Governing Agreement that the threshold procedural issues, rule on any Powerex’s September 27, 1995, request Rate Issue Dispute should be resolved in motions and, if necessary, establish to BPA for transmission service the previously-initiated rate proceeding. procedures to govern this proceeding, (‘‘Request’’) shall be resolved by Because Powerex has raised similar establish a service list, establish a arbitration pursuant to Section 12 of the issues in the current BPA 1996 procedural schedule, and consolidate NRTA Governing Agreement: transmission rate case, the Hearing parties with similar interests for Issue Number 1 Officer will first determine the purposes of filing jointly sponsored Whether, under Subsection 12.5.1 of appropriateness of initiating an testimony and briefs, and for expediting additional proceeding. the NRTA Governing Agreement, any necessary cross-examination. A resolution of this BPA Rate Issue DATES: Persons wishing to become a notice of the dates and times of any Dispute in a separate proceeding under formal ‘‘party’’ or a ‘‘participant’’ to the additional hearings will be mailed to all Subsection 7(i) of the Pacific Northwest proceeding must notify the Hearing parties of record. Objections to orders Electric Power Planning and Officer in writing of their intention to made by the Hearing Officer at the Conservation Act (‘‘Northwest Power do so in accordance with requirements prehearing conference must be made in Act’’) would frustrate or unnecessarily stated in this Notice. See also person or through a representative at the avoid the ongoing proceedings in BPA Procedures Governing Bonneville Power prehearing conference. Docket WP–96/TR–96. Administration Rate Hearings, 51 FR FOR FURTHER INFORMATION CONTACT: Mr. 7611 (March 5, 1986), which the Michael Hansen, Public Involvement Issue Number 2 Hearing Officer may adopt for this and Information Specialist-CK, P.O. Box Whether, under Subsection 12.5.1 of proceeding. Petitions to intervene must 12999, Portland, OR 97212, (503) 230– the NRTA Governing Agreement, be received by close of business 4328 or call toll-free 1–800–622–4519. resolution of this BPA Rate Issue February 21, 1996, and should be SUPPLEMENTARY INFORMATION: Powerex’s Dispute in the ongoing proceedings in addressed as follows: Request is made under the NRTA BPA Docket WP–96/TR–96 would not Michael C. Dotten, Hearing Officer, Agreement. Powerex in its Request materially frustrate Powerex’s need for Heller, Ehrman, White & McAuliffe, seeks firm and nonfirm Point-to-Point an expeditious decision regarding its 200 S.W. Market, Suite 1750, Transmission Service over the Northern Request. 5542 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Issue Number 3 2. That if the Arbitrator at such Acquisition and Assistance Division, Whether Powerex’s Request is a ‘‘good prehearing conference fails to make P.O. Box 10940, MS 921–118, faith transmission request’’ within the affirmative findings with respect to both Pittsburgh, PA 15236–0940. meaning of Subsection 10.4.1 of the Issue Number 1 and Issue Number 2, FOR FURTHER INFORMATION CONTACT: NRTA Governing Agreement, the then the Arbitrator shall establish a William R. Mundorf, Contract currently applicable standards and procedural schedule for a separate Specialist, 412/892–4483. policies of the Federal Energy proceeding under Subsection 7(i) of the SUPPLEMENTARY INFORMATION: Regulatory Commission (FERC) Northwest Power Act to resolve Issue regarding such requests and Section 213 Number 3 and Issue Number 4. Cooperative Agreement No. of the Federal Power Act (FPA). BPA and Powerex agree that the remaining issues arising from Powerex’s DE-FC22–96PC9 Issue Number 4 Request shall not be subject to Title of Effort: Whether the NRTA Governing arbitration at this time, without DOE/EPRI Cooperation on Indian Agreement, Subsection 212(i)(1)(ii) of prejudice to Powerex seeking at a later Greenhouse Gas Pollution Prevention the FPA and FERC’s currently date to invoke the dispute resolution Project provisions of the NRTA governing applicable standards and policies, Awardee require BPA to render firm and non-firm Agreement in the event: point-to-point service to Powerex over 1. Ongoing discussions between Electric Power Research Institute BPA’s Northern Intertie and Network Bonneville and Powerex do not result in Term of Assistance Award a satisfactory mutual agreement facilities, effective October 1, 1996, at Five (5) Years rates under the PTP–96, RNF–96 and regarding available transmission Cost of Assistance Effort ET–96 and successor rate schedules capacity on the Northern Intertie; or that: 2. The transmission service issues The total estimated project value is A. Reflect the roll-in of the costs of raised by Powerex in the Request are not $2,300,000. resolved to Powerex’s satisfaction in the Northern Intertie to Network Objective revenue requirements; BPA Docket TC–96. B. Treat the points of interconnection If the Hearing Officer determines that The objectives of this project are to: between the Federal Columbia River the proceeding shall address the (1) Reduce carbon dioxide emissions per Transmission System and the British substantive issues, the relevant kilowatt-hour generated in existing Columbia Hydro and Power Authority documents and testimony from WP/TR– Indian coal-fired power plants, and (2) System on the United States-Canada 96 will be identified and made available encourage Indian sugar mills to use of border near Blaine, Washington and to all parties to the proceeding. biomass fuels, rather than fossil fuels, Nelway, British Columbia as Points of Issued in Portland, Oregon, on February 7, year round in higher efficiency Integration and Points of Delivery for 1996. cogeneration plants. The effort will the Network; and Sue F. Hickey, require extensive training, plant C. Are subject to the Short Distance Chief Operating Officer. efficiency studies, and technology Discount for firm service and to [FR Doc. 96–3189 Filed 2–12–96; 8:45 am] transfer. nondiscriminatory discounting for Richard D. Rogus, BILLING CODE 6450±01±P nonfirm service. Contracting Officer. Bonneville and Powerex have agreed [FR Doc. 96–3188 Filed 2–12–96; 8:45 am] on a qualified arbitrator who will also Pittsburgh Energy Technology Center; BILLING CODE 6450±01±P serve as the Hearing Officer (Hearing Notice of Non-Competitive Financial Officer) in the Special Proceeding to Assistance Award resolve such issues. Bonneville and Federal Energy Regulatory Powerex agree to the Arbitrator deciding AGENCY: Pittsburgh Energy Technology Commission Issue Number 1 and Issue Number 2 at Center, Department of Energy. the initial prehearing conference to be ACTION: Determination of Non- [Docket No. CP85±221±061] scheduled in the Federal Register notice Competitive award of a Cooperative prescribed by Subsection 12.5.3.ii of the Agreement with the Electric Power Frontier Gas Storage Company; Notice NRTA Governing Agreement (this Research Institute. of Sale Pursuant to Settlement Notice). Bonneville and Powerex further Agreement agree: SUMMARY: The U.S. Department of 1. If the Hearing Officer at such Energy (DOE), Pittsburgh Energy February 7, 1996. prehearing conference makes affirmative Technology Center (PETC) announces Take notice that on January 31, 1996, findings with respect to both Issue that pursuant to 10 CFR 600.7(b)(2)(i), Frontier Gas Storage Company Number 1 and Issue Number 2, the criteria (D), it intends to award a (Frontier), c/o Reid & Priest, Market Hearing Officer shall also determine the Cooperative Agreement to the Electric Square, 701 Pennsylvania Ave., N.W., procedural effect of the ruling, Power Research Institute for ‘‘DOE/EPRI Suite 800, Washington, D.C. 20004, in including but not limited to: Cooperation on Indian Greenhouse Gas compliance with provisions of the (a) Suspension of further arbitration Pollution Prevention Project’’. The Commission’s February 13, 1985, Order procedures with respect to Issue Electric Power Research Institute has in Docket No. CP82–487–000, et al., Number 3 and Issue Number 4 until been determined to be a unique submitted an executed Service after the Administrator issues his organization with unique qualifications Agreement under Rate Schedule LVS–1 decision in WP–96/TR–96; or in accordance with 10 CFR providing for the possible sale of up to (b) Termination of this arbitration, 600.7(b)(2)(i), criteria (D) and a a daily quantity of 50,000 MMBtu, not without prejudice to Powerex pursuing competitive solicitation would be to exceed 5 Bcf of Frontier’s gas storage such other and further rights as may be inappropriate. inventory on an ‘‘as metered’’ basis to available to it under the NRTA ADDRESSES: U. S. Department of Energy, WBI Gas Services, Company, for term governing agreement, and Pittsburgh Energy Technology Center, ending January 31, 1997. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5543

Under Subpart (b) of Ordering Any person desiring to be heard or to regulators) to approximately 1,867 Dth Paragraph (F) of the Commission’s protest said filing should file a motion per day at 150 psig (as limited by the February 13, 1985, Order, Frontier is to intervene or protest with the Federal existing meters). ‘‘authorized to commence the sale of its Energy Regulatory Commission, 888 Northwest also states that no inventory under such an executed First Street, NE., Washington, DC 20426, abandonment of service will occur and service agreement fourteen days after in accordance with Sections 385.214 no impact on Northwest’s system peak filing the agreement with the and 385.211 of the Commission’s day or annual deliveries is projected to Commission, and may continue making regulations. All such motions or protest result from the proposed facility such sale unless the Commission issues must be filed as provided in Section replacements at the Glenns Ferry Meter an order either requiring Frontier to stop 154.210 of the Commission’s Station. selling and setting the matter for hearing Regulations. Protests will be considered Northwest further states that the total or permitting the sale to continue and by the Commission in determining cost of the proposed facility establishing other procedures for appropriate action to be taken, but will replacement at the Glenns Ferry Meter resolving the matter.’’ not serve to make protestants parties to Station is estimated to be approximately Any person desiring to be heard or to the proceedings. Any person wishing to $16,600; comprised of $15,600 for make a protest with reference to said become a party must file a motion to installation of the new facilities and filing should, within 10 days of the intervene. Copies of this filing are on $1,000 for removal of the old facilities. publication of such notice in the file with the Commission and are Any person or the Commission’s staff Federal Register, file with the Federal available for public inspection. may, within 45 days after issuance of Energy Regulatory Commission (888 1st Lois D. Cashell, the instant notice by the Commission, Street N.E., Washington, D.C. 20426) a Secretary. file pursuant to Rue 214 of the motion to intervene or protest in [FR Doc. 96–3105 Filed 2–12–96; 8:45 am] Commission’s Procedural Rules (18 CFR accordance with the requirements of the 385.214) a motion to intervene or notice Commission’s Rules of Practice and BILLING CODE 6717±01±M of intervention and pursuant to Section Procedures, 18 CFR 385.214 or 385.211. 157.205 of the Regulations under the Protests will be considered by the [Docket No. CP96±167±000] natural Gas Act (18 CFR 157.205) a Commission in determining the protest to the request. If no protest is appropriate action to be taken, but will Northwest Pipeline Corporation; Notice filed within the time allowed therefor, not serve to make protestants parties to of Request Under Blanket the proposed activity shall be deemed to the proceeding. Copies of this filing are Authorization be authorized effective the day after the on file with the Commission and are February 7, 1996. time allowed for filing a protest. If a available for public inspection. protest is filed and not withdrawn Lois D. Cashell, Take notice that on February 1, 1996, Northwest Pipeline Corporation within 30 days after the time allowed Secretary. (Northwest), 295 Chipeta Way, Salt Lake for filing a protest, the instant request [FR Doc. 95–3102 Filed 2–12–96; 8:45 am] City, Utah 84158, filed in Docket No. shall be treated as an application for BILLING CODE 6717±01±M CP96–167–000 a request pursuant to authorization pursuant to Section 7 of Sections 157.205, 157.211 and 157.216 the Natural Gas Act. Lois D. Cashell, [Docket No. RP96±138±000] of the Commission’s Regulations under the Natural Gas Act (18 CFR 157.205, Secretary. Koch Gateway Pipeline Company; 157.211 and 157.216) for authorization [FR Doc. 96–3103 Filed 2–12–96; 8:45 am] Notice of Proposed Changes in FERC to abandon certain facilities at the BILLING CODE 6717±01±M Gas Tariff Glenns Ferry Meter Station in Elmore County, Idaho and to construct and February 7, 1996. [Docket No. GT96±40±000] operate upgraded replacement facilities Take notice that on February 2, 1996, at this station to more efficiently Koch Gateway Pipeline Company (Koch Southern Natural Gas Company; accommodate existing firm maximum Gateway) tendered for filing to become Notice of Refund Report daily delivery obligations at this part of its FERC Gas Tariff, Fifth Revised delivery point to Intermountain Gas February 7, 1996. Volume No. 1, the following tariff sheet Company under Northwest’s blanket Take notice that on December 14, to be effective March 3, 1996: certificate issued in Docket No. CP82– 1995, Southern Natural Gas Company Third Revised Sheet No. 403 433–000 pursuant to Section 7 of the (Southern) tendered for filing with the Koch Gateway states that this filing is Natural Gas Act, all as more fully set Commission a Refund Report reflecting submitted as a limited application forth in the request that is on file with its refund of certain amounts to its pursuant to Section 4 of the Natural Gas the Commission and open to public eligible firm shippers. These amounts Act, 15 U.S.C. § 717c (1988), and Part inspection. represent a flowthrough of refunds 154 of the Rules and Regulations of the Northwest states that since the received from the Gas Research Institute Federal Energy Regulatory Commission. existing regulators can not efficiently (GRI). The report states that Southern Koch Gateway states the above tariff accommodate the existing peak hourly refunded $943,835 to its eligible sheet is being submitted to provide a flow rates, it proposes to upgrade the shippers on October 17, 1995, which more flexible injection schedule for its Glenns Ferry Meter Station by replacing represents the amount received from firm storage customers by increasing its the two existing 1-inch regulators and GRI as required by the Commission’s injection capability near the end of the appurtenances with two new 1-inch Order dated February 22, 1995. injection season at its Bistineau Storage regulators and appurtenances. Any person desiring to be heard or to Facility. In addition, Northwest states that, as protest said filing should file a motion Koch Gateway also states that copies a result of this replacement, the to intervene or protest with the Federal of its filing are being served upon Koch maximum design capacity of the meter Energy Regulatory Commission, 888 Gateway customers, state commissions station will increase from 1,117 Dth per First Street, N.E., Washington, D.C. and other interested parties. day (as limited by the existing 20426, in accordance with Rules 211 5544 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices and 214 of the Commission’s Rules of Any person desiring to protest said 2. Northern States Power Company Practice and Procedure (18 CFR 385.211 filing should file a protest with the [Docket No. EL94–94–000] and 385.214). All such motions or Federal Energy Regulatory Commission, Take notice that on January 25, 1996, protests should be filed on or before 888 First Street NE., Washington, DC Northern States Power Company February 14, 1996. Protests will be 20426, in accordance with Section tendered for filing an amendment in the considered by the Commission in 385.211 of the Commission’s Rules and above-referenced docket. determining the appropriate action to be Regulations. All such protests must be Comment date: February 20, 1996, in taken, but will not serve to make filed as provided in Section 154.210 of protestants parties to the proceeding. accordance with Standard Paragraph E the Commission’s Regulations. Protests at the end of this notice. Any person wishing to become party will be considered by the Commission must file a motion to intervene. Copies in determining the appropriate action to 3. New England Power Company of Southern’s filing are on file with the be taken, but will not serve to make Commission and are available for public [Docket No. ER95–491–000] protestants parties to the proceeding. inspection. Take notice that on January 26, 1996, Copies of this filing are on file with the Lois D. Cashell, New England Power Company tendered Commission and are available for public for filing an amendment in the above- Secretary. inspection in the Public Reference [FR Doc. 96–3104 Filed 2–12–96; 8:45 am] referenced docket. Room. Comment date: February 20, 1996, in BILLING CODE 6717±01±M Lois D. Cashell, accordance with Standard Paragraph E Secretary. at the end of this notice. [Docket No. TM96±2±17±001] [FR Doc. 96–3106 Filed 2–12–96; 8:45 am] 4. Century Power Corporation BILLING CODE 6717±01±M Texas Eastern Transmission [Docket No. ER96–768–000] Corporation; Notice of Proposed Take notice that on January 24, 1996, Changes in FERC Gas Tariff Tucson Electric Power Company [Docket No. EG96±38±000, et al.] February 7, 1996. tendered for filing a Certificate of Take notice that on February 2, 1996, NRGenerating Holdings (No. 4) B.V., et Concurrence in the above-referenced Texas Eastern Transmission Corporation al.; Electric Rate and Corporate docket. (Texas Eastern) tendered for filing as Regulation Filings Comment date: February 20, 1996, in part of its FERC Gas Tariff, Sixth accordance with Standard Paragraph E Revised Volume No. 1, the following February 6, 1996. at the end of this notice. revised tariff sheets: Take notice that the following filings 5. Central Illinois Public Service Second Revised Sheet No. 34C have been made with the Commission: Company Seventh Revised Sheet No. 631 [Docket No. ER96–889–000] The proposed effective date of these 1. NRGenerating Holdings (No. 4) B.V. Take notice that on January 23, 1996, revised tariff sheets is January 1, 1996. [Docket No. EG96–38–000] Texas Eastern states that the revised Central Illinois Public Service Company tariff sheets filed herewith are submitted On February 2, 1996, NRGenerating (CIPS) submitted two Service pursuant to the Commission’s Opinion Holdings (No. 4) B.V. (‘‘Applicant’’), Agreements, dated January 16, 1996, No. 402 in supplement to those tariff with its principal office at c/o NRG establishing Delhi Energy Services, Inc. sheets already filed by Texas Eastern Energy, Inc., Level 50, Rialto South (Delhi) and K N Marketing, Inc. (KNM) and accepted by the Commission Tower, 525 Collins Street, Melbourne, as customers under the terms of CIPS’ establishing revised GRI surcharges on Victoria, 3000, Australia, filed with the Coordination Sales Tariff CST–1 (CST– Texas Eastern’s system effective January Federal Energy Regulatory Commission 1 Tariff). 1, 1996. Texas Eastern states that it an application for determination of CIPS requests an effective date of inadvertently excluded from its original exempt wholesale generator status January 16, 1996 for the service 1996 GRI surcharge filing a revised tariff pursuant to Part 365 of the agreements with Delhi and KNM. sheet reflecting the revised GRI Commission’s Regulations. Accordingly, CIPS requests waiver of the Commission’s notice requirements. surcharges as applicable to Texas Applicant states that it holds an Copies of this filing were served upon Eastern’s Rate Schedule FT–1 service interest in a joint venture partnership Delhi, KNM and the Illinois Commerce utilizing facilities authorized in Docket organized under the laws of Australia, Commission. No. CP94–654, Texas Eastern’s formed to acquire, own and operate a  Comment date: February 20, 1996, in Riverside/Flex-X firm transportation 1,450 megawatt brown coal-fired project, as well as a reference to such accordance with Standard Paragraph E electric generating facility and adjacent at the end of this notice. tariff sheet in Texas Eastern’s GRI tariff brown coal open cut mine located in provision contained in Section 15.4 of Victoria, Australia (the ‘‘Facility’’). 6. Consolidated Edison Company of the General Terms and Conditions. Electric energy produced by the Facility New York, Inc. Texas Eastern states that the sole will be sold at wholesale to the Victoria purpose of this supplemental filing is to [Docket No. ER96–890–000] Power Exchange. In no event will any properly reflect the revised 1996 GRI Take notice that on January 23, 1996, electric energy be sold to consumers in surcharges pursuant to Opinion No. 402 Consolidated Edison Company of New the United States. for such Rate Schedule FT–1 Riverside York, Inc. (Con Edison), tendered for project service. Comment date: February 21, 1996, in filing an agreement to provide Texas Eastern states that copies of its accordance with Standard Paragraph E interruptible transmission service for filing have been served on all firm at the end of this notice. The Cenergy, Inc. (Cenergy). customers of Texas Eastern, interested Commission will limit its consideration Con Edison states that a copy of this state commissions, and all interruptible of comments to those that concern the filing has been served by mail upon shippers as of the date of the filing. adequacy or accuracy of the application. Cenergy. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5545

Comment date: February 20, 1996, in 10. Houston Lighting & Power Company 13. SuperSystems, Inc. accordance with Standard Paragraph E [Docket No. ER96–895–000] [Docket No. ER96–906–000] at the end of this notice. Take notice that on January 23, 1996, Take notice that on January 24, 1996, 7. Consolidated Edison Company of Houston Lighting & Power Company SuperSystems, Inc. tendered for filing a New York, Inc. (HL&P), tendered for filing an executed Petition for Blanket Authorizations, [Docket No. ER96–891–000] transmission service agreement (TSA) certain waivers, and an order Approving Rate Schedule. Take notice that on January 23, 1996, with Valero Power Services Company Consolidated Edison Company of New (Valero) for Economy, Energy and Comment date: February 20, 1996, in York, Inc. (Con Edison), tendered for Emergency Power Transmission Service accordance with Standard Paragraph E filing an agreement to provide under HL&P’s FERC Electric Tariff, at the end of this notice. interruptible transmission service for Original Volume No. 1, for 14. Union Electric Company Montaup Electric Company (Montaup). Transmission Service to, from and over [Docket No. ER96–923–000] Con Edison states that a copy of this Certain HVDC Interconnections. HL&P filing has been served by mail upon has requested an effective date of Take notice that on January 22, 1996, Montaup. January 19, 1996. Union Electric Company (UE) tendered Comment date: February 20, 1996, in Copies of the filing were served on for filing a letter approving UE’s accordance with Standard Paragraph E Valero and the Public Utility application for membership in the at the end of this notice. Commission of Texas. Western Systems Power Pool. Comment date: February 20, 1996, in 8. Public Service Company of Colorado Comment date: February 20, 1996, in accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice. [Docket No. ER96–892–000] at the end of this notice. Take notice that on January 23, 1996, 15. Direct Access Management, L.P. Public Service Company of Colorado, 11. Northern Indiana Public Service tendered for filing amendments to its Company [Docket No. ER96–924–000] Service Agreement No. 1 under FERC [Docket No. ER96–896–000] Take notice that on January 25, 1996, Electric Tariff, Original Volume No. 1. Direct Access Management, L.P. Under the proposed amendments Public Take notice that on January 24, 1996, tendered for filing a Petition for Blanket Service is submitting revisions to Northern Indiana Public Service Authorization, Certain Waivers and Exhibits B and C, which set forth points Company, tendered for filing an Order Approving Rate Schedule. of delivery and levels of power and executed Service Agreement between Comment date: February 20, 1996, in energy transmitted by Platte River Northern Indiana Public Service accordance with Standard Paragraph E Power Authority and Public Service Company and Central Illinois Light at the end of this notice. Company. Company of Colorado, respectively. 16. Public Service Company of New Under the Service Agreement, These amendments will have no impact Mexico on the rates for service under this Northern Indiana Public Service Agreement. Company agrees to provide services to [Docket No. ER96–957–000] Public Service requests an effective Central Illinois Light Company under Take notice that on January 17, 1996, date of January 1, 1996 for the proposed Northern Indiana Public Service Public Service Company of New Mexico amendments. Company’s Power Sales Tariff, which tendered for filing executed copies of an Comment date: February 20, 1996, in was accepting for filing by the Assignment Agreement between accordance with Standard Paragraph E Commission and made effective by Century Power Corporation and Tri- at the end of this notice. Order dated August 17, 1995 in Docket State Generation and Transmission No. ER95–1222–000. Northern Indiana Association, Inc. 9. Southern California Edison Company Public Service Company and Central Comment date: February 20, 1996, in [Docket No. ER96–893–000] Illinois Light Company request waiver accordance with Standard Paragraph E Take notice that on January 23, 1996, of the Commission’s sixty-day notice at the end of this notice. Southern California Edison Company requirement to permit an effective date of February 1, 1996. 17. Aquila Power Corporation and (Edison), tendered for filing a change in UtiliCorp United Inc. rate for scheduling and dispatching Copies of this filing have been sent to services in Edison’s Firm Transmission the Indiana Utility Regulatory [Docket Nos. ER96–988–000 and ER96–1000– Service Agreement between the Arizona Commission and the Indiana Office of 000] Public Service Company (APS) and Utility Consumer Counselor. Take notice that on February 1, 1996, Edison, FERC Rate Schedule No. 348. Comment date: February 20, 1996, in Aquila Power Corporation (Aquila) and Edison is requesting waiver of the 60- accordance with Standard Paragraph E UtiliCorp United Inc. (UtiliCorp) filed day prior notice requirements, and at the end of this notice. companion applications under Rule 205 requests the Commission to assign to the and Section 205 of the Federal Power Agreement an effective date concurrent 12. Citizens Utilities Company Act respectively (1) renewing a request with the effective date of the 1995 [Docket No. ER96–899–000] to charge market-rates for wholesale Settlement Agreement between Edison service and (2) requesting the and APS in Docket Nos. ER76–205 et al. Take notice that on January 22, 1996, Commission to accept and place into Copies of this filing were served upon Citizens Utilities Company tendered for effect open access transmission tariffs in the Public Utilities Commission of the filing copies of the Customer Service strict conformance with the pro forma State of California and all interested Agreement with Rochester Electric Light tariff sheets contained in the parties. & Power Company. Commission’s notice of proposed Comment date: February 20, 1996, in Comment date: February 20, 1996, in rulemaking in Docket No. RM95–8, all accordance with Standard Paragraph E accordance with Standard Paragraph E as more fully set forth in the at the end of this notice. at the end of this notice. applications on file with the 5546 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Commission and open to public M–1500, Waterside Mall (Ground whenever a new model of equipment is inspection. Floor), U.S. Environmental Protection certified or whenever an existing Comment date: February 20, 1996, in Agency, 401 M Street, SW., Washington, certified models fails a recertification accordance with Standard Paragraph E DC 20460. Dockets may be inspected test. Information collected from at the end of this notice. from 8:30 a.m. to 5:30 p.m., Monday equipment certifiers is required to ensure that recycling and recovery Standard Paragraph through Friday. A reasonable fee may be charged for copying docket materials. equipment meets the performance Any person desiring to be heard or to FOR FURTHER INFORMATION CONTACT: standards of the regulation and that all protest said filing should file a motion Deborah Ottinger, (202) 233–9149. approved testing laboratories have the to intervene or protest with the Federal Facsimile number: (202) 233–9577. For equipment and expertise to test Energy Regulatory Commission, 888 questions only, you may use the equipment to these standards. First Street, N.E., Washington, D.C. electronic address: Servicing and Disposal 20426, in accordance with Rules 211 [email protected]. All Establishments. Persons maintaining, and 214 of the Commission’s Rules of comments must be sent to the docket. servicing, repairing, or disposing of Practice and Procedure (18 CFR 385.211 appliances must certify to EPA that they SUPPLEMENTARY INFORMATION: Affected and 18 CFR 385.214). All such motions have acquired certified recycling or entities: Entities affected by this action or protests should be filed on or before recovery equipment and are complying are refrigeration and air conditioning the comment date. Protests will be with the requirements of the rule. This service and repair shops, plumbing, considered by the Commission in certification must be renewed in the heating, and air conditioning determining the appropriate action to be event of a change of ownership of the contractors, refrigerated transport taken, but will not serve to make service or disposal establishment. In service dealers, scrap metal recyclers, protestants parties to the proceeding. addition, service establishments are and automobile dismantlers and Any person wishing to become a party required to maintain adequate recyclers. Additional entities affected must file a motion to intervene. Copies documentation of technician include Clean Air Act Section 608 of this filing are on file with the certification. These requirements help technician certification programs, Commission and are available for public the Agency to target its enforcement equipment certification programs, inspection. efforts. refrigerant wholesalers and reclaimers, Reclaimers. Refrigerant reclaimers Lois D. Cashell, and other establishments that perform Secretary. must maintain records of the names and refrigerant removal at service and addresses of persons sending them [FR Doc. 96–3164 Filed 2–12–96; 8:45 am] disposal. material for reclamation as well as the BILLING CODE 6717±01±P Title: ‘‘National Recycling and quantity of the material (the combined Emissions Reduction Program’’ OMB mass of refrigerant and contaminants) Control Number: 2060–0256. EPA sent. In addition, reclaimers must ENVIRONMENTAL PROTECTION Control Number: 1626.03. Expiration maintain records of the mass of AGENCY Date: May 31, 1996. refrigerant reclaimed and the mass of Abstract: In 1993, EPA promulgated [FRL±5421±3] waste products. Reclaimers must report regulations under Section 608 of the this information (total quantities) to the Agency Information Collection Clean Air Act Amendments of 1990 Agency annually. This information Activities Up for Renewal: National (Act) for the recycling of CFCs and helps the Agency track refrigerant use to Recycling and Emissions Reduction HCFCs in air-conditioning and insure that no refrigerant is vented at Program, OMB Number: 2060±0256 refrigeration equipment. These service or disposal. regulations were published in 58 FR Refrigerant Wholesalers. Wholesalers AGENCY: Environmental Protection 28660, and are codified at 40 CFR must maintain records indicating the Agency (EPA). Subpart F (§ 82.150 et seq.). The reasons names of purchasers, dates of sales, and ACTION: Notice. the information is being collected, the quantities of refrigerant purchased. This way the information is to be used, and information helps the Agency to track SUMMARY: In compliance with the whether the requirements are refrigerant use and identify points of Paperwork Reduction Act (44 U.S.C. mandatory, voluntary, or required to noncompliance. The Agency believes 3501 et seq.), this notice announces that obtain a benefit, are described below. that wholesalers already maintain such the Information Collection Request The ICR renewal does not include any records. In addition to normal business (ICR): National Recycling and Emissions burden for third-party or public records, wholesalers have to maintain Reduction Program, OMB Number: disclosures not previously reviewed and records verifying that purchasers of 2060–0256, EPA Control Number: approved by OMB. An Agency may not refrigerant are properly certified. These 1626.03, is coming up for renewal. conduct or sponsor, and a person is not records will be used by EPA inspectors Before submitting the renewal package required to respond to, a collection of to ensure that refrigerants are only sold to the Office of Management and Budget information unless it displays a to certified technicians. This is to (OMB), EPA is soliciting comments on currently valid OMB control number. guarantee that individuals who specific aspects of the collection as The OMB control numbers for EPA’s purchase refrigerant are aware of the described below. regulations are listed in 40 CFR Part 9. legal restrictions on its use. DATES: Comments must be submitted on Equipment Testing Organizations. Disposers. Persons disposing of small or before April 15, 1996. Equipment testing organizations must appliances, room air conditioners, and ADDRESSES: Comments should be apply to EPA to become approved. MVACs must maintain copies of signed submitted in duplicate to the attention Approved equipment testing statements attesting that the refrigerant of Air Docket No. A–92–01 VIII.J at: organizations must maintain records of has been removed prior to final disposal Environmental Protection Agency, 401 the tests performed and their results, of each appliance. This information M Street SW., Washington, DC 20460. and must submit a list of all certified helps EPA to verify that refrigerant is The Air and Radiation Docket and equipment to EPA annually. Testing recovered at some point during the Information Center is located in Room organizations must notify EPA disposal process even if the final Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5547 disposer does not have recovery recordkeeping requirements. (The Office and exclusions under the amendments equipment. of Management and Budget approved to the leak repair provisions, which Technicians. In order for technicians the amendment to the ICR reflecting this were written in response to industry to use recycling and recovery amendment on September 28, 1995.) concerns and with the concurrence of equipment, they have to pass a (1) Those persons wishing to extend industry. Specifically, the amendments certification test. Technicians have to leak repair compliance beyond the allow for persons to extend their maintain a wallet-sized certification required 30 days must maintain and compliance deadlines, to exclude card. The test is necessary to ensure that submit to EPA information identifying destroyed purged refrigerants from leak technicians understand refrigerant the facility, the leak rate, the method rate calculations, or to use a range rather recovery procedures and regulations. used to determine the leak rate and full than calculate the full charge, when The card is necessary to ensure that charge, the date a leak rate greater than certain circumstances exist. EPA would only certified technicians perform work allowable was discovered, the location be unable to make determinations as to on air conditioning and refrigeration of the leaks, any repair work completed the viability of a claim regarding the equipment or purchase refrigerants. thus far and date completed, a plan to need for an extension without the Technician Certification Programs. fix other outstanding leaks to achieve information under the recordkeeping Organizations operating technician allowable leak rate, reasons why greater and reporting requirements. In certification programs have to apply to than 30 days is needed, and an estimate negotiating the settlement agreement EPA to have their program approved. of when repair work will be completed. with members of CMA, those members Approved technician certification Any dates and results of static and agreed with the proposed recordkeeping programs have to maintain records dynamic tests must also be maintained and reporting requirements. including the names of certified and submitted to EPA. The EPA would like to solicit technicians and the unique numbers (2) Those persons wishing to extend comments to: assigned to each technician certified retrofit compliance beyond the required (i) Evaluate whether the proposed through their programs. Approved one year must maintain and submit to collection of information is necessary technician certification programs also EPA information identifying the facility, for the proper performance of the have to submit a report to EPA every six the leak rate, the method used to functions of the Agency, including months including the pass/fail rate and determine the leak rate and full charge, whether the information will have testing schedules. the date a leak rate of greater than the practical utility; The application process ensures that allowable rate was discovered, the (ii) Evaluate the accuracy of the the technician certification programs location of leaks, any repair work that Agency’s estimate of the burden of the meet minimum standards for generating, has been completed thus far and date proposed collection of information; tracking, and grading tests, and keeping completed, a plan to complete the records. Record maintenance allows retrofit or replacement of the system, the (iii) Enhance the quality, utility, and both the Agency and the certification reasons why more than one year is clarity of the information to be program to verify certification claims necessary, the date of notification to collected; and and monitor the certification process. EPA, an estimate of when retrofit or (iv) Minimize the burden of the The semiannual reports give the Agency replacement work will be completed, if collection of information on those who the ability to evaluate certification time changes for original estimates are to respond, including through the programs and modify the certification occur, documentation of the reason use of appropriate automated collection test if necessary. why, and the date of notification to EPA techniques or other forms of information Refrigeration and air conditioning regarding a change in the estimate of technology, e.g., permitting electronic equipment owners. Owners of when the work will be completed. submission of responses. refrigeration or air conditioning (3) Those persons wishing to exclude Burden Statement: The annual burden equipment that contain more than 50 purged refrigerants that are destroyed is reported in this Notice by annual pounds of refrigerant must maintain from the annual leak rate calculations respondent burden. The burden hours records of the quantity of refrigerant must maintain records on-site to shown have been significantly reduced used during each service procedure support the amount of refrigerant from the original ICR because most of performed for the equipment. This claimed sent for destruction. These the burden hours in the original ICR ensures that owners can determine records must include flow rate, quantity (technician certification, certification by when they are subject to leak repair or concentration of the refrigerant in the service establishments, applications by requirements. In addition, equipment vent stream, and periods of purge flow. equipment and technician certifiers) owners who decided not to repair leaks (4) Those persons wishing to calculate were associated with the start-up of the must develop and maintain a record of the full charge of an affected appliance program. This estimate includes the a plan that states that the equipment by establishing a range based on the best time needed to review instructions; will be either retired, replaced or available data, regarding the normal develop, acquire, install, and utilize retrofitted. The development of such a operating characteristics and conditions technology and systems for the purposes plan ensures that equipment owners for the appliance, must maintain records of collecting, validating, and verifying intend to take action to reduce on-site to support the methodology used information, processing and emissions. in selecting or modifying the particular maintaining information, and disclosing Owners of Industrial Process range. and providing information; adjust the Refrigeration. Under an amendment to The sum of these changes represents existing ways to comply with any the section 608 rule that was an increase in reporting requirements previously applicable instructions and promulgated on August 8, 1995 (60 FR only for those persons wishing to requirements; train personnel to be able 40420), owners of industrial process receive an extension or exclusion under to respond to a collection of refrigeration equipment who wish to the leak repair amendment. information; search data sources; receive an extension or exclusion under These reporting and recordkeeping complete and review the collection of the leak repair amendment are subject to requirements allow determinations to be information; and transmit or otherwise the following reporting and made regarding requested extensions disclose the information. 5548 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Burden Collection activities hours i. Equipment Testing Organizations: Annual Respondent Burden: Submit to EPA annual list of all equipment previously certified ...... 1 Notify EPA of certification of new models ...... 5 Maintain records of equipment tested and its performance ...... 0 Notify EPA of equipment failing retests or inspections ...... 2 Total Annual Burden: Hour total (8)×Number of Respondents (2)=16 hours. ii. Certification by Service Establishments that Change Ownership or Enter the Market: Annual Respondent Burden: Compile information, complete certification requirements ...... 25 Maintain proof of employee certification ...... 25 Total Annual Burden: Hour total (.5)×Number of Respondents (2,250)=1125 hours. iii. Certification by Disposal Establishments that Change Ownership or Enter the Market: Annual Respondent Burden: Compile information, complete certification requirements ...... 25 Maintain proof of employee certification ...... 25 Total Annual Burden: Hour total (.5)×Number of Respondents (25)=12.5 hours. iv. Maintenance of copies of signed statements by disposal establishments: Annual Respondent Burden: Maintain copies of signed statements verifying evacuation of refrigerant ...... 20 Total Annual Burden: Hour total (20)×Number of Respondents (500)=10,000 hours. v. Certification by Refrigerant Reclaimers that Change Ownership or Enter the Market: Annual Respondent Burden: Completing certification and submitting it to EPA Headquarters ...... 2 Total Annual Burden: Hour Total (2)×Number of respondents (20)=40. vi. Reclaimer Reporting: Annual Respondent Burden: Compiling information and submitting it to EPA Headquarters ...... 5 Total Annual Burden: Hour Total (5)×Number of respondents (80)=400. vii. Refrigerant Wholesalers: Annual Respondent Burden: Maintain usual business records of refrigerant sales transactions ...... 0 Maintain normal invoices ...... 0 Maintain records of technician certification ...... 8 Total Annual Burden: Hour total (8)×Number of respondents (5,000)=40,000. viii. Technician Certification Programs Applying for Approval: Annual Respondent Burden: Compiling information to become approved and submitting it to EPA Headquarters ...... 30 Total Annual Burden: Hour Total (30)×Number of respondents (10)=300. ix. Recordkeeping by Existing Technician Certification Programs: Annual Respondent Burden: Maintain records of certified technicians, individuals taking the tests, test scores, locations, and dates of tests ...... 0 Submit report to EPA every 6 months ...... 16 Total Annual Burden: Hour Total (16)×Number of respondents (100)=1600 hours. x. Technicians Acquiring Certification and Maintaining Certification Cards: Annual Respondent Burden: Register and take certification test ...... 3 Maintain certification card ...... 02 Total Annual Burden: Hour Total (3)×Number of respondents (30,000)=90,000 hours. Hour Total (.02)×Number of respondents (300,000)=6,000 hours. Total: 96,000 hours. xi. Owners of Refrigeration and Air-Conditioning Equipment: Annual Respondent Burden: Keep records of the quantity of refrigerant used during service procedures ...... 1 Develop and maintain plan to retire, replace, or retrofit equipment ...... 2 Total Annual Burden: Hour Total (.1)×Number of respondents (1,968,000)= 196,800. Hour Total (2)×Number of respondents (35,850)=71,700. Total: 268,500 hours. xii. Owners of Industrial Process Refrigeration Equipment: Annual Respondent Burden: Prepare requests for 30-day extensions ...... 5 Prepare requests for retrofit extensions ...... 8 Maintain information on purged and destroyed refrigerant ...... 4 Maintain information on the calculation of the full charge using a range ...... 4 Perform and document results of static and dynamic tests ...... 4 Total Annual Burden (same order as above): Hour total (5)×Number of respondents (30)=150. Hour total (8)×Number of respondents (30)=240. Hour total (4)×Number of respondents (60)=240. Hour total (4)×Number of respondents (30)=120. Hour total (4)×Number of respondents (60)=240. Total: 990 hours. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5549

Send comments regarding these reviews by ad-hoc panels from the State information; search data sources; matters, or any other aspects of the and Territorial Air Pollution Program complete and review the collection of information collection, including Administrators (STAPPA) and the information; and transmit or otherwise suggestions for reducing the burden, to Association of Local Air Pollution disclose the information. Control Officials (ALAPCO). These the address listed above under Respondents/Affected Entities: State ADDRESSES near the top of this Notice. modifications to the previous and Local Air Pollution Control Dated: February 6, 1996. regulations were issued as final rules on May 10, 1979 (44 FR 27558) and are Agencies. Paul M. Stolpman, contained in 40 CFR Part 58. Estimated Number of Respondents: Director, Office of Atmospheric Programs. Major amendments, which affect the 130. [FR Doc. 96–3193 Filed 2–12–96; 8:45 am] hourly burdens, were made in 1983 for Frequency of Response: Quarterly. BILLING CODE 6560±50±P lead, 1987 for PM–10, and 1993 for the enhanced monitoring for ozone. The Estimated Total Burden: 1,808,355 specific required activities for the hours. [FRL±5421±6] burden include establishing and Estimated Total Annualized Cost Agency Information Collection operating ambient air monitors and Burden: $100,901,490. samplers, conducting sample analyses Activities Under OMB Review Send comments on the Agency’s need for all pollutants for which a National for this information, the accuracy of the AGENCY: Environmental Protection Ambient Air Quality Standard (NAAQS) Agency (EPA). has been established, preparing, editing provided burden estimates, and any suggested methods for minimizing ACTION: Notice. and quality assuring the data, and submitting the ambient air quality data respondent burden, including through SUMMARY: In compliance with the and quality assurance data to EPA. the use of automated collection Paperwork Reduction Act (44 U.S.C. Some of the major uses of the data are techniques to the following addresses. 3501 et seq.), this notice announces that for judging attainment of the NAAQS, Please refer to EPA ICR No. 940.13, and the Information Collection request (ICR) evaluating progress in achieving/ OMB Control No. 2060–0084 in any abstracted below has been forwarded to maintaining the NAAQS or State/local correspondence. the Office of Management and Budget standards, developing or revising SIP’s, Ms. Sandy Farmer, U.S. Environmental (OMB) for review and comment. The evaluating control strategies, developing ICR describes the nature of the or revising national control policies, Protection Agency, OPPE Regulatory information collection and its expected providing data for model development Information (2136), 401 M Street SW., cost and burden; where appropriate, it and validation, supporting enforcement Washington, DC 20460 includes the actual data collection actions, documenting episodes and and instrument. initiating episode controls, documenting Office of Information and Regulatory DATES: Comments must be submitted on population exposure, and providing Affairs, Office of Management and or before March 14, 1996. information to the public and other interested parties. Budget, Attention: Desk Officer for FOR FURTHER INFORMATION OR A COPY An Agency may not conduct or EPA, 725 17th Street NW., CALL: Sandy Farmer at EPA, (202) 260– sponsor, and a person is not required to Washington, DC 20503. 2740, and refer to EPA ICR No. 940.13. respond to, a collection of information Dated: February 7, 1996. SUPPLEMENTARY INFORMATION: unless it displays a currently valid OMB Title: Ambient Air Quality control number. The OMB control Joseph Retzer, Surveillance, (OMB Number 2060–0084; numbers for EPA’s regulations are listed Director, Regulatory Information Division. EPA ICR # 940.13). This is a request for in 40 CFR Part 9 and 48 CFR Chapter [FR Doc. 96–3197 Filed 2–12–96; 8:45 am] extension of a currently approved 15. The Federal Register notice required BILLING CODE 6560±50±P collection. under 5 CFR 1320.8(d), soliciting Abstract: The general authority for the comments on this collection of collection of ambient air quality data is information was published on October [FRL±5421±1] contained in sections 110 and 319 of the 25, 1995. Clean Air Act (Act) (42 USC 1857). Burden Statement: The annual public Mobile Sources Technical Advisory Section 110 makes it clear that State- reporting and recordkeeping burden for Committee Meeting generated air quality data are central to this collection of information is the air quality management process estimated to average 13,910 hours per The Mobile Sources Technical through a system of State response. Burden means the total time, Advisory Sub-Committee to the Clean implementation plans (SIP’s). Section effort, or financial resources expended Air Act Committee is convening a 319 was added via the 1977 by persons to generate, maintain, retain, meeting on February 21, 1996 from Amendments to the Act and spells out or disclose or provide information to or 9:30–3:30 at the Ramada Detroit Metro the key elements of an acceptable for a Federal agency. This includes the monitoring and reporting scheme. To a time needed to review instructions; Airport, 8270 Wickham Road, Romulus, large extent, the requirements of section develop, acquire, install, and utilize Michigan. 319 had already been anticipated in the technology and systems for the purposes FOR FURTHER INFORMATION CONTACT: detailed strategy document prepared by of collecting, validating, and verifying Katherine McMillan at (202) 260–3420. EPA’s Standing Air Monitoring Work information, processing and Katherine McMillan, Group (SAMWG). The regulatory maintaining information, and disclosing provisions to implement these and providing information; adjust the Assistant Director, Division of Policy, Planning and Budget, Office of Mobile recommendations were developed existing ways to comply with any Sources. through close consultation with the previously applicable instructions and [FR Doc. 96–3196 Filed 2–12–96; 8:45 am] State and local agency representatives requirements; train personnel to be able serving on SAMWG and through to respond to a collection of BILLING CODE 6560±50±P±M 5550 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

[OPPTS±00181; FRL±5349±2] ACTION: Proposal of CERCLA section Region 5, 77 West Jackson Boulevard, 122(g)(4) de minimis administrative Chicago, Illinois 60604. Please contact Forum on State and Tribal Toxics order on consent for the Bohaty Drum Andrew Warren at (312) 353–5483, prior Action (FOSTTA) Projects; Open Site in Medina, OH . to visiting the Region 5 office. Meetings Comments on the proposed AOC SUMMARY: United States Environmental AGENCY: Environmental Protection should be addressed to Andrew Warren, Agency (EPA). Protection Agency USEPA proposes to Office of Regional Counsel, U.S. EPA, address the potential liability of nine ACTION: Notice. Region 5, 77 West Jackson Boulevard parties under the Comprehensive (Mail Code CS–29A), Chicago, Illinois SUMMARY: The four Projects of the Environmental Response, 60604. Forum on State and Tribal Toxics Compensation, and Liability Act of 1980 FOR FURTHER INFORMATION CONTACT: Action (FOSTTA) will hold meetings (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., as Andrew Warren at (312) 353–5485, of open to the public at the time and place amended by the Superfund the USEPA Region 5 Office of Regional listed below in this notice. Amendments and Reauthorization Act Counsel. DATES: The four Projects will meet of 1986 (‘‘SARA’’), Public Law 99–499, A 30-day period, commencing on the March 4, 1996, from 8 a.m. to 5 p.m., for past and future costs incurred in date of publication of this notice, is with a plenary session on Community- connection with a federal fund lead open pursuant to Section 122(i) of Based Environmental Protection from 8 removal action conducted at the Bohaty CERCLA, 42 U.S.C. 9622(i), for a.m. to 9:30 a.m., and on March 5, 1996, Drum Site (‘‘the Site’’) located in comments on the proposed AOC. from 8 a.m. to noon. Medina, Ohio. The USEPA proposes to Comments should be sent to the ADDRESSES: The meetings scheduled address the potential liability of addressee identified in this notice. Ashland Chemical Company, Dow will be held at The Holiday Inn, 480 Valdas V. Adamkus, King St., Alexandria, VA. Chemical Company, General Motors Corporation, Quaker Oats Company, Regional Administrator, U.S. Environmental FOR FURTHER INFORMATION CONTACT: Protection Agency, Region 5. Darlene Harrod, Office of Pollution State Chemical Manufacturing Company, Inc., Synthetic Products [FR Doc. 96–3195 Filed 2–12–96; 8:45 am] Prevention and Toxics (7408), U. S. BILLING CODE 6560±50±M Environmental Protection Agency, 401 Company, Uniroyal Chemical Company, M St., SW., Washington, DC 20460, Inc. and Upjohn Company by execution telephone: (202) 260–6904. E-mail of a CERCLA Section 122(g)(4) De [FRL±5421±4] [email protected]. Minimus Administrative Order on Consent (‘‘AOC’’) prepared pursuant to Notice of Proposed Administrative De SUPPLEMENTARY INFORMATION: FOSTTA, 42 U.S.C. 9622(g)(4). The key terms and Minimis Settlement Under Section a group of state and tribal toxics conditions of the AOC may be briefly 122(g)(4) of the Comprehensive environmental managers, is intended to Environmental Response, foster the exchange of toxics-related summarized as follows: (1) USEPA has Compensation and Liability Act, program and enforcement information determined that the amount of Regarding the Carroll & Dubies among the states/tribes and between the hazardous substances contributed to the Superfund Site, Town of Deerpark, NY states/tribes and U.S. EPA’s Office of Site by each party and the toxic or other hazardous effects of the hazardous Prevention, Pesticides and Toxic AGENCY: Environmental Protection substances contributed to the Site by Substances (OPPTS) and Office of Agency. each party are minimal in comparison to Enforcement and Compliance Assurance ACTION: Notice of proposed (OECA). FOSTTA currently consists of other hazardous substances at the Site within the meaning of Section administrative agreement and the Coordinating Committee and four opportunity for public comment. issue-specific Projects. The Projects are: 122(g)(1)(A) of CERCLA, 42 U.S.C. 9622(g)(1)(A); (2) Each party agrees to (1) The Toxics Release Inventory SUMMARY: In accordance with Section pay USEPA $1,050.00 in satisfaction of Project; (2) The State and Tribal 122(i) of the Comprehensive claims for past and future costs incurred Enhancement Project; (3) The Chemical Environmental Response, at the Site in connection with the Management Project; and (4) The Lead Compensation, and Liability Act of removal and disposal of approximately (Pb) Project. 1980, as amended (‘‘CERCLA’’), 42 1000 drums and their contents; (3) The U.S.C. 622(i), the U.S. Environmental parties agree to waive all claims against List of Subjects Protection Agency (‘‘EPA’’) Region II the United States that arise out of Environmental protection. announces a proposed administrative de response activities conducted at the minimis settlement pursuant to Section Dated: February 5, 1996. Site; and (4) USEPA affords the parties 122(g)(4) of CERCLA, 42 U.S.C. a covenant not to sue for past and future Susan B. Hazen, 9622(g)(4), relating to the Carroll & costs incurred at the Site and Director, Environmental Assistance Division, Dubies Superfund Site (the ‘‘Site’’), contribution protection as provided by Office of Pollution Prevention and Toxics. Town of Deerpark, Orange County, New CERCLA Sections 113(f)(2) and 122(g)(5) York. This Site is on the National [FR Doc. 96–3192 Filed 2–12–96; 8:45 am] upon satisfactory completion of Priorities List established pursuant to BILLING CODE 6560±50±F obligations under the Settlement. The Section 105(a) of CERCLA, 42 U.S.C. Site is not on the NPL, and no further 9605(a). This notice is being published response activities at the Site are [FRL±5421±5] to inform the public of the proposed anticipated at this time. The Attorney settlement and of the public’s Proposed CERCLA Section 122(g)(4) General has approved the Settlement. opportunity to comment. De Minimis Administrative Order on DATES: Comments on the proposed AOC The settlement, memorialized in an Consent for the Bohaty Drum Site in must be received by USEPA on or before Administrative Order on Consent Medina, OH March 14, 1996. (‘‘Order’’) is being entered into by EPA AGENCY: United States Environmental ADDRESSES: A copy of the proposed and the Reynolds Metals Company Protection Agency (‘‘USEPA’’). AOC is available for review at USEPA, (‘‘Respondent’’). The Respondent has Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5551 agreed to pay EPA $75,094.65 which DATES: Written comments should be Type of Review: Revision. represents a base payment ($38,727.29) submitted on or before April 15, 1996. Respondents: Businesses or other for- based on the Respondent’s If you anticipate that you will be profit. proportionate share of EPA’s past costs submitting comments, but find it Number of Respondents: 3090. for the Site and the projected first difficult to do so within the period of operable unit remedy costs, and a time allowed by this notice, you should Estimated Time Per Response: 20 premium ($36,367.36) which takes into advise the contact listed below as soon hours. consideration the risk that the ultimate as possible. Total Annual Burden: 61,800. cleanup costs for the first operable unit ADDRESS: Direct all comments to Needs and Uses: Telephone will exceed EPA’s current estimates. Dorothy Conway, Federal companies are required to submit data DATES: EPA will accept written Communications, Room 234, 1919 M annually to the National Exchange comments relating to the proposed St., NW., Washington, DC 20554 or via Carrier Association for the filing of settlement on or before March 14, 1996. internet to [email protected]. access tariffs. State or local telephone ADDRESSES: Comments should be FOR FURTHER INFORMATION CONTACT: For companies who want to participate in addressed to Sharon E. Kivowitz, New additional information or copies of the the federal assistance program must York/Caribbean Superfund Branch, information collections contact Dorothy make certain informational showings to Office of Regional Counsel, U.S. Conway at 202–418–0217 or via internet demonstrate eligibility. Environmental Protection Agency, 290 at [email protected]. Copies may also be OMB Approval No.: 3060–0400. Broadway, 17th Floor New York, New obtained via fax by contacting the York 10007–1866 and should refer to: In Commission’s Fax on Demand System. Title: Tariff Review Plan. Re: Carroll & Dubies Superfund Site, To obtain fax copies call 202–418–0177 Form No.: N/A. Town of Deerpark, New York, EPA from the handset on your fax machine, Type of Review: Revision. Index No. II-CERCLA–95–0217. and enter the document retrieval FOR FURTHER INFORMATION CONTACT: number indicated below for the Respondents: Businesses or other for- U.S. Environmental Protection Agency, collection you wish to request, when profit. Office of Regional Counsel, New York/ prompted. Number of Respondents: 46. Caribbean Superfund Branch, 17th SUPPLEMENTARY INFORMATION: Estimated Time Per Response: 40 Floor, 290 Broadway, New York, New OMB Approval No.: 3060–0392. hours. York 10007–1866, (212) 637–3183, Title: Pole Attachment Complaint Total Annual Burden: 1840 hours. Attention: Sharon E. Kivowitz. Procedures—Sections 1.1401 –1.1415. Needs and Uses: Certain local Dated: January 22, 1996. Form No.: N/A. William J. Muszynski, Type of Review: Extension. exchange carriers are required annually Acting Regional Administrator. Respondents: Businesses or other for- to submit Tariff Review Plan in partial fulfillment of cost support material [FR Doc. 96–3194 Filed 2–12–96; 8:45 am] profit, including small businesses, State required by 47 CFR Part 61. The BILLING CODE 6560±50±M or local governments. Number of Respondents: 7. information is used by FCC and the Estimated Time Per Response: 3 public to determine the justness and hours. reasonableness of rates, terms and FEDERAL COMMUNICATIONS conditions in tariffs as required by the COMMISSION Total Annual Burden: 42 hours. Needs and Uses: Congress mandated Communications Act of 1934, as Notice of Public Information pursuant to 47 U.S.C. Section 224 that amended. Collections Being Reviewed by the the FCC ensures that the rates, terms OMB Approval No.: 3060–0099. and conditions under which cable Federal Communications Commission Title: Form M - Annual Report Form television operators attach their M. January 31, 1996. hardware to utility poles are just and SUMMARY: The Federal Communications, reasonable. Section 224 also mandates Form No.: FCC Form M. as part of its continuing effort to reduce establishment of an appropriate Type of Review: Extension. paperwork burden invites the general mechanism to hear and resolve Respondents: Businesses or other for- public and other Federal agencies to complaints concerning the rates, terms profit. take this opportunity to comment on the and conditions for pole attachments. Number of Respondents: 3. following proposed and/or continuing Sections 1.1401–1.1415 contained in information collections, as required by Subpart J of Part 1 were promulgated to Estimated Time Per Response: 1120 the Paperwork Reduction Act of 1995, implement Section 224. See 47 CFR hours. Public Law 104–13. Comments are Sections 1.1401–1.1415. The Total Annual Burden: 3360. requested concerning (a) whether the information is submitted primarily by Needs and Uses: FCC Form M is the proposed collection of information is cable television operators in regards to Annual Report of financial and necessary for the proper performance of complaints concerning the rates, terms operating information from all subject the functions of the Commission, and conditions for pole attachments. telephone companies having annual including whether the information shall The information will be used to either operating revenues in excess of $100 have practical utility; (b) the accuracy of determine the merits of the complaint million. It is needed to provide the the Commissions burden estimates; (c) including calculating the maximum rate Commission with the data required to ways to enhance the quality, utility, and under the Commission’s formula. The fulfill its regulatory responsibilities. clarity of the information collected and respondents affected are cable television (d) ways to minimize the burden of the operators and utility companies. Federal Communications Commission. collection of information on the OMB Approval No.: 3060–0233. William F. Caton, respondents, including the use of Title: Part 36, Jurisdictional Acting Secretary. automated collection techniques or Separations Procedures. [FR Doc. 96–3125 Filed 2–12–96; 8:45 am] other forms of information technology. Form No.: N/A. BILLING CODE 6712±01±F 5552 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Public Information Collection permittee or licensee during their emergency broadcast and to confirm Approved by Office of Management license term. that an actual emergency exists. and Budget OMB Control No.: 3060–0180. OMB Control No.: 3060–0184. Expiration Date: 1/31/99. Expiration Date: 1/31/99. February 6, 1996. Title: Section 73.1610 Equipment Title: Section 73.1740 Minimum The Federal Communications Tests. Operating Schedule. Commission (FCC) has received Office Estimated Annual Burden: 306 total Estimated Annual Burden: 203 total of Management and Budget (OMB) annual hours; average 30 minutes per annual hours; average 30 minutes ; 405 approval for the following public respondent; 612 respondents. respondents. information collection pursuant to the Description: Section 73.1610 requires Description: Section 73.1740 requires Paperwork Reduction Act of 1995, Pub. the permittee of a new broadcast station licensees of commercial broadcast L. 96–511. An agency may not conduct to notify the FCC of its plans to conduct stations to notify the FCC in or sponsor a collection of information equipment tests for the purpose of Washington, DC, when events beyond unless it displays a currently valid making adjustments and measurements their control make it impossible to control number. Not withstanding any as may be necessary to assure continue operation or to adhere to the other provisions of law, no person shall compliance with the terms of the required operating schedules set forth in be subject to any penalty for failing to construction permit and applicable this section. In addition, the FCC must comply with a collection of information engineering standards. The data are be notified when normal operation is subject to the Paperwork Reduction Act used by FCC staff to assure compliance resumed. No further authority is needed (PRA) that does not display a valid with the terms of the construction for limited operation or discontinued control number. Questions concerning permit and applicable engineering operation for a period not exceeding 30 the OMB control numbers and standards. days. Should events beyond the expiration dates should be directed to OMB Control No.: 3060–0691. licensees control make it impossible for Dorothy Conway, Federal Expiration Date: 4/30/96. compliance with in the required 30 day Communications Commission, (202) Title: Amendment of Parts 2 and 90 of time period, an informal written request 418–0217. the Commission’s Rules to Provide for shall be submitted to the FCC requesting the amount of additional time that the Federal Communications Commission the Use of 200 Channels Outside the Designated Filing Areas in the 896–901 licensee deems necessary. The data are OMB Control No.: 3060–0170. MHz Bands Allotted to the SMR used by FCC staff to authorize Expiration Date: 1/31/99. licensees. temporarily a limited operation or Title: Section 73.1030 Notifications Estimated Annual Burden: 800 total discontinuance of operation. Concerning Interference to Radio annual hours; 2–7 hours per respondent; Federal Communications Commission. Astronomy, Research and Receiving 1,020 respondents. William F. Caton, Installations. Description: This information will be Acting Secretary. Estimated Annual Burden: 30 total used by the Commission to determine [FR Doc. 96–3126 Filed 2–12–96; 8:45 am] annual hours; average 1 hour per whether the applicant is legally BILLING CODE 6712±01±F respondent; 30 respondents. technically and financially qualified to Description: Section 73.1030 requires be a licensee. Without such information broadcast licensees to provide written the Commission could not determine FEDERAL DEPOSIT INSURANCE notification to the interference office at whether to issue the licenses to the CORPORATION Green Bank, WV, setting forth the applicants that provide particulars of a proposed station within telecommunications services to the Policy Statement on Securing Leased the geographic coordinates of the public and therefore fulfill its statutory Space National Radio Astronomy Observatory responsibilities in accordance with the or the Naval Radio Research Communications Act of 1934, as AGENCY: Federal Deposit Insurance Observatory in WV. Data is used by amended. The information will also be Corporation (FDIC). Interference Office to enable them to file used to ensure the market integrity of ACTION: Statement of policy. objections with the FCC to minimize the auction. SUMMARY: The FDIC has adopted a potential interference. OMB Control No.: 3060–0194. statement of policy which establishes OMB Control No.: 3060–0449. Expiration Date: 1/31/99. the procedures that the FDIC will use Expiration Date: 1/31/99. Title: Section 74.21 Broadcasting when it leases space. The procedures Title: Section 1.65(c) Substantial and Emergency Information. Significant Changes in Information Estimated Annual Burden: 2 total have been designed to generate Furnished by Applicants to the annual hours; average 30 minutes per sufficient competition to ensure a good Commission. respondent; 2 respondents. economic deal for the FDIC while Estimated Annual Burden: 9 total Description: Section 74.21 requires providing a level playing field for all annual hours; 1 hour and 30 minutes that a licensee of an auxiliary broadcast competitors. Most of the procedures per respondent; 6 respondents. station notify the FCC in Washington, contained in the policy have been in use Description: Section 1.65(c) requires DC, as soon as practicable, when that for the past five years. broadcast permittees and licensees to station is operated in a manner other EFFECTIVE DATE: February 6, 1996. report annually any finding or adverse than that for which it is authorized. This FOR FURTHER INFORMATION CONTACT: final action that involves conduct notification shall specify the nature of Lynn T. Anderson, Chief, Leasing & bearing on their character qualifications. the emergency and the use to which the Insurance Unit, Facilities Development This information enables the station is being put. The licensee shall Section, (202–942–3259), Division of Commission to determine whether also notify the FCC when the emergency Administration, 550 17th Street NW., broadcast permittees and licensees operation has been terminated. These Washington, DC 20429. maintain the requisite character notifications are used by FCC staff to SUPPLEMENTARY INFORMATION: The text of qualifications to be a broadcast evaluate the need and nature of the the policy statement follows: Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5553

Policy Statement on Securing Leased interest for space meeting the following It should be noted that when requests Space minimum criteria: for BAFO’s are issued, any offeror who (a) The location must be within the I. Purpose. To establish: has not provided the required fitness A. The procedures that the FDIC will described geographic boundaries; and and integrity information on the (b) The building must meet the follow when leasing space; and Representations and Certifications Form minimum space requirements. B. Official written guidance for FDIC will be disqualified from further (3) Issue the Request For Proposal personnel who have the responsibility consideration. Unless there is sufficient (RFP). Upon receipt of all letters of of carrying out those procedures. information to determine that the interest, the FDIC will call each of the II. Applicability. The procedures building owner has no conflicts, it will interested parties to verify that they outlined in this policy statement will be be assumed that one or more conflicts meet the minimum criteria, and if they used for all FDIC lease acquisitions over exist. are a broker, they will be required to 10,000 square feet, except for those (7) Review Best and Final Offers. An submit evidence that they represent the executed by the FDIC when acting as the economic analysis including all cost owner of the particular building. RFP’s conservator of a failed financial factors and using the same criteria/ which detail the basic space and facility institution or when operating as a bridge assumptions will be performed for each requirements and include the FDIC’s bank. proposal. To assure each proposal is Standard Lease and the Leasing III. Policy. It is the policy of the FDIC judged fairly, and to take into Representations and Certification forms to lease space which provides a safe, consideration the time value of money, will then be mailed to all offerors who efficient and pleasant work environment a net present value analysis is meet the minimum criteria. for its employees, meets the performed. (4) Review Responses. When the The following items are factored into programmatic needs of the organization responses to the RFP are received, an and provides the FDIC with the best the financial analysis: initial review will be made to determine (a) Cost per square foot. value in terms of cost and other factors. if all basic information is included, (b) Efficiency of the building in Further, the method of competition used especially the Leasing Representations rentable vs. actual useable square feet. to select space will be fair for all offerors and Certifications Form. The (c) Rent abatement or lease that meet the basic criteria. information provided on this form is the assumption offered (if any). IV. Procedures. Depending on basis for determining the fitness and (d) Cash concessions, incentives, and whether the lease acquisition represents integrity of each of the respondents and non-cash concessions, such as a new lease, a lease renewal or a lease whether or not they can do business construction, materials, etc. extension, the process for securing with the FDIC. Each offeror must submit (e) Estimated cost of architectural leased space will be as follows: the form correctly and completely prior fees. A. New Leases. to the request for Best and Final Offers (f) Estimated cost to build-out the (1) Define Geographic Boundaries. (BAFO). space. Once the general location for a new Also, a preliminary financial analysis (g) Estimated relocation costs for the office has been determined or it is is made on each proposal. office move. determined that an existing office (5) Tour Buildings. The FDIC tours all (h) Estimated cabling and should remain in a general metropolitan buildings that submit a response to the telecommunication costs. area, the FDIC will define the specific RFP, accompanied by a licensed (i) Estimated increases in operating geographic boundaries. independent appraiser who is familiar expenses over the base year amount. The FDIC will conduct a survey to with the local real estate market. The (j) Estimated cost of parking, when determine the general market appraiser determines the designation of applicable. conditions, including current rental each building (Class A, B, C, etc.). The location of the office and the rates, vacancy rates and a listing of During this tour, specific issues with availability of public transportation will buildings with sufficient space to fulfill each building are noted so that they can determine whether or not parking will the FDIC’s requirements. This be addressed in the request for BAFO’s. be included in the financial analysis. If information enables the FDIC to set the (6) Issue Request for BAFO’s. The parking is included, participants in the geographic area in which the space will FDIC will compile a short list of RFP process will be advised in the be competed so that there are a potential landlords based on their initial RFP of the approximate number reasonable number of buildings to proposals and the results of the tours. of spaces needed. ensure sufficient competition. This list will be developed using the A financial analysis is prepared for The geographic boundaries are set below listed items to qualify or each building for which a BAFO has based on the information in the market disqualify landlords: been received. In addition, the FDIC survey and the following criteria: (a) Did the ownership clear all performs calculations from building (a) Access to other FDIC offices. conflict and fitness and integrity issues? plans to verify each offeror’s stated (b) Access to other financial and/or (b) Did the space qualify for FDIC use? usable square footage. regulatory agencies. (Typically, the FDIC utilizes Class A (8) Award Lease. Based on the (c) Access to public transportation space. In some cases, however, due to financial analysis of the BAFO’s, the (walking distance). market conditions, the FDIC may FDIC awards the lease to the offeror (d) Access to major highways and consider Class B space.) whose proposal is the most favorable to airport. (c) Are the economics of the proposal the FDIC, considering cost and other (e) Located in an area with a low in the competitive range? factors, after obtaining appropriate crime rate in order to assure the safety (d) Is there enough contiguous space approvals in accordance with the of the FDIC’s employees and visitors. to meet the requirement? Corporate Delegations of Authority. (2) Advertise. Once geographic (e) Will the space be available within B. Lease Renewals. Normally, when boundaries have been established, the the required time frame? the need for space will continue beyond FDIC will advertise in the local (f) Does the landlord offer the the lease expiration date, the FDIC will newspaper and the local commercial required flexibility for early termination begin the process of seeking competitive real estate paper to solicit letters of or downsizing? offers for the continuing requirement 5554 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices prior to lease expiration. However, if the rates, and the effective rates of recently Policy Statement on the Fitness and lease contains an option to renew and completed comparable deals. Integrity of Lessors of Real Property to the FDIC determines that it is in its best (b) Proposal from Landlord. Solicit a the FDIC interest to remain at the same location, proposal from the current landlord that I. Purpose. To establish: the option can be exercised provided addresses the criteria and needs of the A. Minimum standards governing the following information is collected FDIC. Conflicts of Interest and ethical and shows that remaining in the same (c) Fitness and Integrity. Obtain a new responsibilities for Lessors who have location is the best alternative: Representations and Certifications form entered into Leases with the FDIC, or (1) Market Survey. Contract with a from the landlord to check fitness and who seek to lease real property to the local real estate professional to perform integrity. FDIC; and a market survey that will report on (d) Cost Comparison. Compare the B. Official written guidance for FDIC current vacancy rates, current asking cost of staying at the current location personnel including, without limitation, rates, and the effective rates of recently versus the estimated cost of relocating. personnel in the Division of completed comparable deals. (e) Negotiate. Renegotiate any terms of Administration, the Division of (2) Proposal from Landlord. Solicit a the lease that may have caused Supervision and the Office of the proposal from the current landlord that problems during the initial term. Executive Secretary, on the addresses the criteria and needs of the (f) Obtain Approvals and Execute implementation of those minimum FDIC. Lease Amendment. Since a long-term standards. (3) Fitness and Integrity. Obtain a new lease extension could be considered a II. Applicability. This policy will Representations and Certifications form non-competitive procurement, the apply to: from the landlord to check fitness and Board of Directors must approve all A. All Leases of 10,000 square feet or integrity. such extensions before the lease more awarded as a result of Requests for (4) Cost Comparison. Compare the amendment is executed. Proposals issued after the date of this cost of staying at the current location (2) Short-Term Extensions. When the policy; and under the renewal option to the term of the proposed lease extension B. All Lease Amendments entered estimated cost of relocating. will be six months or less, the lease into after the date of this policy to (1) If it appears that the best option is to amendment can be executed after Existing Leases of 10,000 square feet or remain at the current location after appropriate approvals are obtained in more, or (2) existing Leases of less than gathering and analyzing this data, the accordance with the Corporate 10,000 square feet where the total FDIC will attempt to renegotiate any Delegations of Authority. square footage of the Lease will be terms of the current lease that caused By order of the Board of Directors, 10,000 square feet or more if the Lease problems during the initial lease term. dated at Washington, DC, this 6th day Amendment is executed. If the economic terms of the proposed of February, 1996. III. Definitions. As used in this policy extension prove that it will be less Federal Deposit Insurance Corporation. statement: expensive to stay in the existing space, A. Company means any corporation, Jerry L. Langley, and if there are no remaining problems firm, partnership, society, joint venture, with the terms of the lease, a lease Executive Secretary. business trust, association or similar amendment will be prepared and [FR Doc. 96–3130 Filed 2–12–96; 8:45 am] organization, or any other trust, or any executed after appropriate approvals are BILLING CODE 6714±01±P other organization or institution. obtained in accordance with the B. Conflict of Interest means a Corporate Delegations of Authority. situation in which: C. Lease Extensions. A lease extension Policy Statement on the Fitness and (1) A Lessor or a Lessor’s Affiliate is differs from a lease renewal because (1) Integrity of Lessors of Real Property to adverse to the FDIC, RTC, Federal There are no options to exercise and the the FDIC Savings and Loan Insurance Corporation FDIC needs to remain in the space AGENCY: Federal Deposit Insurance (FSLIC), or their successors in a lawsuit, beyond the lease expiration date, or (2) Corporation (FDIC). for which no final adjudication or the existing option(s) are unacceptable settlement has occurred; or ACTION: Statement of policy. and the FDIC needs to remain in the (2) A Lessor or a Lessor’s Affiliate has space beyond the lease expiration date. SUMMARY: The FDIC has adopted a caused a Substantial Loss to Federal A lease extension is not meant to be statement of policy which establishes Deposit Insurance Funds within the ten a long-term solution to a space the standards of fitness and integrity for year period preceding the submission of acquisition problem or to circumvent Lessors who lease space to the FDIC. its offer; or the competitive space acquisition The policy statement ensures that the (3) A Lessor or a Lessor’s Affiliate has process. It is meant to provide the FDIC FDIC addresses conflicts of interest been convicted of a Fraud Offense or of additional time to determine its long- associated with the ownership of conspiring to commit a Fraud Offense term requirements, which will then be buildings leased by the Corporation. affecting any Insured Depository included in a formal competition. The policy statement is consistent with Institution; or Therefore, a lease extension will not be the purposes of section 19 of the RTC (4) A Lessor or a Lessor’s Affiliate has longer than three years. Completion Act. Defaulted on a Material Obligation (1) Long-Term Lease Extensions. As within the last five years; or EFFECTIVE DATE: February 6, 1996. with a lease renewal, the following (5) A Lessor or a Lessor’s Affiliate has requirements need to be fulfilled if the FOR FURTHER INFORMATION CONTACT: been removed from, or prohibited from lease is to be extended for a period Joanna K. Lyckberg, Policy Analyst, participating in the affairs of any longer than six months: (202–942–3217), Division of Insured Depository Institution pursuant (a) Market Survey. Contract with a Administration, 550 17th Street NW., to any final enforcement action by the local real estate professional to perform Washington, DC 20429. Office of the Comptroller of the a market survey that will report on SUPPLEMENTARY INFORMATION: The text of Currency, the Office of Thrift current vacancy rates, current asking the policy statement follows: Supervision, the Board of Governors of Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5555 the Federal Reserve System, or the FDIC submitted an Offer to lease or sublease A. Conflicts of Interest. or their successors; or real property to the FDIC, or which has (1) Conflicts of Interest in existence (6) A situation in which the FDIC entered into a Lease or a sublease with prior to submission of an Offer. determines, in its sole discretion, that the FDIC. (a) A Lessor shall provide all the FDIC’s award of a Lease to a Lessor L. Lessor’s Affiliate means: information and certifications required could cause a reasonable person to (1) if the Lessor is a Company, (a) any in paragraph V.B. hereof at the time it question the integrity of the FDIC’s general partner of the Lessor, or (b) any makes an Offer to the FDIC. operations. An example (without beneficial owner of a 25% or greater (b) A Lessor that has a Conflict of limitation) of a Conflict of Interest equity interest in the Lessor; or Interest as defined at paragraph III.B.(1) determined by the FDIC is a situation in (2) any Company of which the Lessor through (4) of this policy statement which an individual who is not a is (a) A general partner, or (b) in which shall, with its Offer, request that the Lessor’s Affiliate, but has a direct or the Lessor is the beneficial owner of a Conflict of Interest be waived in indirect equity interest in the Lessor, or 25% or greater equity interest; or accordance with paragraph IV.B., or directly or indirectly controls the (3) if the Lessor is an individual, any propose how the Lessor will eliminate Lessor, has been convicted of a Fraud Family Member of the Lessor. the Conflict of Interest. Offense. A Lessor’s Affiliate may be either an (c) The Executive Secretary or C. Default on a Material Obligation individual or a Company. designee, in his or her discretion, may M. Obligation means a commitment to means a loan or advance from an waive the Conflict of Interest in pay money to an Insurer, that is Insured Depository Institution which accordance with paragraph IV.B., or currently owing to, and held by, an has been delinquent for 90 or more days may approve in writing a Lessor’s Insurer, and which currently is not as to payment of principal or interest, or proposal to eliminate the Conflict of performing in accordance with the a combination thereof, with a remaining Interest for purposes of the specific terms thereof (including any balance of principal, and accrued Lease. modifications thereto), including, interest on the ninetieth day, or any (2) Conflicts of Interest arising after without limitation, (1) Any unsatisfied time thereafter, in an amount in excess submission of an Offer but prior to final judgment, and (2) any guarantee of of $1,000,000. entering into a Lease. D. Family Member means the Lessor’s any Obligation. N. Offer means a proposal to enter (a) If, after submitting its Offer, but spouse or dependent child. prior to entering into a Lease, a Lessor E. FDIC means the Federal Deposit into a Lease. discovers that it has a Conflict of Insurance Corporation in its O. RTC means the Resolution Trust Interest, it must notify the FDIC in receivership and corporate capacities. It Corporation in any of its capacities. writing within five business days of does not mean the FDIC in its P. Substantial Loss to Federal Deposit such discovery. The Lessor shall conservatorship capacity or when it is Insurance Funds means: An Obligation include with such notification a operating a bridge bank. that is or has been delinquent for 90 or detailed description of the Conflict of F. Fraud Offense means any felony more days as to payment of principal, Interest, and either (i) A statement of offense under the sections of title 18 interest, or a combination thereof and how it intends to eliminate the Conflict U.S. Code as listed in Part IX, or similar on which there remains a legal duty to of Interest; or (ii) a request for a waiver offenses under state laws. pay an amount in excess of $50,000. A G. Insured Depository Institution Substantial Loss to Federal Deposit of the Conflict of Interest. means any bank or savings association Insurance Funds does NOT include (b) The Executive Secretary or the deposits of which are insured by the situations where the Obligation (1) has designee, in his or her discretion, may FDIC. been fully resolved and the debtor has waive the Conflict of Interest in H. Insurer means the FDIC, RTC, been released in full by the applicable accordance with paragraph IV.B., or FSLIC or their successors; or the Bank Insurer, or (2) has been sold or may approve in writing a Lessor’s Insurance Fund, the Savings transferred by the applicable Insurer proposal to eliminate the Conflict of Association Insurance Fund, the FSLIC and such Insurer retains no interest Interest for purposes of the specific Resolution Fund, or funds maintained therein. Lease. by the RTC for the benefit of insured IV. Policy. (3) Conflicts of Interest that arise after depositors. A. General. The FDIC will not entering into a Lease. FDIC Lease I. Lease means a lease or sublease of consider Offers from Lessors, award agreements shall require that the Lessor real property for the use of the FDIC Leases to Lessors, or enter into Lease notify the FDIC in writing within five (including its contractors) as tenant, Amendments with Lessors that either (a) business days after discovering a including but not limited to warehouse, fail to provide any of the information Conflict of Interest that arises after the office and retail space. As used herein, required by this policy; or (b) have Lessor and the FDIC have entered into ‘‘Lease’’ does not include contracts for Conflicts of Interest, unless such a Lease. The Lessor shall include with storage services. Conflicts of Interest are eliminated by such notification a detailed description J. Lease Amendment means any the Lessor or waived by the FDIC. of the Conflict of Interest, and either (i) change to a Lease which extends the B. Waivers. Waivers of Conflicts of A statement of how it intends to term of the Lease, increases the rentable Interest will be granted only when, in eliminate the Conflict of Interest; or (ii) square footage of the premises leased, or light of all relevant circumstances, the a request for a waiver of the Conflict of increases the rent paid under the Lease. Executive Secretary, or the designee of Interest. After receipt of such notice As used herein, however, ‘‘Lease the Executive Secretary determines in from the Lessor, the FDIC shall take Amendment’’ does not refer to the his or her discretion that the interests of such action as it determines is in the exercise of a priced renewal option or the FDIC in entering into a Lease or a FDIC’s best interests, including: an expansion option at a predetermined Lease Amendment with the Lessor (a) The FDIC shall notify the Lessor in rental rate under any Lease entered into outweigh the concern that a reasonable writing of its finding as to whether a prior to the date of this policy. person may question the integrity of the Conflict of Interest exists. If the FDIC K. Lessor means an individual or a FDIC’s operations. finds that a Conflict of Interest exists, Company which intends to or has V. Procedures. the FDIC shall also notify the Lessor in 5556 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices writing of the basis for such V.A.(4)(a)(i)[3], the Lessor can request (v) When applicable, a list and determination, and when applicable that the FDIC reevaluate its description of any instances in which (i) whether a waiver will be granted, determination if the FDIC’s the Lessor or any Lessor’s Affiliate has and if so, the terms and conditions of determination was based solely on been removed from, or prohibited from such waiver; or information from a source other than the participating in the affairs of any (ii) a description of the corrective Lessor, and the Lessor can demonstrate Insured Depository Institution pursuant actions, if any, that the Lessor will take that such information was incomplete or to any final enforcement action by the in order to eliminate the Conflict of incorrect. After reviewing the Lessor’s Office of the Comptroller of the Interest. Corrective actions must be additional or corrected information, the Currency, the Office of Thrift completed by the Lessor not later than FDIC will notify the lessor promptly Supervision, the Board of Governors of 30 days after notification is mailed by whether or not it will reverse its the Federal Reserve System, or the FDIC the FDIC unless the FDIC, in its sole determination that a Conflict of Interest or their successors; and discretion, determines that it is in the exists. (vi) The Lessor’s request for waiver of best interests of the FDIC to grant the (5) Reconsideration of decisions. The such Conflicts of Interest or proposal for Lessor an extension in which to Lessor may request that the Chairman or elimination of such Conflicts of Interest; complete such corrective action. designee(s) reconsider FDIC decisions and (b) Unless the FDIC waives the regarding acceptance of a Lessor’s (c) A description of any commitment Conflict of Interest or the Lessor proposal for the elimination of a to pay $50,000 or more to an Insurer eliminates the Conflict of Interest the Conflict of Interest, or the issuance of a that has been fully released by the FDIC shall not enter into any Lease requested waiver to a Conflict of Insurer but for which the Insurer Amendments with the Lessor. Interest. Such requests must be in received less than 100% (including (4) Conflicts of Interest discovered by writing and contain the reasons for the interest, late charges and other costs of the FDIC. The FDIC will review all request. The Chairman or designee(s) collection) of the amount due; and information provided by the Lessor with shall have the right to decline (d) Any other information which the its Offer, as well as information from reconsideration. FDIC may deem appropriate. other sources that the FDIC determines B. Information required to be (2) Subsequent submissions. FDIC is relevant. If the FDIC, in its sole submitted. Lease agreements shall require that discretion determines, based on such (1) Initial submission. Every Lessor during the term of the Lease, the Lessor reviews, that a Conflict of Interest exists, shall submit a completed ‘‘FDIC Leasing shall: an FDIC representative shall notify the Representations and Certifications’’ (a) immediately notify the FDIC if any Lessor of the basis for such form, including Part II, ‘‘Lessor Fitness of the information submitted pursuant determination. and Integrity Certification’’ and such to this policy was incorrect at the time (a) If the FDIC discovers a Conflict of other information as the FDIC may deem of submission or has subsequently Interest after submission of an Offer, but appropriate to permit it to make a become incorrect; and prior to entering into a Lease: determination with respect to Conflicts (b) at any time, submit such (i) The Lessor must respond to the of Interest at the time the Lessor submits information as the FDIC requests in FDIC in writing, within five business an Offer and prior to entering into any order to permit the FDIC to determine days of the FDIC’s notification of its Lease Amendment. Among other items, if a Conflict of Interest exists. determination in one of the following the form shall require that the Lessor (3) Failure to provide information. ways: provide the following: Any Lessor who fails to provide any of [1] Stating how it intends to eliminate (a) Certifications that no Conflicts of the information required by this policy the Conflict of Interest; or Interest, as defined in paragraph III.B. will neither be considered for, nor be [2] Requesting that the FDIC waive the (1) through (4) exist, or; eligible for, the award of a Lease or a Conflict of Interest; or (b) In the event that one or more Lease Amendment. [3] If the FDIC’s determination was Conflicts of Interest exist, the following (4) Misstatement of material fact. Any based solely on information from a information: Lessor who misstates or fails to disclose source other than the Lessor, and the (i) When applicable, a description of to the FDIC a material fact or any Lessor can demonstrate that such any lawsuit in which the Lessor or any Conflict of Interest, as defined in information was incomplete or Lessor’s Affiliate is adverse to the FDIC, paragraph III.B.(1) through (4), whether incorrect, the Lessor may provide RTC, FSLIC, or their successors and for prior to or during the term of the Lease, additional or corrected facts and request which no final adjudication or will not be considered eligible for the that the FDIC consider such facts and settlement has occurred; award of any Lease or Lease reevaluate its determination that a (ii) When applicable, a list and Amendment. Conflict of Interest exists. After description of any instance during the VI. Lease agreement requirements reviewing the Lessor’s additional or five years preceding the submission of A. Retention of information. FDIC corrected information, the FDIC will the Offer in which the Lessor or any Lease agreements shall specify that the notify the Lessor promptly whether it Lessor’s Affiliate has caused a Lessor shall retain the information upon confirms its determination that a Substantial Loss to Federal Deposit which it relied in preparing its Conflict of Interest exists. Insurance Funds; certification(s) during the term of the (ii) If the Lessor does not respond in (iii) When applicable, a list and Lease and for a period of three years writing to the FDIC within five business description of any Fraud Offense of following the termination or expiration days, the FDIC shall deem the Lessor’s which the Lessor or any Lessor’s of the Lease or any extension thereof, Offer to have been withdrawn. Affiliate has been convicted; and shall make such information (b) If the FDIC discovers a Conflict of (iv) When applicable, a list and available for review by the FDIC upon Interest after entering into a Lease, the description of any instance during the request. FDIC shall take such action as it five years preceding the submission of B. Response to requests for additional determines is in the FDIC’s best interest, the Offer in which the Lessor or any information. FDIC Lease agreements including the actions described at Lessor’s Affiliate has Defaulted on a shall specify that any Lessor who fails V.A.(3) (a) and (b). As detailed at Material Obligation; to respond to a request for information Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5557 made by the FDIC pursuant to Section Q. Concealment of assets from Recovery Directorate, Federal V.B.2.(b) of this policy, shall be in conservator, receiver, or liquidating Emergency Management Agency, default under the Lease for which such agent of financial institution (18 U.S.C. Washington, DC 20472, (202) 646–3606. information was requested. 1032). SUPPLEMENTARY INFORMATION: The notice C. Additional Lease agreement R. Chapter 63 Mail Fraud (18 U.S.C. of a major disaster for the State of New provisions. In addition to the provisions 1341 through 1344). Jersey, is hereby amended to designate of this policy, the FDIC may include in S. Laundering of monetary the following areas as those areas its Lease agreements such provisions, instruments (18 U.S.C. 1956). determined to have been adversely conditions and limitations as the FDIC By order of the Board of Directors, dated affected by the catastrophe declared a deems necessary, including additional at Washington, DC, this 6th day of February, major disaster by the President in his standards for Lessor fitness and 1996. declaration of January 13, 1996: integrity, and minimum standards of Federal Deposit Insurance Corporation. Atlantic, Bergen, Burlington, Camden, ethical responsibility for Lessors. Jerry L. Langley, Cape May, Cumberland, Essex, Gloucester, VII. Delayed compliance in Executive Secretary. Hudson, Hunterdon, Mercer, Middlesex, emergencies. In emergencies, when [FR Doc. 96–3129 Filed 2–12–96; 8:45 am] Monmouth, Morris, Ocean, Passaic, Salem, unforeseeable circumstances make it BILLING CODE 6714±01±P Somerset, Sussex, Union, and Warren necessary to enter into a Lease Counties for reimbursement for the costs of immediately in order to protect FDIC equipment, contracts, and personnel personnel or property, the FDIC may overtime that are required to clear one lane FEDERAL EMERGENCY in each direction along snow emergency delay compliance with this policy. MANAGEMENT AGENCY VIII. Finality of determination. Any routes (or select primary roads in those determination made by the FDIC [FEMA±1094±DR] communities without such designated roadways), and routes necessary to allow the pursuant to this policy shall be in the passage of emergency vehicles to hospitals, FDIC’s sole discretion and shall not be Maryland; Amendment to Notice of a Major Disaster Declaration nursing homes, and other critical facilities. subject to further review, except as (Catalog of Federal Domestic Assistance No. otherwise provided pursuant to a AGENCY: Federal Emergency 83.516, Disaster Assistance.) specific Lease agreement. Management Agency (FEMA). G. Clay Hollister, IX. General. Felony offenses as used ACTION: Notice. in the standards set forth in this Deputy Associate Director, Response and Recovery Directorate. statement of policy mean the following SUMMARY: This notice amends the notice statutes that establish standards to of a major disaster for the State of [FR Doc. 96–3136 Filed 2–12–96; 8:45 am] which a Lessor’s conduct must conform Maryland (FEMA–1094–DR), dated BILLING CODE 6718±02±P and which shall not have been violated. January 23, 1996, and related This list is as follows: determinations. [FEMA±1095±DR] A. Bribery of Public Officials (18 EFFECTIVE DATE: February 2, 1996. U.S.C. 201). FOR FURTHER INFORMATION CONTACT: New York; Amendment to Notice of a B. Offer of a loan or gratuity to bank Pauline C. Campbell, Response and Major Disaster Declaration examiners (18 U.S.C. 212). Recovery Directorate, Federal C. Continuing financial crimes AGENCY: Federal Emergency Emergency Management Agency, Management Agency (FEMA). enterprise (18 U.S.C. 225). Washington, DC 20472, (202) 646–3606. ACTION: Notice. D. Taking or using papers relating to SUPPLEMENTARY INFORMATION: Notice is claims (18 U.S.C. 285). hereby given that the incident period for SUMMARY: This notice amends the notice E. Conspiracy to defraud the this disaster is closed effective January of a major disaster for the State of New Government with respect to claims (18 31, 1996. York, (FEMA–1095–DR), dated January U.S.C. 286). F. False, fictitious or fraudulent (Catalog of Federal Domestic Assistance No. 24, 1996, and related determinations. claims (18 U.S.C. 287). 83.516, Disaster Assistance.) EFFECTIVE DATE: February 5, 1996. G. Bonds and obligations of certain Dennis H. Kwiatkowski, FOR FURTHER INFORMATION CONTACT: lending agencies (18 U.S.C. 493). Deputy Associate Director, Response and Pauline C. Campbell, Response and H. Contractors’ bonds, bids, and Recovery Directorate. Recovery Directorate, Federal public records (18 U.S.C. 494). [FR Doc. 96–3141 Filed 2–12–96; 8:45 am] Emergency Management Agency, I. Contracts, deeds, and powers of BILLING CODE 6718±02±P Washington, DC 20472, (202) 646–3606. attorney (18 U.S.C. 495). SUPPLEMENTARY INFORMATION: The notice J. Chapter 31 Embezzlement and Theft [FEMA±1088±DR] of a major disaster for the State of New (18 U.S.C. 642 through 668). York, is hereby amended to include the K. Statements or entries generally (18 New Jersey; Amendment to Notice of following areas among those areas U.S.C. 1001). a Major Disaster Declaration determined to have been adversely L. Possession of false papers to affected by the catastrophe declared a AGENCY: Federal Emergency defraud United States (18 U.S.C. 1002). major disaster by the President in his Management Agency (FEMA). M. Bank entries, reports and declaration of January 24, 1996: transactions (18 U.S.C. 1005). ACTION: Notice. N. Federal credit institution entries, The counties of Albany, Allegany, reports and transactions (18 U.S.C. SUMMARY: This notice amends the notice Cattaraugus, Cayuga, Chenango, Cortland, of a major disaster for the State of New Dutchess, Montgomery, Orange, Rensselaer, 1006). and Tompkins for Public Assistance and O. Federal Deposit Insurance Jersey, (FEMA–1088–DR), dated January 13, 1996, and related determinations. Hazard Mitigation Assistance (already Corporation transactions (18 U.S.C. designated for Individual Assistance). 1007). EFFECTIVE DATE: February 2, 1996. The counties of Franklin, Jefferson, Lewis, P. Loans and credit applications FOR FURTHER INFORMATION CONTACT: Livingston, Madison, Ontario, Putnam, generally (18 U.S.C. 1014). Pauline C. Campbell, Response and Schuyler, Washington, Wyoming and Yates 5558 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices for Public Assistance and Hazard Mitigation Carolina, (FEMA–1087–DR), dated Emergency Management Agency, Assistance. January 13, 1996, and related Washington, DC 20472, (202) 646–3606. (Catalog of Federal Domestic Assistance No. determinations. SUPPLEMENTARY INFORMATION: Notice is 83.516, Disaster Assistance.) EFFECTIVE DATE: February 2, 1996. William C. Tidball, hereby given that, in a letter dated FOR FURTHER INFORMATION CONTACT: Associate Director, Response and Recovery January 27, 1996, the President declared Pauline C. Campbell, Response and a major disaster under the authority of Directorate. Recovery Directorate, Federal the Robert T. Stafford Disaster Relief [FR Doc. 96–3138 Filed 2–12–96; 8:45 am] Emergency Management Agency, and Emergency Assistance Act (42 BILLING CODE 6718±02±P Washington, DC 20472, (202) 646–3606. U.S.C. 5121 et seq.), as follows: SUPPLEMENTARY INFORMATION: The notice [FEMA±1083±DR] of a major disaster for the State of North I have determined that the damage in Carolina, is hereby amended to certain areas of the State of Ohio, resulting New York; Amendment to Notice of a designate the following areas as those from severe storms and flooding on January Major Disaster Declaration areas determined to have been adversely 20, 1996, and continuing, is of sufficient affected by the catastrophe declared a severity and magnitude to warrant a major AGENCY: Federal Emergency disaster declaration under the Robert T. Management Agency (FEMA). major disaster by the President in his declaration of January 13, 1996: Stafford Disaster Relief and Emergency ACTION: Notice. Assistance Act (‘‘the Stafford Act’’). I, Alamance, Alexander, Alleghany, Ashe, therefore, declare that such a major disaster SUMMARY: This notice amends the notice Avery, Bertie, Buncombe, Burke, Cabarrus, exists in the State of Ohio. of a major disaster for the State of New Caldwell, Camden, Caswell, Catawba, York, (FEMA–1083–DR), dated January Chatham, Cherokee, Chowan, Cleveland, In order to provide Federal assistance, you are hereby authorized to allocate from funds 12, 1996, and related determinations. Davidson, Davie, Durham, Edgecombe, Forsyth, Franklin, Gaston, Gates, Graham, available for these purposes, such amounts as EFFECTIVE DATE: February 2, 1996. Granville, Guilford, Halifax, Harnett, you find necessary for Federal disaster FOR FURTHER INFORMATION CONTACT: Haywood, Henderson, Hertford, High Point, assistance and administrative expenses. Pauline C. Campbell, Response and Iredell, Jackson, Johnston, Lee, Lincoln, You are authorized to provide Individual Recovery Directorate, Federal Macon, Madison, McDowell, Mecklenburg, Assistance and Hazard Mitigation in the Emergency Management Agency, Mitchell, Montgomery, Moore, Nash, designated areas. Public Assistance may be Washington, DC 20472, (202) 646–3606. Northampton, Orange, Pasquotank, Person, added at a later date, if requested and SUPPLEMENTARY INFORMATION: The notice Pitt, Polk, Randolph, Rockingham, Rowan, warranted. Consistent with the requirement Rutherford, Stanly, Stokes, Surry, Swain, of a major disaster for the State of New that Federal assistance be supplemental, any Transylvania, Union, Vance, Wake, Warren, Federal funds provided under the Stafford York, is hereby amended to designate Watauga, Wilkes, Wilson, Yadkin, and the following areas as those areas Yancey Counties and the Eastern Band of Act for Public Assistance or Hazard determined to have been adversely Cherokee Indians Reservation for Mitigation will be limited to 75 percent of the affected by the catastrophe declared a reimbursement for the costs of equipment, total eligible costs. major disaster by the President in his contracts, and personnel overtime that are declaration of January 12, 1996: required to clear one lane in each direction The time period prescribed for the along snow emergency routes (or select implementation of section 310(a), Albany, Bronx, Columbia, Delaware, primary roads in those communities without Dutchess, Greene, Kings, Nassau, New York, Priority to Certain Applications for such designated roadways), and routes Orange, Putnam, Queens, Rensselaer, Public Facility and Public Housing necessary to allow the passage of emergency Richmond, Rockland, Suffolk, Sullivan, Assistance, 42 U.S.C. 5153, shall be for Ulster, and Westchester Counties, for vehicles to hospitals, nursing homes, and a period not to exceed six months after other critical facilities. reimbursement for the costs of equipment, the date of this declaration. contracts, and personnel overtime that are (Catalog of Federal Domestic Assistance No. required to clear one lane in each direction 83.516, Disaster Assistance.) Notice is hereby given that pursuant along snow emergency routes (or select G. Clay Hollister, to the authority vested in the Director of primary roads in those communities without Deputy Associate Director, Response and the Federal Emergency Management such designated roadways), and routes Recovery Directorate. Agency under Executive Order 12148, I necessary to allow the passage of emergency hereby appoint Phil Zaferopulos of the vehicles to hospitals, nursing homes, and [FR Doc. 96–3135 Filed 2–12–96; 8:45 am] other critical facilities. BILLING CODE 6718±02±P Federal Emergency Management Agency (Catalog of Federal Domestic Assistance No. to act as the Federal Coordinating Officer for this declared disaster. 83.516, Disaster Assistance.) [FEMA±1097±DR] G. Clay Hollister, I do hereby determine the following Deputy Associate Director, Response and Ohio; Major Disaster and Related areas of the State of Ohio to have been Recovery Directorate. Determinations affected adversely by this declared [FR Doc. 96–3144 Filed 2–12–96; 8:45 am] major disaster: AGENCY: Federal Emergency BILLING CODE 6718±02±P Management Agency (FEMA). Belmont, Columbiana, Jefferson, Meigs, ACTION: Notice. Monroe, and Washington Counties for [FEMA±1087±DR] Individual Assistance and Hazard Mitigation. SUMMARY: This is a notice of the (Catalog of Federal Domestic Assistance No. North Carolina; Amendment to Notice Presidential declaration of a major 83.516, Disaster Assistance.) of a Major Disaster Declaration disaster for the State of Ohio (FEMA– James L. Witt, 1097–DR), dated January 27, 1996, and AGENCY: Federal Emergency related determinations. Director. Management Agency (FEMA). [FR Doc. 96–3140 Filed 2–12–96; 8:45 am] EFFECTIVE DATE: January 27, 1996. ACTION: Notice. FOR FURTHER INFORMATION CONTACT: BILLING CODE 6718±02±P SUMMARY: This notice amends the notice Pauline C. Campbell, Response and of a major disaster for the State of North Recovery Directorate, Federal Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5559

[FEMA±1093±DR] (Catalog of Federal Domestic Assistance No. [FEMA±1096±DR] 83.516, Disaster Assistance.) Commonwealth of Pennsylvania; Dennis H. Kwiatkowski, West Virginia; Amendment to Notice of Amendment to Notice of a Major Deputy Associate Director, Response and a Major Disaster Declaration Disaster Declaration Recovery Directorate. AGENCY: Federal Emergency AGENCY: Federal Emergency [FR Doc. 96–3142 Filed 2–12–96; 8:45 am] Management Agency (FEMA). Management Agency (FEMA). BILLING CODE 6718±02±P ACTION: Notice. ACTION: Notice. SUMMARY: This notice amends the notice SUMMARY: This notice amends the notice [FEMA±1085±DR] of a major disaster for the State of West of a major disaster for the Virginia (FEMA–1096–DR), dated Commonwealth of Pennsylvania Pennsylvania; Amendment to Notice of January 25, 1996, and related (FEMA–1093–DR), dated January 21, a Major Disaster Declaration determinations. 1996, and related determinations. EFFECTIVE DATE: February 2, 1996. AGENCY: Federal Emergency EFFECTIVE DATE: February 2, 1996 . FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Management Agency (FEMA). Pauline C. Campbell, Response and Pauline C. Campbell, Response and ACTION: Notice. Recovery Directorate, Federal Recovery Directorate, Federal Emergency Management Agency, Emergency Management Agency, SUMMARY: This notice amends the notice Washington, DC 20472, (202) 646–3606. Washington, DC 20472, (202) 646–3606. of a major disaster for the SUPPLEMENTARY INFORMATION: Notice is SUPPLEMENTARY INFORMATION: Notice is Commonwealth of Pennsylvania, hereby given that the incident period for hereby given that the incident period for (FEMA–1085–DR), dated January 13, this disaster is closed effective February this disaster is closed effective February 1996, and related determinations. 2, 1996. 1, 1996. EFFECTIVE DATE: February 2, 1996. (Catalog of Federal Domestic Assistance No. (Catalog of Federal Domestic Assistance No. 83.516, Disaster Assistance.) 83.516, Disaster Assistance.) FOR FURTHER INFORMATION CONTACT: G. Clay Hollister, Dennis H. Kwiatkowski, Pauline C. Campbell, Response and Deputy Associate Director, Response and Deputy Associate Director, Response and Recovery Directorate, Federal Recovery Directorate. Recovery Directorate. Emergency Management Agency, [FR Doc. 96–3139 Filed 2–12–96; 8:45 am] Washington, DC 20472, (202) 646–3606. [FR Doc. 96–3137 Filed 2–12–96; 8:45 am] BILLING CODE 6718±02±P BILLING CODE 6718±02±P SUPPLEMENTARY INFORMATION: The notice of a major disaster for the [FEMA±1093±DR] Commonwealth of Pennsylvania, is FEDERAL MARITIME COMMISSION hereby amended to designate the Pennsylvania; Amendment to Notice of following areas as those areas [Docket No. 96±03] determined to have been adversely a Major Disaster Declaration F&D Loadline Corporation Possible affected by the catastrophe declared a Violations of Section 10(b)(1) of the AGENCY: Federal Emergency major disaster by the President in his Shipping Act of 1984; Order of Management Agency (FEMA). declaration of January 13, 1996: ACTION: Notice. Investigation Adams, Allegheny, Armstrong, Bedford, F&D Loadline Corp. (‘‘F&D’’), a non- SUMMARY: This notice amends the notice Berks, Blair, Bradford, Bucks, Cambria, Carbon, Centre, Chester, Clearfield, Clinton, vessel-operating common carrier of a major disaster for the 1 Commonwealth of Pennsylvania, Columbia, Cumberland, Dauphin, Delaware, (‘‘NVOCC’’), has a tariff on file at the Fayette, Franklin, Fulton, Greene, Federal Maritime Commission (FEMA–1093–DR), dated January 21, Huntingdon, Indiana, Juniata, Lackawanna, 1996, and related determinations. (‘‘Commission’’) which provides for Lancaster, Lebanon, Lehigh, Luzerne, ocean transportation services between EFFECTIVE DATE: February 2, 1996. Lycoming, Mifflin, Monroe, Montgomery, the United States, including the U.S. FOR FURTHER INFORMATION CONTACT: Montour, Northampton, Northumberland, Virgin Islands and Puerto Rico, and Pauline C. Campbell, Response and Perry, Philadelphia, Pike, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Union, Asia, including Bangladesh, China, Recovery Directorate, Federal Hong Kong, Indonesia, Japan, Korea, Emergency Management Agency, Washington, Wayne, Westmoreland, Wyoming, and York Counties for Malaysia, Philippines, Singapore, Washington, DC 20472, (202) 646–3606. reimbursement for the costs of equipment, Taiwan, and Thailand. F&D’s principal SUPPLEMENTARY INFORMATION: The notice contracts, and personnel overtime that are place of business is located at 2f, 145, of a major disaster for the required to clear one lane in each direction Fu Sheng N. Road, Taipei, Taiwan. Its Commonwealth of Pennsylvania, is along snow emergency routes (or select resident agent in the United States is hereby amended to include the primary roads in those communities without Washington International Insurance following areas among those areas such designated roadways), and routes Company (‘‘Washington Insurance’’), determined to have been adversely necessary to allow the passage of emergency located at 1930 Thoreau Drive, Suite affected by the catastrophe declared a vehicles to hospitals, nursing homes, and other critical facilities. 1101, Schaumberg, IL 60173. major disaster by the President in his Washington Insurance also issued to declaration of January 21, 1996: (Catalog of Federal Domestic Assistance No. 83.516, Disaster Assistance.) 1 On January 18, 1996, the Commission’s Bureau The counties of Armstrong, Centre, G. Clay Hollister, Cumberland, Elk, Indiana, Juniata, McKean, of Tariffs, Certification and Licensing received Deputy Associate Director, Response and notice that F&D’s NVOCC bond will be canceled, Mifflin, Monroe, Schuylkill, Snyder and Recovery Directorate. effective March 17, 1996. In accordance with Somerset for Public Assistance and Hazard section 583.6(a) of the Commission’s rules and Mitigation (already designated for Individual [FR Doc. 96–3143 Filed 2–12–96; 8:45 am] regulations, 46 C.F.R. 583.6(a), F&D’s tariff also will Assistance). BILLING CODE 6718±02±P be canceled, effective March 17, 1996. 5560 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

F&D a $50,000 NVOCC surety bond, No. resolution, and upon proper showing 225.41 of the Board’s Regulation Y (12 8941199, effective June 12, 1994. that there are genuine issues of material CFR 225.41) to acquire a bank or bank According to information developed fact that cannot be resolved on the basis holding company. The factors that are by the Commission’s Bureau of of sworn statements, affidavits, considered in acting on the notices are Enforcement, F&D appears to have depositions, or other documents or that set forth in paragraph 7 of the Act (12 transported at least 32 shipments from the nature of the matter in issue is such U.S.C. 1817(j)(7)). Taiwan to the United States between that an oral hearing and cross- The notices are available for June 30, 1994 and March 1, 1995 at rates examination are necessary for the immediate inspection at the Federal other than those set forth in its tariff on development of an adequate record. Reserve Bank indicated. Once the file with the Commission. It is further ordered, That F&D notices have been accepted for The Shipping Act of 1984 (‘‘1984 Loadline Corporation is named processing, they will also be available Act’’), provides that pursuant to section Respondent in this proceeding; for inspection at the offices of the Board 10(b)(1), 46 U.S.C. app. 1709(b)(1), a It is further ordered, That the of Governors. Interested persons may common carrier is prohibited from Commission’s Bureau of Enforcement is express their views in writing to the charging, demanding, collecting, or designated a party to this proceeding; Reserve Bank indicated for that notice receiving greater, less, or different It is further ordered, That notice of or to the offices of the Board of compensation for transportation of this Order be published in the Federal Governors. Comments must be received property than the rates shown in its Register, and a copy be served on not later than February 27, 1996. tariffs or service contracts. Section 11 of parties of record; A. Federal Reserve Bank of Atlanta the 1984 Act, 46 U.S.C. app. 1710, sets It is further ordered, That other (Zane R. Kelley, Vice President) 104 forth the Commission’s authority to persons having an interest in Marietta Street, N.W., Atlanta, Georgia investigate violations of the 1984 Act. In participating in this proceeding may file 30303: the event violations are found, section petitions for leave to intervene in 1. Jerome Dansker, New York, New 13 of the 1984 Act, 46 U.S.C. app. 1712, accordance with Rule 72 of the York; to acquire an additional 24.06 provides that the Commission may Commission’s Rules of Practice and percent, for a total of 26.23 percent, of assess civil penalties and suspend tariffs Procedure, 46 C.F.R. 502.72; the voting shares of Intervest Bancshares as remedies for violations of section It is further ordered, That all further Corporation, New York, New York, and 10(b)(1). Section 14(a) of the 1984 Act, notices, orders, and/or decisions issued thereby indirectly acquire Intervest 46 U.S.C. app. 1713(a), empowers the by or on behalf of the Commission in Bank, Clearwater, Florida. B. Federal Reserve Bank of St. Louis Commission to issue orders relating to this proceeding, including notice of the (Randall C. Sumner, Vice President) 411 violations of the 1984 Act. time and place of hearing or prehearing Locust Street, St. Louis, Missouri 63166: Now therefore it is ordered, That conference, shall be served on parties of 1. Planters Bank & Trust Company pursuant to sections 10(b)(1), 11, 13 and record; Employee Stock Ownership Plan & 14(a), of the 1984 Act, an investigation It is further ordered, That all Trust, Indianola, Mississippi; to acquire is hereby instituted to determine: documents submitted by any party of 1. Whether F&D violated section an additional 12.71 percent, for a total record in this proceeding shall be 10(b)(1) of the 1984 Act by transporting of 24.99 percent, of the voting shares of directed to the Secretary, Federal shipments at rates lower than those filed Planters Holding Company, Indianola, Maritime Commission, Washington, DC. in its tariff; Mississippi, and thereby indirectly 20573, and comply with Subpart H of 2. Whether, in the event F&D is found acquire Planters Bank & Trust Company, the Commission’s Rules of Practice and to have violated section 10(b)(1) of the Indianola, Mississippi. 1984 Act, civil penalties should be Procedure, 46 C.F.R. 502.111–119, and shall be served on parties of record; and Board of Governors of the Federal Reserve assessed against F&D and, if so, the System, February 7, 1996. amount of such penalties; It is further ordered, That in accordance with Rule 61 of the Barbara R. Lowrey, 3. Whether, in the event F&D is found Associate Secretary of the Board. to have violated section 10(b)(1) of the Commission’s Rules of Practice and [FR Doc. 96–3108 Filed 2–12–96; 8:45 am] 1984 Act, a cease and desist order Procedure, 46 C.F.R. 502.61, the initial should be issued; and decision of the Administrative Law BILLING CODE 6210±01±F 4. Whether, in the event F&D is found Judge shall be issued by February 7, 1997, and the final decision of the to have violated section 10(b)(1) of the Fort Wayne National Corporation, et 1984 Act, its tariff should be suspended Commission shall be issued by June 9, 1997. al.; Formations of; Acquisitions by; pursuant to section 13 of the 1984 Act. and Mergers of Bank Holding It is further ordered, That a public By the Commission. Companies hearing be held in this proceeding and Joseph C. Polking, that this matter be assigned for hearing Secretary. The companies listed in this notice before an Administrative Law Judge of [FR Doc. 96–3075 Filed 2–12–96; 8:45 am] have applied for the Board’s approval the Commission’s Office of under section 3 of the Bank Holding BILLING CODE 6730±01±M Administrative Law Judges at a date and Company Act (12 U.S.C. 1842) and § place to be hereafter determined by the 225.14 of the Board’s Regulation Y (12 Administrative Law Judge in CFR 225.14) to become a bank holding FEDERAL RESERVE SYSTEM compliance with Rule 61 of the company or to acquire a bank or bank Commission’s Rules of Practice and Jerome Dansker, et al.; Change in holding company. The factors that are Procedure, 46 C.F.R. 502.61. The Bank Control Notices; Acquisitions of considered in acting on the applications hearing shall include oral testimony and Shares of Banks or Bank Holding are set forth in section 3(c) of the Act cross-examination at the discretion of Companies (12 U.S.C. 1842(c)). the Presiding Officer only after Each application is available for consideration has been given by the The notificants listed below have immediate inspection at the Federal parties and the Predsiding Officer to the applied under the Change in Bank Reserve Bank indicated. Once the use of alternative forms of dispute Control Act (12 U.S.C. 1817(j)) and § application has been accepted for Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5561 processing, it will also be available for Date and Time: February 14–15, 1996, 8:00 Anyone wishing to obtain a roster of inspection at the offices of the Board of a.m. members, minutes of the meeting, or Governors. Interested persons may Place: Embassy Suites Hotel, 4300 Military other relevant information should express their views in writing to the Road NW., Tenleytown II, Washington, DC contact J. Terrell Hoffeld, D.D.S., Ph.D., Reserve Bank or to the offices of the 20015. Scientific Review Administrator, Office Open February 14, 8:00 a.m. to 8:30 a.m. Board of Governors. Any comment on Closed for remainder of meeting. of Scientific Affairs, Agency for Health an application that requests a hearing Purpose: The Subcommittee is charged Care Policy and Research, Suite 400, must include a statement of why a with the initial review of grant applications Executive Office Center, 2101 East written presentation would not suffice proposing analytical and theoretical research Jefferson Street, Rockville, Maryland in lieu of a hearing, identifying on costs, quality, access, and efficiency of the 20852, Telephone (301) 594–1449. specifically any questions of fact that delivery of health services for the research Agenda items for all meetings are are in dispute and summarizing the grant program administered by the Agency subject to change as priorities dictate. for Health Care Policy and Research evidence that would be presented at a Dated: February 7, 1996. (AHCPR). hearing. Clifton R. Gaus, Unless otherwise noted, comments Agenda: The open session of the meeting on February 14, from 8:00 a.m. to 8:30 a.m. Administrator, regarding each of these applications will be devoted to a business meeting must be received not later than March [FR Doc. 96–3076 Filed 2–12–96; 8:45 am] covering administrative matters and reports. BILLING CODE 4160±90±M 8, 1996. During the closed session, the Subcommittee A. Federal Reserve Bank of Chicago will be reviewing and discussing grant (James A. Bluemle, Vice President) 230 applications dealing with health services Administration on Aging South LaSalle Street, Chicago, Illinois research issues. In accordance with the 60690: Federal Advisory Committee Act, section Public Information Collection 10(d) of 5 U.S.C., Appendix 2 and 5 U.S.C., 1. Fort Wayne National Corporation, Requirement Submitted to the Office of 552b(c)(6), it has been determined that this Fort Wayne, Indiana; to merge with Management and Budget (OMB) for Valley Financial Services, Inc., latter session will be closed because the discussions are likely to reveal personal Clearance Mishawaka, Indiana, and thereby information concerning individuals indirectly acquire Valley American AGENCY: Administration on Aging. associated with the applications. This The Administration on Aging (AoA), Bank and Trust Company, South Bend, information is exempt from mandatory Indiana. disclosure. Department of Health and Human B. Federal Reserve Bank of Dallas Anyone wishing to obtain a roster of Services, has submitted to the Office of (Genie D. Short, Vice President) 2200 members, minutes of the meeting, or other Management and Budget (OMB) the North Pearl Street, Dallas, Texas 75201- relevant information should contact Patricia following proposal for the collection of 2272: G. Thompson, Ph.D., Scientific Review information in compliance with the 1. JWL-GSW, Ltd., Houston, Texas; to Administrator, Office of Scientific Affairs, Paperwork Reduction Act (Pub. L. 96– become a bank holding company by Agency for Health Care Policy and Research, 511): Suite 400, Executive Office Center, 2101 East Title of Information Collection: State acquiring 20.1 percent of the voting Jefferson Street, Rockville, Maryland 20852, shares of Gulf Southwest Bancorp, Inc., Performance Report: Reporting Telephone (301) 594–1451. Requirements for Titles III and VII of the Houston, Texas, and thereby indirectly Name: HEALTH SERVICES acquire Gulf Southwest Nevada Older Americans Act; DEVELOPMENT GRANTS REVIEW Type of Request: Extension and Bancorp, Inc., Reno, Nevada, and SUBCOMMITTEE Merchants Bank, Houston, Texas. Date and Time: March 25–26, 1996, 8:00 Revision; a.m. Use: To revise an existing information Board of Governors of the Federal Reserve Place: The Hyatt Regency Bethesda, One collection form to conform to System, February 7, 1996. Bethesda Metro Center, Conference Room amendments to the Older Americans Barbara R. Lowrey, TBA, Bethesda, Maryland 20814. Act which directed the Administration Associate Secretary of the Board. Open March 25, 8:00 a.m. to 8:30 a.m. on Aging to improve State reporting [FR Doc. 96–3109 Filed 2–12–96; 8:45 am] Closed for remainder of meeting. requirements; BILLING CODE 6210±01±F Purpose: The Subcommittee is charged Frequency: Annually; with the initial review of grant applications Respondents: State Agencies on proposing experimental, analytical and Aging; theoretical research on costs, quality, access, DEPARTMENT OF HEALTH AND Estimated Number of Responses: 57; effectiveness, and efficiency of the delivery Total Estimated Burden Hours: HUMAN SERVICES of health services for the research grant 294,000. program administered by the Agency for Additional Information or Comments: Agency for Health Care Policy and Health Care Policy and Research (AHCPR). Research Agenda: The open session of the meeting The Administration on Aging intends to on March 25 from 8:00 a.m. to 8:30 a.m. will submit to the Office of Management and Notice of Meetings be devoted to a business meeting covering Budget for approval a new reporting administrative matters and reports. During system for the State programs under the In accordance with section 10(a) of the closed session, the Subcommittee will be Older Americans Act. AoA printed a the Federal Advisory Committee Act (5 reviewing and discussing grant applications similar set of reporting specifications in U.S.C., Appendix 2) announcement is dealing with health services research issues. the Federal Register on September 29, made of the following Subcommittees of In accordance with the Federal Advisory 1994 requesting a three-year phase-in of the Health Services Research and Committee Act, section 10(d) of 5 U.S.C., the reporting requirements starting in Developmental Grants Review Appendix 2 and 5 U.S.C., 552b(c)(6), it has FY 1995. OMB permitted the been determined that this latter session will Committee scheduled to meet during implementation of the FY 1995 the months of February and March be closed because the discussions are likely to reveal personal information concerning reporting requirements, but withheld 1996: individuals associated with the applications. approval of the FY 1996 and FY 1997 Name: HEALTH SERVICES RESEARCH This information is exempt from mandatory components of the reporting REVIEW SUBCOMMITTEE disclosure. specifications, pending a field test of 5562 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices some of the proposed information Deputy Director, NIOSH, CDC, 1600 Centers for Disease Control and collection requirements. The field test Clifton Road, NE, Mailstop D–35, Prevention has been completed with favorable Atlanta, Georgia 30333, telephone 404/ results and a report on the field test will 639–3773. National Committee on Vital and Health be provided with the proposed reporting Statistics (NCVHS) Subcommittee on Dated: February 6, 1996. specifications upon request. Mental Health Statistics: Meeting Call the Administration on Aging, Carolyn J. Russell, Pursuant to Pub. L. 92–463, the Office of State and Community Director, Management Analysis and Services National Center for Health Statistics Programs at (202) 619–0011 for copies of Office, Centers for Disease Control and (NCHS), Centers for Disease Control and the proposed reporting requirements Prevention (CDC). Prevention (CDC), announces the and a report on the field test. Written [FR Doc. 96–3120 Filed 2–12–96; 8:45 am] following subcommittee meeting. comments and recommendations for the BILLING CODE 4163±19±M proposed information collection Name: NCVHS Subcommittee on Mental requirements should be sent within 60 Health Statistics. days of the publication of this notice Centers for Disease Control and Time and Date: 9 a.m.–5 p.m., February 28, directly to the following address: Edwin 1996. Prevention Place: Room 503A–529A, Hubert H. L. Walker, Director, Office of Program Humphrey Building, 200 Independence Operations and Development, National Committee on Vital and Health Avenue, SW, Washington, DC 20201. Administration on Aging, 330 Statistics (NCVHS) Subcommittee on Status: Open. Independence Avenue SW., State and Community Health Statistics: Purpose: The Subcommittee will continue Washington, DC 20201. Meeting deliberations with respect to enrollment and encounter data, consider new Dated: February 7, 1996. epidemiological findings regarding alcohol William F. Benson, Pursuant to Public Law 92–463, the National Center for Health Statistics abuse, and review new developments in Deputy Assistant Secretary for Governmental managed care. Affairs and Elder Rights. (NCHS), Centers for Disease Control and Notice: In the interest of security, the [FR Doc. 96–3152 Filed 2–12–96; 8:45 am] Prevention (CDC), announces the Department has instituted stringent following subcommittee meeting. BILLING CODE 4150±04±M procedures for entrance to the Hubert H. Name: NCVHS Subcommittee on State and Humphrey Building by non-government employees. Thus, persons without a Community Health Statistics. Centers for Disease Control and government identification card should plan Time and Date: 9 a.m.–5 p.m., March 14, to arrive at the building each day either Prevention 1996. between 8:30 and 9 a.m. or 12:30 and 1 p.m. Place: Room 503A–529A, Hubert H. so they can be escorted to the meeting. Board of Scientific Counselors, Humphrey Building, 200 Independence Entrance to the meeting at other times during National Institute for Occupational Avenue SW., Washington, DC 20201. the day cannot be assured. Safety and Health: Meeting Status: Open. Contact Person for More Information: Substantive program information as well as In accordance with section 10(a)(2) of Purpose: The Subcommittee will receive testimony from public and private agencies summaries of the meeting and a roster of the Federal Advisory Committee Act committee members may be obtained from (Pub. L. 92–463), the Centers for Disease and/or individuals concerning the methods and materials for community health Gail F. Fisher, Ph.D., Executive Secretary, Control and Prevention (CDC) NCVHS, NCHS, CDC, Room 1100, assessment. announces the following committee Presidential Building, 6525 Belcrest Road, Notice: In the interest of security, the meeting. Hyattsville, Maryland 20782, telephone Department has instituted stringent number 301/436–7050. Name: Board of Scientific Counselors, procedures for entrance to the Hubert H. Dated: February 8, 1996. National Institute for Occupational Safety Humphrey Building by non-government Carolyn J. Russell, and Health (BSC, NIOSH). employees. Thus, persons without a Time and Date: 9 a.m.–5:30 p.m., March government identification card should plan Director, Management Analysis and Services 11, 1996. to arrive at the building each day either Office, Centers for Disease Control and Place: The Washington Court Hotel, Prevention (CDC). between 8:30 and 9 a.m. or 12:30 and 1 p.m. Ballroom East, 525 New Jersey Avenue NW., [FR Doc. 96–3287 Filed 2–12–96; 8:45 am] Washington, DC 20001. so they can be escorted to the meeting. Status: Open to the public, limited only by Entrance to the meeting at other times during BILLING CODE 4163±18±M the space available. the day cannot be assured. Purpose: The Board reviews research Contact Person for More Information: Food and Drug Administration activities to provide guidance on the quality, Substantive program information as well as timeliness, and efficacy of the Institute’s summaries of the meeting and a roster of [Docket No. 96N±0029] programs. committee members may be obtained from Matters To Be Discussed: Agenda items Reed & Carnrick Pharmaceuticals, et include a report from the Director of NIOSH, Gail F. Fisher, Ph.D., Executive Secretary, NCVHS, NCHS, CDC, Room 1100, al.; Withdrawal of Approval of 2 New an update on the National Occupational Drug Applications and 67 Abbreviated Research Agenda, NIOSH Agriculture Presidential Building, 6525 Belcrest Road, Program, a report on workplace violence, a Hyattsville, Maryland 20782, telephone New Drug Applications report from the National Foundation for the number 301/436–7050. AGENCY: Food and Drug Administration, Centers for Disease Control and Prevention, Dated: February 6, 1996. HHS. Inc., an evaluation of the construction program, and future activities of the Board. Carolyn J. Russell, ACTION: Notice. Director, Management Analysis and Services Agenda items are subject to change as SUMMARY: The Food and Drug priorities dictate. Office, Centers for Disease Control and Prevention (CDC). Administration (FDA) is withdrawing CONTACT PERSON FOR MORE INFORMATION: approval of 2 new drug applications [FR Doc. 96–3119 Filed 2–12–96; 8:45 am] Bryan Hardin, Ph.D., Acting Executive (NDA’s) and 67 abbreviated new drug Secretary, BSC, NIOSH, and Acting BILLING CODE 4163±18±M applications (ANDA’s). The holders of Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5563 the applications notified the agency in FOR FURTHER INFORMATION CONTACT: Lola in the table in this document have writing that the drug products were no Batson, Center for Drug Evaluation and informed FDA that these drug products longer marketed and requested that the Research (HFD–7), Food and Drug are no longer marketed and have approval of the applications be Administration, 7500 Standish Pl., requested that FDA withdraw approval withdrawn. Rockville, MD 20855, 301–594–1038. of the applications. The applicants have SUPPLEMENTARY INFORMATION: The also, by their request, waived their EFFECTIVE DATE: March 14, 1996. holders of the NDA’s and ANDA’s listed opportunity for a hearing.

Application no. Drug Applicant

6±309 ...... Kwell Lotion/Kwell Cream ...... Reed & Carnrick Pharmaceuticals, 257 Cornelison Ave., Jersey City, NJ 07302±3198. 10±718 ...... Kwell Shampoo ...... Do. 70±021 ...... Metronidazole Tablets, USP, 250 milligrams (mg) ...... Halsey Drug Co., Inc., 1827 Pacific St., Brooklyn, NY 11233. 70±205 ...... Diphenhydramine Hydrochloride Cough Syrup, 12.5 mg/5 Barre-National, Inc., Johns Hopkins Bayview Research milliliters (mL). Campus, 333 Cassell Dr., suite 3500, Baltimore, MD 21224. 70±593 ...... Metronidazole Tablets, USP, 500 mg ...... Halsey Drug Co., Inc. 70±635 ...... Indomethacin Capsules, USP, 50 mg ...... Do. 70±782 ...... Indomethacin Capsules, USP, 25 mg ...... Do. 70±906 ...... Metoclopramide Tablets, USP, 10 mg ...... Do. 71±027 ...... Ibuprofen Tablets, USP, 200 mg ...... Do. 71±028 ...... Ibuprofen Tablets, USP, 300 mg ...... Do. 71±029 ...... Ibuprofen Tablets, USP, 400 mg ...... Do. 71±030 ...... Ibuprofen Tablets, USP, 600 mg ...... Do. 71±292 ...... Diphenhydramine Hydrochloride Syrup, 12.5 mg/5 mL ...... L. Perrigo Co.,117 Water St., Allegan, MI 49010. 71±434 ...... Lorazepam Tablets, USP, 0.5 mg ...... Halsey Drug Co., Inc. 71±435 ...... Lorazepam Tablets, USP, 1 mg ...... Do. 71±436 ...... Lorazepam Tablets, USP, 2 mg ...... Do. 71±753 ...... Methyldopa Tablets, USP, 500 mg ...... Do. 71±772 ...... Propranolol Hydrochloride and HydrochlorothiazideTablets, Warner Chilcott, 201 Tabor Rd., Morris Plains, NJ 07950. USP, 80 mg/ 25 mg. 72±137 ...... Ibuprofen Tablets, USP, 800 mg ...... Halsey Drug Co., Inc. 72±646 ...... Diphenhydramine Hydrochloride Syrup, 12.5 mg/5 mL ...... Silarx Pharmaceuticals, Inc., 19 West St., P.O. Box 449, Spring Valley, NY 10977. 80±015 ...... Propylthiouracil Tablets, USP, 50 mg ...... Halsey Drug Co., Inc. 80±304 ...... Prednisolone Tablets, USP, 1 mg, 2.5 mg, and 5 mg ...... Do. 80±498 ...... Rauwolfia Serpentina Tablets, USP, 50 mg and 100 mg ... Do. 83±518 ...... Dienestrol Cream, USP, 0.01% ...... Marion Merrill Dow, Inc., P.O. Box 9627, Kansas City, MO 64134±0627. 83±538 ...... Propoxyphene Hydrochloride Capsules, USP, 65 mg ...... Halsey Drug Co., Inc. 83±546 ...... Estradiol Valerate Injection, USP, 10 mg/mL ...... Steris Laboratories, Inc., 620 North 51st Ave., Phoenix, AZ 85043±4705. 83±583 ...... Quinidine Sulfate Tablets, USP, 200 mg ...... Halsey Drug Co., Inc. 83±598 ...... Folic Acid Tablets, USP, 1 mg ...... Do. 83±871 ...... Acetaminophen and Codeine Phosphate Tablets, USP, Do. 300 mg/15 mg. 83±872 ...... Acetaminophen and Codeine Phosphate Tablets, USP, Do. 300 mg/30 mg. 83±891 ...... Hydrochlorothiazide Tablets, USP, 50 mg ...... Do. 84±677 ...... Pentobarbital Sodium Capsules, USP, 100 mg ...... Do. 84±685 ...... Chlordiazepoxide Hydrochloride Capsules, USP, 25 mg .... Do. 84±719 ...... Butabarbital Sodium Tablets, USP, 15 mg and 30 mg ...... Do. 84±723 ...... Butabarbital Sodium Elixir, USP, 30 mg/5 mL ...... Do. 85±067 ...... Hydrochlorothiazide Tablets, USP, 25 mg ...... Inwood Laboratories, Inc., 909 Third Ave., New York, NY 10022±4731. 85±148 ...... Theophylline Sodium Glycinate Tablets, USP, 150 mg ...... Sandoz Pharmaceuticals Corp., 59 Route 10, East Han- over, NJ 07936±1080. 85±211 ...... Diphenoxylate Hydrochloride and Atropine Sulfate Tablets, Halsey Drug Co., Inc. USP, 2.5 mg/0.025 mg. 85±339 ...... Chlordiazepoxide Hydrochloride Capsules, USP, 10 mg .... Do. 85±340 ...... Chlordiazepoxide Hydrochloride Capsules, USP, 5 mg ...... Do. 85±409 ...... Aminophylline Tablets, USP, 100 mg ...... Vintage Pharmaceuticals, Inc., 3241 Woodpark Blvd., Charlotte, NC 28206. 85±410 ...... Aminophylline Tablets, USP, 200 mg ...... Do. 85±922 ...... Amitriptyline Hydrochloride Tablets, USP, 25 mg ...... Halsey Drug Co., Inc. 86±194 ...... Erythrityl Tetranitrate Tablets (chewable), 10 mg ...... Burroughs Wellcome Co., 3030 Cornwallis Rd., P.O. Box 12700, Research Triangle Park, NC 27709± 2700. 86±504 ...... Hydrochlorothiazide Tablets, USP, 25 mg ...... Halsey Drug Co., Inc. 86±549 ...... Acetaminophen and Codeine Phosphate Tablets, USP, Do. 300 mg/60 mg. 86±588 ...... Phenobarbital with Belladonna Alkaloids Tablets ...... Do. 5564 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Application no. Drug Applicant

86±652 ...... Phenobarbital with Belladonna Alkaloids Elixir ...... Solvay Pharmaceuticals, 901 Sawyer Rd., Marietta, GA 30062. 86±662 ...... Phenobarbital with Belladonna Alkaloids Elixir ...... Pharmaceutical Associates, P.O. Box 128, Conestee, SC 29636. 87±136 ...... Hydrocortisone Cream, USP, 0.5%, 1%, and 2.5% ...... Westwood-Squibb Pharmaceuticals, 100 Forest Ave., Buf- falo, NY 14213± 1091. 87±200 ...... Aminophylline Injection USP, 25 mg/mL ...... Fujisawa USA, Inc., 3 Parkway North, 3d Floor, Deerfield, IL 60015±2548. 87±480 ...... Prednisone Tablets, USP, 20 mg ...... Halsey Drug Co., Inc. 87±802 ...... Dipyridamole Tablets, USP, 25 mg ...... Do. 87±803 ...... Dipyridamole Tablets, USP, 75 mg ...... Do. 87±914 ...... Diphenhydramine Hydrochloride Capsules, USP, 50 mg ... Do. 88±048 ...... Fluocinolone Acetonide Topical Solution, USP, 0.01% ...... Pharmaderm, Division of Altana, Inc., 60 Baylis Rd., Mel- ville, NY 11747. 88±192 ...... Triprolidine and Pseudoephedrine Hydrochloride Tablets, Halsey Drug Co., Inc. USP, 2.5 mg/60 mg. 88±466 ...... Dipyridamole Tablets, USP, 50 mg ...... Do. 88±662 ...... Chlorpropamide Tablets, USP, 250 mg ...... Do. 89±218 ...... Hydralazine Hydrochloride Tablets, USP, 10 mg ...... Do. 89±321 ...... Chlorpropamide Tablets, USP, 100 mg ...... Do. 89±366 ...... Hydroxyzine Hydrochloride Tablets, USP, 10 mg ...... Do. 89±396 ...... Hydroxyzine Hydrochloride Tablets, USP, 50 mg ...... Do. 89±448 ...... Butalbital, Aspirin, and Caffeine Tablets, USP, 50 mg/325 Do. mg/40 mg. 89±465 ...... Leucovorin Calcium for Injection, 50 mg/vial ...... Burroughs Wellcome Co. 89±476 ...... Quinidine Gluconate Extended-Release Tablets, USP, 324 Halsey Drug Co., Inc. mg. 89±738 ...... Chlorthalidone Tablets, USP, 25 mg (Peach) ...... Mutual Pharmaceutical Co., Inc., 1100 Orthodox St., Phila- delphia, PA 19124±3131. 89±739 ...... Chlorthalidone Tablets, USP, 50 mg (Aqua) ...... Do. 89±833 ...... Leucovorin Calcium for Injection, 25 mg/vial ...... Burroughs Wellcome Co.

Therefore, under section 505(e) of the SUMMARY: The National Heart, Lung, and mechanism responsible for toxin action Federal Food, Drug, and Cosmetic Act Blood Institute (NHLBI), of the National and, in large part, the pathogensis of (21 U.S.C. 355(e)) and under authority Institutes of Health is seeking capability disease. Human cells have endogenous delegated to the Director, Center for statements from parties interested in ADP-ribosylation pathways: the Drug Evaluation and Research (21 CFR entering into a Cooperative Research pathways are composed of enzymes that 5.82), approval of the applications listed and Development Agreement (CRADA) place ADP-ribose on proteins, ADP- above, and all amendments and on the further characterization of ribosyltransferases, which catalyze a supplements thereto, is hereby lymphocyte ADP-ribosyltransferase as a reaction similar to the bacterial toxins, withdrawn, effective March 14, 1996. potential target for therapeutic and enzymes that remove ADP-ribose, Dated: January 29, 1996. intervention in diseases of the immune ADP-ribosylarginine hydrolases. Hence, Janet Woodcock, system. This project is with the National ADP-ribosylation may be reversible, Director, Center for Drug Evaluation and Heart, Lung, and Blood Institute, with ADP-ribosyltransferases and ADP- Research. Division of Intramural Research, ribosylarginine hydrolases serving as [FR Doc. 96–3077 Filed 2–12–96; 8:45 am] Pulmonary-Critical Care Medicine components of a regulatory cycle. Branch, located in Bethesda, Maryland. BILLING CODE 4160±01±F The goal is to use the respective ADP-ribosyltransferases have been strength of both partners in (1) found in peripheral blood mononuclear National Institutes of Health identifying molecular targets of ADP- cells and in skeletal and cardiac muscle. riboslylation in lymphocytes and These enzymes have been cloned and National Heart, Lung, and Blood muscle cells, and, (2) evaluating the are identical. The transferases, are Institute; Opportunity for a potential use of this enzyme and its linked to the cell surface through Cooperative Research and various substrates as targets of novel glycosylphosphatidylinositol (GPI)- Development Agreement (CRADA) for treatment modalities in certain diseases anchors. In the muscle, they ADP- the Development of Lymphocyte ADP- of the immune system and in ribosylate the extracellular domain of an Ribosyltransferase and its hematological, pulmonary, and cardiac integrin and hence may participate in Corresponding Hydrolase as a diseases. the regulation of cell-matrix Potential Target for Therapeutic ADP-ribosylation is a post- interactions. Other data suggest that Intervention in Diseases of the Immune translational modification of proteins, in ADP-ribosylation may be involved in System which the ADP-ribose moiety of NAD is the regulation of cytotoxic lymphocyte activity. The cell surface location of the AGENCY: Department of Health and transferred to a protein acceptor. In the Human Services, National Institutes of case of certain bacterial toxins (e.g. transferases may facilitate their specific Health. pertussis toxin, cholera toxin), ADP- targeting by chemotherapeutic agents. In ribosylation modifies hormone action particular, they may be targeted in ACTION: Notice. on their human target cells and is the diseases where lymphocytes are readily Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5565 accessible (e.g., lymphocytic alveolitis commercialization of results of (telephone 301/496–7057; fax 301/402– amenable to inhalation therapy). federally-funded research and 0220). A signed Confidential Disclosure It is anticipated that the commercial development. Agreement will be required to receive collaborator will participate in ongoing U.S. Patent 4,405,712, issued on copies of the patent applications. studies to determine whether modifying September 20, 1983 and entitled ‘‘LTR Antipsychotic Composition and Method ADP-ribosyltransferase activity and cell Vectors’’—This patent broadly claims for Treatment surface ADP-ribosylation can affect the processes of obtaining the expression of immune system (e.g., mononuclear cell any gene via the use of retroviral Pickar, D., Litman, R.E., Potter, W.Z. function) and cardiac skeletal and expression vectors containing long (NIMH) muscle function, and hence the terminal repeat (LTR) sequences. The Filed 7 Jun 95 progression of some hematological, processes claimed in this patent are of Serial No. 08/479,039 (CIP of 07/ pulmonary, cardiac, and fundamental significance for the 987,728) musculoskeletal diseases. It is expected retroviral mediated expression of genes Licensing Contact: Stephen Finley, 301/ that the collaborator will assist in the in vitro for research and 496–7735 ext 215 development of specific inhibitors. biopharmaceutical production and in This invention comprises a novel These would be focussed on the vivo for research, biopharmaceutical treatment method for patients suffering structure of known NAD-binding sites production, and therapeutic from serious psychotic mental illness that participate in ADP-ribosylation applications such as somatic cell gene that offers to significantly improve the reactions, taking into account the facts therapy. The invention claimed in this treatment of such illnesses. that a cell surface enzyme is being patent is available for licensing on a Conventional antipsychotic drugs are targeted and the enzyme is nonexclusive basis. effective in improving symptoms of preferentially located on lymphocytes, Favorable licensing terms will be schizophrenia, but a significant number and cardiac and skeletal muscle. In offered to companies filing a license of patients have proven resistant to such diseases of the pulmonary system application within three months of the treatments. Recently, the drug clozapine characterized by lymphocytic publication of this notice. After that has been found effective in treating such infiltration, one route for selective deadline May 13, 1996, licensing fees drug-resistant patients; however, targeting of the transferase may involve will be increased. clozapine has severe toxic side effects. the use of inhalation therapies that ADDRESSES: Licensing information may This newly developed treatment minimize systemic toxicity. Collaborator be obtained by writing to: George H. method, which combines the use of an may also be expected to contribute Keller, Ph.D., Office of Technology α2-adrenergic receptor antagonist with a funding for supplies and personnel to Transfer, National Institutes of Health, standard antipsychotic drug, is effective support this project. The NHLBI has 6011 Executive Boulevard, Suite 325, in treating psychosis without serious applied for patents, both domestic and Rockville, MD 20852–3804 (telephone side effects. It is especially effective in foreign, claiming this core technology. 301/496–7057; fax: 301/402–0220). patients who previously had been Non-exclusive and/or exclusive licenses resistant to treatment with standard for these patents covering core aspects Dated: February 5, 1996. antipsychotic drugs alone. (portfolio: of this project are available to interested Barbara M. McGarey, Central Nervous System—Therapeutics, parties. Deputy Director, Office of Technology Capability statements should be Transfer. psychotherapeutics, antipsychotics) submitted to: Ms. Lili M. Portilla, [FR Doc. 96–3182 Filed 2–12–96; 8:45 am] Amino Acid Sequencing Peptides and Technology Transfer Specialist, BILLING CODE 4140±01±M Methods for Their Use National Institutes of Health, National Parmelee, D.C., Sechi, S. (NCI) Heart, Lung, and Blood Institute, Filed 6 Feb 95 Technology Transfer and Government-Owned Inventions; Serial No. 08/384,212 (DIV of 07/ Commercialization Team, 31 Center Availability for Licensing 920,130) Drive MSC 2490, Room 31/5A48 Licensing Contact: J. Peter Kim, 301/ Bethesda, MD 20892–2490. Capability AGENCY: National Institutes of Health, 496–7056 ext 264 statements must be received by NHLBI HHS. 30 days after date of publication in the ACTION: Notice. The present invention provides a Federal Register. novel internal standard for amino acid The inventions listed below are sequencing which consist of a peptide Dated: February 1, 1996 owned by agencies of the U.S. containing at least two different Claude Lenfant, Government and are available for unnatural amino acid residues, such as Director, NHLBI. licensing in the U.S. in accordance with ornithine, norvaline, norleucine and α- [FR Doc. 96–3179 Filed 2–12–96; 8:45 am] 35 U.S.C. 207 to achieve expeditious aminobutyric acid. The PTH-derivatives BILLING CODE 4140±01±M commercialization of results of federally of these have retention times distinct funded research and development. from those of natural amino acids. This Foreign patent applications are filed on peptide can be sequenced Government-Owned Inventions; Notice selected inventions to extend market simultaneously with an unknown of Availability for Licensing coverage for U.S. companies and may peptide or protein without interfering also be available for licensing. AGENCY: National Institutes of Health, with the analysis. Simultaneous Public Health Service, DHHS. ADDRESSES: Licensing information and sequencing of this standard provides ACTION: Notice. copies of the U.S. patent applications information which allows for the listed below may be obtained by writing determination of repetitive yields, lags, SUMMARY: The invention listed below is to the indicated licensing specialist at N-terminal blockage and discrimination owned by the Department of Health and the Office of Technology Transfer, between blank cycles caused by missed Human Services and is available for National Institutes of Health, 6011 injection and blank cycles caused by licensing in the U.S. in accordance with Executive Boulevard, Suite 325, faulty delivery of chemicals during the 35 U.S.C. 207 to achieve expeditious Rockville, Maryland 20852–3804 sequencing reactions. (portfolio: Gene- 5566 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Based Therapies—Research Tools and potassium channel, measuring the effect Formal written statements (five copies) Reagents) of potassium channel blockers specific may be presented to the Chair on the for the 113 pS potassium channel on day of the meeting for inclusion in the 4′ -and 4′,4′′-Substituted- intracellular calcium levels, measuring minutes. 3α(Diphenylmethoxy)Tropane Analogs the increase of intracellular calcium in Dated: January 22, 1996. as Cocaine Therapeutics response to an activator of intracellular Anthony S. Fauci, Newman, A.H., Allen, A.C., Kline, R.H., calcium release in the cells of a patient, Izenwasser, S., Katz, J.L. (NIDA) and measuring the amount of the G- Director, NIAID, NIH. Filed 21 Jun 95 protein, cp20. An index calculated on [FR Doc. 96–3206 Filed 2–12–96; 8:45 am] Serial No. 60/000,378 the basis of any two of these four tests BILLING CODE 4140±01±M Licensing Contact: Leopold J. Luberecki, identifies Alzheimer’s disease with very Jr., 301/496–7735 ext 223 high sensitivity and specificity (n=100, National Institute of Allergy and The invention provides a series of 4′- initial sample) in comparisons between ′ ′′ Alzheimer’s disease patients and other Infectious Diseases; Notice of Closed and 4 ,4 -substituted benztropine Meeting analogs that demonstrate high affinity non-Alzheimer’s dementias as well as age-matched controls. (portfolio: Central binding (K1<30nM) to the dopamine Pursuant to Section 10(d) of the transporter and bind selectively (>100- Nervous System—Diagnostics, in vitro, other). Federal Advisory Committee Act, as fold) over the other monoamine amended (5 U.S.C. Appendix 2), notice transporters. These compounds block Dated: February 6, 1996. is hereby given of the following dopamine reuptake in vitro and yet do Barbara M. McGarey, National Institute of Allergy and not demonstrate a cocaine-like Deputy Director, Office of Technology Infectious Diseases Special Emphasis behavioral profile in animal models of Transfer. Panel (SEP) meeting: psychomotor stimulant abuse. [FR Doc. 96–3184 Filed 2–12–96; 8:45 am] Structure-Activity Relationships suggest Name of SEP: National Cooperative Drug BILLING CODE 4140±01±M Discovery Groups for the Treatment of that these compounds interact at a Opportunistic Infection in AIDS. binding domain that differs from that of Date: March 25–27, 1996. cocaine at the dopamine transporter. National Institute of Allergy and Time: 8:30 a.m. These compounds represent an Infectious Diseases; Notice of Meeting: Place: Holiday Inn Gaithersburg, 2 unprecedented class of dopamine Chronic Fatigue Syndrome Interagency Montgomery Village Avenue, Gaithersburg, uptake inhibitors that may have Coordinating Committee; Public MD 20879, (301) 948–8900. potential as cocaine-abuse therapeutics, Meeting Contact Person: Dr. Vassil Georgiev, since they have neurochemical Scientific Review Adm., 6003 Executive Notice is hereby given of the public similarities to cocaine and yet do not Boulevard, Solar Bldg., Room 4C04, meeting of the Chronic Fatigue Bethesda, MD 20892–7610, (301) 496–8206. appear to have abuse liability. Further, Syndrome (CFS) Interagency Purpose/Agenda: To evaluate grant radiolabeled analogs will be suitable for Coordinating Committee, Department of applications. imaging the dopamine transporter in Health and Human Services, on April The meeting will be closed in accordance mammalian brain using SPECT and PET 10, 1996 at the William H. Natcher with the provisions set forth in secs. and thus would be useful in the 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Conference Center, Room E1/2, 45 diagnoses and monitoring of Applications and/or proposals and the Center Drive, Bethesda, MD. neurodegenerative disorders involving discussions could reveal confidential trade The meeting will be open to the secrets or commercial property such as the dopaminergic system (e.g., public from 1:00 p.m. to 4:00 p.m., on Parkinson’s disease). In addition, the patentable material and personal information April 10, to discuss the current CFS concerning individuals associated with the invention provides pharmaceutical activities and future plans of the various applications and/or proposals, the disclosure compositions comprising an analog of member agencies. It will be chaired by of which would constitute a clearly the invention and a pharmaceutically the Assistant Secretary for Health. unwarranted invasion of personal privacy. acceptable carrier excipient. (portfolio: During the meeting there will be an (Catalog of Federal Domestic Assistance Central Nervous System—Therapeutics, opportunity for interested persons to Programs Nos. 93.855, Immunology, Allergic psychotherapeutics, drug dependence; present information and views on issues and Immunologic Diseases Research; 93.856, Central Nervous System—Therapeutics, related to CFS. Attendance by the public Microbiology and Infectious Diseases neurological, antiparkinsonian) will be limited only by space available. Research, National Institutes of Health.) Dated: February 8, 1996. Alzheimer’s Disease Index (ADI) If you plan to attend the meeting, please provide your name, organization, Susan K. Feldman, Alkon, D.L. (NINDS) address, telephone and FAX numbers to Committee Management Officer, NIH. Filed 26 Sep 95 Dr. John La Montagne, Co-Chair, [FR Doc. 96–3180 Filed 2–12–96; 8:45 am] DHHS Reference No. E–092–93/2 Chronic Fatigue Syndrome Interagency BILLING CODE 4140±01±M Licensing Contact: Stephen Finley, 301/ Coordinating Committee, Division of 496–7735 ext 215 Microbiology and Infectious Diseases, Under currently available technology, National Institute of Allergy and National Institute of Allergy and Alzheimer’s disease can only be Infectious Diseases, National Institutes Infectious Diseases; Notice of Closed presumptively diagnosed by of Health, Solar Building, Room 3A18 Meeting pathological examination of brain tissue MSC 7630, Bethesda, MD 20892–7630. during autopsy in conjunction with a Telephone: 301–496–1884, FAX: 301– Pursuant to Section 10(d) of the clinical history of dementia. The present 480–4528. If you also plan to make a Federal Advisory Committee Act, as invention provides a highly reliable presentation, please notify Dr. La amended (5 U.S.C. Appendix 2), notice laboratory method of identifying Montagne. The time available will be is hereby given of the following Alzheimer’s disease in a patient. The allocated among the individuals who National Institute of Allergy and method consists of: measuring the request an opportunity for a Infectious Diseases Special Emphasis presence or absence of a specific presentation (limited to five minutes). Panel (SEP) meeting: Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5567

Name of SEP: Clinical Studies of Therapies (Catalog of Federal Domestic Assistance DEPARTMENT OF THE INTERIOR for Virus Infections. Program Nos. 93.306, 93.333, 93.337, 93.393– Date: March 5, 1996. 93.396, 93.837–93.844, 93.846–93.878, Bureau of Land Management Time: 11:00 a.m. 93.892, 93.893, National Institutes of Health, Place: Solar Bldg., Room 4C21, 6003 HHS) [NV±060±1990±01] Executive Boulevard, Bethesda, MD 20892. Dated: February 8, 1996. Contact Person: Dr. Gary S. Madonna, Notice of Availability for the Round Scientific Review Adm., 6003 Executive Susan K. Feldman, Mountain Mill and Tailings Facility Boulevard, Solar Bldg., Room 4C21, Committee Management Officer, NIH. Final Environmental Impact Statement Bethesda, MD 20892–7610, (301) 496–3528. FR Doc. 96–3166 Filed 2–12–96; 8:45 am] AGENCY: Bureau of Land Management, Purpose/Agenda: To evaluate and review a BILLING CODE 4140±01±M contract proposal. Interior. The meeting will be closed in accordance ACTION: Notice of availability for the with the provisions set forth in sections Division of Research Grants; Notice of Round Mountain Mill and Tailings 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Closed Meetings Facility final environmental impact Applications and/or proposals and the statement (EIS), for the Smoky Valley discussions could reveal confidential trade secrets or commercial property such as Pursuant to Section 10(d) of the Common Operation, Nye County, patentable material and personal information Federal Advisory Committee Act, as Nevada. concerning individuals associated with the amended (5 U.S.C. Appendix 2), notice SUMMARY: Pursuant to section 102 (2) (C) applications and/or proposals, the disclosure is hereby given of the following Division of the National Environmental Policy of which would constitute a clearly of Research Grants Special Emphasis Act, 40 CFR 1500–1508, and 43 CFR unwarranted invasion of personal privacy. Panel (SEP) meetings: (Catalog of Federal Domestic Assistance 3809, notice is given that the Bureau of Purpose/Agenda: To review individual Programs Nos. 93.855, Immunology, Allergic Land Management (BLM) has prepared and Immunologic Diseases Research; 93.856, grant applications. and made available a Final EIS on the Microbiology and Infectious Diseases Name of SEP: Biological and Physiological proposed Round Mountain Mill and Research, National Institutes of Health.) Sciences. Tailings Facility. Date: February 13, 1996. Dated: February 8, 1996. Time: 12:00 p.m. DATES: The U.S. Environmental Susan K. Feldman, Place: Double Tree Hotel, Rockville, Protection Agency will publish a Notice Committee Management Officer, NIH. Maryland. of Availability for this project in the [FR Doc. 96–3181 Filed 2–12–96; 8:45 am] Contact Person: Dr. Sooja Kim, Scientific Federal Register on February 16, 1996. BILLING CODE 4140±01±M Review Administrator, 6701 Rockledge Drive, That publication begins the official 30- Room 4120, Bethesda, Maryland 20892, (301) day availability period for a Final EIS as 435–1780. required by 40 CFR 1506.10. Division of Research Grants; Notice of Name of SEP: Biological and Physiological ADDRESSES: Correspondence may be Closed Meeting Sciences. addressed to: Bureau of Land Date: February 13, 1996. Management, Battle Mountain District, Pursuant to Section 10(d) of the Time: 1:00 p.m. Post Office Box 1420, Battle Mountain, Federal Advisory Committee Act, as Place: Double Tree Hotel, Rockville, Nevada 89820, Attn.: Christopher J. Maryland. amended (5 U.S.C. Appendix 2), notice Stubbs, Round Mountain EIS Project is hereby given of the following Division Contact Person: Dr. Sooja Kim, Scientific Review Administrator, 6701 Rockledge Drive, Manager. A limited number of copies of of Research Grants Special Emphasis Room 4120, Bethesda, Maryland 20892, (301) the Final EIS may be obtained at the Panel (SEP) meeting: 435–1780. same address or by calling Christopher Purpose/Agenda: To review individual This notice is being published less than 15 J. Stubbs at (702) 635–4000. In addition, grant applications. days prior to the above meetings due to the the Final EIS and supporting Name of SEP: Behavioral and partial shutdown of the Federal Government documentation are available for review Neurosciences. and the urgent need to meet timing at the following locations: BLM, Battle Date: February 14–16, 1996. limitations imposed by the grant review and Mountain District Office, Battle Time: 8:00 a.m. funding cycle. Mountain, Nevada; BLM, Nevada State Place: Omni Shoreham Hotel, Washington, The meetings will be closed in accordance Office, Reno, Nevada; and the Getchell DC. with the provisions set forth in secs. Contact Person: Dr. Carole Jelsema, Library, University of Nevada, Reno, 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Nevada. Scientific Review Administrator, 6701 Applications and/or proposals and the Rockledge Drive, Room 5176, Bethesda, discussions could reveal confidential trade FOR FURTHER INFORMATION CONTACT: Maryland 20892, (301) 435–1248. secrets or commercial property such as Christopher J. Stubbs, Round Mountain The meeting will be closed in accordance patentable material and personal information EIS Project Manager, Bureau of Land with the provisions set forth in secs. concerning individuals associated with the Management, Post Office Box 1420, 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. applications and/or proposals, the disclosure Battle Mountain, Nevada 89820, (702) Applications and/or proposals and the of which would constitute a clearly discussions could reveal confidential trade 635–4000. unwarranted invasion of personal privacy. secrets or commercial property such as SUPPLEMENTARY INFORMATION: The patentable material and personal information (Catalog of Federal Domestic Assistance Smoky Valley Common Operation has concerning individuals associated with the Program Nos. 93.306, 93.333, 93.337, submitted a Plan of Operations applications and/or proposals, the disclosure 93.393.93.396, 93–837–93.844, 93.846– Amendment for the construction, of which would constitute a clearly 93.878, 93.892, 93.893, National Institutes of Health, HHS) operation, and reclamation of a mill and unwarranted invasion of personal privacy. tailings facility at the Round Mountain This notice is being published less than 15 Dated: February 8, 1996. Mine. The mine currently consists of days prior to the meeting due to the partial Susan K. Feldman, shutdown of the Federal Government and the 4,767 acres of surface disturbance: 3,659 Committee Management Officer, NIH urgent need to meet timing limitations acres of land administered by the BLM, imposed by the grant review and funding [FR Doc. 96–3167 Filed 2–12–96; 8:45 am] 515 acres of land administered by the cycle. BILLING CODE 4140±01±M Toiyabe National Forest, and 593 acres 5568 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices of patented land owned by the Smoky clarifying or updating the analyses, Dated: January 25, 1996. Valley Common Operation. The making factual revisions, or explaining Mary Jo Yoas, proposed facilities would comprise an why a comment does not warrant Chief, Lands and Mineral Operations Section. expansion of the existing operation at further response. [FR Doc. 96–3092 Filed 2–12–96; 8:45 am] Comments on the Final EIS, if any, the Round Mountain Mine to improve BILLING CODE 4310±32±P the recovery of gold from ore that is will be reviewed to determine if they being mined from the existing open pit. have merit (i.e., if they identify Ancillary facilities would include a new significant issues not previously Fish and Wildlife Service primary crusher; a power line; fresh addressed or introduce new significant water, reclaim water, and tailings information). If so, the official Availability of a Draft Environmental pipelines; and a septic system. The responsible for preparing the EIS will Assessment and Receipt of an proposed facilities would be located on determine whether additional analysis Application for an Incidental Take approximately 757 acres of public land is warranted. If not, a Record of Permit of the Atlantic Coast Piping administered by the BLM, Battle Decision will be issued following the Plover in Massachusetts Mountain District Office, Tonopah 30-day availability period for this Final Resource Area. Construction is EIS. AGENCY: Fish and Wildlife Service, scheduled to begin in 1996; operation of A copy of the Final EIS will be sent Interior. the mill and tailings facility would to all individuals, agencies, and groups ACTION: Notice. begin in 1997 and continue until 2008. who have expressed interest in the This full-text Final EIS analyzes the project or as mandated by regulation or SUMMARY: The Massachusetts Division environmental impacts associated with policy. of Fisheries and Wildlife has applied to the U.S. Fish and Wildlife Service the proposed mill and tailings facility Dated: February 5, 1996. and ancillary facilities, a range (Service) for an incidental take permit Thomas H. Jury, management alternative, an alternative pursuant to Section 10(a) of the tailings impoundment site, and the no Acting District Manager. Endangered Species Act (Act). The action alternative. In addition, the Final [FR Doc. 96–3091 Filed 2–12–96; 8:45 am] requested permit, which is for a period EIS analyzes potential impacts BILLING CODE 4310±HC-P of two years, would authorize the associated with pit dewatering and pit incidental take of the threatened piping plover (Charadrius melodus) in water quality, and the leach offload [AZ-933±06±1310±01; AZA 26597] piles. Issues analyzed in the Final EIS Massachusetts. The proposed take include geology and minerals, water Oil and Gas Leases: Arizona would occur as a result of specific resources, soils and watershed, actions relating to the management of vegetation, wildlife and fisheries, range AGENCY: Bureau of Land Management, recreational use of beaches where resources, paleontological resources, Interior. breeding piping plovers are found. cultural resources and Native American ACTION: Notice of proposed The Service has prepared a draft traditional and religious values, air reinstatement of Terminated Oil and environmental assessment (EA) for the quality, access and land use, recreation Gas Lease. incidental take application. This notice is provided pursuant to Section 10(c) of and wilderness, social and economic SUMMARY: Under the provisions of the Act and National Environmental values, visual resources, noise, and Public Law 97–451, a petition for Policy Act regulations (40 CFR 1506.6). hazardous materials. reinstatement of oil and gas lease AZA Public participation has occurred 26597 for lands in Mohave County, DATES: Written comments on the throughout the EIS process. A Notice of Arizona, was timely filed and was application and EA should be received Intent to prepare an EIS was published accompanied by all required rental and on or before March 14, 1996. in the Federal Register in August 1993, royalties accruing from June 1, 1995, the ADDRESSES: Written comments and an open scoping period was held date of termination. The lessee has met regarding the application and requests for 120 days. Two public scoping for copies of the draft EA and the meetings to solicit comments and ideas all the requirements for reinstatement of the lease as set out in Sections 31(d) and conservation plan should be addressed were held in November 1993, and a to Field Supervisor, New England Field newsletter was issued to keep the public (e) of the Mineral Leasing Act of 1920 (30 USC 188), and the Bureau of Land Office, 22 Bridge St., Unit 1, Concord, informed of the progress of the EIS. A New Hampshire 03301–4986, telephone Notice of Availability for the Draft EIS Management is proposing to reinstate the lease effective June 1, 1995, subject (603) 225–1411. Comments regarding was published in the Federal Register the conservation plan will be forwarded in September 1995. The Draft EIS was to the original terms and conditions of to the Massachusetts Division of issued to the public and agencies in the lease and the increased rental and Fisheries and Wildlife for review and September 1995, and comments on the royalty rates cited below. response. document were accepted during a 60- FOR FURTHER INFORMATION CONTACT: day comment period. Comments were Mary Hyde, BLM Arizona State Office, FOR FURTHER INFORMATION CONTACT: also accepted during two public P.O. Box 16563, Phoenix, Arizona Susanna L. von Oettingen at the above comment meetings on the Draft EIS, 85011, (602) 650–0518. address. held in October 1995. SUPPLEMENTARY INFORMATION: No valid SUPPLEMENTARY INFORMATION: The The Final EIS contains in its entirety lease has been issued affecting the Atlantic Coast piping plover was listed the analyses originally published in the lands. The lessee has agreed to new as a threatened species on January 10, Draft EIS as well as responses to public lease terms for rentals and royalties at 1986. Because of its listing as comments received during the public rates of $5 per acre or fraction thereof, threatened, the piping plover is comment period. The comments and 162⁄3 percent, respectively. The protected by the Act’s prohibitions received include 15 letters and 2 public lessee has paid the required $500 against ‘‘take’’. However, the Service meeting transcripts, which are administrative fee and has reimbursed may issue permits to carry out otherwise reproduced in the Final EIS. These the Bureau of Land Management for the prohibited activities involving comments have been responded to by cost of the Federal Register notice. endangered and threatened wildlife Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5569 under certain circumstances. The proposed action establishes strict encompasses a sufficiently large Regulations governing permits are at 50 eligibility criteria for landowners geographic area that should some sites CFR 17.22, 17.23 and 17.32. For seeking to participate in permitted experience adverse effects from threatened species, such permits are activities, and requires that these environmental or demographic available for scientific purposes, landowners make additional plover stochasticity, unsuccessful management, incidental take, or special purposes protection commitments, including the or larger incidental take than predicted, consistent with the purposes of the Act. use of predator exclosures, prohibition those set-backs may be balanced by The Massachusetts Division of of dogs, and plover monitoring and more favorable conditions or results of Fisheries and Wildlife (Division) has reporting. The proposed permit would management elsewhere in the planning applied to the Service for an incidental be effective during the 1996 and 1997 unit. Finally, the proposed permit take permit pursuant to Section 10(a) of plover breeding seasons. Authorized duration of 2 years will allow for a the Act. This permit would authorize take would only affect piping plovers; relatively rapid evaluation of the the incidental take of piping plovers take of other federally-listed species is conservation plan in light of through otherwise lawful activities specifically excluded from the proposed management results and changes in the occurring on plover breeding beaches. action. overall status of the Massachusetts and 0.Included in the application is a Incidental take likely to occur on New England plover populations that conservation plan prepared by the eligible sites may result from several may occur in 1996 and 1997. Division detailing the activities that management options outlined in the Alternatives presented by the Division would result in incidental take and conservation plan. Landowners that in the conservation plan are limited to describing measures that mitigate, choose to undertake such actions may the proposed action and the no-action minimize and monitor the amount of apply to be included under the alternative (continuation of current take. Division’s proposed permit that will management recommendations without The draft revised recovery plan for the authorize the incidental take. Proposed increased flexibility for limited take). In Atlantic Coast piping plover (U.S. Fish authorized activities are (1) reduction of the draft EA, the Service considers four symbolically-fenced buffer areas around and Wildlife Service. 1995. Piping additional alternatives limitation of plover nests, applicable to one plover Plover (Charadrius melodus), Atlantic authorized take to pedestrian activities, nest per site per year; (2) limited use of Coast Population, Revised Recovery limitation of authorized take to escorted off-road vehicle caravans or Plan. Technical/Agency Draft. Hadley, motorized activities, issuance of the beach taxis for recreational access MA. 238pp) identified New England permit for a duration of one year, and during periods when unfledged chicks (which includes Massachusetts) as a issuance of the permit for a duration of are present on the beach; (3) use of recovery unit. Guidelines in the draft five years. essential vehicles during daylight hours recovery plan state that permits for (NOTICE: Availability of a draft environmental without shorebird monitor escorts; (4) incidental take that will reduce the assessment and receipt of an application for limited use of vehicles for homeowner productivity of breeding piping plovers an incidental take permit of the Atlantic access after dark through areas with Coast piping plover in Massachusetts) should only be allowed in recovery unfledged chicks; and (5) moving eggs Dated: February 2, 1996. units where the subpopulation has from heavily-used pedestrian or vehicle achieved at least 70% of its portion of Cathy Short, access points. Acting Regional Director, Region 5. the recovery goal. As of 1995, the piping Take of piping plovers primarily will [FR Doc. 96–3145 Filed 2–12–96; 8:45 am] plover population in the New England occur either through direct mortality of recovery unit had reached 89% of the chicks, harassment of chicks or adults, BILLING CODE 4310±55±M recovery goal (555 pairs) specified in the or mortality of eggs that occurs as the draft recovery plan. Furthermore, under result of nest abandonment or an intensive management program, the inadequate incubation or nest defense. DEPARTMENT OF JUSTICE Massachusetts piping plover population As a result of these takings, overall Antitrust Division has increased more than three-fold over reproductive success will be reduced at the last eight years, from 126 pairs in individual sites, and adverse effects may Notice Pursuant to the National 1987 to 445 pairs in 1995. occur to immediate habitats of Cooperative Research and Production The purpose of the proposed individual pairs or broods. However, the Act of 1993ÐHart Communication incidental take permit is to provide level of incidental take likely to occur Foundation increased flexibility in managing will not reduce productivity enough to Massachusetts beaches for use by substantially slow progress toward Notice is hereby given that, on recreationists and homeowners, while recovery. Take that occurs as a result of September 28, 1995, pursuant to Section assuring continued progress toward the a permit issued to the Division will not 6(a) of the National Cooperative recovery of the Massachusetts and include mortality of adults, nor will Research and Production Act of 1993, Atlantic Coast populations of the piping actions undertaken within the scope of 15 U.S.C. § 4301 et seq. (‘‘the Act’’), Hart plover. The additional flexibility in such a permit permanently degrade Communication Foundation (‘‘HCF’’) managing beaches will prevent a otherwise suitable habitat. has filed written notifications disproportionate expenditure of The Division has proposed to simultaneously with the Attorney resources directed at the protection of a minimize and monitor the level of General and the Federal Trade few nests or broods in areas where they incidental take through a number of Commission disclosing changes in may significantly disrupt beach access measures. Continued population growth membership. The notifications were by large numbers of people and be over the duration of the permit should filed for the purpose of extending the highly vulnerable to disturbance and/or be ensured by conditioning the Act’s provisions limiting the recovery of mortality. Management flexibility also authorization of incidental take on antitrust plaintiffs to actual damages will create incentives for the continued maintaining average productivity of 1.5 under specified circumstances. participation by beach management chicks fledged per pair for the entire Specifically, the identities of the new agencies and organizations involved in state, individual Management Units and members are: Peek Measurement Ltd., protecting piping plovers. individual sites. The conservation plan Winchester, Hampshire, ENGLAND; 5570 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Robertshaw Tennessee, Knoxville, TN; VA; ICI Americas, West Gurnee, IL; 20 Josephson Junctions with greater Rossel Messtechnik GmbH & Co., Solvay Performance Chemicals, than 10% yield, by April, 1996. Werne, GERMANY; Softing GmbH, Greenwich, CT; Phillips Chemical Co., Constance K. Robinson, Muchen, GERMANY; Solartron Bartlesville, OK; Stepan Co., Northfield, Director of Operations, Antitrust Division. Transducers, Farnborough, Hampshire, IL; E.I. DuPont de Nemours & Co., [FR Doc. 96–3094 Filed 2–12–96; 8:45 am] ENGLAND; The Foxboro Company, Wilmington, DE; and Premium BILLING CODE 4410±01±M Foxboro, MA; and Yamatake-Honeywell Polymers, Austin, TX. Pursuant to an Co., Ltd., Samukawa-machi, JAPAN. EPA ozone layer protection mandate, The following are no longer members the polyisocyanurate insulation Drug Enforcement Administration of HCF: AIM Automation and Instr. industry must cease its use of ‘‘HCFC Management Oy; and UTSI International 141b’’ as a blowing agent for the Manufacturer of Controlled Corp. production of polyisocyanurate foam by Substances; Notice of Application No other changes have been made in 2002. The Research Task Force is being the membership, nature and objectives established in order to conduct research Pursuant to Section 1301.43(a) of Title of the consortium. Membership in HCF and testing of alternative blowing agents 21 of the Code of Federal Regulations remains open, and HCF intends to file and to develop baseline performance (CFR), this is notice that on November additional written notifications data so as to ensure the availability of 20, 1995, Ansys, Inc., 2 Goodyear, disclosing all changes in membership. an acceptable blowing agent by 2002. Irvine, California 92718, made On March 17, 1994, HCF filed its application to the Drug Enforcement Constance K. Robinson, original notification pursuant to Section Administration (DEA) for registration as 6(a) of the Act. The Department of Director of Operations, Antitrust Division. a bulk manufacturer of the basic classes Justice published a notice in the Federal [FR Doc. 96–3093 Filed 2–12–96; 8:45 am] of controlled substances listed below: Register pursuant to Section 6(b) of the BILLING CODE 4410±01±M Act on May 5, 1994 (59 FR 23234). The Drug Schedule last notification was filed with the Department on June 26, 1995. A notice Notice Pursuant to the National Cathinone (1235) ...... I Cooperative Research and Production Methcathinone (1237) ...... I was published in the Federal Register Heroin (9200) ...... I pursuant to Section 6(b) of the Act on Act of 1993ÐCollaboration Agreement Relating to High Temperature Phencyclidine (7471) ...... II December 5, 1995 (60 FR 62260). 1-Piperidinocyclohexanecarbo II Constance K. Robinson, Superconducting Josephson Junction -nitrile (8603). Technology Director of Operations, Antitrust Division. Levorphanol (9220) ...... II [FR Doc. 96–3095 Filed 2–12–96; 8:45 am] Notice is hereby given that, on The firm plans to manufacture the BILLING CODE 4410±01±M November 29, 1995, pursuant to Section listed controlled substances to produce 6(a) of the National Cooperative standards and controls for in-vitro Notice Pursuant to the National Research and Production Act of 1993, diagnostic drug testing systems. Cooperative Research and Production 15 U.S.C. § 4301 et seq. (‘‘the Act’’), Any other such applicant and any Act of 1993ÐPIMA Research Task TRW, Inc., for itself and for the person who is presently registered with Force participants in the Collaboration DEA to manufacture such substances Agreement Relating to High may file comments or objections to the Notice is hereby given that, on Temperature Superconducting issuance of the above application. January 18, 1996, pursuant to Section Josephson Junction Technology (the Any such comments or objections 6(a) of the National Cooperative ‘‘Collaboration Agreement’’), has filed may be addressed, in quituplicate, to the Research and Production Act of 1993, written notifications simultaneously Deputy Assistant Administrator, Office 15 U.S.C. § 4301 et seq. (‘‘the Act’’), the with the Attorney General and the of Diversion Control, Drug Enforcement PIMA Third Generation Blowing Agent Federal Trade Commission disclosing Administration, United States Research Task Force (the ‘‘Research (1) the identities of the parties and (2) Department of Justice, Washington, DC Task Force’’) filed notifications the nature and objectives of the 20537, Attention: DEA Federal Register simultaneously with the Attorney Collaboration Agreement. The Representative (CCR), and must be filed General and the Federal Trade notifications were filed for the purpose no later than April 15, 1996. Commission disclosing (1) the identities of invoking the Act’s provisions limiting Dated: February 2, 1996. of the parties and (2) the nature and the recovery of antitrust plaintiffs to Gene R. Haislip, objectives of the Research Task Force. actual damages under specified The notifications were filed for the circumstances. Pursuant to Section 6(b) Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement purpose of invoking the Act’s provisions of the Act, the identities of the parties Administration. limiting the recovery of antitrust to the Collaboration Agreement are: [FR Doc. 96–3169 Filed 2–12–96; 8:45 am] plaintiffs to actual damages under TRW, Inc., Redondo Beach, CA; specified circumstances. Pursuant to Westinghouse Electric Corporation, BILLING CODE 4410±09±M Section 6(b) of the Act, the identities of Pittsburgh, PA; and Conductus, Inc., the parties are: The Polyisocyanurate Sunnyvale, CA. The general areas of Manufacturer of Controlled Insulation Manufacturers Association planned activity for the parties to the Substances; Notice of Application (‘‘PIMA’’), Washington, DC; Collaborative Agreement are research AlliedSignal Inc., Morristown, NJ; BASF and development with the intent to Pursuant to Section 1301.43(a) of Title Corp., Mount Olive, NJ; Bayer, establish a joint road map for the 21 of the Code of Federal Regulations Pittsburgh, PA; The Dow Chemical development of a multilayer high (CFR), this is notice that on November Company, Midland, MI; Elf Atochem temperature superconducting junction 17, 1995, Isotec, Inc., 3858 Benner Road, North America, Inc., Philadelphia, PA; technology which will support the Miamisburg, Ohio 45342, made Exxon Chemical Co., Baytown, TX; fabrication of integrated circuits with no application to the Drug Enforcement Goldschmidt Chemical Co., Hopewell, on-chip redundancy containing at least Administration (DEA) for registration as Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5571 a bulk manufacturer of the basic classes the Deputy Assistant Administrator, DEPARTMENT OF LABOR of controlled substances listed below: Office of Diversion Control, Drug Enforcement Administration, United Office of the Secretary Drug Schedule States Department of Justice, Agency Recordkeeping/Reporting Washington, D.C. 20537, Attention: DEA Cathinone (1235) ...... I Requirements Under Review by the Methcathinone (1237) ...... I Federal Register Representative (CCR), Office of Management and Budget N-Ethylamphetamine (1475) ...... I and must be filed no later than (60 days (OMB) N,N-Dimethylamphetamine (1480) I from publication). Aminorex (1585) ...... I February 8, 1996. Dated: February 2, 1996. Methaqualone (2565) ...... I The Department of Labor (DOL) has Lysergic acid diethylamide (7315) I Gene R. Haislip, submitted the following public Tetrahydrocannabinols (7370) ..... I Deputy Assistant Administrator, Office of information collection requests (ICRs) to Mescaline (7381) ...... I Diversion Control, Drug Enforcement the Office of Management and Budget 2,5-Dimethoxyamphetamine I Administration. (7396). (OMB) for review and approval under 3,4-Methylenedioxyamphetamine I [FR Doc. 96–3170 Filed 2–12–96; 8:45 am] the Paperwork Reduction Act of 1995 (7400). BILLING CODE 4410±09±M (P.L. 104–13, 44 U.S.C. Chapter 35). 3,4-Methylenedioxy-N- I Copies of these individual ICRs, with ethylamphetamine (7404). applicable supporting documentation, 3,4-Methylenedioxymetham I Manufacturer of Controlled may be obtained by calling the -phetamine (7405). Substances; Notice of Application Department of Labor Acting 4-Methoxyamphetamine (7411) ... I Departmental Clearance Officer, Theresa Psilocybin (7437) ...... I Pursuant to Section 1301.43(a) of Title Psilocyn (7438) ...... I M. O’Malley ((202) 219–5095). N-Ethyl-1-phenylcyclohexylamine I 21 of the Code of Federal Regulations Individuals who use a (7455). (CFR), this is notice that on November telecommunications device for the deaf Codeine (9050) ...... II 7, 1995, Orpharm, Inc., 728 West 19th (TTY/TDD) may call (202) 219–4720 Dihydromorphine (9145) ...... I Street, Houston, Texas 77008, made between 1:00 p.m. and 4:00 p.m. Eastern Normorphine (9313) ...... I application to the Drug Enforcement time, Monday through Friday. Acetylmethadol (9601) ...... I Administration (DEA) for registration as Comments should be sent to the Alphacetylmethadol Except Levo- I a bulk manufacturer of the basic classes Office of Information and Regulatory Alphacetylmethadol (9603). Affairs, Attn: OMB Desk Officer for Normethadone (9635) ...... I of controlled substances listed below: 3-Methylfentanyl (9813) ...... I ESA, Office of Management and Budget, Amphetamine (1100) ...... II Drug Schedule Room 10235, Washington, DC 20503 Methamphetamine (1105) ...... II ((202) 395–7316), within 30 days from Methylphenidate (1724) ...... II Methadone (9250) ...... II the date of this publication in the Amobarbital (2125) ...... II Methadone intermediate (9254) ... II Federal Register. Pentobarbital (2270) ...... II Levo-alphacetylmethadol (9648) .. II The OMB is particularly interested in Secobarbital (2315) ...... II comments which: 1-Phenylcyclohexylamine (7460) . II • Evaluate whether the proposed The firm plans to manufacture Phencyclidine (7471) ...... II collection of information is necessary Phenylacetone (8501) ...... II methadone and methadone intermediate for the proper performance of the 1-Piperidinocyclohexanecarbo II for the production of LAAM. -nitrile (8603). functions of the agency, including Codeine (9050) ...... II Any other such applicant and any whether the information will have Dihydrocodeine (9120) ...... II person who is presently registered with practical utility; Oxycodone (9143) ...... II DEA to manufacture such substances • Evaluate the accuracy of the Hydromorphone (9150) ...... II may file comments or objections to the agency’s estimate of the burden of the Benzoylecgonine (9180) ...... II issuance of the above application. proposed collection of information, Ethylmorphine (9190) ...... II Any such comments or objections including the validity of the Hydrocodone (9193) ...... II methodology and assumptions used; Isomethadone (9226) ...... II may be addressed, in quintuplicate, to • Enhance the quality, utility, and Meperidine (9230) ...... II the Deputy Assistance Administrator, Methadone (9250) ...... II clarity of the information to be Office of Diversion Control, Drug collected; and Methadone intermediate (9254) ... II Enforcement Administration, United • Dextropropoxyphene, bulk (non- II Minimize the burden of the dosage forms) (9273). States Department of Justice, collection of information on those who Morphine (9300) ...... II Washington, D.C. 20537, Attention: DEA are to respond, including through the Levo-Alphacetylmethadol (9648) .. II Federal Register Representative (CCR), use of appropriate automated, Oxymorphone (9652) ...... II and must be filed no later than (60 days electronic, mechanical, or other Fentanyl (9801) ...... II from publication). technological collection techniques or Dated: February 2, 1996. other forms of information technology, The firm plans to use small quantities e.g., permitting electronic submission of Gene R. Haislip, of the listed controlled substances to responses. produce standards for analytical Deputy Assistant Administrator, Office of Agency: Employment Standards laboratories. Diversion Control, Drug Enforcement Administration. Any other such applicant and any Administration. Title: Housing Occupancy Certificate. person who is presently registered with [FR Doc. 96–3171 Filed 2–12–96; 8:45 am] OMB Number: 1215–0158. DEA to manufacture such substances BILLING CODE 4410±09±M Agency Number: WH–520. may file comments or objections to the Frequency: On occasion. issuance of the above application. Affected Public: Individuals or Any such comments or objections households; Business or other for-profit; may be addressed, in quintuplicate, to Farms. 5572 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Number of Respondents: 25. ACTION: Notice of Proposed Exemptions. SUPPLEMENTARY INFORMATION: The Estimated Time Per Respondent: 3 proposed exemptions were requested in minutes. SUMMARY: This document contains applications filed pursuant to section Total Burden Hours: 2. notices of pendency before the 408(a) of the Act and/or section Description: Section 203(b)(1) of the Department of Labor (the Department) of 4975(c)(2) of the Code, and in Migrant and Seasonal Agricultural proposed exemptions from certain of the accordance with procedures set forth in Worker Protection Act requires any prohibited transaction restrictions of the 29 CFR Part 2570, Subpart B (55 FR person owning or controlling any Employee Retirement Income Security 32836, 32847, August 10, 1990). facility or real property to be occupied Act of 1974 (the Act) and/or the Internal Effective December 31, 1978, section by migrant agricultural workers to Revenue Code of 1986 (the Code). 102 of Reorganization Plan No. 4 of obtain a certificate of occupancy. Form Written Comments and Hearing 1978 (43 FR 47713, October 17, 1978) WH–520 is the form used when the transferred the authority of the Secretary Requests Department of Labor Wage and Hour of the Treasury to issue exemptions of Division inspects and approves such Unless otherwise stated in the Notice the type requested to the Secretary of housing. of Proposed Exemption, all interested Labor. Therefore, these notices of Agency: Employment Standards persons are invited to submit written proposed exemption are issued solely Administration. comments, and with respect to by the Department. Title: Comparability of Current Work exemptions involving the fiduciary The applications contain to Coal Mine Employment; Coal Mine prohibitions of section 406(b) of the Act, representations with regard to the Employment Affidavit; Affidavit of requests for hearing within 45 days from proposed exemptions which are Deceased Miner’s Condition. the date of publication of this Federal summarized below. Interested persons OMB Number: 1215–0056. Register Notice. Comments and request are referred to the applications on file Agency Number: CM–913; CM–918 for a hearing should state: (1) The name, with the Department for a complete CM–1093. address, and telephone number of the statement of the facts and Frequency: On occasion. person making the comment or request, representations. Affected Public: Individuals or and (2) the nature of the person’s Aultman Retirement Savings Plan (the households. interest in the exemption and the Plan), Located in Canton, Ohio manner in which the person would be Num- adversely affected by the exemption. A [Application No. D–09904] ber of Estimated Sub- Form re- time per total request for a hearing must also state the Proposed Exemption burden issues to be addressed and include a spond- respondent hours The Department is considering ents general description of the evidence to be presented at the hearing. A request for granting an exemption under the CM±913 ...... 3,600 30 min. .... 1,800 a hearing must also state the issues to authority of section 408(a) of the Act CM±918 ...... 100 10 min. .... 17 be addressed and include a general and section 4975(c)(2) of the Code and CM±1093 .... 100 20 min. .... 33 in accordance with the procedures set Total Burden ...... 1,850 description of the evidence to be presented at the hearing. forth in 29 CFR Part 2570, Subpart B (55 Hours. FR 32836, 32847, August 10, 1990). If ADDRESSES: All written comments and the exemption is granted the restrictions Description: These forms are used to request for a hearing (at least three of sections 406(a), 406(b)(1) and (b)(2) of gather information which is reviewed by copies) should be sent to the Pension the Act and the sanctions resulting from the Division of Coal Mine Workers’ and Welfare Benefits Administration, the application of section 4975 of the Compensation to determine eligibility of Office of Exemption Determinations, Code, by reason of section 4975(c)(1)(A) individuals applying for benefits under Room N–5649, U.S. Department of through (E) of the Code, shall not apply the Black Lung Benefits Act. The CM– Labor, 200 Constitution Avenue, N.W., to the proposed guarantee (the 913 is completed by beneficiaries and Washington, D.C. 20210. Attention: Guarantee) by Aultman Health Services claimants and compares non-coal mine Application No. stated in each Notice of Association (the Employer), the sponsor work to coal mine work. The CM–918 is Proposed Exemption. The applications of the Plan, of amounts due the Plan completed by persons with knowledge for exemption and the comments with respect to four guaranteed of the miner’s coal mine work. The CM– received will be available for public investment contracts issued by 1093 is completed by persons with inspection in the Public Documents Confederation Life (Confederation Life), knowledge of the deceased miners Room of Pension and Welfare Benefits including the Employer’s potential cash medical condition, when medical Administration, U.S. Department of advances to the Plan (the Advances) evidence is insufficient. Labor, Room N–5507, 200 Constitution pursuant to the Guarantee and the Theresa M. O’Malley, Avenue, N.W., Washington, D.C. 20210. potential repayment of the Advances Acting Departmental Clearance Officer. Notice to Interested Persons (the Repayments); provided that the [FR Doc. 96–3162 Filed 2–12–96; 8:45 am] following conditions are satisfied: BILLING CODE 4510±27±M Notice of the proposed exemptions (A) All terms of the transactions are will be provided to all interested no less favorable to the Plan than those persons in the manner agreed upon by which the Plan could obtain in an Pension and Welfare Benefits the applicant and the Department arm’s-length transaction with an Administration within 15 days of the date of publication unrelated party; in the Federal Register. Such notice (B) The Plan does not incur any [Application No. D±09904, et al.] shall include a copy of the notice of expenses or pay any interest with Proposed Exemptions; Aultman proposed exemption as published in the respect to the transactions; Retirement Savings Plan (the Plan) Federal Register and shall inform (C) The Repayments, if any, are interested persons of their right to restricted to (1) excess Advances made AGENCY: Pension and Welfare Benefits comment and to request a hearing by the Employer, and (2) GIC Proceeds, Administration, Labor. (where appropriate). defined as all amounts actually received Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5573 by the Plan with respect to the GICs issued by Confederation Life, a exemption for these transactions under from Confederation Life, any Canadian life insurance company doing the terms and conditions described conservator, trustee or person business in the United States through herein. performing similar functions with subsidiaries. The GICs were purchased 4. The Guarantee: The Employer’s respect to Confederation Life or acting by the Trustee as a general Plan asset proposed guarantee, including the as surety or insurer with respect to before the Plan documents provided for potential advances and repayments of Confederation Life, and/or any state individually-directed investment of the the advances, will be embodied in a guaranty fund or other entity paying the Accounts. written agreement between the Trustee obligations of Confederation Life with The GICs are identified as follows: (A) and the Employer (the Agreement). respect to the GICs; Contract no. 61931 purchased on Under the Agreement, the Employer (D) The Repayments will be made January 5, 1990, principal amount undertakes a guarantee (the Guarantee) only after the Plan has recovered, $500,000; (B) Contract no. 61985 that the Plan will recover with respect through the Advances plus GIC purchased on January 16, 1990, to each GIC an amount referred to in the Proceeds, the amount guaranteed by the principal amount $1 million; (C) Agreement as the GIC’s ‘‘Current Employer with respect to the GICs; and Contract no. 62754 purchased on April Value’’, defined as follows: (a) The (E) To the extent the Advances exceed 28, 1993, principal amount $1 million; principal amount invested in the GIC, GIC Proceeds, repayment of the and (D) Contract no. 62773 purchased plus (b) interest thereon through the difference will be waived. on August 3, 1993, principal amount $1 Maturity Date at the Contract Rate Summary of Facts and Representations million. Each GIC is a non-benefit- during any period for which the GIC’s responsive contract earning interest, terms provide for interest at the Contract Introduction: The Plan’s assets payable annually (the Annual Rate, plus (c) interest after the Maturity currently include four guaranteed Payments), at a rate specified by its Date (herein referred to as Post-Maturity investment contracts (the GICs) issued terms (the Contract Rates) over 60 Interest) at a daily rate of interest equal by Confederation Life Insurance months, at the end of which principal to one three-hundred-sixty-fifth (1⁄365) of Company (Confederation). and accrued, unpaid interest are due on the lesser of (i) the ‘‘Index’’ interest rate Confederation has been placed in a specified date (the Maturity Date) in that was quoted in the Wall Street receivership and, consequently, a final maturity payment (the Maturity Journal on the GIC’s issue date for the payments and withdrawals with respect Payment). The Employer represents that purchase of a new five-year guaranteed to the GICs are prohibited. The Plan through 1994, all Annual Payments due investment contract from an insurance sponsor, Aultman Health Services under the GICs had been paid. company rated AAA by Standard and Association (the Employer), proposes to 3. On August 11, 1994 (the Poor’s or by Duff & Phelps, or (ii) the guarantee that in the eventual resolution Receivership Date), Confederation Life GIC’s Contract Rate; less (d) GIC of the receivership the Plan will recover was placed in receivership (the Proceeds, defined as all amounts fully its investments in the GICs, Receivership) pursuant to rehabilitation received by the Plan with respect to the including interest guaranteed under the proceedings by the State of Michigan.1 GIC from Confederation Life, any GICs through their maturity dates and Consequently, Confederation Life’s conservator, trustee or person interest after the maturity dates at a rate assets and operations were frozen, and performing similar functions with described below. The exemption payments on all its guaranteed respect to Confederation Life acting as proposed herein would enable this investment contracts, including the surety or insurer with respect to guarantee under the terms and GICs held by the Plan, were suspended Confederation Life, and/or any state conditions described below. effective as of the Receivership Date. guaranty fund or other entity otherwise 1. The Plan is a defined contribution Maturity Payments on two of the GICs paying the obligations of Confederation money purchase pension plan which were due January 5 and January 16, Life with respect to the GIC. provides for individual participant 1995, but such payments were not Accordingly, when each Maturity accounts (the Accounts), with 3,496 made. The Employer represents that it is Payment becomes due under each GIC, participants and approximately $42 not known whether, when, or under the Employer becomes obligated to pay million in assets as of June 30, 1994. what terms the Plan will receive any the Plan (not necessarily on each GIC’s The Plan is sponsored by the Employer, further Annual Payments and Maturity Maturity Date, but in no event later than a nonprofit Ohio corporation engaged in Payments due under the GICs, and December 31, 2001, as explained below) the ownership and operation of further represents that the Plan is the difference between the amount of Aultman Hospital in Canton, Ohio. The exposed to risk of loss on its investment such Maturity Payment then due and trustee of the Plan is the Society in the GICs. the amount of GIC Proceeds, if any, National Bank (the Trustee) in Canton, In order to protect the Accounts from actually received by the Plan with Ohio. any loss on the Plan’s investment in the respect to such payment due (the 2. Under the terms of the Plan, GICs, the Employer proposes to Payment Obligation). After the Maturity participants direct individually the guarantee that the Plan will recover all Date of each GIC, the amount of any investment of their Accounts among amounts due under the GICs, plus post- Payment Obligation then assumed by several investment options offered by maturity interest at a rate described the Employer under the Agreement also the Trustee, including one option which below, and in its discretion to make includes interest, effective on the provides a return based on two items: advances to the Plan pursuant to this Maturity Date prospectively through the (a) individual guaranteed investment guarantee. The Employer requests an date of the Employer’s final payment of contracts purchased by the Plan from the Payment Obligation, at the rates for insurance companies (the GIC Fund); 1 The Department notes that the decisions to Post-Maturity Interest set forth in the and (b) Plan investments in the EB acquire and hold the GICs are governed by the Agreement as described above. The MaGic Fund (the EB Fund), a large fiduciary responsibility requirements of Part 4, Agreement requires the Trustee to notify collective investment fund maintained Subtitle B, Title I of the Act. In this proposed the Employer of the amount of the exemption, the Department is not proposing relief by the Trustee. The Plan is the sole for any violations of Part 4 which may have arisen Payment Obligation upon the Plan’s investor in the individual contracts in as a result of the acquisition and holding of the failure to receive in full any Maturity the GIC Fund, which includes the GICs GICs. Payment. As described below, the 5574 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Employer’s payment of amounts due the expenses with respect to the Advances conditions of the transactions and the Plan as Payment Obligation under the or the Guarantee; (4) Repayment of the exemption, at all times. Agreement will be made from time to Advances will be limited to GIC (d) The acquisition price for the time at the discretion of the Employer, Proceeds and excess Advances; and (6) Property will be paid by the Plan in and the total Payment Obligation must Repayment of the Advances will be cash and will be based upon the fair be paid to the Plan upon final resolution waived with respect to the amount by market value of the Property as of the Receivership but no later than which the Advances exceed the amount determined by a qualified, independent December 31, 2001. the Plan receives from GIC proceeds. appraiser. 5. Advances: The Agreement enables FOR FURTHER INFORMATION CONTACT: (e) The fair market value of the (but does not obligate) the Employer at Ronald Willett of the Department, Property will not exceed 25 percent of any time to reduce the balance of telephone (202) 219–8881. (This is not the assets of the Plan. (f) The terms of the Lease will remain amounts the Employer owes the Plan a toll-free number.) under the Guarantee by making at least as favorable to the Plan as those ‘‘restorative payments’’ of cash to the Jack, Lyon & Jones, P.A. Profit Sharing obtainable in an arm’s length Plan. These ‘‘restorative payments’’ (the Plan (the Plan), Located in Little Rock, transaction with an unrelated party. Advances) are treated under the AR (g) The fair market rental amount will Agreement as interest-free advances of [Application No. D–10071] be redetermined every three years that amounts guaranteed by the Employer the Lease is in effect by a qualified, under the Agreement. The Employer Proposed Exemption independent appraiser who has been represents that although the Agreement The Department is considering selected by FCTC and, FCTC will then allows Advances at any time, it expects granting an exemption under the make appropriate adjustments to such to fulfill its Guarantee obligations upon authority of section 408(a) of the Act rent. eventual resolution of the Receivership, and section 4975(c)(2) of the Code and (h) The Employer will be obligated for as discussed below, and that interim in accordance with the procedures set all real estate taxes, utility costs, fees Advances are anticipated only in the forth in 29 CFR Part 2570, Subpart B (55 and insurance premiums that are event the Plan encounters unforeseen FR 32836, 32847, August 10, 1990). If incidental to the Lease. (i) The Option Agreement will enable liquidity problems. the exemption is granted, the 6. Repayments and Final Resolution: the Plan to sell the Property to the restrictions of sections 406(a), 406(b)(1) Prior to final resolution of the Employer in the event that FCTC and (b)(2) of the Act and the sanctions Receivership, any Advances made by determines that it is not in the best resulting from the application of section the Employer will be repaid interest of the Plan to retain the 4975 of the Code, by reason of section immediately to the Employer (the Property. 4975(c)(1)(A) through (E) of the Code, Repayments) if and whenever the total (j) The Option Agreement will shall not apply to the (1) proposed GIC Proceeds plus unrepaid Advances provide that the Employer repurchase exceeds the GICs’ Current Value. A final purchase by the Plan of certain the Property from the Plan for cash in Repayment will be made to the improved real property (the Property) an amount which is not less than the Employer upon final resolution of the from Jack, Lyon & Jones, P.A., (the greater of (i) the Plan’s acquisition cost Receivership, if the sum of GIC Proceeds Employer), a party in interest with for the Property or (ii) the fair market plus unrepaid Advances exceeds the respect to the Plan; (2) the subsequent value of the Property as determined by Current Value, in the amount of such leasing (the Lease) of the Property by the a qualified, independent appraiser who excess. The Employer will receive no Plan to the Employer; and (3) the has been selected by FCTC. interest on the amounts repaid under potential future repurchase of the (k) The Plan will pay no real estate the Agreement. Property by the Employer from the Plan fees, commissions or other expenses in Upon final resolution of the pursuant to the terms of an option connection with the acquisition of the Receivership, but in no event later than agreement (the Option Agreement). Property, the administration of the December 31, 2001, if the GICs’ Current This proposed exemption is Lease or the repurchase of the Property Value exceeds the sum of total GIC conditioned on the following by the Employer under the Option Proceeds plus any Advances by the requirements: Agreement. Employer, then the Employer must (a) The interests of the Plan with make a final Advance in the amount of respect to the purchase of the Property, Summary of Facts and Representations the difference. the execution and maintenance of the 1. The Plan is a defined contribution Execution of the Agreement is Lease and the potential repurchase of plan that was established by the contingent upon (a) final grant of the the Property by the Employer will be Employer on August 1, 1986. As of exemption proposed herein and (b) represented by First Commercial Trust March 21, 1995, the Plan had 27 execution of a ‘‘closing agreement’’ Company (FCTC) of Little Rock, participants. As of March 31, 1995, the between the Employer, the Trustee and Arkansas, which will serve as the Plan had total assets of approximately the Internal Revenue Service pursuant independent fiduciary. $837,746. FCTC serves as the Plan to Revenue Procedure 92–16. (b) FCTC does not and will not derive trustee as well as the decisionmaker 7. In summary, the applicant more than one percent of its gross with respect to Plan investments. The represents that the proposed business revenues from the Employer Employer, a professional corporation transactions satisfy the criteria of and/or its principals for each fiscal year engaged in the practice of law, section 408(a) of the Act for the that it serves as the independent maintains its principal place of business following reasons: (1) The transactions fiduciary for the Plan with respect to the at 425 West Capitol Avenue, Little Rock, will protect the Plan against all risk of transactions described herein. Arkansas. loss with respect to its investments in (c) FCTC will evaluate the 2. Among the assets of the Employer the GICs; (2) The Plan will recover all transactions, determine that such is a parcel of improved real property principal invested in the GICs plus all transactions are in the best interests of which is located at 350 Ardsley Place, interest due under the GICs’ terms; (3) the Plan, and monitor and enforce Nashville, Tennessee. The Property The Plan will not pay any or incur any compliance with the terms and consists of a 3 bedroom condominium Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5575 end unit. The Employer purchased the Employer. Accordingly, the employer the Property as determined by a Property for $169,900 from Paul J. requests an administrative exemption qualified, independent appraiser who Reynard, an unrelated party, on from the Department under the terms has been selected by FCTC. FCTC may September 30, 1994. Since the date of and conditions described herein. exercise the option only after it has purchase, the Employer has used the 5. The interests of the Plan with determined that it is in the best interests Property as a working office and living respect to the proposed transactions will of the Plan and its participants and quarters for visiting attorneys who share be represented by FCTC, as the beneficiaries. Notice of the exercise of time between the Employer’s Nashville independent fiduciary. Specifically, Mr. the option must be presented to the and Little Rock offices. The Property is Albert M. Crawford, a Certified Employer in writing before its not located in close proximity to other Employee Benefits Specialist for FCTC, expiration. (Expiration of the Option real property that is owned by the will undertake the duties that are will occur upon the sale or transfer of Employer or its principals. required of the independent fiduciary. the Property by the Plan.) Upon the At present, the Property is Other than serving as the Plan’s existing presentment of notice, the Employer encumbered by a mortgage note in the trustee, FCTC represents that it is not will have 60 business days to original principal amount of $169,900. related in any way to the Employer or consummate the repurchase of the The note was executed between the its principals through any common Property. The Option Agreement further Employer and Worthen Bank of ownership, debt relationship, business requires that the Plan will not be Arkansas (Worthen), an unrelated party, dealings or family relationships, nor responsible for any real estate fees, on September 29, 1994. The note carries does it derive (or will it derive) more commissions or other expenses that are interest at 8 1⁄2 percent per annum and than one percent of its gross business incurred in connection with Employer’s initially required 5 interest only revenues from the Employer and/or its repurchase of the Property. payments beginning October 31, 1994 principals for each fiscal year that it 8. FCTC believes that the proposed and continuing at monthly intervals serves as the independent fiduciary for transactions are in the best interest of thereafter. Although a final payment of the Plan with respect to the transactions the Plan and its participants and the unpaid principal balance plus described herein. In addition, FCTC beneficiaries for the following reasons: accrued interest was to be due and states that it has extensive experience as (a) the proposed purchase of the payable on November 2, 1995, it is a fiduciary under the Act and that it Property by the Plan and the leaseback represented that the note has been acknowledges and accepts the duties, to the Employer will guarantee extended by the parties under the prior responsibilities and liabilities in acting participants an annual investment rate terms and conditions. as a fiduciary with respect to the Plan. of return of approximately 11.92 percent 6. The proposed Lease will have a 3. The Property has been appraised by or greater; (b) the terms of the Lease are term of 15 years. It may be renewed by Mitzi L. Ayers, SRA and Shirley Adkins, comparable to the ones currently being the Employer for three, successive five MAI, qualified, independent appraisers negotiated in the Nashville area for year periods provided the Employer who are affiliated with the appraisal similar properties; and (c) the Employer notifies the Plan of its intent to renew firm of Adkins & Associates, located in must, if requested, repurchase the Nashville, Tennessee. Using comparable 60 days prior to the expiration of the Lease term and it obtains FCTC’s Property under the Option Agreement market values as a basis for their for a price which may be at, or in excess analysis, the appraisers placed the fair approval with respect to each such extension. The Lease provides that the of, the fair market value. In addition, market value of the Property at $170,000 FCTC considers the Employer as of January 24, 1995. Again using the Employer pay the Plan an initial monthly rental of $1,600 per month. In creditworthy and able to meet any sales comparison approach to valuation, obligations it may have in the future to the appraisers also placed the fair addition, the Employer is required to pay for all utilities that are associated repurchase the Property. market rental value of the Property at with the Property, condominium fees, In addition to these reasons, FCTC $1,600 per month as of January 24, real estate taxes, insurance premiums believes that the diversification of the 1995. and maintenance and repairs to the Plan’s investment portfolio in the 4. Because it has assets available for Property would be beneficial to its reinvestment, the Plan proposes to premises. During every three years that the participants and beneficiaries. FCTC purchase the Property from the Lease is in effect, the Property will be notes that the Plan’s investments in real Employer for cash at its appraised value property for the year ending 1994 would 2 reappraised, at the expense of the of $170,000. The Property will then Employer, by a qualified, independent amount to less than 25 percent of the represent approximately 21 percent of appraiser who has been selected by Plan’s assets. As additional the Plan’s assets. Contemporaneously FCTC. FCTC will then adjust the rental contributions and earnings are made to with its purchase of the Property, the for the Property. In the event that the the Plan, the Property will represent a Plan will commence leasing the adjusted rental amount is less than the smaller percentage of the total Plan Property to the Employer under the rental paid by the Employer during the assets. Consequently, FCTC believes the terms of a written lease. The Lease also previous three year period, the decision to invest Plan assets in the provides for the Employer’s potential Employer will pay the Plan the prior Property is a prudent one. repurchase of the Property from the rental amount. Finally, FCTC represents that it has Plan. The Plan will not be required to 7. The Lease also contains a provision examined the Plan document, the pay any real estate fees or commissions which authorizes FCTC to require the investment portfolio for the Plan as well in connection with its acquisition of the Employer to purchase the Property from as the most recent Forms 5500 and Property, the administration of the the Plan under the terms of an Option allocations. In light of this examination, Lease or with respect to the future Agreement. Any purchase of the FCTC does not believe the liquidity of reacquisition of the Property by the Property pursuant to the Option the Plan will be adversely affected if the Agreement will be for a cash amount proposed transactions are 2 It is represented that simultaneously with the Plan’s purchase of the Property, the Employer will that is not less than the greater of (a) The consummated. FCTC also asserts that use the sale proceeds to pay off its indebtedness to Plan’s original acquisition price for the the proposed transactions will promote Worthen. Property or (b) the fair market value of the diversification of the Plan’s assets 5576 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices and enable the Plan to achieve its a qualified, independent appraiser who Laurie Stover, Director of Corporate investment objectives. has been selected by FCTC. Compensation and Benefits at FHC, and Aside from the duties that are (j) The Plan will pay no real estate Danny O. Smithson, Senior Vice described above, FCTC has agreed to fees, commissions or other expenses in President of FHC. monitor the proposed transactions connection with the acquisition of the 2. Among the assets of the Plan is the throughout their duration on behalf of Property, the administration of the GAC, No. GA–07773, which was the Plan and take appropriate actions Lease or the repurchase of the Property acquired from Mutual Benefit on May 2, that are deemed necessary and proper to by the Employer under the Option 1990 and was intended to serve as one safeguard the interests of the Plan and Agreement. of the investment options offered to its participants and beneficiaries. FCTC FOR FURTHER INFORMATION CONTACT: Ms. Plan participants. The GAC is a variant will also monitor the terms and Jan D. Broady of the Department, on the insurance product known in the conditions of the exemption, at all telephone (202) 219–8881. (This is not trade as an ‘‘annual window group times. a toll-free number.) annuity contract.’’ Under the GAC, two certificates were issued to the Plan. The 9. In summary, it is represented that Associated Claims Management 401(k) the proposed transactions will satisfy first certificate, effective January 1, Plan (the Plan), Located in Walnut 1990, provided for an interest rate of the statutory criteria for an exemption Creek, CA under section 408(a) of the Act because: 7.65% and a maturity date of December (a) The interests of the Plan with [Application No. D–10121] 31, 1994 (the 1990 Certificate). The second certificate, effective January 1, respect to the purchase of the Property, Proposed Exemption the execution and maintenance of the 1991, provided for an interest rate of The Department is considering Lease and the potential repurchase of 8.10% and a maturity date of December granting an exemption under the the Property by the Employer will, at all 31, 1995 (the 1991 Certificate). authority of section 408(a) of the Act times, be represented by FCTC. The GAC was designed to operate in and section 4975(c)(2) of the Code and (b) FCTC, which has evaluated the the following manner. For each calendar in accordance with the procedures set terms of the transactions and year during the life of the GAC, Mutual forth in 29 CFR Part 2570, Subpart B (55 Benefit would issue a certificate to the determined that the such transactions FR 32836, 32847, August 10, 1990). If will be in the best interests of the Plan, Plan setting the guaranteed rate of the exemption is granted, the interest payable on funds deposited will monitor and enforce compliance restrictions of section 406(a), 406(b)(1) with the terms and conditions of the pursuant to the GAC certificate. For and (b)(2) of the Act and the sanctions each certificate, the Plan could elect a transactions and the exemption, at all resulting from the application of section times. maturity date of two, three, or four years 4975 of the Code, by reason of section from the first of the year. Mutual Benefit (c) The acquisition price for the 4975(c)(1)(A) through (E) of the Code, Property will be paid by the Plan in would establish a separate subfund with shall not apply to the proposed sale of respect to each certificate such that the cash and will be based upon the fair a group annuity contract (the GAC) market value of the Property as GAC, over a period of time, would be issued by Mutual Benefit Life Insurance composed of a series of annual subfunds determined by a qualified, independent Company (Mutual Benefit) by the Plan appraiser. earning various rates of interest. The to Foundation Health Corporation GAC could be discontinued by the Plan (d) The fair market value of the (FHC), a party in interest with respect to Property will not exceed 25 percent of at any time. However, the funds the Plan, provided that the following deposited pursuant to the GAC the assets of the Plan. conditions are satisfied: (a) The sale is (e) The terms of the Lease will remain certificates would continue to earn a one-time transaction for cash; (b) the interest until the certificates’ respective at least as favorable to the Plan as those Plan suffers no loss nor incurs any obtainable in an arm’s length maturity dates. expense in connection with the sale; (c) 3. On July 16, 1991, Mutual Benefit transaction with an unrelated party. the purchase price is no less than the was placed into rehabilitation (f) The fair market rental amount will fair market value of the GAC as of the proceedings by the New Jersey be redetermined every three years that date of the sale; and (d) any payments Commissioner of Insurance (the the Lease is in effect by a qualified, under the GAC to FHC, or its successors, Commissioner).3 As a result, the assets independent appraiser who has been after the date of the sale in excess of of the Plan invested in the GAC were selected by FCTC and, FCTC will then FHC’s purchase price are paid to the frozen, with the exception of certain make appropriate adjustments to such Plan. hardship withdrawals. In 1994, the rent. terms of the GAC were redefined under (g) The Employer will be obligated for Summary of Facts and Representations a rehabilitation plan approved by the all real estate taxes, utility costs, fees 1. The Plan is a 401(k) plan Commissioner, and all liabilities and and insurance premiums that are maintained by Associated Claims obligations of Mutual Benefit with incidental to the Lease. Management, Inc. (ACMI), a wholly- respect to the GAC were assumed by the (h) The Option Agreement will enable owned subsidiary of FHC. FHC, a MBL Life Assurance Corporation the Plan to sell the Property to the Delaware corporation headquartered in (MBLLAC), a New Jersey stock life Employer in the event that FCTC Rancho Cordova, California, is a holding insurance company located in Newark, determines that it is not in the best company that administers managed New Jersey. The Plan opted to remain interest of the Plan to retain the health care services, as well as offering invested in the GAC according to the Property. life and disability insurance, through its (i) The Option Agreement will subsidiaries. ACMI administers 3 The Department notes that the decision to provide that the Employer repurchase insurance claims and is located in acquire and hold the GAC are governed by the the Property from the Plan for cash in Walnut Creek, California. As of fiduciary responsibility requirements of Part 4, an amount which is not less than the September 15, 1995, the Plan had 109 Subtitle B, Title I of the Act. In this proposed exemption, the Department is not proposing relief greater of (i) the Plan’s acquisition price participants who remain invested in the for any violations of Part 4 which may have arisen for the Property or (ii) the fair market GAC and total assets of approximately as a result of the acquisition and holding of the value of the Property as determined by $474,995. The trustees of the Plan are GAC. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5577 terms of the rehabilitation plan, which more attractive risk-return ratio. In employee benefit plan when the provides that withdrawals are not addition, the proposed transaction will sponsor, servicer, trustee or insurer of a permitted to participants without enable participants to obtain trust, the underwriter of the certificates penalty until December 31, 1999, except distributions, loans, and withdrawals representing an interest in the trust, or in the event of hardship or upon attributable to GAC funds that have an obligor is a party in interest with retirement after attaining age 591⁄2. been frozen since 1991. respect to such plan; Under the restructured GAC, the 4. In summary, the applicant (2) The direct or indirect acquisition interest due on the 1990 and 1991 represents that the proposed transaction or disposition of certificates by a plan in Certificates is calculated as follows. satisfies the criteria of section 408(a) of the secondary market for such From the GAC’s inception in January 1, the Act because: (a) The sale will be a certificates; and 1990 to December 31, 1991, interest is one-time transaction for cash; (b) the (3) The continued holding of credited at the guaranteed rates set forth Plan will suffer no loss nor incur any certificates acquired by a plan pursuant in the 1990 and 1991 Certificates, 7.65% expense in connection with the sale; (c) to subsection I.A.(1) or (2). and 8.10%, respectively. From January the transaction will protect the Plan Notwithstanding the foregoing, section 1, 1992 onward, interest is credited at a from any risk associated with continued I.A. does not provide an exemption from rate pursuant to an insurance industry holding of the GAC, as well as enabling the restrictions of sections 406(a)(1)(E), enhancement, or so-called ‘‘wrapper,’’ participants to exercise all of their rights 406(a)(2) and 407 for the acquisition or 4% for 1992, 3.5% for 1993, 3.5% for under the Plan to request distributions, holding of a certificate on behalf of an 1994, and 3.55% for 1995. The wrapper loans, and withdrawals from the Plan; Excluded Plan by any person who has is funded by a consortium of insurance (d) the purchase price will be the discretionary authority or renders companies (the Consortium), led by the account balance of the GAC as investment advice with respect to the 4 Prudential Insurance Company of determined by MBLLAC as of the date assets of that Excluded Plan. America and Metropolitan Life of the sale; and (e) any payments under B. The restrictions of sections Insurance Company, and provides a rate the GAC to FHC, or its successors, after 406(b)(1) and 406(b)(2) of the Act and of interest for insurance products that the date of the sale in excess of FHC’s the taxes imposed by section 4975(a) have been frozen due to the rehabilitory purchase price will be paid to the Plan. and (b) of the Code by reason of section conservatorship of Mutual Benefit. 4975(c)(1)(E) of the Code shall not apply Beginning with calendar year 1995, the Notice to Interested Persons to: interest rate set forth is based on the Notice of the proposed exemption (1) The direct or indirect sale, actual investment performance of a shall be given to all interested persons exchange or transfer of certificates in the separate account allocated by the by first-class mail, by overnight express initial issuance of certificates between Consortium to the GAC. The applicant delivery, or by posting the required the sponsor or underwriter and a plan represents that it is still uncertain information at ACMI’s offices within 15 when the person who has discretionary whether MBLLAC will be able to days of the date of publication of the authority or renders investment advice redeem the GAC at 100% of its notice of pendency in the Federal with respect to the investment of plan accumulated value by December 31, Register. Such notice shall include a assets in the certificates is (a) an obligor 1999, as provided by the rehabilitation copy of the notice of proposed with respect to 5 percent or less of the plan. exemption as published in the Federal fair market value of obligations or 4. In order to protect the Plan Register and shall inform interested receivables contained in the trust, or (b) participants and beneficiaries from any persons of their right to comment and/ an affiliate of a person described in (a); further risk of investment loss or to request a hearing with respect to if: associated with the GAC, the applicant (i) The plan is not an Excluded Plan; the proposed exemption. Comments and (ii) Solely in the case of an acquisition proposes to purchase the GAC from the requests for a hearing are due within 45 Plan for an amount equal to the account of certificates in connection with the days of the date of publication of this initial issuance of the certificates, at balance of the GAC as determined by notice in the Federal Register. MBLLAC as of the date of the sale. As least 50 percent of each class of FOR FURTHER INFORMATION CONTACT: of September 1, 1995, the GAC had an certificates in which plans have account balance of $143,091. This figure Karin Weng of the Department, invested is acquired by persons represents the principal amounts telephone (202) 219–8881. (This is not independent of the members of the deposited pursuant to the 1990 and a toll-free number.) Restricted Group and at least 50 percent 1991 Certificates, less withdrawals, plus First Union Corporation (First Union), of the aggregate interest in the trust is (i) the interest that accrued under the Located in Charlotte, NC acquired by persons independent of the 1990 and 1991 Certificates from January Restricted Group; 1, 1990 to December 31, 1991, and (ii) [Application No. D–10165] (iii) A plan’s investment in each class the interest that accrued under the Proposed Exemption of certificates does not exceed 25 wrapper from January 1, 1992 to percent of all of the certificates of that September 1, 1995. The purchase price I. Transactions class outstanding at the time of the will be adjusted to reflect any additional A. The restrictions of sections 406(a) acquisition; and interest earned from September 1, 1995 and 407(a) of the Act and the taxes (iv) Immediately after the acquisition to the date of the sale. The sale will be imposed by section 4975(a) and (b) of of the certificates, no more than 25 a one-time transaction for cash, and the the Code by reason of section percent of the assets of a plan with Plan will incur no expenses in 4975(c)(1)(A) through (D) of the Code respect to which the person has connection with the sale. shall not apply to the following discretionary authority or renders The applicant represents that the transactions involving trusts and investment advice are invested in proposed transaction is in the interests certificates evidencing interests therein: of the Plan because it will enable the (1) The direct or indirect sale, 4 Section I.A. provides no relief from sections 406(a)(1)(E), 406(a)(2) and 407 for any person Plan to avoid any risk associated with exchange or transfer of certificates in the rendering investment advice to an Excluded Plan continued holding of the GAC and to initial issuance of certificates between within the meaning of section 3(21)(A)(ii) and redirect assets to investments with a the sponsor or underwriter and an regulation 29 CFR 2510.3–21(c). 5578 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices certificates representing an interest in a otherwise apply merely because a as defined in Rule 501(a)(1) of trust containing assets sold or serviced person is deemed to be a party in Regulation D of the Securities and by the same entity.5 For purposes of this interest or disqualified person Exchange Commission under the paragraph B.(1)(iv) only, an entity will (including a fiduciary) with respect to a Securities Act of 1933. not be considered to service assets plan by virtue of providing services to B. Neither any underwriter, sponsor, contained in a trust if it is merely a the plan (or by virtue of having a trustee, servicer, insurer, nor any subservicer of that trust; relationship to such service provider obligor, unless it or any of its affiliates (2) The direct or indirect acquisition described in section 3(14)(F), (G), (H) or has discretionary authority or renders or disposition of certificates by a plan in (I) of the Act or section 4975(e)(2)(F), investment advice with respect to the the secondary market for such (G), (H) or (I) of the Code), solely plan assets used by a plan to acquire certificates, provided that the conditions because of the plan’s ownership of certificates, shall be denied the relief set forth in paragraphs B.(1)(i), (iii) and certificates. provided under Part I, if the provision (iv) are met; and II. General Conditions of subsection II.A.(6) above is not (3) The continued holding of satisfied with respect to acquisition or certificates acquired by a plan pursuant A. The relief provided under Part I is holding by a plan of such certificates, to subsection I.B.(1) or (2). available only if the following provided that (1) such condition is C. The restrictions of sections 406(a), conditions are met: disclosed in the prospectus or private 406(b) and 407(a) of the Act, and the (1) The acquisition of certificates by a placement memorandum; and (2) in the taxes imposed by section 4975(a) and (b) plan is on terms (including the case of a private placement of of the Code by reason of section 4975(c) certificate price) that are at least as certificates, the trustee obtains a of the Code, shall not apply to favorable to the plan as they would be representation from each initial transactions in connection with the in an arm’s-length transaction with an purchaser which is a plan that it is in servicing, management and operation of unrelated party; compliance with such condition, and a trust, provided: (2) The rights and interests evidenced obtains a covenant from each initial (1) Such transactions are carried out by the certificates are not subordinated purchaser to the effect that, so long as in accordance with the terms of a to the rights and interests evidenced by such initial purchaser (or any transferee binding pooling and servicing other certificates of the same trust; of such initial purchaser’s certificates) is (3) The certificates acquired by the arrangement; and required to obtain from its transferee a plan have received a rating at the time (2) The pooling and servicing representation regarding compliance of such acquisition that is in one of the agreement is provided to, or described with the Securities Act of 1933, any three highest generic rating categories in all material respects in the prospectus such transferees will be required to from either Standard & Poor’s or private placement memorandum make a written representation regarding Corporation (S&P’s), Moody’s Investors provided to, investing plans before they compliance with the condition set forth Service, Inc. (Moody’s), Duff & Phelps purchase certificates issued by the in subsection II.A.(6) above. trust.6 Inc. (D & P) or Fitch Investors Service, Notwithstanding the foregoing, Inc. (Fitch); III. Definitions section I.C. does not provide an (4) The trustee is not an affiliate of For purposes of this exemption: exemption from the restrictions of any member of the Restricted Group. A. ‘‘Certificate’’ means: section 406(b) of the Act or from the However, the trustee shall not be (1) A certificate— taxes imposed by reason of section considered to be an affiliate of a servicer (a) That represents a beneficial 4975(c) of the Code for the receipt of a solely because the trustee has succeeded ownership interest in the assets of a fee by a servicer of the trust from a to the rights and responsibilities of the trust; and person other than the trustee or sponsor, servicer pursuant to the terms of a (b) That entitles the holder to pass- unless such fee constitutes a ‘‘qualified pooling and servicing agreement through payments of principal, interest, administrative fee’’ as defined in section providing for such succession upon the and/or other payments made with III.S. occurrence of one or more events of respect to the assets of such trust; or D. The restrictions of sections 406(a) default by the servicer; (2) A certificate denominated as a and 407(a) of the Act, and the taxes (5) The sum of all payments made to debt instrument— imposed by sections 4975(a) and (b) of and retained by the underwriters in (a) That represents an interest in a the Code by reason of sections connection with the distribution or Real Estate Mortgage Investment 4975(c)(1)(A) through (D) of the Code, placement of certificates represents not Conduit (REMIC) within the meaning of shall not apply to any transactions to more than reasonable compensation for section 860D(a) of the Internal Revenue which those restrictions or taxes would underwriting or placing the certificates; Code of 1986; and the sum of all payments made to and (b) That is issued by and is an 5 For purposes of this exemption, each plan retained by the sponsor pursuant to the obligation of a trust; with respect to participating in a commingled fund (such as a bank assignment of obligations (or interests certificates defined in (1) and (2) above collective trust fund or insurance company pooled therein) to the trust represents not more for which First Union is either (i) the separate account) shall be considered to own the than the fair market value of such same proportionate undivided interest in each asset sole underwriter or the manager or co- of the commingled fund as its proportionate interest obligations (or interests); and the sum of manager of the underwriting syndicate, in the total assets of the commingled fund as all payments made to and retained by or (ii) a selling or placement agent. calculated on the most recent preceding valuation the servicer represents not more than For purposes of this exemption, date of the fund. reasonable compensation for the references to ‘‘certificates representing 6 In the case of a private placement memorandum, such memorandum must contain substantially the servicer’s services under the pooling an interest in a trust’’ include same information that would be disclosed in a and servicing agreement and certificates denominated as debt which prospectus if the offering of the certificates were reimbursement of the servicer’s are issued by a trust. made in a registered public offering under the reasonable expenses in connection B. ‘‘Trust’’ means an investment pool, Securities Act of 1933. In the Department’s view, the private placement memorandum must contain therewith; and the corpus of which is held in trust and sufficient information to permit plan fiduciaries to (6) The plan investing in such consists solely of: make informed investment decisions. certificates is an ‘‘accredited investor’’ (1) Either— Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5579

(a) Secured consumer receivables that (2) Any person directly or indirectly, the trust constituting more than 5 bear interest or are purchased at a through one or more intermediaries, percent of the aggregate unamortized discount (including, but not limited to, controlling, controlled by or under principal balance of the assets in the home equity loans and obligations common control with First Union; or trust, determined on the date of the secured by shares issued by a (3) Any member of an underwriting initial issuance of certificates by the cooperative housing association); syndicate or selling group of which First trust; or (b) Secured credit instruments that Union or a person described in (2) is a (7) Any affiliate of a person described bear interest or are purchased at a manager or co-manager with respect to in (1)–(6) above. discount in transactions by or between the certificates. M. ‘‘Affiliate’’ of another person business entities (including, but not D. ‘‘Sponsor’’ means the entity that includes: limited to, qualified equipment notes organizes a trust by depositing (1) Any person directly or indirectly, secured by leases, as defined in section obligations therein in exchange for through one or more intermediaries, III.T); certificates. controlling, controlled by, or under (c) Obligations that bear interest or are E. ‘‘Master Servicer’’ means the entity common control with such other purchased at a discount and which are that is a party to the pooling and person; secured by single-family residential, servicing agreement relating to trust (2) Any officer, director, partner, multi-family residential and commercial assets and is fully responsible for employee, relative (as defined in section real property (including obligations servicing, directly or through 3(15) of the Act), a brother, a sister, or secured by leasehold interests on subservicers, the assets of the trust. a spouse of a brother or sister of such commercial real property); F. ‘‘Subservicer’’ means an entity other person; and (d) Obligations that bear interest or which, under the supervision of and on (3) Any corporation or partnership of are purchased at a discount and which behalf of the master servicer, services which such other person is an officer, are secured by motor vehicles or loans contained in the trust, but is not director or partner. equipment, or qualified motor vehicle a party to the pooling and servicing N. ‘‘Control’’ means the power to leases (as defined in section III.U); agreement. exercise a controlling influence over the (e) ‘‘Guaranteed governmental G. ‘‘Servicer’’ means any entity which management or policies of a person mortgage pool certificates,’’ as defined services loans contained in the trust, other than an individual. in 29 CFR 2510.3–101(i)(2); including the master servicer and any O. A person will be ‘‘independent’’ of (f) Fractional undivided interests in subservicer. another person only if: any of the obligations described in H. ‘‘Trustee’’ means the trustee of the (1) Such person is not an affiliate of clauses (a)-(e) of this section B.(1); trust, and in the case of certificates that other person; and (2) Property which had secured any of which are denominated as debt (2) The other person, or an affiliate the obligations described in subsection instruments, also means the trustee of thereof, is not a fiduciary who has B.(1); the indenture trust. investment management authority or I. ‘‘Insurer’’ means the insurer or (3) Undistributed cash or temporary renders investment advice with respect guarantor of, or provider of other credit investments made therewith maturing to any assets of such person. support for, a trust. Notwithstanding the no later than the next date on which P. ‘‘Sale’’ includes the entrance into a foregoing, a person is not an insurer distributions are to be made to forward delivery commitment (as solely because it holds securities certificateholders; and defined in section Q below), provided: representing an interest in a trust which (4) Rights of the trustee under the (1) The terms of the forward delivery are of a class subordinated to certificates pooling and servicing agreement, and commitment (including any fee paid to representing an interest in the same rights under any insurance policies, the investing plan) are no less favorable third-party guarantees, contracts of trust. J. ‘‘Obligor’’ means any person, other to the plan than they would be in an suretyship and other credit support arm’s length transaction with an arrangements with respect to any than the insurer, that is obligated to make payments with respect to any unrelated party; obligations described in subsection (2) The prospectus or private B.(1). obligation or receivable included in the trust. Where a trust contains qualified placement memorandum is provided to Notwithstanding the foregoing, the term motor vehicle leases or qualified an investing plan prior to the time the ‘‘trust’’ does not include any investment equipment notes secured by leases, plan enters into the forward delivery pool unless: (i) The investment pool ‘‘obligor’’ shall also include any owner commitment; and consists only of assets of the type which of property subject to any lease included (3) At the time of the delivery, all have been included in other investment in the trust, or subject to any lease conditions of this exemption applicable pools, (ii) certificates evidencing securing an obligation included in the to sales are met. interests in such other investment pools trust. Q. ‘‘Forward delivery commitment’’ have been rated in one of the three K. ‘‘Excluded Plan’’ means any plan means a contract for the purchase or highest generic rating categories by with respect to which any member of sale of one or more certificates to be S&P’s, Moody’s, D & P, or Fitch for at the Restricted Group is a ‘‘plan sponsor’’ delivered at an agreed future settlement least one year prior to the plan’s within the meaning of section 3(16)(B) date. The term includes both mandatory acquisition of certificates pursuant to of the Act. contracts (which contemplate obligatory this exemption, and (iii) certificates L. ‘‘Restricted Group’’ with respect to delivery and acceptance of the evidencing interests in such other a class of certificates means: certificates) and optional contracts investment pools have been purchased (1) Each underwriter; (which give one party the right but not by investors other than plans for at least (2) Each insurer; the obligation to deliver certificates to, one year prior to the plan’s acquisition (3) The sponsor; or demand delivery of certificates from, of certificates pursuant to this (4) The trustee; the other party). exemption. (5) Each servicer; R. ‘‘Reasonable compensation’’ has C. ‘‘Underwriter’’ means: (6) Any obligor with respect to the same meaning as that term is (1) First Union; obligations or receivables included in defined in 29 CFR 2550.408c–2. 5580 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

S. ‘‘Qualified Administrative Fee’’ financial services, including mortgage percentage of its gross revenues from means a fee which meets the following banking, home equity lending, leasing, such activities. In addition, each of First criteria: investment banking, insurance and Union’s national bank association (1) The fee is triggered by an act or securities brokerage services, through subsidiaries has the power to failure to act by the obligor other than other subsidiaries. First Union Capital underwrite asset-backed securities the normal timely payment of amounts Markets Corp. (CMC), formerly First representing interests in assets owing in respect of the obligations; Union Securities, Inc., is a wholly- originated or acquired by such national (2) The servicer may not charge the owned subsidiary of First Union and a bank association subsidiary. fee absent the act or failure to act broker-dealer registered with the Trust Assets referred to in (1); Securities and Exchange Commission.8 (3) The ability to charge the fee, the Through its subsidiaries and affiliates 12. First Union seeks exemptive relief circumstances in which the fee may be (including CMC), First Union is a to permit plans to invest in pass-through charged, and an explanation of how the financial services organization servicing certificates representing undivided fee is calculated are set forth in the the financial needs of individuals, interests in the following categories of pooling and servicing agreement; and businesses, governments and financial trusts: (1) Single and multi-family (4) The amount paid to investors in institutions. As to the capital markets, residential or commercial mortgage the trust will not be reduced by the CMC and certain of its bank affiliates, investment trusts; 9 (2) motor vehicle amount of any such fee waived by the principally First Union National Bank of receivable investment trusts; (3) servicer. North Carolina, engage in a variety of consumer or commercial receivables T. ‘‘Qualified Equipment Note activities that facilitate the flow of investment trusts; and (4) guaranteed Secured By A Lease’’ means an capital from investors to CMC’s and governmental mortgage pool certificate equipment note: such Bank’s middle market customers. investment trusts.10 (1) Which is secured by equipment In particular, CMC engages in securities 3. Commercial mortgage investment which is leased; transactions as both principal and agent trusts may include mortgages on ground (2) Which is secured by the obligation leases of real property. Commercial mort of the lessee to pay rent under the and provides underwriting, research and other financial services. CMC is gages are frequently secured by ground equipment lease; and leases on the underlying property, (3) With respect to which the trust’s actively involved in the issuance and trading of high yield corporate debt, rather than by fee simple interests. The security interest in the equipment is at separation of the fee simple interest and least as protective of the rights of the investment grade fixed-income securities (including mortgage and the ground lease interest is generally trust as would be the case if the done for tax reasons. Properly equipment note were secured only by asset-backed securities), U.S. government securities and municipal structured, the pledge of the ground the equipment and not the lease. lease to secure a mortgage provides a U. ‘‘Qualified Motor Vehicle Lease’’ securities. First Union represents that CMC has lender with the same level of security as means a lease of a motor vehicle where: would be provided by a pledge of the (1) The trust holds a security interest the legal authority to underwrite asset- related fee simple interest. The terms of in the lease; backed securities. By order dated July the ground leases pledged to secure (2) The trust holds a security interest 31, 1989, the Board of Governors of the leasehold mortgages will in all cases be in the leased motor vehicle; and Federal Reserve (the Board) granted CMC the power to underwrite and deal at least ten years longer than the term (3) The trust’s security interest in the 11 leased motor vehicle is at least as in residential mortgage-related and of such mortgages. protective of the trust’s rights as would consumer-receivable related securities. 9 The Department notes that PTE 83–1 [48 FR 895, be the case if the trust consisted of By order dated May 30, 1995, the Board January 7, 1983], a class exemption for mortgage motor vehicle installment loan granted CMC the power to underwrite pool investment trusts, would generally apply to contracts. and deal in all types of debt securities, trusts containing single-family residential V. ‘‘Pooling and Servicing including securities issued by a trust, mortgages, provided that the applicable conditions of PTE 83-l are met. First Union requests relief for Agreement’’ means the agreement or partnership or limited liability company single-family residential mortgages in this agreements among a sponsor, a servicer or other vehicle secured by or exemption because it would prefer one exemption and the trustee establishing a trust. In representing interests in debt for all trusts of similar structure. However, First the case of certificates which are Union has stated that it may still avail itself of the obligations (such as asset-backed exemptive relief provided by PTE 83–1. denominated as debt instruments, securities not covered by the July 31, 10 Guaranteed governmental mortgage pool ‘‘Pooling and Servicing Agreement’’ also 1989 order). In each case, CMC’s power certificates are mortgage-backed securities with includes the indenture entered into by to so underwrite and deal is subject to respect to which interest and principal payable is the trustee of the trust issuing such guaranteed by the Government National Mortgage a framework of structural and operating Association (GNMA), the Federal Home Loan certificates and the indenture trustee. limitations set forth in the applicable Mortgage Corporation (FHLMC), or the Federal National Mortgage Association (FNMA). The Summary of Facts and Representations order, including a condition that it does not derive more than a certain Department’s regulation relating to the definition of 1. First Union is a North Carolina- plan assets (29 CFR 2510.3–101(i)) provides that where a plan acquires a guaranteed governmental based, multi-bank holding company Capital Markets Corp., the direct and indirect mortgage pool certificate, the plan’s assets include registered under the Bank Holding national bank association subsidiaries of First the certificate and all of its rights with respect to Company Act of 1956, as amended, and Union Corporation, and their respective such certificate under applicable law, but do not, the rules and regulations thereunder. subsidiaries and affiliates, except where the context solely by reason of the plan’s holding of such otherwise requires. certificate, include any of the mortgages underlying First Union was incorporated on 8 There are two other SEC-registered broker- such certificate. The applicant is requesting December 22, 1967. First Union dealers in the First Union family: First Union exemptive relief for trusts containing guaranteed provides a wide range of commercial Brokerage Services, Inc., a North Carolina governmental mortgage pool certificates because the and retail banking and trust services. corporation (FUBS), and Lieber & Co., a New York certificates in the trusts may be plan assets. 11 7 general partnership (Lieber). Neither FUBS nor Trust assets may also include obligations that First Union also provides various other Lieber currently engages, nor is it currently are secured by leasehold interests on residential contemplated that either will engage, in the real property. See PTE 90–32 involving Prudential- 7 For purposes of this exemption, ‘‘First Union’’ underwriting or private placement of asset- or Bache Securities, Inc. (55 FR 23147, June 6, 1990 shall include First Union Corporation, First Union mortgage-backed securities. at 23150). Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5581

Trust Structure Furthermore, in those cases where distributed, all senior certificateholders 4. Each trust is established under a distributions are made semi-annually, then entitled to receive distributions pooling and servicing agreement the servicer will furnish a report on the will share in the amount distributed on 13 between a sponsor, a servicer and a operation of the trust to the trustee on a pro rata basis. 6. For tax reasons, the trust must be trustee. The sponsor or servicer of a a monthly basis. At or about the time maintained as an essentially passive trust selects assets to be included in the this report is delivered to the trustee, it entity. Therefore, both the sponsor’s trust. These assets are receivables which will be made available to discretion and the servicer’s discretion may have been originated by a sponsor certificateholders and delivered to or with respect to assets included in a trust or servicer of the trust, an affiliate of the made available to each rating agency are severely limited. Pooling and sponsor or servicer, or by an unrelated that has rated the certificates. 5. Some of the certificates will be servicing agreements provide for the lender and subsequently acquired by the multi-class certificates. First Union substitution of receivables by the trust sponsor or servicer. requests exemptive relief for two types sponsor only in the event of defects in On or prior to the closing date, the of multi-class certificates: ‘‘strip’’ documentation discovered within a sponsor acquires legal title to all assets certificates and ‘‘fast-pay/slow-pay’’ short time after the issuance of trust selected for the trust, establishes the certificates. Strip certificates are a type certificates (within 120 days, except in trust and designates an independent of security in which the stream of the case of obligations having an entity as trustee. On the closing date, interest payments on receivables is split original term of 30 years, in which case the sponsor conveys to the trust legal from the flow of principal payments and the period will not exceed two years). title to the assets, and the trustee issues separate classes of certificates are Any receivable so substituted is certificates representing fractional established, each representing rights to required to have characteristics undivided interests in the trust assets. disproportionate payments of principal substantially similar to the replaced First Union, alone or together with other and interest.12 receivable and will be at least as broker-dealers, acts as underwriter or ‘‘Fast-pay/slow-pay’’ certificates creditworthy as the replaced receivable. placement agent with respect to the sale involve the issuance of classes of In some cases, the affected receivable of the certificates. All of the public certificates having different stated would be repurchased, with the offerings of certificates presently maturities or the same maturities with purchase price applied as a payment on contemplated are to be underwritten by different payment schedules. Interest the affected receivable and passed First Union on a firm commitment basis. and/or principal payments received on through to certificateholders. In addition, First Union anticipates that the underlying receivables are Parties to Transactions it may privately place certificates on distributed first to the class of both a firm commitment and an agency certificates having the earliest stated 7. The originator of a receivable is the basis. First Union may also act as the maturity of principal, and/or earlier entity that initially lends money to a lead underwriter for a syndicate of payment schedule, and only when that borrower (obligor), such as a home- securities underwriters. class of certificates has been paid in full owner or automobile purchaser, or Certificateholders will be entitled to (or has received a specified amount) leases property to the lessee. The receive monthly, quarterly or semi- will distributions be made with respect originator may either retain a receivable annual installments of principal and/or to the second class of certificates. in its portfolio or sell it to a purchaser, interest, or lease payments due on the Distributions on certificates having later such as a trust sponsor. receivables, adjusted, in the case of stated maturities will proceed in like Originators of receivables included in payments of interest, to a specified manner until all the certificateholders the trusts will be entities that originate rate—the pass-through rate—which may have been paid in full. The only receivables in the ordinary course of be fixed or variable. difference between this multi-class pass- their business, including finance When installments or payments are through arrangement and a single-class companies for whom such origination made on a semi-annual basis, funds are pass-through arrangement is the order in constitutes the bulk of their operations, not permitted to be commingled with which distributions are made to financial institutions for whom such the servicer’s assets for longer than certificateholders. In each case, origination constitutes a substantial part would be permitted for a monthly-pay certificateholders will have a beneficial of their operations, and any kind of security. A segregated account is ownership interest in the underlying manufacturer, merchant, or service established in the name of the trustee assets. In neither case will the rights of enterprise for whom such origination is (on behalf of certificateholders) to hold a plan purchasing a certificate be an incidental part of its operations. Each funds received between distribution subordinated to the rights of another trust may contain assets of one or more dates. The account is under the sole certificateholder in the event of default originators. The originator of the control of the trustee, who invests the on any of the underlying obligations. In receivables may also function as the account’s assets in short-term securities particular, if the amount available for trust sponsor or servicer. which have received a rating distribution to certificateholders is less 8. The sponsor will be one of three comparable to the rating assigned to the than the amount required to be so entities: (i) A special-purpose certificates. In some cases, the servicer corporation unaffiliated with the may be permitted to make a single 12 It is the Department’s understanding that where servicer, (ii) a special-purpose or other deposit into the account once a month. a plan invests in REMIC ‘‘residual’’ interest corporation affiliated with the servicer, When the servicer makes such monthly certificates to which this exemption applies, some or (iii) the servicer itself. Where the deposits, payments received from of the income received by the plan as a result of sponsor is not also the servicer, the such investment may be considered unrelated obligors by the servicer may be business taxable income to the plan, which is sponsor’s role will generally be limited commingled with the servicer’s assets subject to income tax under the Code. The during the month prior to deposit. Department emphasizes that the prudence 13 If a trust issues subordinated certificates, Usually, the period of time between requirement of section 404(a)(l)(B) of the Act would holders of such subordinated certificates may not require plan fiduciaries to carefully consider this share in the amount distributed on a pro rata basis receipt of funds by the servicer and and other tax consequences prior to causing plan with the senior certificateholders. The Department deposit of these funds in a segregated assets to be invested in certificates pursuant to this notes that the exemption does not provide relief for account does not exceed one month. exemption. plan investment in such subordinated certificates. 5582 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices to acquiring the receivables to be flag’’ will be included in all records receives certificates representing the included in the trust, establishing the relating to the sold receivables, entire beneficial interest in the trust, or trust, designating the trustee, and including the master file, archives, tape the cash proceeds of the sale of such assigning the receivables to the trust. extracts and printouts. certificates. If the sponsor receives 9. The trustee of a trust is the legal The sold flags are invisible to the certificates from the trust, the sponsor owner of the obligations in the trust. obligor and do not affect the manner in sells all or a portion of these certificates The trustee is also a party to or which the servicer performs the billing, for cash to investors or securities beneficiary of all the documents and posting and collection procedures underwriters. instruments deposited in the trust, and related to the sold receivables. However, 12. The price of the certificates, both as such is responsible for enforcing all the servicer uses the sold flag to identify in the initial offering and in the the rights created thereby in favor of the receivables for the purpose of secondary market, is affected by market certificateholders. reporting all activity on those forces, including investor demand, the The trustee will be an independent receivables after their sale to investors. pass-through interest rate on the entity, and therefore will be unrelated to Depending on the type of receivable certificates in relation to the rate First Union, the trust sponsor or the and the details of the servicer’s payable on investments of similar types servicer. First Union represents that the computer system, in some cases the and quality, expectations as to the effect trustee will be a substantial financial servicer’s internal reports can be on yield resulting from prepayment of institution or trust company adapted for investor reporting with little underlying receivables, and experienced in trust activities. The or no modification. In other cases, the expectations as to the likelihood of trustee receives a fee for its services, servicer may have to perform special timely payment. which will be paid by the servicer or calculations to fulfill the investor The pass-through rate for certificates sponsor. The method of compensating reporting responsibilities. These is equal to the interest rate on the trustee which is specified in the calculations can be performed on the receivables included in the trust minus pooling and servicing agreement will be servicer’s main computer, or on a small a specified servicing fee.14 This rate is disclosed in the prospectus or private computer with data supplied by the generally determined by the same placement memorandum relating to the main system. In all cases, the numbers market forces that determine the price of offering of the certificates. produced for the investors are a certificate. The price of a certificate 10. The servicer of a trust administers reconciled to the servicer’s books and and its pass-through, or coupon, rate the receivables on behalf of the reviewed by public accountants. together determine the yield to certificateholders. The servicer’s The underwriter will be a registered investors. If an investor purchases a functions typically involve, among other broker-dealer that acts as underwriter or certificate at less than par, that discount things, notifying borrowers of amounts placement agent with respect to the sale augments the stated pass-through rate; due on receivables, maintaining records of the certificates. Public offerings of conversely, a certificate purchased at a of payments received on receivables and certificates are generally made on a firm premium yields less than the stated instituting foreclosure or similar commitment basis. Private placement of coupon. proceedings in the event of default. In certificates may be made on a firm 13. As compensation for performing cases where a pool of receivables has commitment or agency basis. It is its servicing duties, the servicer (who been purchased from a number of anticipated that the lead and co- may also be the sponsor or an affiliate different originators and deposited in a managing underwriters will make a thereof, and receive fees for acting in trust, the receivables may be market in certificates offered to the that capacity) will retain the difference ‘‘subserviced’’ by their respective public. between payments received on the originators and a single entity may In some cases, the originator and receivables in the trust and payments ‘‘master service’’ the pool of receivables servicer of receivables to be included in payable (at the pass-through rate) to on behalf of the owners of the related a trust and the sponsor of the trust certificateholders, except that in some series of certificates. Where this (although they may themselves be cases a portion of the payments on arrangement is adopted, a receivable related) will be unrelated to First Union. receivables may be paid to a third party, continues to be serviced from the In some cases the underwriter will be such as a fee paid to a provider of credit perspective of the borrower by the local unrelated to First Union. In other cases, support. The servicer may receive subservicer, while the investor’s however, First Union may originate or additional compensation by having the perspective is that the entire pool of service receivables included in a trust, use of the amounts paid on the receivables is serviced by a single, or may sponsor a trust. receivables between the time they are central master servicer who collects received by the servicer and the time payments from the local subservicers Certificate Price, Pass-Through Rate and they are due to the trust (which time is and passes them through to Fees set forth in the pooling and servicing certificateholders. 11. In some cases, the sponsor will agreement). The servicer typically will Receivables of the type suitable for obtain the receivables from various be required to pay the administrative inclusion in a trust invariably are originators pursuant to existing expenses of servicing the trust, serviced with the assistance of a contracts with such originators under including in some cases the trustee’s computer. After the sale, the servicer which the sponsor continually buys fee, out of its servicing compensation. keeps the sold receivables on the receivables. In other cases, the sponsor The servicer is also compensated to computer system in order to continue will purchase the receivables at fair the extent it may provide credit monitoring the accounts. Although the market value from the originator or a enhancement to the trust or otherwise records relating to sold receivables are third party pursuant to a purchase and arrange to obtain credit support from kept in the same master file as sale agreement related to the specific another party. This ‘‘credit support fee’’ receivables retained by the originator, offering of certificates. In other cases, the sold receivables are flagged as the sponsor will originate the 14 The pass-through rate on certificates having been sold. To protect the representing interests in trusts holding leases is receivables itself. determined by breaking down lease payments into investor’s interest, the servicer As compensation for the receivables ‘‘principal’’ and ‘‘interest’’ components based on an ordinarily covenants that this ‘‘sold transferred to the trust, the sponsor implicit interest rate. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5583 may be aggregated with other servicing which the certificates are sold to the amounts otherwise distributable to fees, and is either paid out of the public and what it pays the sponsor. In holders of subordinated certificates, and interest income received on the some private placements, the the master servicer will advance such receivables in excess of the pass-through underwriter may buy certificates as funds in a timely manner. When the rate or paid in a lump sum at the time principal, in which case its servicer is the provider of the credit the trust is established. compensation would be the difference support and provides its own funds to 14. The servicer may be entitled to between what it receives for the cover defaulted payments, it will do so retain certain administrative fees paid certificates that it sells and what it pays either on the initiative of the trustee, or by a third party, usually the obligor. the sponsor for these certificates. on its own initiative on behalf of the These administrative fees fall into three trustee, but in either event it will Purchase of Receivables by the Servicer categories: (a) prepayment fees; (b) late provide such funds to cover payments payment and payment extension fees; 17. The applicant represents that as to the full extent of its obligations under and (c) expenses, fees and charges the principal amount of the receivables the credit support mechanism. In some associated with foreclosure or in a trust is reduced by payments, the cases, however, the master servicer may repossession, or other conversion of a cost of administering the trust generally not be obligated to advance funds but secured position into cash proceeds, increases, making the servicing of the instead would be called upon to provide upon default of an obligation. trust prohibitively expensive at some funds to cover defaulted payments to Compensation payable to the servicer point. Consequently, the pooling and the full extent of its obligations as will be set forth or referred to in the servicing agreement generally provides insurer. Moreover, a master servicer pooling and servicing agreement and that the servicer may purchase the typically can recover advances either described in reasonable detail in the receivables remaining in the trust when from the provider of credit support or prospectus or private placement the aggregate unpaid balance payable on from future payments on the affected memorandum relating to the certificates. the receivables is reduced to a specified assets. 15. Payments on receivables may be percentage (usually 5 to 10 percent) of If the master servicer fails to advance made by obligors to the servicer at the initial aggregate unpaid balance. funds, fails to call upon the credit various times during the period The purchase price of a receivable is support mechanism to provide funds to preceding any date on which pass- specified in the pooling and servicing cover delinquent payments, or through payments to the trust are due. agreement and will be at least equal to: otherwise fails in its duties, the trustee In some cases, the pooling and servicing (1) The unpaid principal balance on the would be required and would be able to agreement may permit the servicer to receivable plus accrued interest, less enforce the certificateholders’ rights, as place these payments in non-interest any unreimbursed advances of principal both a party to the pooling and servicing bearing accounts maintained with itself made by the servicer; or (2) the greater agreement and the owner of the trust or to commingle such payments with its of (a) the amount in (1) or (b) the fair estate, including rights under the credit own funds prior to the distribution market value of such obligations in the support mechanism. Therefore, the dates. In these cases, the servicer would case of a REMIC, or the fair market value trustee, who is independent of the be entitled to the benefit derived from of the receivables in the case of a trust servicer, will have the ultimate right to the use of the funds between the date of that is not a REMIC. enforce the credit support arrangement. payment on a receivable and the pass- When a master servicer advances through date. Commingled payments Certificate Ratings funds, the amount so advanced is may not be protected from the creditors 18. The certificates will have received recoverable by the master servicer out of of the servicer in the event of the one of the three highest ratings available future payments on receivables held by servicer’s bankruptcy or receivership. In from either S&P’s, Moody’s, D&P or the trust to the extent not covered by those instances when payments on Fitch. Insurance or other credit support credit support. However, where the receivables are held in non-interest (such as surety bonds, letters of credit, master servicer provides credit support bearing accounts or are commingled guarantees, or the creation of a class of to the trust, there are protections in with the servicer’s own funds, the certificates with subordinated cash place to guard against a delay in calling servicer is required to deposit these flow) will be obtained by the trust upon the credit support to take payments by a date specified in the sponsor to the extent necessary for the advantage of the fact that the credit pooling and servicing agreement into an certificates to attain the desired rating. support declines proportionally with account from which the trustee makes The amount of this credit support is set the decrease in the principal amount of payments to certificateholders. by the rating agencies at a level that is the obligations in the trust as payments 16. The underwriter will receive a fee a multiple of the worst historical net on receivables are passed through to in connection with the securities credit loss experience for the type of investors. These safeguards include: underwriting or private placement of obligations included in the issuing trust. (a) There is often a disincentive to certificates. In a firm commitment postponing credit losses because the underwriting, this fee would consist of Provision of Credit Support sooner repossession or foreclosure the difference between what the 19. In some cases, the master servicer, activities are commenced, the more underwriter receives for the certificates or an affiliate of the master servicer, value that can be realized on the that it distributes and what it pays the may provide credit support to the trust security for the obligation; sponsor for those certificates. In a (i.e. act as an insurer). In these cases, the (b) The master servicer has servicing private placement, the fee normally master servicer, in its capacity as guidelines which include a general takes the form of an agency commission servicer, will first advance funds to the policy as to the allowable delinquency paid by the sponsor. In a best efforts full extent that it determines that such period after which an obligation underwriting in which the underwriter advances will be recoverable (a) out of ordinarily will be deemed uncollectible. would sell certificates in a public late payments by the obligors, (b) from The pooling and servicing agreement offering on an agency basis, the the credit support provider (which may will require the master servicer to underwriter would receive an agency be the master servicer or an affiliate follow its normal servicing guidelines commission rather than a fee based on thereof) or, (c) in the case of a trust that and will set forth the master servicer’s the difference between the price at issues subordinated certificates, from general policy as to the period of time 5584 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices after which delinquent obligations (a) Information concerning the public offering, the trustee, the servicer ordinarily will be considered payment terms of the certificates, the or the sponsor will file such periodic uncollectible; rating of the certificates, and any reports as may be required to be filed (c) As frequently as payments are due material risk factors with respect to the under the Securities Exchange Act of on the receivables included in the trust certificates; 1934. Although some trusts that offer (monthly, quarterly or semi-annually, as (b) A description of the trust as a legal certificates in a public offering will file set forth in the pooling and servicing entity and a description of how the trust quarterly reports on Form 10–Q and agreement), the master servicer is was formed by the seller/servicer or Annual Reports on Form 10–K, many required to report to the independent other sponsor of the transaction; trusts obtain, by application to the trustee the amount of all past-due (c) Identification of the independent Securities and Exchange Commission, a payments and the amount of all servicer trustee for the trust; complete exemption from the advances, along with other current (d) A description of the receivables requirement to file quarterly reports on information as to collections on the contained in the trust, including the Form 10–Q and a modification of the receivables and draws upon the credit types of receivables, the diversification disclosure requirements for annual support. Further, the master servicer is of the receivables, their principal terms, reports on Form 10–K. If such an required to deliver to the trustee and their material legal aspects; exemption is obtained, these trusts annually a certificate of an executive (e) A description of the sponsor and normally would continue to have the officer of the master servicer stating that servicer; obligation to file current reports on a review of the servicing activities has (f) A description of the pooling and Form 8–K to report material been made under such officer’s servicing agreement, including a developments concerning the trust and supervision, and either stating that the description of the seller’s principal the certificates. While the Securities and master servicer has fulfilled all of its representations and warranties as to the Exchange Commission’s interpretation obligations under the pooling and trust assets and the trustee’s remedy for of the periodic reporting requirements is servicing agreement or, if the master any breach thereof; a description of the subject to change, periodic reports servicer has defaulted under any of its procedures for collection of payments concerning a trust will be filed to the obligations, specifying any such default. on receivables and for making extent required under the Securities The master servicer’s reports are distributions to investors, and a Exchange Act of 1934. reviewed at least annually by description of the accounts into which 23. At or about the time distributions independent accountants to ensure that such payments are deposited and from are made to certificateholders, a report the master servicer is following its which such distributions are made; will be delivered to the trustee as to the normal servicing standards and that the identification of the servicing status of the trust and its assets, master servicer’s reports conform to the compensation and any fees for credit including underlying obligations. Such master servicer’s internal accounting enhancement that are deducted from report will typically contain information records. The results of the independent payments on receivables before regarding the trust’s assets, payments accountants’ review are delivered to the distributions are made to investors; a received or collected by the servicer, the trustee; and description of periodic statements amount of prepayments, delinquencies, (d) The credit support has a ‘‘floor’’ provided to the trustee, and provided to servicer advances, defaults and dollar amount that protects investors or made available to investors by the foreclosures, the amount of any against the possibility that a large trustee; and a description of the events payments made pursuant to any credit number of credit losses might occur that constitute events of default under support, and the amount of towards the end of the life of the trust, the pooling and servicing contract and compensation payable to the servicer. whether due to servicer advances or any a description of the trustee’s and the Such report also will be delivered to or other cause. Once the floor amount has investors’ remedies incident thereto; made available to the rating agency or been reached, the servicer lacks an (g) A description of the credit support; agencies that have rated the trust’s incentive to postpone the recognition of (h) A general discussion of the certificates. credit losses because the credit support principal federal income tax In addition, promptly after each amount thereafter is subject to reduction consequences of the purchase, distribution date, certificateholders will only for actual draws. From the time ownership and disposition of the pass- receive a statement prepared by the that the floor amount is effective until through securities by a typical investor; servicer, paying agent or trustee the end of the life of the trust, there are (i) A description of the underwriters’ summarizing information regarding the no proportionate reductions in the plan for distributing the pass-through trust and its assets. Such statement will credit support amount caused by securities to investors; and include information regarding the trust reductions in the pool principal (j) Information about the scope and and its assets, including underlying balance. Indeed, since the floor is a nature of the secondary market, if any, receivables. Such statement will fixed dollar amount, the amount of for the certificates. typically contain information regarding credit support ordinarily increases as a 21. Reports indicating the amount of payments and prepayments, percentage of the pool principal balance payments of principal and interest are delinquencies, the remaining amount of during the period that the floor is in provided to certificateholders at least as the guaranty or other credit support and effect. frequently as distributions are made to a breakdown of payments between certificateholders. Certificateholders principal and interest. Disclosure will also be provided with periodic 20. In connection with the original information statements setting forth Forward Delivery Commitments issuance of certificates, the prospectus material information concerning the 24. To date, no forward delivery or private placement memorandum will underlying assets, including, where commitments have been entered into by be furnished to investing plans. The applicable, information as to the amount First Union in connection with the prospectus or private placement and number of delinquent and defaulted offering of any certificates, but First memorandum will contain information loans or receivables. Union may contemplate entering into material to a fiduciary’s decision to 22. In the case of a trust that offers such commitments. The utility of invest in the certificates, including: and sells certificates in a registered forward delivery commitments has been Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5585 recognized with respect to offering certificates, provided that the conditions Moody’s, D&P and Fitch, the similar certificates backed by pools of set forth in the exemption are met. PTE Department has decided to condition residential mortgages, and First Union 83–1 also provides exemptive relief exemptive relief upon the certificates may find it desirable in the future to from section 406(b)(1) and (b)(2) of the having attained a rating in one of the enter into such commitments for the Act for the above-described transactions three highest generic rating categories purchase of certificates. when the sponsor, trustee or insurer of from S&P’s, Moody’s, D&P or Fitch. The the trust is a fiduciary with respect to Department believes that the rating Secondary Market Transactions the plan assets invested in such condition will permit the applicant 25. It is First Union’s normal policy certificates, provided that additional flexibility in structuring trusts to attempt to make a market for conditions set forth in the exemption containing a variety of mortgages and securities for which it is lead or co- are met. In particular, section 406(b) other receivables while ensuring that managing underwriter. First Union relief is conditioned upon the approval the interests of plans investing in anticipates that it will make a market in of the transaction by an independent certificates are protected. The certificates. fiduciary. Moreover, the total value of Department also believes that the ratings certificates purchased by a plan must are indicative of the relative safety of Summary not exceed 25 percent of the amount of investments in trusts containing secured 26. In summary, the applicant the issue, and at least 50 percent of the receivables. The Department is represents that the transactions for aggregate amount of the issue must be conditioning the proposed exemptive which exemptive relief is requested acquired by persons independent of the relief upon each particular type of asset- satisfy the statutory criteria of section trust sponsor, trustee or insurer. Finally, backed security having been rated in 408(a) of the Act due to the following: PTE 83-1 provides conditional one of the three highest rating categories (a) The trusts contain ‘‘fixed pools’’ of exemptive relief from section 406 (a) for at least one year and having been assets. There is little discretion on the and (b) of the Act for transactions in sold to investors other than plans for at part of the trust sponsor to substitute connection with the servicing and least one year.15 receivables contained in the trust once operation of the mortgage trust. Under PTE 83–1, exemptive relief for III. Limited Section 406(b) and Section the trust has been formed; 407(a) Relief for Sales (b) Certificates in which plans invest the above transactions is conditioned will have been rated in one of the three upon the sponsor and the trustee of the First Union represents that in some highest rating categories by S&P’s, mortgage trust maintaining a system for cases a trust sponsor, trustee, servicer, Moody’s, D&P or Fitch. Credit support insuring or otherwise protecting the insurer, and obligor with respect to will be obtained to the extent necessary pooled mortgage loans and the property receivables contained in a trust, or an to attain the desired rating; securing such loans, and for underwriter of certificates may be a pre- (c) All transactions for which First indemnifying certificateholders against existing party in interest with respect to 16 Union seeks exemptive relief will be reductions in pass-through payments an investing plan. In these cases, a governed by the pooling and servicing due to defaults in loan payments or direct or indirect sale of certificates by agreement, which is made available to property damage. This system must that party in interest to the plan would plan fiduciaries for their review prior to provide such protection and be a prohibited sale or exchange of the plan’s investment in certificates; indemnification up to an amount not property under section 406(a)(1)(A) of 17 (d) Exemptive relief from sections less than the greater of one percent of the Act. Likewise, issues are raised 406(b) and 407 for sales to plans is the aggregate principal balance of all under section 406(a)(1)(D) of the Act substantially limited; and trust mortgages or the principal balance where a plan fiduciary causes a plan to (e) First Union anticipates that it will of the largest mortgage. 15 make a secondary market in certificates. The exemptive relief proposed herein In referring to different ‘‘types’’ of asset-backed differs from that provided by PTE 83– securities, the Department means certificates Discussion of Proposed Exemption representing interests in trusts containing different 1 in the following major respects: (1) ‘‘types’’ of receivables, such as single family I. Differences between Proposed The proposed exemption provides residential mortgages, multi-family residential Exemption and Class Exemption PTE individual exemptive relief rather than mortgages, commercial mortgages, home equity class relief; (2) The proposed exemption loans, auto loan receivables, installment obligations 83–1 for consumer durables secured by purchase money covers transactions involving trusts security interests, etc. The Department intends this The exemptive relief proposed herein containing a broader range of assets than condition to require that certificates in which a plan is similar to that provided in PTE 81– single-family residential mortgages; (3) invests are of the type that have been rated (in one 7 [46 FR 7520, January 23, 1981], Class Instead of requiring a system for of the three highest generic rating categories by Exemption for Certain Transactions S&P’s, D&P, Fitch or Moody’s) and purchased by insuring the pooled receivables, the investors other than plans for at least one year prior Involving Mortgage Pool Investment proposed exemption conditions relief to the plan’s investment pursuant to the proposed Trusts, amended and restated as PTE upon the certificates having received exemption. In this regard, the Department does not 83–1 [48 FR 895, January 7, 1983]. one of the three highest ratings available intend to require that the particular assets PTE 83–1 applies to mortgage pool contained in a trust must have been ‘‘seasoned’’ from S&P’s, Moody’s, D&P or Fitch (e.g., originated at least one year prior to the plan’s investment trusts consisting of interest- (insurance or other credit support investment in the trust). bearing obligations secured by first or would be obtained only to the extent 16 In this regard, we note that the exemptive relief second mortgages or deeds of trust on necessary for the certificates to attain proposed herein is limited to certificates with single-family residential property. The the desired rating); and (4) The respect to which First Union or any of its affiliates exemption provides relief from sections is either (a) the sole underwriter or manager or co- proposed exemption provides more manager of the underwriting syndicate, or (b) a 406(a) and 407 for the sale, exchange or limited section 406(b) and section 407 selling or placement agent. transfer in the initial issuance of relief for sales transactions. 17 The applicant represents that where a trust mortgage pool certificates between the sponsor is an affiliate of First Union, sales to plans trust sponsor and a plan, when the II. Ratings of Certificates by the sponsor may be exempt under PTE 75–1, Part II (relating to purchases and sales of securities by sponsor, trustee or insurer of the trust is After consideration of the broker-dealers and their affiliates), if First Union is a party-in-interest with respect to the representations of the applicant and not a fiduciary with respect to plan assets to be plan, and the continued holding of such information provided by S&P’s, invested in certificates. 5586 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices purchase certificates where trust funds prudent fashion in accordance with requested an exclusive license to will be used to benefit a party in section 404(a)(1)(b) of the Act; nor does practice the inventions disclosed in interest. it affect the requirement of section NASA Case No. LAR–15,437–P, entitled Additionally, First Union represents 401(a) of the Code that the plan must ‘‘A FIRE RESISTANT, MOISTURE that a trust sponsor, servicer, trustee, operate for the exclusive benefit of the BARRIER MEMBRANE,’’ for which U.S. insurer, and obligor with respect to employees of the employer maintaining Patent Application No. 60/008,765, was receivables contained in a trust, or an the plan and their beneficiaries; filed on December 15, 1995; NASA Case underwriter of certificates representing (2) Before an exemption may be No. LAR–15,020–1, entitled ‘‘DIRECT an interest in a trust may be a fiduciary granted under section 408(a) of the Act PROCESS FOR PREPARING SEMI- with respect to an investing plan. First and/or section 4975(c)(2) of the Code, CRYSTALLINE POLYIMIDES,’’ for Union represents that the exercise of the Department must find that the which U.S. Patent No. 5,464,928, was fiduciary authority by any of these exemption is administratively feasible, issued on November 7, 1995; and NASA parties to cause the plan to invest in in the interests of the plan and of its Case No. LAR–14,163–1, entitled certificates representing an interest in participants and beneficiaries and ‘‘NOVEL POLYIMIDE MOLDING the trust would violate section 406(b)(1), protective of the rights of participants POWDER, COATING, ADHESIVE AND and in some cases section 406(b)(2), of and beneficiaries of the plan; MATRIX RESIN,’’ for which U.S. Patent the Act. (3) The proposed exemptions, if No. 5,147,966, was issued on September Moreover, First Union represents that granted, will be supplemental to, and 15, 1992, to the United States of to the extent there is a plan asset ‘‘look not in derogation of, any other America as represented by the through’’ to the underlying assets of a provisions of the Act and/or the Code, Administrator of the National trust, the investment in certificates by a including statutory or administrative Aeronautics and Space Administration. plan covering employees of an obligor exemptions and transitional rules. Written objections to the prospective under receivables contained in a trust Furthermore, the fact that a transaction grant of a license should be sent to Mr. may be prohibited by sections 406(a) is subject to an administrative or George F. Helfrich, Patent Counsel, and 407(a) of the Act. statutory exemption is not dispositive of NASA Langley Research Center. After consideration of the issues whether the transaction is in fact a DATES: Responses to this Notice must be involved, the Department has prohibited transaction; and received by April 15, 1996. determined to provide the limited (4) The proposed exemptions, if FOR FURTHER INFORMATION CONTACT: Mr. sections 406(b) and 407(a) relief as granted, will be subject to the express George F. Helfrich, Patent Counsel, specified in the proposed exemption. condition that the material facts and NASA Langley Research Center, Mail NOTICE TO INTERESTED PERSONS: The representations contained in each Code 212, Hampton, VA 23681–0001; applicant represents that because those application are true and complete and telephone (804) 864–3521. potentially interested participants and accurately describe all material terms of beneficiaries cannot all be identified, the transaction which is the subject of Dated: April 1, 1996. the only practical means of notifying the exemption. In the case of continuing Edward A. Frankle, such participants and beneficiaries of exemption transactions, if any of the General Counsel. this proposed exemption is by the material facts or representations [FR Doc. 96–3154 Filed 2–12–96; 8:45 am] publication of this notice in the Federal described in the application change BILLING CODE 7510±01±M Register. Comments and requests for a after the exemption is granted, the hearing must be received by the exemption will cease to apply as of the Department not later than 30 days from date of such change. In the event of any [Notice 96±012] the date of publication of this notice of such change, application for a new proposed exemption in the Federal exemption may be made to the Notice of Prospective Patent License Register. Department. AGENCY: National Aeronautics and FOR FURTHER INFORMATION CONTACT: Gary Signed at Washington, DC, this 2nd day of Space Administration. Lefkowitz of the Department, telephone February, 1996. SUMMARY: NASA hereby gives notice (202) 219–8881. (This is not a toll-free Ivan Strasfeld, that Vannevar New Media, Inc., of number.) Director of Exemption Determinations, Houston, Texas 77058 has requested an Pension and Welfare Benefits Administration, General Information Department of Labor. exclusive license to practice the invention protected by U.S. Patent No. The attention of interested persons is [FR Doc. 96–3117 Filed 2–12–96; 8:45 am] 5,181,259 entitled ‘‘General Method of directed to the following: BILLING CODE 4510±29±P (1) The fact that a transaction is the Pattern Classification Using the Two subject of an exemption under section Domain Theory,’’ NASA Case No. MSC– 408(a) of the Act and/or section 21,737–1, which was issued on January NATIONAL AERONAUTICS AND 19, 1993, and is assigned to the National 4975(c)(2) of the Code does not relieve SPACE ADMINISTRATION a fiduciary or other party in interest of Aeronautics and Space Administration. disqualified person from certain other [Notice 96±013] Written objections to the prospective provisions of the Act and/or the Code, grant of a license should be sent to Mr. Notice of Prospective Patent License including any prohibited transaction Hardie R. Barr, Patent Attorney, Johnson Space Center. provisions to which the exemption does AGENCY: National Aeronautics and not apply and the general fiduciary Space Administration. DATES: Responses to this Notice must be received by April 15, 1996. responsibility provisions of section 404 ACTION: Notice of Prospective Patent of the Act, which among other things License. FOR FURTHER INFORMATION CONTACT: require a fiduciary to discharge his Mr. Hardie R. Barr, Patent Attorney, duties respecting the plan solely in the SUMMARY: NASA hereby gives notice Johnson Space Center, Mail Code HA, interest of the participants and that Imidyne Corporation, of 2425 Jamie Houston TX 77058–3696; telephone beneficiaries of the plan and in a Street, Merrick, New York 11566, has (713) 483–1003. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5587

Dated: February 1, 1996. For further details with respect to this Copies of the submission may be Edward A. Frankle, action, see (1) Facility Operating obtained by calling the PADC clearance General Counsel. License No. NPF–90 with appendices offer listed. Send comments to the OMB [FR Doc. 96–3153 Filed 2–12–96; 8:45 am] stated above; (2) the Commission’s reviewer listed and to the PADC BILLING CODE 7510±01±M Safety Evaluation Report (NUREG–0847) clearance officer. dated June 1982, and Supplements 1 Pennsylvania Avenue Development through 20; (3) the licensee’s Final Corporation NUCLEAR REGULATORY Safety Analysis Report as amended to OMB Number: 3208. COMMISSION Amendment No. 91; (4) The licensee’s Environmental Report and supplements Form Number: 3208–003. [Docket No. 50±390] thereto; and (5) the Commission’s Final Title: Affirmative Action Quarterly Environmental Statement (NUREG– Workforce Report. Watts Bar Nuclear Plant, Unit 1, 0498) dated December 1978 and Decription: Under the authority of the Tennessee Valley Authority; Notice of Supplement 1 dated April 1995. These Pennsylvania Avenue Development Issuance of Facility Operating License items are available at the NRC’s Public Corporation Act, as amended (Pub. L. Notice is hereby given that the U.S. Document Room, the Gelman Building, 92–578), and PADC’s Affirmative Action Nuclear Regulatory Commission (the 2120 L Street NW., Washington, D.C. Policy and Procedure (36 CFR Part 906), Commission), has issued Facility 20555, and at the local public document PADC has requested the developer of Operating License No. NPF–90 (the room, Chattanooga-Hamilton County the Federal Triangle site in Washington, license) to Tennessee Valley Authority Library, 1001 Broad Street, Chattanooga, DC to obtain, on a voluntary basis, (the licensee). This license authorizes Tennessee 37402. A copy of the Facility detailed statistics of racial and ethnic operation of the Watts Bar Nuclear Operating License No. NPF–90 may be composition workforce on the project. Plant, Unit 1 (the facility), by the obtained upon request addressed to the Respondents: Construction licensee at reactor core power levels not U.S. Nuclear Regulatory Commission, Contractors. in excess of 3411 megawatts thermal in Washington, D.C. 20555, Attention: Annual Reporting and Recordkeeping accordance with the provisions of the Director, Division of Reactor Projects I/ Burden: a. Number of respondents—75 license, the Technical Specifications II. Copies of the Safety Evaluation construction contractors quarterly. b. (Appendix A to the license), and the Report (NUREG–0847) and Supplements Hours to fill out one form quarterly— Environmental Protection Plan 1–20, and the Final Environmental one hour maximum. (Appendix B to the license). Statement (NUREG–0498) and Clearance Officer: Talbot J. Nicholas Watts Bar Nuclear Plant, Unit 1, is a Supplement 1 may be purchased at II, Attorney, (202) 724–9055, PADC, pressurized-water nuclear reactor current rates from the National Suite 1220-North, 1331 Pennsylvania located at the licensee’s site on the west Technical Information Service, Avenue, NW., Washington, DC 20004. bank of Chickamauga Lake in Rhea Department of Commerce, 5285 Port OMB Reviewer: Nora Neureiter, (202) County, Tennessee. Royal Road, Springfield, Virginia 22161, 395–7860, Office of Information and The application for the license or by writing to the Superintendent of Regulatory Affairs, Office of complies with the standards and Documents, U.S. Government Printing Management and Budget, New requirements of the Atomic Energy Act Office, P.O. Box 371954, Pittsburgh, Executive Office Building, 726 Jackson of 1954, as amended (the Act), and the Pennsylvania 15250–7954 (telephone Place, NW. (Room 10202), Washington, Commission’s regulations. The no. 202–512–1800). All orders should DC 20503. Commission has made appropriate clearly identify the NRC publication Dated: January 31, 1996. findings as required by the Act and the number and the requestor’s GPO deposit Lester M. Hunkele III, Commission’s regulations in 10 CFR account, or VISA or Mastercard number Executive Director. and expiration date. Chapter I, which are set forth in the [FR Doc. 96–3089 Filed 2–12–96; 8:45 am] license. Prior public notice of the Dated at Rockville, Maryland, this 7th day BILLING CODE 7630±01±M overall action involving the proposed of February 1996. issuance of an operating license was For the Nuclear Regulatory Commission. published in the Federal Register on Peter S. Tam, December 27, 1976 (41 FR 56244). SECURITIES AND EXCHANGE Senior Project Manager, Project Directorate COMMISSION The Commission has determined that II–3, Division of Reactor Projects I/II. the issuance of this license will not [FR Doc. 96–3123 Filed 2–12–96; 8:45 am] [Rel. No. IC±21738; No. 812±9752] result in any environmental impacts BILLING CODE 7590±01±P other than those evaluated in the Final IDS Life Insurance Company, et al. Environmental Statement (NUREG– 0498), and Supplement 1, since the February 7, 1996. activity authorized by the license is PENNSYLVANIA AVENUE AGENCY: Securities and Exchange encompassed by the overall action DEVELOPMENT CORPORATION Commission (the ‘‘Commission’’). evaluated in the Final Environmental Public Information Collection ACTION: Notice of application for an Statement. Requirements Submitted to OMB for order pursuant to the Investment Pursuant to 10 CFR 51.52, the Review Company Act of 1940 (the ‘‘1940 Act’’). Commission has determined that the issuance of exemptions included in this DATE: February 13, 1996. APPLICANTS: IDS Life Insurance license will have no significant impact PADC has submitted the following Company (‘‘IDS Life’’) and IDS Life on the environment. These extension of a public information Variable Account 10 (the ‘‘Variable determinations were published in the collection requirement to OMB for Account’’). Federal Register on April 18, 1985 (50 review and clearance under the RELEVANT 1940 ACT SECTIONS: Order FR 15516) and April 25, 1995 (60 FR Paperwork Reduction Act of 1980, requested pursuant to Section 6(c) of the 20291). Public Law 96–511 (44 U.S.C. Ch. 35). 1940 Act granting exemptions from the 5588 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices provisions of Sections 26(a)(2)(C) and subsidiary of American Express 7. The Existing Contracts provide that 27(c)(2) thereof. Financial Corporation, which is a if the contract owner or the annuitant SUMMARY OF APPLICATION: Applicants wholly-owned subsidiary of American dies (or, for qualified annuities, if the seek an order permitting the deduction Express Company. IDS Life, which will annuitant dies) before annuity payments of a mortality and expense risk charge serve as the principal underwriter for begin, IDS Life will pay the beneficiary from the assets of (a) the Variable the Variable Account, is registered as a a death benefit as follows: Account in connection with the offer broker-dealer pursuant to the Securities (1) If death occurs before the 75th and sale of certain variable annuity Exchange Act of 1934 and is a member birthday of the owner or the annuitant, contracts (‘‘Existing Contracts’’); (b) the of the National Association of Securities the beneficiary receives the greatest of: Variable Account in connection with Dealers, Inc. (a) The contract value, the issuance of variable annuity 2. The Variable Account was (b) The contract value of the most contracts that are substantially similar established on August 23, 1995, as a recent sixth contract anniversary, minus in all material respects to the Existing separate account pursuant to the laws of any surrenders since that anniversary, Contracts (‘‘Future Contracts,’’ together the State of Minnesota. The Variable or with Existing Contracts, the Account is registered with the (c) Purchase payments, minus any ‘‘Contracts’’); and (c) any other separate Commission pursuant to the 1940 Act as surrenders; or account established in the future by IDS a unit investment trust and will be used (2) If death occurs on or after the Life in connection with the issuance of to fund the Existing Contracts. owner’s or annuitant’s 75th birthday, Contracts (‘‘Future Accounts’’). 3. The Existing Contracts are available the beneficiary receives the greater of: (a) The contract value, or FILING DATE: The application was filed for purchase in connection with retirement plans that qualify for federal (b) The contract value as of the most on September 7, 1995, and amended on recent sixth contract anniversary, minus December 21, 1995. tax advantages available pursuant to the Internal Revenue Code (‘‘qualified any surrenders since that anniversary. HEARING OR NOTIFICATION OF HEARING: An contracts’’) or for plans that do not so 8. IDS Life will assess an annual order granting the application will be qualify (‘‘non-qualified contracts’’). contract administrative charge issued unless the Commission orders a 4. The Existing Contracts provide for (‘‘Administrative Charge’’) of $30 on hearing. Interested persons may request the accumulation of contract values and each contract anniversary or earlier a hearing by writing to the Secretary of payment of annuity benefits on a fixed when an Existing Contract is fully the Commission and serving Applicants and/or variable basis. Purchase surrendered. IDS Life currently waives with a copy of the request, personally or payments may be directed to the general the Administrative Charge for any by mail. Hearing requests must be account of IDS Life pursuant to a fixed contract year in which total purchase received by the Commission by 5:30 account option (the ‘‘Fixed Account’’), payments under a contract, less any p.m. on March 4, 1996, and must be the Variable Account, or allocated payments surrendered, equal or exceed accompanied by proof of service on between them. Existing Contracts may $25,000 on the contract anniversary. Applicants, in the form of an affidavit be purchased with either an initial However, IDS Life reserves the right to or, for lawyers, a certificate of service. purchase payment, of at least $2,000 for assess the Administrative Charge against Hearing requests should state the nature nonqualified contracts and $1,000 for all Existing Contracts. The of the writer’s interest, the reason for the qualified contracts, or installment Administrative Charge reimburses IDS request, and the issues contested. payments. Additional purchase Life for the administrative costs Persons may request notification of a payments may be made in accordance attributable to the Existing Contracts, hearing by writing to the Secretary of with certain requirements. and does not apply after retirement the Commission. 5. The Variable Account currently has payments begin. ADDRESSES: Secretary, Securities and six subaccounts (‘‘Subaccounts’’), each 9. Applicants represent that they rely Exchange Commission, 450 5th Street of which will invest solely in the shares on Rule 26a–1 under the 1940 Act in NW., Washington, DC 20549. of one of the corresponding funds of a connection with the Administrative Applicants, c/o Mary Ellyn Minenko, registered open-end management Charge. Counsel, IDS Life Insurance Company, investment company managed by IDS 10. Certain state and local IDS Tower 10, Minneapolis, Minnesota Life (the ‘‘Funds’’). IDS Life plans to governments impose taxes of up to 3.5 55440. create additional subaccounts and/or percent of premiums. IDS Life will make FOR FURTHER INFORMATION CONTACT: variable accounts to invest in additional a charge against the contract value for Kevin M. Kirchoff, Senior Counsel, or Funds which will be available as future any premium taxes to the extent the Wendy Friedlander, Deputy Chief, investment options. taxes are payable. Office of Insurance Products (Division 6. Prior to the retirement date, the 11. No sales charge is collected or of Investment Management), at (202) owner of an Existing Contract can, at deducted at the time purchase payments 942–0670. any time, transfer all or part of the are made, pursuant to the Existing SUPPLEMENTARY INFORMATION: The contract value held in one or more of Contracts. IDS Life will, however, assess following is a summary of the the Subaccounts or the Fixed Account a contingent deferred sales charge application; the complete application to another Subaccount or the Fixed (‘‘CDSC’’) on certain full or partial may be obtained for a fee from the Account. However, if an owner of an surrenders. The amounts obtained from Public Reference Branch of the Existing Contract has made a transfer the CDSC will be used to help defray Commission. from the Fixed Account to a expenses incurred in connection with Subaccount, the contract owner may not the sale of the Existing Contracts, Applicants’ Representations transfer from any Subaccount back to including commissions and other 1. IDS Life is a stock life insurance the Fixed Account until the next promotional or distribution expenses company, organized under the laws of contract anniversary. Once annuity associated with the printing and the State of Minnesota, which conducts payments begin, no transfers may be distribution of prospectuses and sales life insurance business in the District of made to or from the Fixed Account, but material. the CDSC applies to all Columbia and all states except New transfers may be made once per contract purchase payments surrendered in the York. IDS Life is a wholly-owned year among the Subaccounts. first eight contract years. The CDSC is Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5589

7 percent of any purchase payments Applicant’s Legal Analysis that it will maintain at it executive surrendered during the first three 1. Pursuant to Section 6(c) of the 1940 office, and make available on request of contract years, then declines by 1 Act, the Commission may exempt any the Commission or its staff, a percent per year from 6 percent in the person, security, or transaction, or any memorandum setting forth its analysis, fourth year to 2 percent in the eighth class or classes of persons, securities or including its methodology and results. year. No CDSC applies after 8 contract transactions, from any provision or 6. Applicants acknowledge that, if a years. In addition, no CDSC applies to provisions of the 1940 Act or from any profit is realized from the Mortality and earnings under Existing Contracts, to rule or regulation thereunder, if and to Expense Risk Charge, all or a portion of minimum required distributions from the extent that such exemption is certain qualified plans, to Existing such profit may be available to pay necessary or appropriate in the public distribution expenses not reimbursed Contracts settled using an annuity interest and consistent with the payout plan or to death benefits. under the Contracts. IDS Life has protection of investors and the purposes concluded that there is a reasonable 12. IDS Life assumes certain mortality fairly intended by the policy and risks through its contractual obligation likelihood that the proposed provisions of the 1940 Act. distribution financing arrangements will to continue to make retirement 2. Sections 26(a)(2)(C) and 27(c)(2) of benefit the Variable Account (or Future payments for the entire life of the the 1940 Act prohibit a registered unit annuitant under annuity obligations investment trust and any depositor Accounts) and owners of the Existing which involve life contingencies. This thereof or underwriter therefor from Contracts (or Future Contracts). The assures each annuitant that neither the selling periodic payment plan basis for such conclusion is set forth in annuitant’s own longevity nor an certificates unless the proceeds of all a memorandum which will be improvement in life expectancy payments (other than sales load) are maintained by IDS Life at its executive generally will have an adverse effect on deposited with a qualified bank as office and will be available to the the retirement payments received under trustee or custodian and held under Commission or its staff on request. the Existing Contracts. IDS Life assumes arrangements which prohibit any 7. IDS Life represents that the additional mortality risks under the payment to the depositor or principal Variable Account, or future accounts Existing Contracts through its underwriter except a fee, not exceeding will invest only in underlying mutual contractual obligation to pay a death such reasonable amount as the funds which, in the event they should benefit upon the death of the owner or Commission may prescribe, for annuitant prior to the retirement date. adopt any plan under Rule 12b–1 of the performing bookkeeping and other 1940 Act to finance distribution 13. IDS Life assumes an expense risk administrative services normally because the Administrative Charge may expenses, would have such a plan performed by the bank itself. formulated and approved by a board of be insufficient to cover actual 3. Applicants request an order directors, a majority of the members of administrative expenses, which include pursuant to Section 6(c) of the 1940 Act which are not interested persons of such the costs and expenses of: processing exempting them from Sections purchase payments, retirement 26(a)(2)(C) and 27(c)(2) of the 1940 Act fund within the meaning of Section payments, surrenders and transfers; to the extent necessary to permit the 2(a)(19) of the 1940 Act. furnishing confirmation notices and deduction of the Mortality and Expense 8. Applicants submit that their periodic reports; calculating mortality Risk Charge from the assets of the requires for exemptive relief for Future and expense risk charges; preparing Variable Account and any Future Contracts and Future Accounts would voting materials and tax reports; Accounts in connection with the promote competitiveness in the variable updating registration statements; and Contracts. annuity contract market by eliminating actuarial and other expenses. 4. Applicants represent that the level the need for redundant exemptive 14. As compensation for assuming of the Mortality and Expense Risk applications, thereby reducing mortality and expense risks, IDS Life Charge is within the range of industry Applicants’ administrative expenses will assess a daily charge (‘‘Mortality practice for comparable variable annuity and maximizing the efficient use of their and Expense Risk Charge’’) equaling products. IDS Life has reviewed resources. Applicants further submit 1.25 percent of the average daily net publicly available information about that the delay and expense involved in assets of the Subaccounts on an annual other annuity products taking into having repeatedly to seek exemptive basis. Approximately two-thirds of this consideration such factors as current relief would impair their ability charge is for the assumption of the charge levels, charge guarantees, sales effectively to take advantage of business mortality risk and one-third is for the loads, surrender charges, availability of opportunities as they arise. Further, if assumption of the expense risk. The funds, investment options available Mortality and Expense Risk Charge under annuity contracts, and market Applicants were required repeatedly to cannot be increased during the life of sector. IDS Life represents that it will seek exemptive relief with respect to the the Existing Contracts and does not maintain at its executive office, and same issues addressed in this apply to the Fixed Account. make available on request of the application, investors would not receive 15. If the Mortality and Expense Risk Commission or its staff, a memorandum any benefit or additional protection. Charge is insufficient to cover the setting forth its analysis, including its Conclusion expenses and costs assumed, the loss methodology and results. will be borne by IDS Life. Conversely, 5. Applicants represent that, prior to For the reasons summarized above, if the amount deducted proves more offering Future Contracts, they will Applicants represent that the than sufficient, the excess will represent conclude that any mortality and exemptions requested are necessary and a profit to IDS Life. IDS Life expects to expense risk charge under such appropriate in the public interest and profit from the Mortality and Expense contracts (which cannot exceed in consistent with the protection of Risk Charge. The profit will be available amount the Mortality and Expense Risk investors and the purposes fairly to IDS Life for an proper corporate Charge) will be within the range of intended by the policy and provisions of purpose including, among other things, industry practice for comparable the 1940 Act. payment of distribution expenses. annuity contracts. IDS Life represents 5590 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

For the Commission, by the Division of The self-regulatory organization has 2. Index Calculation Investment Management, pursuant to prepared summaries, set forth in delegated authority. The Index is calculated using a Sections (A), (B) and (C) below, of the ‘‘modified equal-dollar weighting’’ Margaret H. McFarland, most significant aspects of such methodology. Four of the fifteen Deputy Secretary. statements. component securities are given higher [FR Doc. 96–3134 Filed 2–12–96; 8:45 am] weightings to reflect their higher market BILLING CODE 8010±01±M (A) Self-Regulatory Organization’s Statement of the Purpose of, and capitalizations than the rest of the Statutory Basis for, the Proposed Rule group, while not allowing them to [Release No. 34±36812; File No. SR±Amex± Change dominate the Index to the extent they 96±03] would in a straight market capitalization The Exchange proposes to trade weighted Index. This method of Self-Regulatory Organizations; Notice standardized options on the Networking calculation is important given the great of Filing of Proposed Rule Change by Index (‘‘Index’’), a modified equal-dollar disparity in market value of a few of the the American Stock Exchange, Inc. weighted index developed by the Amex, Index’s components. It has been the Relating to Options on the Networking representing a portfolio of large, actively Exchange’s experience that options on Index traded computer and market value weighted indexes February 6, 1996. telecommunication networking stocks. dominated by relatively few component Pursuant to Section 19(b)(1) of the stocks are less useful to investors, since 1. Eligibility Standards for Index the index will tend to represent these Securities Exchange Act of 1934 Components (‘‘Act’’),1 notice is hereby given that on few components and not the industry as a whole. At the same time, the increase January 23, 1996, the American Stock The Networking Index currently in Index weight for the smaller, less Exchange, Inc. (‘‘Amex’’ or ‘‘Exchange’’) conforms with Exchange Rule 901C, liquid stocks is lower than if the index filed with the Securities and Exchange which specifies criteria for inclusion of had been straight equal-dollar weighted; Commission (‘‘Commission’’) the stocks in an index on which and the decrease in Index weight of the proposed rule change as described in standardized options will be traded. In larger, more liquid stocks also is less Items I, II, and III below, which Items addition, the Index also currently dramatic than using straight equal- have been prepared by the Amex. The conforms to all the criteria set forth in Commission is publishing this notice to dollar weighting. Rule 901C, Commentary .02, which The following is a description of how solicit comments on the proposed rule provides for the commencement of the modified equal-dollar weighting change from interested persons. trading of options on an index thirty calculation method works. As of the I. Self-Regulatory Organization’s days after the date of filing, with the market close on October 20, 1995, a Statement of the Terms of Substance of exception that the Index is calculated portfolio of networking stocks was the Proposed Rule Change using a modified version of the equal- established representing an investment dollar weighting method. Therefore, the of $12,000 in each of the four highest The American Stock Exchange, Inc. component securities all meet the (‘‘Amex’’ or the ‘‘Exchange’’) proposes capitalized stocks of the companies in following eligibility standards: (1) They the Index and $4,727.27 in the 11 to trade options on the Networking are traded on the Amex or NYSE, or are Index (‘‘Index’’), a new index developed remaining stocks (rounded in the NASDAQ/NMS securities; (2) by the Amex comprised of 15 computer nearest whole share). The value of the component stocks comprising the top and telecommunication networking Index equals the current market value 90% of the Index by weight have a stocks which are traded on the Amex, (i.e., based on U.S. primary market minimum market capitalization of $75 the New York Stock Exchange, Inc. prices) of the sum of the assigned million, and those component stocks (‘‘NYSE’’), or through the facilities of number of shares of each of the stocks constituting the bottom 10% of the the National Association of Securities in the Index portfolio divided by the Index by weight have a market Dealers Automated Quotation system Index divisor. The Index divisor was capitalization of at least $50 million; (3) and are reported national market system initially determined to yield the stocks constituting the top 90% of the securities (‘‘NASDAQ/NMS’’). In benchmark value of 200.00 at the close Index by weight have minimum addition, the Amex proposes to amend of trading on October 20, 1995. Each Rule 901C, Commentary .01, to reflect monthly volume of 1,000,000 shares quarter thereafter, following the close of that 90% of the Index’s numerical value over the six months preceding this trading on the third Friday of January, will be accounted for by stocks that filing, and stocks constituting the April, July and October, the Index meet the current criteria and guidelines bottom 10% of the Index by weight have portfolio will be ranked in descending set forth in Rule 915. a minimum monthly volume of at least market capitalization order and the 500,000 shares over the six months Index portfolio adjusted by changing the II. Self-Regulatory Organization’s preceding this filing. The Exchange will number of whole shares of each Statement of the Purpose of, and assure that upon quarterly rebalancing component stock so that the four largest Statutory Basis for, the Proposed Rule (1) at least 90% of the index’s numerical capitalized stocks in the Index each Change index value and at least 80% of the total represents 12% of the Index value for a In its filing with the Commission, the number of component securities total of 48%, and the remaining 52% of self-regulatory organization included individually will meet the then current the Index value is evenly distributed statements concerning the purpose of criteria for standardized option trading over the remaining securities. At the and basis for the proposed rule change set forth in Exchange Rule 915; (2) that inception of the Index, each of the and discussed any comments it received no component security represent more remaining 11 components had a weight on the proposed rule change. The text than 25% of the weight of the Index; of approximately 4.73%. The Exchange of these statements may be examined at and (3) that the five highest weighted has chosen to rebalance following the the places specified in Item IV below. component securities in the index, in close of trading on the quarterly the aggregate, account for no more than expiration cycle because it allows an 1 15 U.S.C. 78s(b)(1) (1988). 60% of the weight of the Index. option contract to be held for up to three Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5591 months without a change in the Index of components in the Index at the time term options would be subject to the portfolio while at the same time, of its initial listing and in no event will same rules which govern the trading of maintaining the equal-dollar weighting the Index have fewer than nine all the Exchange’s index options, feature of the Index. If necessary, a components; (2) component stocks including sales practice rules, margin divisor adjustment is made at the constituting the top 90% of the Index by requirements and floor trading rebalancing to ensure continuity of the weight will have a minimum market procedures, and all options will have Index’s value. The newly adjusted capitalization of $75 million and the European style exercise. Position limits portfolio becomes the basis for the component stocks constituting the on reduced value long term Networking Index’s value on the first trading day bottom 10% of the Index by weight will Index options will be equivalent to the following the quarterly adjustment. have a minimum market capitalization position limits for regular (full value) As noted above, the number of shares of $50 million; (3) the monthly trading Index options and would be aggregated of each component stock in the Index volume for each of the past six months 5 with such options (for example, if the portfolio remain fixed between for each component security shall be at position limit for the full value options quarterly 2 reviews except in the event least 500,000 shares, or for each of the is 9,000 contracts on the same side of of certain types of corporate actions lowest weighted components in the the market, then the position limit for such as the payment of a dividend other Index that in the aggregate account for the reduced value options will be than an ordinary cash dividend, stock no more than 10% of the weight of the 90,000 contracts on the same side of the distribution, stock split, reverse stock Index, the monthly trading volume shall market). split, rights offering, distribution, be at least 400,000 shares; and (4) no The exercise settlement value for all reorganization, recapitalization, or single component will represent more of the Index’s expiring options will be similar event with respect to the than 25% of the weight of the Index and calculated based upon the primary component stocks. In a merger or the five highest weighted components exchange regular way opening sale consolidation of an issuer of a will represent no more than 60% of the prices for the component stocks. In the component stock, if the stock remains in Index at each quarterly rebalancing. case of securities traded through the the Index, the number of shares of that The Exchange shall not open for NASDAQ/NMS, the first reported security in the portfolio may be trading any additional option series regular way sale price will be used. If adjusted, to the nearest whole share, to should the Index fail to satisfy any of any component stock does not open for maintain the component’s relative the maintenance criteria set forth above trading on its primary market on the last weight in the Index at the level unless such failure is determined by the trading day before expiration, then the immediately prior to the corporate Exchange not to be significant and the prior day’s last sale price will be used action. In the event of a stock Commission concurs in that in the calculation. replacement, the average dollar value of determination. 5. Exchange Rules Applicable to Stock the remaining portfolio components in 4. Expiration and Settlement Index Options the same weighting tier of the stock being replaced (i.e., either the top four The proposed options on the Index Amex Rules 900C through 980C will stocks by market capitalization as of the will be European style (i.e., exercises apply to the trading of option contracts last rebalance, or the remaining stocks) permitted at expiration only), and cash based on the Index. These Rules cover will be calculated and that amount settled. Standard option trading hours issues such as surveillance, exercise invested in the stock of the new (9:30 a.m. to 4:10 p.m. New York time) prices, and position limits. Surveillance component, to the nearest whole share. will apply. The options on The procedures currently used to monitor In all cases, the divisor will be adjusted, Networking Index will expire on the trading in each of the Exchange’s other if necessary, to ensure Index continuity. Saturday following the third Friday of index options will also be used to Similar to other stock index values the expiration month (‘‘Expiration monitor trading in options on the published by the Exchange, the value of Friday’’). The last trading day in an Networking Index. The Index is deemed the Index will be calculated expiring option series will normally be to be a Stock Index Option under Rule continuously and disseminated every 15 the second to last business day 901C(a) and a Stock Index Industry seconds over the Consolidated Tape preceding the Saturday following the Group under Rule 900C(b)(1). With Association’s Network B. third Friday of the expiration month respect to Rule 903C(b), the Exchange (normally a Thursday). Trading in proposes to list near-the-money option 3. Maintenance of the Index 3 expiring options will cease at the close series on the Index at 21⁄2 point strike The Exchange will review the Index of trading on the last trading day. (exercise) price intervals when the value quarterly,4 and maintain it so that (1) The Exchange plans to list options of the Index is below 200 points. In the total number of component series with expirations in the three near- addition, the Exchange expects that the securities will not increase or decrease term calendar months and in the two review required by Rule 904C(c) will by more than 331⁄3% from the number additional calendar months in the result in a position limit of 9,000 January cycle. In addition, longer term contacts with respect to options on this 2 Telephone Conversation between Claire option series having up to thirty-six Index. McGrath, Managing Director and Special Counsel, months to expiration may be traded. In The Exchange believes that the Amex, and Francois Mazur, Attorney, Office of Market Supervision, Division of Market Regulation, lieu of such long-term options on a full proposed rule change is consistent with Commission, on February 2, 1996 (‘‘Telephone value Index level, the Exchange may Section 6(b) of the Act in general and Conversation’’). instead list long-term, reduced value put furthers the objectives of Section 6(b)(5) 3 The Amex has stated that the Index will be and call options based on one-tenth of the Act in particular in that it is maintained so as to conform with the generic 1 maintenance listing standards for options on ( ⁄10) the Index’s full value. Ineither designed to prevent fraudulent and narrow-based indexes (Amex Rule 901C, event, the interval between expiration manipulative acts and practices, to Commentary .02). Telephone Conversation between months for either a full value or reduced promote just and equitable principles of Claire McGrath, Managing Director and Special value long-term option will be not less trade, to foster cooperation and Counsel, Amex, and Francois Mazur, Attorney, Office of Market Supervision, Division of Market than six months. The trading of any long coordination with persons engaged in Regulation, Commission, on February 6, 1996. regulating, clearing, settling, processing 4 Telephone Conversation, supra note 2. 5 Id. information with respect to, and 5592 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices facilitating transactions in, securities, refer to File No. SR–Amex–96–03 and and basis for the proposed rule change and in general to protect investors and should be submitted by March 5, 1996. and discussed any comments it received the public interest, and to remove For the Commission, by the Division on the proposed rule change. The text impediments to and perfect the of Market Regulation, pursuant to of these statements may be examined at mechanism of a free and open market delegated authority.6 the places specified in Item IV below. and a national market system. Margaret H. McFarland, The self-regulatory organization has prepared summaries, set forth in (B) Self-Regulatory Organization’s Deputy Secretary. Sections A, B, and C below, of the most Statement on Burden on Competition [FR Doc. 96–3100 Filed 2–12–96; 8:45 am] significant aspects of such statements. BILLING CODE 8010±01±M The Amex believes that the proposed A. Self-Regulatory Organization’s rule change will not impose any burden Statement of the Purpose of, and on competition. [Release No. 34±36813; File No. SR±NYSE± 96±02] Statutory Basis for, the Proposed Rule (C) Self-Regulatory Organization’s Change Statement on Comments on the Self-Regulatory Organizations; Notice 1. Purpose Proposed Rule Change Received From of Filing of Proposed Rule Change by Members, Participants, or Others the New York Stock Exchange, Inc. The Exchange’s proxy rules prohibit Relating to Voting of Proxies by Its member firms from voting, without Written comments on the proposed customer instructions, on non-routine rule change were neither solicited nor Member Firms for Holders of Auction Rate Preferred Securities items submitted to a vote of received. shareholders. Auction rate preferred III. Date of Effectiveness of the February 6, 1996. securities are substantially short term Proposed Rule Change and Timing for Pursuant to Section 19(b)(1) of the instruments sold primarily to Commission Action Securities Exchange Act of 1934 institutional investors. At the auction (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is date, which typically runs every seven Within 35 days of the date of hereby given that on February 1, 1996, days but in some instances can be one publication of this notice in the Federal the New York Stock Exchange, Inc. to five years, the investor receives their Register or within such longer period (i) (‘‘NYSE’’ or ‘‘Exchange’’) filed with the entire investment along with accrued as the Commission may designate up to Securities and Exchange Commission dividends, and may, if they so chose, 90 days of such date if it finds such (‘‘Commission’’) the proposed rule participate in the repurchase of shares at longer period to be appropriate and change as described in Items I, II, and the new dividend rate for the ensuing publishes its reasons for so finding or III below, which Items have been rate period. Because of the turnover and (ii) as to which the self-regulatory prepared by the self-regulatory the little interest that auction rate organization consents, the Commission organization. The Commission is preferred shareholders have in the will: publishing this notice to solicit performance of the issuer and its (a) By order approve such proposed comments on the proposed rule change governance structure, corporate issuers rule change, or from interested persons. find it extraordinarily difficult to obtain (b) Institute proceedings to determine requisite approval. whether the proposed rule change I. Self-Regulatory Organization’s In addition, some state laws require should be disapproved. Statement of the Terms of Substance of the approval of at least a majority of the Proposed Rule Change IV. Solicitation of Comments preferred holders in any matter taken to The New York Stock Exchange, Inc. a vote of preferred holders. The failure Interested persons are invited to (‘‘NYSE’’ or ‘‘Exchange’’) is proposing to obtain a quorum in such cases submit written data, views and amendments to its rules governing the effectively blocks the approval of the arguments concerning the foregoing. voting by its member firms for holders matters which are overwhelmingly Persons making written submissions of auction rate preferred securities.1 voted in favor of by common should file six copies thereof with the These requirements are contained in shareholders, when a vote of all classes Secretary, Securities and Exchange Exchange Rule 452 and Section 402.08 is required, and those preferred voters Commission, 450 Fifth Street, NW., of its Listed Company Manual. The who do vote. Washington, DC 20549. Copies of the amendments would allow the The proposed rule change will allow submission, all subsequent Exchange’s member firms to vote the member firms to vote the shares of amendments, all written statements shares of auction rate preferred auction rate preferred securities with with respect to the proposed rule securities in the absence of instructions auction reset periods of less than one change that are filed with the provided by beneficial holders as long year, on non-routine items, in Commission, and all written as certain conditions are met. proportion to those votes cast by communications relating to the beneficial holders, as long as: (i) The proposed rule change between the II. Self-Regulatory Organization’s issuer has transmitted proxy soliciting Commission and any person, other than Statement of the Purpose of, and material to the beneficial owner or its those that may be withheld from the Statutory Basis for, the Proposed designee; (ii) it has not received voting public in accordance with the Change instructions from the beneficial owner provisions of 5 U.S.C. 552, will be In its filing with the Commission, the or its designee within the time period available for inspection and copying in self-regulatory organization included specified in the proxy material; (iii) at the Commission’s Public Reference statements concerning the purpose of least 30% of the issue has been voted by Section, 450 Fifth Street, NW., beneficial holders or their designee; (iv) Washington, DC. Copies of such filing 6 17 CFR 200.30–3(a)(12) (1994). less than 10% of the issue has voted will also be available for inspection and 1 The proposed change defines an auction rate against the proposal; (v) for any preferred security as a preferred security pursuant copying at the principal office of the to which the dividend rate is established proposal taken to preferred and above-mentioned self-regulatory periodically by auction or remarketing at specified common shareholders, proportional organization. All submissions should ‘‘reset periods.’’ voting would not be allowed unless Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5593 common shareholders have also Commission may designate up to 90 of 1934 (‘‘Act’’).1 On December 19, approved the item: (vi) a majority of the days of such date if it finds such longer 1995, OCC filed an amendment to the independent directors of the issuer’s period to be appropriate and publishes proposed rule change to clarify certain board of directors have approved the its reasons for so finding or (ii) as to language in the proposal.2 Notice of the item; and (vii) adequate disclosure of which the self-regulatory organization proposal was published in the Federal proportional voting has been provided. consents, the Commission will: Register on December 27, 1995.3 No The proposed rule change will insert (A) by order approve the proposed comment letters were received. For the a new Rule 452.12 into the Exchange’s rule change, or reasons discussed below, the Rules of Board of Governors as well as (B) institute proceedings to determine Commission is granting approval of the an identical Paragraph 402.08(C) into whether the proposed rule change proposed rule change. the Exchange’s Listed Company should be disapproved. I. Description of the Proposal Manual.2 These provisions will allow IV. Solicitation of Comments member firms to vote on non-routine The proposed rule change amends items for auction rate preferred Interested persons are invited to OCC Rule 801(e) regarding late exercises securities only, enabling corporate submit written data, views, and by changing the cut-off times for filing issuers, as well as shareholders, to arguments concerning the foregoing. a late exercise notice and by eliminating obtain approval of matters Persons making written submissions any references to trading volume. The overwhelmingly supported by those should file six copies thereof with the proposed rule change also modifies OCC investors who do vote. Secretary, Securities and Exchange Rule 801(a) to provide expressly for the Commission, 450 Fifth Street, NW., submission of exercise notices through 2. Statutory Basis Washington, DC 20549. Copies of the electronic means. The basis under the Act for this submission, all subsequent OCC Rule 801(e) currently permits proposed rule change is the requirement amendments, all written statements OCC clearing members to file, revoke, or under Section 6(b)(5) of the Act 3 that an with respect to the proposed rule modify exercise notices after the 7:00 exchange have rules that are designed to change that are filed with the p.m. (all time references are Central prevent fraudulent and manipulative Commission, and all written Time unless stated otherwise) deadline acts and practices, to promote just and communications relating to the for the purpose of correcting bona fide equitable principles of trade, to foster proposed rule change between the errors. Once a late instruction is cooperation and coordination with Commission and any person, other than accepted, Rule 801(e) requires the persons engaged in regulating, clearing, those that may be withheld from the clearing member submitting an settling, processing information with public in accordance with the instruction to pay a late filing fee and respect to, and facilitating transactions provisions of 5 U.S.C. 552, will be explain in writing the error that caused in securities, to remove impediments to available for inspection and copying at the late submission of the instruction. and perfect the mechanism of a free and the Commission’s Public Reference The filing fees for late instructions are open market and a national market Section, 450 Fifth Street, NW., imposed using a graduated fee schedule system, and, in general, to protect Washington, DC 20549. Copies of such with variable cut-off times to reflect the investors and the public interest. filing will also be available for fact that the earlier that a late exercise B. Self-Regulatory Organization’s inspection and copying at the principal notice is submitted the easier and less Statement on Burden on Competition office of the Exchange. All submissions costly it is for OCC to process the should refer to File No. SR–NYSE–96– request.4 The proposed rule change does not 02 and should be submitted by March OCC clearing members have requested impose any burden on competition that 5, 1996. that OCC provide them with data from is not necessary or appropriate in For the Commission, by the Division of nightly processing earlier on the night of furtherance of the purposes of the Act. Market Regulation, pursuant to delegated processing. Presently, Rule 801(e) C. Self-Regulatory Organization’s authority. requires OCC to wait until 10:00 p.m. to Statement on Comments on the Margaret H. McFarland, begin critical processing even if it has Proposed Rule Change Received from Deputy Secretary. received all necessary data from Members, Participants, or Others [FR Doc. 96–3133 Filed 2–12–96; 8:45 am] exchanges 5 and clearing members The Exchange has not solicited, and BILLING CODE 8010±01±M does not intend to solicit, comments on 1 15 U.S.C. § 78s(b)(1) (1988). 2 Letter from Michael G. Vitek, OCC, to Jerry W. this proposed rule change. The [Release No. 34±36818; File No. SR±OCC± Carpenter, Assistant Director, Division of Market Exchange has not received any 95±14] Regulation, Commission (December 19, 1995). unsolicited written comments from 3 Securities Exchange Act Release No. 36607 members or other interested parties. Self-Regulatory Organization; The (December 20, 1995), 60 FR 67007. Options Clearing Corporation; Order 4 For a detailed description of OCC’s procedures III. Date of Effectiveness of the Approving Proposed Rule Change for processing late option exercise notices on non- Proposed Rule Change and Timing for expiring option contracts, and earlier amendments Relating to the Processing of Late Commission Action to the late exercise fee schedule cut-off times, refer Exercise Requests for Eligible Option to Securities Exchange Act Release Nos. 29390 (July WIthin 35 days of the publication of Contracts 1, 1991), 56 FR 31454 [File No. SR–OCC–90–3] this notice in the Federal Register or (order approving procedures for processing late February 7, 1996. exercise notices) and 33247 (November 24, 1993), within such other period (i) as the 58 FR 63419 [SR–OCC–93–2] (order approving On September 15, 1995, The Options changes to OCC’s late exercise fee schedule cut-off 2 The proposed rule change also renumbers Clearing Corporation (‘‘OCC’’) filed with times). existing Exchange Rules 452.12 through 452.16 the Securities and Exchange 5 The term ‘‘exchange’’ is defined in Article I, without change to Rules 452.13 through 452.17 and Commission (‘‘Commission’’) a Section E(4) of OCC’s by-laws as a national Listed Company Manual Paragraphs 402.08(C) securities exchange or a national securities through (G) without change to 402.08(D) through proposed rule change (File No. SR– association that has qualified for participation in (H). OCC–95–14) pursuant to Section OCC pursuant to the provision of Article VII of 3 15 U.S.C. 78f(b)(5). 19(b)(1) of the Securities Exchange Act OCC’s by-laws. 5594 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices earlier in the night. Due to the many Because the exchanges’ improvements proposed changes to the agreements technical improvements implemented to their intraday trade matching governing non-proprietary cross- by the exchanges in recent years, the processes enable them to send daily margining (‘‘XM’’) accounts in the XM exchanges now send daily trading data trade comparison reports to clearing program among OCC, The Intermarket to OCC much earlier. Thus, there are members much earlier in the day, the Clearing Corporation (‘‘ICC’’), and the many nights when OCC could begin Commission believes that clearing Chicago Mercantile Exchange (‘‘CME’’), critical processing by 9:00 p.m. To members should continue to have proposed changes to the agreements accommodate the requests by clearing adequate time to reconcile their records governing non-proprietary XM accounts members for earlier data distribution, with exchange trade comparison reports in the XM program between OCC and OCC has decided to advance the late and should not be negatively effected by ICC and in the XM program between exercise cut-off times by one hour and the removal of volume restrictions or OCC and the Kansas City Board of Trade to eliminate the volume conditions the earlier cut-off times for late exercise Clearing Corporation (‘‘KCC’’), affecting the cut-off times. notices. These changes also should respectively.2 On January 11, 1996, OCC The volume conditions were initially enable OCC to begin its critical filed an amendment to the proposed incorporated into Rule 801(e) to ensure processing earlier in the evening and, in rule change to correct minor that clearing members had adequate turn, provide earlier distribution of data typographical errors in two of the time to reconcile their records with from nightly processing to its clearing agreements that are the subject of the exchange trade comparison reports. members thus facilitating the prompt proposed rule change.3 Notice of the Since that time, the exchanges have and accurate clearance and settlement of proposal was published in the Federal continued to improve their systems and securities transactions consistent with Register on December 11, 1995.4 No operations in the trade matching Section 17A of the Act. comment letters were received. For the reasons discussed below, the process, particularly with respect to III. Conclusion intraday trade matching. These Commission is granting approval of the technological improvements have On the basis of the foregoing, the proposed rule change. enabled the exchanges to send daily Commission finds that the proposed I. Description of the Proposal trade data to OCC and its clearing rule change is consistent with the OCC is amending the agreements members much earlier in the day. requirements of the Act and in governing non-proprietary XM accounts Accordingly, OCC is eliminating any particular Section 17A of the Act and of market professionals in the OCC/ICC/ references to volume in the revised Rule the rules and regulations thereunder. CME XM program, in the OCC/ICC XM 801(e). OCC does not believe removing It is therefore ordered, pursuant to program, and in the OCC/KCC XM the volume considerations will have any Section 19(b)(2) of the Act, that the program in order to make the negative affect on its clearing members. proposed rule change (File No. SR– agreements correspond with the revised The proposed rule change also OCC–95–14) be, and hereby is, distributional scheme adopted by the amends OCC’s late exercise fee approved. Commodity Futures Trading schedule. The time at which a $500 fee For the Commission by the Division of Commission (‘‘CFTC’’) in the new will be imposed is being changed from Market Regulation, pursuant to delegated appendix to the CFTC’s bankruptcy between 7:00 p.m. to 9:00 p.m. to authority.7 rules.5 The proposed rule change also between 7:00 p.m. to 8:00 p.m. The late Margaret H. McFarland, conforms the terms of the agreements exercise cut-off time associated with a Deputy Secretary. governing the proprietary and non- $2000 fee will be changed from between [FR Doc. 96–3132 Filed 2–12–96; 8:45 am] proprietary XM accounts in the OCC/ 9:01 p.m. and the start of critical BILLING CODE 8010±01±M KCC XM program with the terms of the processing to between 8:01 p.m. and the agreements used in the OCC/ICC/CME start of critical processing. XM program and in the OCC/ICC XM In addition to the changes described [Release No. 34±36819; File No. SR±OCC± 95±12] program. above, Rule 801(a) is being revised to The Commission and the CFTC provide expressly for the submission of Self-Regulatory Organizations; The approved non-proprietary cross- exercise instructions through electronic Options Clearing Corporation; Order margining in November 1991.6 As part means. Approving Proposed Rule Change II. Discussion Amending the Agreements Governing 2 Letters from Jean M. Cawley, OCC, to Jerry W. Non-Proprietary Cross-Margining Carpenter, Assistant Director, Division of Market Section 17A(b)(3)(F) 6 of the Act Regulation (‘‘Division’’), Commission (September Accounts of Market Professionals in requires that the rules of a clearing 11, 1995, and October 10, 1995). Cross-Margining Programs 3 Letter from Jean M. Cawley, OCC, to Jerry W. agency be designed to facilitate the Carpenter, Assistant Director, Division, Commission prompt and accurate clearance and February 7, 1996. (January 8, 1996). settlement of securities transactions. On August 15, 1995, The Options 4 Securities Exchange Act Release No. 36551, The Commission believes OCC’s Clearing Corporation (‘‘OCC’’) filed with (December 4, 1995), 60 FR 63558. proposed rule change is consistent with 5 The CFTC’s distributional requirements are set the Securities and Exchange forth in Appendix B to Part 190 of the CFTC’s the requirements of Section 17A(b)(3)(F) Commission (‘‘Commission’’) a General Regulations. 17 CFR 190. The CFTC’s because the proposal advances the late proposed rule change (File No. SR– distributional framework was adopted in April exercise cut-off times by one hour OCC–95–12) pursuant to Section 1994. 59 FR 17468 (April 13, 1994). without regard to volume restrictions. 19(b)(1) of the Securities Exchange Act 6 Securities Exchange Act Release Nos. 29991 (November 26, 1991), 56 FR 61458 (order approving This should allow clearing members to 1 of 1934 (‘‘Act’’). On September 12, OCC/CME non-proprietary XM program); 56 FR obtain earlier data distribution from 1995, and on October 11, 1995, OCC 61404 (CFTC 1991) (order approving OCC/CME OCC thus promoting the prompt and filed amendments to the proposed rule non-proprietary XM program); 30041 (December 5, accurate clearance and settlement of change to include, in addition to 1991) 56 FR 64824 [File Nos. SR–OCC–90–04 and securities transactions. SR–ICC–90–03] (order approving OCC/ICC non- proprietary, market professional cross-margin 7 17 CFR 200.20–3(a)(12) (1995). program); and 56 FR 61406 (CFTC 1991) (order 6 15 U.S.C. § 78q–1(b)(3)(F) (1988). 1 15 U.S.C. § 78s(b)(1) (1988). approving OCC/ICC non-proprietary cross-margin Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5595 of the CFTC’s approval, it required each separately maintained. However, in the assure the safeguarding of securities and futures commission merchant (‘‘FCM’’) event of the failure of the firm(s) funds which are in the custody or participating in cross-margining to agree carrying the non-proprietary XM control of the clearing agency or for that all funds and property in a non- accounts, the respective shortfalls, if which it is responsible, and to foster proprietary XM account would be any, of the pools of funds would be cooperation and coordination with treated as customer property subject to determined as a percentage of the persons engaged in the clearance and the segregation requirements of the segregation requirement for each pool. settlement of securities transactions. Commodity Exchange Act 7 and to agree In the event of (i) No shortfall in The Commission believes OCC’s to segregate such funds and property either pool, (ii) an equal percentage of proposed rule change amending the from that of non-XM customers. The shortfall in both pools, (iii) a shortfall in agreements governing the OCC/ICC/ CFTC also required each market the non-XM pool only, or (iv) a greater CME XM program, the OCC/ICC XM professional to subordinate its XM percentage of shortfall in the non-XM program, and the OCC/KCC XM related claims to customer claims based pool than in the XM pool, then the two program to correspond with the revised on non-XM positions. pools of segregated funds would be bankruptcy distribution scheme adopted Pursuant to that subordination combined and non-XM customers and by the CFTC is consistent with the requirement, if a clearing member XM market professionals would share requirements of Section 17A(b)(3)(F). became insolvent, all non-XM pro rata in the combined pool. In the The Commission previously has noted customers of the FCM would be paid event of (i) A shortfall in the XM pool the widespread belief that XM systems their pro rate share of the combined only or (ii) a greater percentage shortfall can provide (i) A more accurate measure segregated funds pool, including funds in the XM pool than in the non-XM of intermarket risk exposure for clearing of XM market professionals, before the pool, then the two pools of segregated organizations, (ii) added liquidity and XM market professionals received any funds would not be combined. Instead, depth to markets by reducing cash flow portion of their claims. The XM market professionals would share levels for clearing members and by subordination was intended to insulate pro rata in the pool of XM segregated reducing potential for financial gridlock, non-XM customers from losses arising funds while non-XM customers would particularly during volatile markets from XM accounts and to ensure that share pro rata in the pool of non-XM when clearing organizations may the XM accounts of market professionals segregated funds. demand additional clearing margin from would not be treated as accounts of In order to implement the CFTC’s new their members, (iii) more efficient use of securities customers subject to distributional requirements, the clearing broker-dealer capital due to a more liquidation under the Securities Investor organizations operating non-proprietary accurate measure of market risk, (iv) Protection Act of 1970 (‘‘SIAP’’) 8 or the XM programs must submit amended reduced clearing costs by the integration stock broker liquidation provisions of agreements to the respective regulatory of clearing functions and the 9 the Bankruptcy Code. As a result, the authorities deleting the subordination centralization of asset management, and accounts would be liquidated as requirement and substituting a reference (v) safer broker-dealer liquidation accounts of commodity customers under to the CFTC’s distribution rules. mechanisms by simplifying and the commodity broker liquidation Accordingly, OCC is making those and clarifying the unwinding of each side of 10 15 provisions of the Bankruptcy Code other conforming changes 13 to the an intermarket hedge. The 11 and the CFTC’s bankruptcy rules, and agreements governing non-proprietary Commission believes that by both the Commission’s order and the XM accounts for the XM program among conforming the terms of OCC’s CFTC’s order approving non-proprietary OCC, CME, and ICC, the XM program agreements governing the OCC/ICC/ XM provide for such result. between OCC and ICC, and the XM CME XM program, the OCC/ICC XM The revised distribution rules adopted program between OCC and KCC. program, and the OCC/KCC XM by the CFTC continue the concept of In addition, pursuant to the program with the CFTC’s new subordination for the purpose of amendment filed on October 11, 1995, distributional framework, the proposal ensuring that the market professionals’ OCC is revising the agreements should help facilitate the continued securities included in a XM account governing the proprietary XM accounts benefits derived from the operation of will be subject to commodity broker in the OCC/KCC XM program to OCC’s XM programs. The agreements liquidation rules but modify the method conform the terms of those agreements also should provide that any claim for property distribution in the event of to the terms of the agreements used in asserted by an XM market professional the liquidation of the firm(s) carrying the OCC/ICC/CME and OCC/ICC XM arising out of or based upon an XM non- the non-proprietary XM account.12 programs. These revisions primarily proprietary account will be Under the revised distributional subordinated to the claims of all other consist of the use of uniform definitions scheme, FCMs will continue to make customers, as defined in Subchapter III under the agreements. separate calculations for non-XM of Chapter 7 of the Bankruptcy Code 16 customers and XM market professionals, II. Discussion or SIPA,17 to the extent that such a and funds deposited pursuant to those Section 17A(b)(3)(F) 14 of the Act claims would otherwise be a claim calculations will continue to be requires that the rules of a clearing against customer property. The agency be designed to facilitate the Commission believes the foregoing program. In August 1993, the Commission approved prompt and accurate clearance and amendments to the agreements should expansion of the OCC/KCC XM program established ensure that XM accounts of market in February of 1992 to include non-proprietary settlement of securities transactions, to positions. Securities Exchange Act Release No. professionals will continue to be treated 32708 (August 2, 1993), 58 FR 42586 [File No. SR– 13 The conforming changes include provisions as non-customer accounts for purposes OCC–93–13] (order approving OCC/KCC non- that ensure that non-broker-dealer XM market proprietary XM program). professional will not be treated as ‘‘customers’’ for 15 Securities Exchange Act Release No. 30041 7 7 U.S.C. § 6d(2) (1988) and 17 CFR 1.20 (1991). purposes of Rule 15c3–3 under the Act pursuant to (December 5, 1991), 56 FR 64824 [File Nos. SR– 8 15 U.S.C. §§ 78aaa–78lll (1988). the conditions set forth in the Commission’s no- OCC–90–04 and SR–ICC–90–03] (order approving 9 11 U.S.C. §§741–752 (1988). action letter from Michael Macchiaroli, Associate OCC/ICC non-proprietary, market professional 10 11 U.S.C. §§ 761–766 (1988). Director, Division of Market Regulation, cross-margining program). 11 17 CFR 190.1–190.10. Commission, to Jean Cawley, OCC (July 31, 1995). 16 11 U.S.C. §§ 741–752. 12 Supra note 5. 14 15 U.S.C. § 78q–1(b)(3)(F) (1988). 17 15 U.S.C. §§ 78aaa–78lll. 5596 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices of Rule 15c3–3 under the Act.18 The Radiocommunications and Search and Due Date for Answers, Conforming amendments to the agreements Rescue which is scheduled for early Applications, or Motion To Modify facilitating the treatment of XM 1997, at the IMO headquarters in Scope: December 14, 1995. accounts in this manner foster London, England. Description: Application of Northwest cooperation and coordination with Among other things, the items of Territorial Airways Limited pursuant to persons engaged in the clearance and particular interest are: 49 U.S.C. 41304, and Subpart Q of the settlement of securities transactions by —The implementation of the Global Regulations, applies for amendment of helping to assure that the liquidation of Maritime Distress and Safety System its foreign air carrier permit to authorize a FCM can be done in accordance with (GMDSS) it to provide scheduled and charter the CFTC’s distribution framework, thus —Maritime Search and Rescue matters foreign air transportation of persons, helping to assure the safeguarding of Further information, including property, and mail from any point or securities and funds which are in the meeting agendas with meeting room points in Canada to any point or points custody or control of OCC or for which numbers, minutes, and input papers, in the United States. it is responsible. can be obtained from the Coast Guard Paulette V. Twine, Chief, Documentary Services Division. III. Conclusion Navigation Information Center computer bulletin board, accessible by modem by [FR Doc. 96–3200 Filed 2–12–96; 8:45 am] On the basis of the foregoing, the dialing: (703) 313–5910. This BILLING CODE 4910±62±P Commission finds that the proposed information is also accessible through rule change is consistent with the Internet World Wide Web by entering: [Docket 37554] requirements of the Act and in ‘‘http://www.navcen.uscg.mil/ particular Section 17A of the Act and marcomms/imo.htm’’ Notice of Order Adjusting the Standard the rules and regulations thereunder. Members of the public may attend Foreign Fare Level Index It is therefore ordered, pursuant to these meetings up to the seating Section 19(b)(2) of the Act, that the capacity of the rooms. Interested Section 41509(e) of Title 49 of the proposed rule change (File No. SR– persons may seek information, United States Code requires that the OCC–95–12) be, and hereby is, including meeting room numbers, by Department, as successor to the Civil approved. writing: Mr. Ronald J. Grandmaison, Aeronautics Board, establish a Standard For the Commission by the Division of U.S. Coast Guard Headquarters, Foreign Fare Level (SFFL) by adjusting the SFFL base periodically by Market Regulation, pursuant to delegated Commandant (G–TTM), Room 6306, 19 percentage changes in actual operating authority. 2100 Second Street, SW., Washington, costs per available seat-mile (ASM). Margaret H. McFarland, DC 20593–0001, by calling: (202) 267– Order 80–2–69 established the first Deputy Secretary. 1389, or by sending Internet electronic interim SFFL, and Order 95–12–23 [FR Doc. 96–3131 Filed 2–12–96; 8:45 am] mail to r.grandmaison/g– established the currently effective two- BILLING CODE 8010±01±M [email protected]. month SFFL applicable through January Dated: February 2, 1996. 31, 1996. Charles A. Mast, In establishing the SFFL for the two- DEPARTMENT OF STATE Chairman, Shipping Coordinating Committee. month period beginning February 1, [Public Notice No. 2327] [FR Doc. 96–3098 Filed 2–12–96; 8:45 am] 1996, we have projected non-fuel costs BILLING CODE 4710±7±M based on the year ended September 30, Shipping Coordinating Committee, 1995 data, and have determined fuel Subcommittee on Safety of Life at Sea, prices on the basis of the latest available Working Group on DEPARTMENT OF TRANSPORTATION experienced monthly fuel cost levels as Radiocommunications and Search and reported to the Department. Rescue; Notice of Meetings Notice of Applications for Certificates By Order 96–2–11 fares may be of Public Convenience and Necessity increased by the following adjustment The Working Group on and Foreign Air Carrier Permits Filed factors over the October 1979 level: Radiocommunications and Search and Under Subpart Q During the Week Atlantic—1.4152 Rescue of the Subcommittee on Safety Ending November 17, 1995 Latin America—1.4549 of Life at Sea will conduct open Pacific—1.4462 meetings at 9:30 a.m. on Wednesday, The following Applications for For further information contact: Keith March 20, and Friday, May 17, 1996. Certificates of Public Convenience and A. Shangraw (202) 366–2439. The March 20 meeting will be held in Necessity and Foreign Air Carrier the Department of Transportation Permits were filed under Subpart Q of By the Department of Transportation: Dated: February 7, 1996. Headquarters Building, 400 Seventh the Department of Transportation’s Street, SW., Washington, DC 20950. The Procedural Regulations (See 14 CFR Charles A. Hunnicutt, May 17 meeting will be held at the 302.1701 et seq.). The due date for Assistant Secretary for Aviation and Radio Technical Commission for Answers, Conforming Applications, or International Affairs. Maritime Services Assembly, in the Motions to modify Scope are set forth [FR Doc. 96–3114 Filed 2–12–96; 8:45 am] Princess Hotel, 1404 West Vacation below for each application. Following BILLING CODE 4910±62±P Road, San Diego, CA 92109. The the Answer period DOT may process the purpose of these meetings is to discuss application by expedited procedures. Federal Aviation Administration the results of the 1st Session and Such procedures may consist of the prepare for the 2nd Session of the adoption of a show-cause order, a Availability of Solicitation for Aviation International Maritime Organization tentative order, or in appropriate cases Research Grants and Cooperative (IMO) Subcommittee on a final order without further Agreements Proposals proceedings. 18 17 CFR 240.15c3–3. Docket Number: OST–95–839. AGENCY: Federal Aviation 19 17 CFR 200.30–3(a)(12) (1995). Date filed: November 16, 1995. Administration, DOT. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5597

ACTION: Notice of Availability. Notice of Intent to Rule on Application 158. The FAA will approve or to Impose and Use the Revenue From disapprove the application, in whole or SUMMARY: the Federal Aviation a Passenger Facility Charge (PFC) at in part, no later than March 27, 1996. Administration (FAA) is soliciting Morgantown Municipal Airport, The following is a brief overview of proposals for grants and cooperative Morgantown, West Virginia the application. agreements which address the long and Level of the proposed PFC: $2.00. short-term technical needs of the AGENCY: Federal Aviation Proposed charge effective date: National Airspace System (NAS) Administration (FAA), DOT. December 1, 1999. pursuant to Section 9205, Aviation ACTION: Notice of Intent to Rule on Proposed charge expiration date: Research Grant Program, and Section Application. January 1, 2000. 9208, Catastrophic Failure Prevention Total estimated PFC revenue: Research Program, of the FAA Research, SUMMARY: The FAA proposes to rule and $242,000. Engineering, and Development invites public comment on the Brief description of proposed projects: Authorization Act of 1990 (Public Law application to impose and use the The PFC funds will be utilized to fund 101–508), and section 107 of the revenue from a PFC at Morgantown the local share of the following Aviation Security Improvement Act of Municipal Airport under the provisions proposed AIP projects. 1990 (Public Law 101–604). of the Aviation Safety and Capacity —Construct Public Facilities Within the Expansion Act of 1990 (Title IX of the North Terminal (Phase III) DATES: Proposals may be submitted to Omnibus Budget Reconciliation Act of —Purchase Snow Removal Equipment the address below at until the 1990) (Public Law 101–508) and Part —Rehabilitate Airport Access Road solicitation closes on August 30, 1996. 158 of the Federal Aviation Regulations —Purchase Disable Passenger Chairlift ADDRESSES: Inquiries or requests for a (14 CFR Part 158). Class or classes of air carriers which solicitation and application material DATES: Comments must be received on the public agency has requested not be should be directed to: Grants Officer, or before March 14, 1996. required to collect PFCs: None. AAR–201, Office of Research and ADDRESSES: Comments on this Any person may inspect the Technology Applications, FAA application may be mailed or delivered application in person at the FAA office Technical Center, Building 270, Room in triplicate to the FAA at the following listed above under ‘‘FOR FURTHER B115, Atlantic City International address: Mr. Elonza Turner, Beckley INFORMATION CONTACT’’ and at the FAA Airport, New Jersey 08405; Voice: (609) Airports Field Office, Main Terminal Regional Airports Office located at: 485–8410; Fax: (609) 485–6509. Building, 469 Airport Circle, Beaver, Fitzgerald Federal Building, John F. Kennedy International Airport, Jamaica, SUPPLEMENTARY INFORMATION: West Virginia 25813–6216. In addition, one copy of any NY 11430. Background comments submitted to the FAA must In addition, any person may, upon be mailed or delivered to Mr. William request, inspect the application, notice Title IX, The Aircraft Safety and and other documents germane to the Capacity Expansion Act of 1990 (Public Plutt, Airport Manager of the Morgantown Municipal Airport at the application in person at the City of Law 101–508), Section 9205, states its Morgantown. purpose is ‘‘to conduct aviation research following address: Morgantown into areas deemed by the Administrator Municipal Airport, Morgantown, West Issued in Jamaica, New York on February to be required for the long-term growth Virginia 26505. 5, 1996. of civil aviation.’’ The Catastrophic Air carriers and foreign air carriers Anthony P. Spera, Failure Prevention Research Grant may submit copies of written comments Acting Manager, Airports Division, Eastern Program, Section 9208, directs the FAA previously provided to the City of Region. ‘‘to conduct aviation research relating to Morgantown under section 158.23 of [FR Doc. 96–3177 Filed 2–12–96; 8:45 am] Part 158. development of technologies and BILLING CODE 4910±13±M methods to assess the risk and prevent FOR FURTHER INFORMATION CONTACT: Mr. defects, failures, and malfunctions of Elonza Turner, Beckley Airports Field products, parts, processes, and articles Office, Main Terminal Building, 469 Research and Special Programs manufactured for use in aircraft, aircraft Airport Circle, Beaver, West Virginia Administration engines, propellers, and appliances 25813–6216 (Tel. 304–252–6216). The Office of Hazardous Materials Safety; which could result in a catastrophic application may be reviewed in person Notice of Applications for Exemptions failure of an aircraft.’’ And the Aviation at this same location. Security Grant Program (Public Law SUPPLEMENTARY INFORMATION: The FAA AGENCY: Research and Special Programs 101–604) provides for grants for ‘‘the proposes to rule and invites public Administration, DOT. conduct of research, development, and comment on the application to impose ACTION: List of Applicants for implementation of technologies and and use the revenue from a PFC at Exemptions. procedures to counteract terrorist act Morgantown Municipal Airport under against civil aviation.’’ the provisions of the Aviation Safety SUMMARY: In accordance with the A detailed description of specific and Capacity Expansion Act of 1990 procedures governing the application research areas, additional requirements, (Title IX of the Omnibus Budget for, and the processing of, exemptions and selection criteria are set out in the Reconciliation Act of 1990) (Public Law from the Department of Transportation’s solicitation: Grants for Aviation 101–508) and Part 158 of the Federal Hazardous Materials Regulations (49 Research, Solicitation 96.1. Aviation Regulations (14 CFR Part 158). CFR Part 107, Subpart B), notice is On January 11, 1996, the FAA hereby given that the Office of Dated: January 30, 1996. determined that the application to Hazardous Materials Safety has received Andres G. Zellweger, impose and use the revenue from a PFC the applications described herein. Each Director, Office of Aviation Research. submitted by the City of Morgantown mode of transportation for which a [FR Doc. 96–3176 Filed 2–12–96; 8:45 am] was substantially complete within the particular exemption is requested is BILLING CODE 4910±13±M requirements of section 158.25 of Part indicated by a number in the ‘‘Nature of 5598 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Application’’ portion of the table below ADDRESS COMMENTS TO: Dockets Unit, addressed stamped postcard showing as follows: 1—Motor vehicle, 2—Rail Research and Special Programs the exemption application number. freight, 3—Cargo vessel, 4—Cargo Administration, U.S. Department of FOR FURTHER INFORMATION CONTACT: aircraft only, 5—Passenger-carrying Transportation, Washington, DC 20590. aircraft. Comments should refer to the Copies of the applications are available application number and be submitted in for inspection in the Dockets Unit, DATES: Comments must be received on triplicate. If confirmation of receipt of Room 8426, Nassif Building, 400 7th or before March 14, 1996. comments is desired, include a self- Street SW., Washington, DC.

NEW EXEMPTIONS

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

11596±N Matheson Gas Products, 49 CFR 173.314 ...... To authorize the transportation in commerce of hy- Secaucus, NJ. drogen sulfide german contained in IMO/IMDG approved containers. (Modes 1, 3). 11600±N Strombecker Corporation, Chi- 49 CFR 172.101 ...... To authorize the transportation in commerce of toy cago, IL. caps as ORM±D consumer commodity instead of Division 1.4S. (Modes 1, 2, 3, 4). 11609±N Rubbermaid Commercial Products 49 CFR 171.8, 172.101 Col. 8(c), To authorize the manufacture, mark and sale of Inc., Winchester, VA. 172.197, 178.803, 178.810± specially designed trucks for use in transporting 178.819. regulated medical waste. (Mode 1). 11613±N Monsanto Co., St. Louis, MO ...... 49 CFR 174.67(i) ...... To authorize rail cars to remain connected during entire unloading process without the physical presence of an unloader. (Mode 2). 11615±N Allied-Signal Aerospace Co., Kan- 49 CFR 178.65, 178.65±11, To authorize an alternative testing method for DOT- sas City, MO. 178.65±12. Specification 39 (non-reusable/non-refillable cyl- inders) used as part of specially designed equip- ment for use in transporting various hazardous materials (Mode 1). 11619±N Univ. of New Hampshire, Durham, 49 CFR 173.304, 178.36 ...... To authorize the transportation in commerce of the NH. Solar Energetic Particle Ionic Charge Analyzer (SEPICA) which contains isobutane, a Division 2.1 material, in non-DOT specification containers. (Mode 1). 11620±N Advanced Monobloc Corp., Her- 49 CFR 173.306(3)(ii) ...... To authorize the manufacture, mark and sale of mitage, PA. non-DOT specification cylinders which are com- parable to a DOT Specification 39 cylinder for the transportation of refrigerant gas 134A, Division 2.2 (Modes 1, 2, 3, 4). 11621±N Aerojet Industrial Products, North 49 CFR 172.101(i), 173.301(h), To authorize the manufacture, mark and sale of Las Vegas, NV. 173.302(a), 173.34(e). non-DOT Specification cylinders as permanently mounted equipment for use in transporting non- liquefied compressed gases Division 2.2 (Mode 1). 11622±N Monsanto Co., St. Louis, MO ...... 49 CFR 173.35(b) ...... To authorize the transportation in commerce of re- used flexible intermediate bulk containers used to ship up to 1200 lbs. per container of Class 9 granular solids. (Mode 1). 11624±N Laidlaw Environmental Services, 49 CFR 173.173(b)(2) ...... To authorize the transportation in commerce of Inc., Columbia, SC. household hazardous waste identified as paint or paint related material, Class 3 material, in quan- tities greater than those presently authorized. (Mode 1). 11625±N Exxon Chemical Co., Baytown, TX 49 CFR 173.34(e)(10) ...... To authorize an alternative testing schedule for DOT Specification 4BW240 cylinders from 5 to 8 years when used in corrosive service. (Mode 1). 11626±N DeVibiss Health Care, Inc., Ft. 49 CFR 178.57±8(b) ...... To authorize the transportation of non-DOT speci- Pierce, FL. fication vacuum insulated cylinders similar to 4L for use in transporting oxygen for ambulatory pa- tients. (Modes 1, 2, 3, 4, 5). 11627±N Propack Inc., Essington PA ...... 49 CFR 173.227(a) ...... To authorize the transportation in commerce of toxic liquid, corrosive inorganic, n.o.s. PIH, Zone B ma- terial for shipment in composite packaging. (Mode 1). 11631±N Health Care Incinerators, Fargo, 49 CFR 106, 107, 171±180, 171.8, To authorize the transportation of specially designed ND. 172.101 Col. 8(c), 173.197. containers for use in transporting medical waste in bulk. (Mode 1). Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5599

NEW EXEMPTIONSÐContinued

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

11634±N Avon Products, Inc., New York, 49 CFR 173.24a(a)(3) ...... To authorize the transportation in commerce of ma- NY. terials classed as ORM±D consumer commodities without inner packagings being packed, secured and cushioned to control their movement within the outer packaging. (Modes 1, 2). 11635±N SEAS Pure Gas Inc., San Luis 49 CFR 173.212 ...... To authorize the transportation in commerce of a Obispo, CA. specially designed argon gas purifier containing a flammable solid, inorganic, n.o.s. Division 4.1. (Modes 1, 3, 4).

This notice of receipt of applications applications to become a party to an numbers with the suffix ‘‘M’’ denote a for new exemptions is published in exemption. modification request. Application accordance with Part 107 of the numbers with the suffix ‘‘P’’ denote a SUMMARY: Hazardous Materials Transportations In accordance with the party to request. These applications procedures governing the application Act (49 U.S.C. 1806; 49 CFR 1.53(e)). have been separated from the new for, and the processing of, exemptions applications for exemptions to facilitate Issued in Washington, DC, on February 7, from the Department of Transportation’s processing. 1995. Hazardous Materials Regulations (49 DATES: Comments must be received on J. Suzanne Hedgepeth, CFR Part 107, Subpart B), notice is or before February 28, 1996. Director, Office Hazardous Materials, hereby given that the Office of Exemptions and Approvals. Hazardous Materials Safety has received ADDRESS COMMENTS TO: Dockets Unit, Research and Special Programs [FR Doc. 96–3116 Filed 2–12–96; 8:45 am] the applications described herein. This notice is abbreviated to expedite Administration, U.S. Department of BILLING CODE 4910±60±M docketing and public notice. Because Transportation, Washington, DC 20590. the sections affected, modes of Comments should refer to the application number and be submitted in Office of Hazardous Materials Safety; transportation, and the nature of triplicate. If confirmation of receipt of Notice of Applications for Modification application have been shown in earlier Federal Register publications, they are comments is desired, include a self- of Exemptions or Applications To addressed stamped postcard showing Become a Party to an Exemption not repeated here. Requests for modifications of exemptions (e.g. to the exemption number. FOR FURTHER INFORMATION: AGENCY: Research and Special Programs provide for additional hazardous Copies of the Administration, DOT. materials, packaging design changes, applications are available for inspection additional mode of transportation, etc.) in the Dockets Unit, Room 8426, Nassif ACTION: List of applications for are described in footnotes to the Building, 400 7th Street SW., modification of exemptions or application number. Application Washington, DC.

Application Renewal of No. Applicant exemption

8196±M Compagnie Des Containers Reservoirs, 92975 Paris La Defense 2 Cedex, FR (See Footnote 1) ...... 8196 9266±M Compagnie Des Containers Reservoirs, 92975 Paris La Defense 2 Cedex, FR (See Footnote 2) ...... 9266 9778±M Western Atlas International, Houston, TX (See Footnote 3) ...... 9778 10239±M Allied Signal Inc., Morristown, NJ (See Footnote 4) ...... 10239 10511±M Schlumberger Technology Corporation, Houston, TX (See Footnote 5) ...... 10511 11215±M Orbital Sciences Corp., Dulles, VA (See Footnote 6) ...... 11215 11571±M AlliantTechsystems Inc., New Brighton, MN (See Footnote 7) ...... 11571 11588±M Browning-Ferris Industries, Washington, DC (See Footnote 8) ...... 11588 (1) To modify the exemption to provide for the transportation of trifluorochlorethylene, Division 2.3 in non-DOT specification portable tanks equipped with insulation system. (2) To modify the exemption to provide for the transportation of trifluorochlorethylene, Division 2.3, in non-DOT specification IMO Type 5 port- able tanks equipped with insulation system. (3) To modify the exemption to provide for an additional size non-DOT specification cylinder for the use transporting sulfur hexafloride, Division 2.2. (4) To modify the exemption to provide for Class 8 material as an additional class of material for shipment in DOT 111A100W5 tank cars equipped with surge baffle in the safety vent assembly. (5) To modify the exemption to provide for additional designed shipping vessels for use in transporting sulfur hexafluoride, classed in Division 2.2. (6) To modify the exemption to provide for a cross country flight of a rocket configuration (pegasus), containing a Division 1 material, secured beneath a L±1011 aircraft. (7) To reissue exemption originally issued on an emergency basis to authorize the transportation of Division 4.1 material in bulk in DOT Speci- fication MC307 and MC312 cargo tanks. (8) To reissue exemption originally issued on an emergency basis to authorize the offering and transportation in commerce to certain cultures and stocks of infectious substances, as related medical waste, under the requirements of Sections 173.134 and 173.197.

Application Parties to number Applicant exemption

6670±P Solkatronic Chemicals, Fairfield, NJ ...... 6670 8236±P United Technologies Corp.ÐChemical Systems Div., San Jose, CA ...... 8236 5600 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

Application Parties to number Applicant exemption

8451±P Eagle-Picher Industries, Inc., Joplin, MO ...... 8451 8453±P Dyno Southeast, Inc., Whitesburg, GA ...... 8453 8723±P ETI Export, Inc., Wilmington, DE ...... 8723 8723±P ETI Explosives Technologies International, Inc., Wilmington, DE ...... 8723 8915±P Solkatronic Chemicals, Fairfield, NJ ...... 8915 9723±P Eagle Environmental Services, Corp., Barceloneta, PR ...... 9723 9723±P Crown Trucking Company, Inc., Oklahoma City, OK ...... 9723 9723±P Envirosolve Waste Services, Inc., Tulsa, OK ...... 9723 9723±P Dillard Environmental Services, Byron, CA ...... 9723 9723±P Envirosolve Southwest, Inc., Albuquerque, NM ...... 9723 9723±P Dynecol, Inc., Detroit, MI ...... 9723 9769±P ECOFLO, Inc., Greensboro, NC ...... 9769 9769±P Inland Waters Pollution Control, Inc., Detroit, MI ...... 9769 9769±P City Environmental, Inc., Detroit, MI ...... 9769 9769±P Universal Waste and Transit, Inc., Tampa, FL ...... 9769 9781±P U.S. Department of Energy, Germantown, MD ...... 9781 10441±P ECOFLO, Inc., Greensboro, NC ...... 10441 10441±P Eagle Environmental Services, Corp., Barceloneta, PR ...... 10441 10818±P T.J. Egan Waste Systems, Bloomfield, NJ ...... 10818 10933±P ECOFLO, Inc., Greensboro, NC ...... 10933 10933±P Eagle Environmental Services, Corp., Barceloneta, PR ...... 10933 10949±P Dynecol, Inc., Detroit, MI ...... 10949 10996±P Kosdon Enterprises of Ventura, California, Ventura, CA ...... 10996 11043±P ECOFLO, Inc., Greensboro, NC ...... 11043 11088±P Advanced Materials Laboratories, Inc., Forest Hills, NY ...... 11088 11109±P Alaska-Pacific Powder Company, Olympia, WA ...... 11109 11156±P Econex North Incorporated, Standish, MI ...... 11156 11197±P IT Corporation, Inc., Torrance, CA ...... 11197 11200±P U.S. Department of Defense, Falls Church, VA ...... 11200 11207±P Central Louisiana Electric Co., Inc., Pineville, LA ...... 11207 11241±P Hoechst Celanese Chemical Group, Ltd., Dallas, TX ...... 11241 11373±P Environmental Transport Systems, Jamestown, ND ...... 11373 11454±P Olin Corporation, East Alton, IL ...... 11454 11454±P Olin Ordnance, St. Marks, FL ...... 11454 11588±P SafeWaste Corporation, Charlotte, NC ...... 11588 11588±P T.J. Egan Waste Systems, Bloomfield, NJ ...... 11588 11588±P Health Care Waste Services, Inc., Bronx, NY ...... 11588 11588±P Micro-Med Industries, Inc., Jacksonville, FL ...... 11588 11588±P Sharps Incinerator of Fort, Inc., Fort Atkinson, WI ...... 11588 11588±P Allegro Carting & Recycling, Inc., Hoboken, NJ ...... 11588 11588±P Interboro Disposal & Recycling Corp., Hoboken, NJ ...... 11588 11588±P Oregon Refuse & Recycling Association, Salem, OR ...... 11588 11588±P Med Compliance Services, Inc. of Texas, El Paso, TX ...... 11588 11588±P Regional Carting, Inc., Keyport, NJ ...... 11588 11588±P Sci-Med Waste Systems, Inc., Glen Allen, VA ...... 11588 11588±P Biosystems, Farmingdale, NY ...... 11588 11588±P Environmental Waste Reductions, Inc., Atlanta, GA ...... 11588 11588±P Envirotech Enterprises, Inc., Tucson, AZ ...... 11588 11588±P Applied Recovery, Inc., Beaver Dam, KY ...... 11588 11588±P Bluegrass Med-Waste, Inc., Beaver Dam, KY ...... 11588 11588±P Bluegrass Med-Waste of Pa, Inc., Beaver Dam, KY ...... 11588 11588±P New York Environmental Services Corporation, Oneonta, NY ...... 11588

This notice of receipt of applications DEPARTMENT OF THE TREASURY opportunity to comment on proposed for modification of exemptions and for and/or continuing information party to an exemption is published in Bureau of Alcohol, Tobacco and collections, as required by the accordance with Part 107 of the Firearms Paperwork Reduction Act of 1995, Hazardous Materials Transportations Public Law 104–13 (44 U.S.C. Proposed Agency Information Act (49 U.S.C. 1806; 49 CFR 1.53(e)). 3506(c)(2)(A)). Currently, the Bureau of Collection Activities; Comment Issued in Washington, DC, on February 7, Request Alcohol, Tobacco and Firearms within 1996. the Department of the Treasury is J. Suzanne Hedgepeth, ACTION: Notice and request for soliciting comments concerning the comments. Claim for Drawback of Tax on Cigars, Director, Office of Hazardous Materials Cigarettes, Cigarette Papers and Exemptions and Approvals. SUMMARY: The Department of the Cigarette Tubes. [FR Doc. 96–3115 Filed 2–12–96; 8:45 am] Treasury, as part of its continuing effort BILLING CODE 4910±60±M to reduce paperwork and respondent DATES: Written comments should be burden, invites the general public and received on or before April 15, 1996 to other Federal agencies to take this be assured of consideration. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5601

ADDRESSES: Direct all written comments Proposed Agency Information Estimated Time Per Respondent: 2 to Bureau of Alcohol, Tobacco and Collection Activities; Comment hours. Firearms, Linda Barnes, 650 Request Estimated Total Annual Burden Massachusetts Avenue, NW., Hours: 600. Washington, DC 20226, (202) 927–7768. ACTION: Notice and request for comments. Request for Comments FOR FURTHER INFORMATION CONTACT: Requests for additional information or SUMMARY: The Department of the Comments submitted in response to copies of the form(s) and instructions Treasury, as part of its continuing effort this notice will be summarized and/or should be directed to Mary Lou Blake, to reduce paperwork and respondent included in the request for OMB Wine, Beer and Spirits Regulations burden, invites the general public and approval. All comments will become a Branch, 650 Massachusetts Avenue, other Federal agencies to take this matter of public record. Written NW., Washington, DC 20226, (202) 927– opportunity to comment on proposed comments should address the accuracy 8210. and/or continuing information of the burden estimates and ways to collections, as required by the minimize burden including the use of SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995, automated collection techniques or the Title: Claim for Drawback of Tax on Public Law 104–13 (44 U.S.C. use of other forms of information Cigars, Cigarettes, Cigarette Papers and 3506(c)(2)(A)). Currently, the Bureau of technology, as well as other relevant Cigarette Tubes. Alcohol, Tobacco and Firearms within aspects of the information collection OMB Number: 1512–0117. the Department of the Treasury is request. soliciting comments concerning the Form Number: ATF F 5620.7. Dated: February 6, 1996. Application for Federal Alcohol Abstract: ATF F 5620.7 (2147) Administration Act Basic Permit to John W. Magaw, documents that cigars, cigarettes, Produce, Distill, Rectify, Blend, Bottle Director. cigarette papers and tubes were shipped and Warehouse, Wholesale or Import. [FR Doc. 96–3155 Filed 2–12–96; 8:45 am] to a foreign country, Puerto Rico, the DATES: Written comments should be BILLING CODE 4810±31±P Virgin Islands or a possession of the received on or before April 15, 1996 to United States and that the tax was be assured of consideration. already paid on these tobacco articles. Proposed Agency Information ADDRESS: ATF F 5620.7 (2147) is the claim form Direct all written comments to Collection Activities; Comment that a person who paid the tax on the Bureau of Alcohol, Tobacco and Request articles uses to file for a drawback or Firearms, Linda Barnes, 650 refund for the tax that has already been Massachusetts Avenue, NW., ACTION: Notice and request for paid. Washington, DC 20226, (202) 927–7768. comments. FOR FURTHER INFORMATION CONTACT: Current Actions: There are no changes Requests for additional information or to this information collection and it is SUMMARY: The Department of the copies of the form(s) and instructions being submitted for extension purposes Treasury, as part of its continuing effort should be directed to Robert Ruhf, Tax only. to reduce paperwork and respondent Compliance Branch, 650 Massachusetts burden, invites the general public and Type of Review: Extension. Avenue, NW., Washington, DC 20226, other Federal agencies to take this Affected Public: Business or other for- (202) 927–8220. opportunity to comment on proposed profit. SUPPLEMENTARY INFORMATION: and/or continuing information Estimated Number of Respondents: Title: Application for Federal Alcohol collections, as required by the 288. Administration Act Basic Permit to Paperwork Reduction Act of 1995, Estimated Time Per Respondent: 30 Produce, Distill, Rectify, Blend, Bottle Public Law 104–13 (44 U.S.C. minutes. and Warehouse, Wholesale or Import. 3506(c)(2)(A)). Currently, the Bureau of OMB Number: 1512–0089. Alcohol, Tobacco and Firearms within Estimated Total Annual Burden Form Number: ATF F 5100.24. the Department of the Treasury is Hours: 144. Abstract: ATF F 5100.24 is completed soliciting comments concerning the Request for Comments by persons intending to engage in the Withdrawal of Spirits, Specially business involving beverage alcohol Denatured Spirits, or Wines for Comments submitted in response to operations at distilled spirits plants and Exportation. this notice will be summarized and/or bonded wineries. The information included in the request for OMB allows ATF to identify the applicant DATES: Written comments should be approval. All comments will become a and the location of the business and to received on or before April 15, 1996 to matter of public record. Written determine whether the applicant be assured of consideration. comments should address the accuracy qualifies for a basic permit under the ADDRESSES: Direct all written comments of the burden estimates and ways to Federal Alcohol Administration Act. to Bureau of Alcohol, Tobacco and minimize burden including the use of Current Actions: The revision Firearms, Linda Barnes, 650 automated collection techniques or the proposed for ATF F 5100.24 eliminates Massachusetts Avenue, NW., use of other forms of information a number of information collection Washington, DC 20226, (202) 927–7768. technology, as well as other relevant items, clarifies instructions and aspects of the information collection simplifies filing. As a result, we expect FOR FURTHER INFORMATION CONTACT: request. that it will take about one-third less Requests for additional information or copies of the form(s) and instructions Dated: February 6, 1996. time for applicants to complete. Type of Review: Revision. should be directed to Mary Lou Blake, John W. Magaw, Affected Public: Business or other for- Wine, Beer and Spirits Regulations Director. profit. Branch, 650 Massachusetts Avenue, [FR Doc. 96–3156 Filed 2–12–96; 8:45 am] Estimated Number of Respondents: NW., Washington, DC 20226, (202) 927– BILLING CODE 4810±31±P 300. 8210. 5602 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

SUPPLEMENTARY INFORMATION: Alcohol, Tobacco and Firearms within Proposed Agency Information Title: Withdrawal of Spirits, Specially the Department of the Treasury is Collection Activities; Comment Denatured Spirits, or Wines for soliciting comments concerning the Request Exportation. Report of Theft or Loss—Explosive Materials. ACTION: Notice and request for OMB Number: 1512–0190. comments. Form Number: ATF F 5100.11. DATES: Written comments should be Abstract: ATF F 5100.11 is completed received on or before April 15, 1996 to SUMMARY: The Department of the by exporters to report the withdrawal of be assured of consideration. Treasury, as part of its continuing effort spirits, denatured spirits, and wines ADDRESSES: Direct all written comments to reduce paperwork and respondent from internal revenue bonded premises, burden, invites the general public and without payment of tax for direct to Bureau of Alcohol, Tobacco and Firearms, Linda Barnes, 650 other Federal agencies to take this exportation, transfer to a foreign trade opportunity to comment on proposed zone, customs manufacturer’s bonded Massachusetts Avenue, NW., Washington, DC 20226, (202) 927–7768. and/or continuing information warehouse or customs bonded collections, as required by the warehouse or for use as supplies on FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, vessels or aircraft. Requests for additional information or Public Law 104–13 (44 U.S.C. Current Actions: There are no changes copies of the form(s) and instructions 3506(c)(2)(A)). Currently, the Bureau of to this information collection and it is should be directed to Dottie Morales, Alcohol, Tobacco and Firearms within being submitted for extension purposes Firearms and Explosives Operations the Department of the Treasury is only. Branch, 650 Massachusetts Avenue, soliciting comments concerning the Type of Review: Extension. NW., Washington, DC 20226, (202) 927– Marks on Wine Containers. Affected Public: Business or other for- 8576. DATES: Written comments should be profit. SUPPLEMENTARY INFORMATION: Estimated Number of Respondents: received on or before April 15, 1996, to 300. Title: Report of Theft or Loss- be assured of consideration. Estimated Time Per Respondent: 1 Explosive Materials. ADDRESSES: Direct all written comments hour. OMB Number: 1512–0185. to Bureau of Alcohol, Tobacco and Estimated Total Annual Burden Form Number: ATF F 5400.5. Firearms, Linda Barnes, 650 Hours: 6,000. Abstract: Losses or theft of explosives Massachusetts Avenue, NW., Washington, DC 20226, (202) 927–7768. Request for Comments: must, by statute, be reported within 24 hours of the discovery of the loss or FOR FURTHER INFORMATION CONTACT: Comments submitted in response to theft. This form contains the minimum Requests for additional information or this notice will be summarized and/or information necessary for ATF to copies of the form(s) and instructions included in the request for OMB initiate criminal investigations. should be directed to David Brokaw, approval. All comments will become a Current Actions: There are no changes Wine, Beer and Spirits Regulations matter of public record. Written to this information collection and it is Branch, 650 Massachusetts Avenue, comments should address the accuracy being submitted for extension purposes NW., Washington, DC 20226, (202) 927– of the burden estimates and ways to only. 8210. minimize burden including the use of Type of Review: Extension. automated collection techniques or the SUPPLEMENTARY INFORMATION: Affected Public: Business or other for- use of other forms of information Title: Marks on Wine Containers. profit. technology, as well as other relevant OMB Number: 1512–0503. aspects of the information collection Estimated Number of Respondents: Recordkeeping Requirement ID request. 250. Number: ATF REC 5120/3. Dated: February 6, 1996. Estimated Time Per Respondent: 1 Abstract: ATF requires that wine on hour and 48 minutes. John W. Magaw, wine premises be identified by Estimated Total Annual Burden statements of information on labels or Director. Hours: 450. contained in marks. ATF uses this [FR Doc. 96–3157 Filed 2–12–96; 8:45 am] Request for Comments information to validate the receipts of BILLING CODE 4810±31±P excise tax revenue by the Federal Comments submitted in response to government. Consumers are provided this notice will be summarized and/or Proposed Agency Information with adequate identifying information. included in the request for OMB Current Actions: There are no changes Collection Activities; Comment approval. All comments will become a to this information collection and it is Request matter of public record. Written being submitted for extension purposes ACTION: Notice and request for comments should address the accuracy only. comments. of the burden estimates and ways to Type of Review: Extension. minimize burden including the use of Affected Public: Business or other for- SUMMARY: The Department of the automated collection techniques or the profit. Treasury, as part of its continuing effort use of other forms of information Estimated Number of Respondents: to reduce paperwork and respondent technology, as well as other relevant 1,560. burden, invites the general public and aspects of the information collection Estimated Total Annual Burden other Federal agencies to take this request. Hours: 1 hour. opportunity to comment on proposed and/or continuing information Dated: February 6, 1996. Request for Comments collections, as required by the John W. Magaw, Comments submitted in response to Paperwork Reduction Act of 1995, Director. this notice will be summarized and/or Public Law 104–13 (44 U.S.C. [FR Doc. 96–3158 Filed 2–12–96; 8:45 am] included in the request for OMB 3506(c)(2)(A)). Currently, the Bureau of BILLING CODE 4810±31±P approval. All comments will become a Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5603 matter of public record. Written record. If the applicant is found not to FOR FURTHER INFORMATION CONTACT: comments should address the accuracy be qualified, the permit may be denied. Requests for additional information or of the burden estimates and ways to Current Actions: There are no changes copies of the form(s) and instructions minimize burden including the use of to this information collection and it is should be directed to Tami Light, Wine, automated collection techniques or the being submitted for extension purposes Beer and Spirits Regulations Branch, use of other forms of information only. 650 Massachusetts Avenue NW., technology, as well as other relevant Type of Review: Extension. Washington, DC 20226, (202) 927–8210. aspects of the information collection Affected Public: Business or other for- SUPPLEMENTARY INFORMATION: request. profit. Title: Application for Operating Dated: February 6, 1996. Estimated Number of Respondents: Permit Under 26 U.S.C. 5171(d). OMB Number: 1512–0195. John W. Magaw, 5,000. Estimated Time Per Respondent: 2 Form Number: ATF F 5110.25. Director. hours. Abstract: ATF F 5110.25 is completed [FR Doc. 96–3159 Filed 2–12–96; 8:45 am] Estimated Total Annual Burden by proprietors of distilled spirits plants BILLING CODE 4810±31±P Hours: 10,000. who engage in certain specified types of activities. ATF personnel use the Request for Comments information on the form to identify the Proposed Agency Information Comments submitted in response to applicant, the location of the business Collection Activities; Comment this notice will be summarized and/or and the types of activities to be Request included in the request for OMB conducted. Current Actions: There are no changes ACTION: Notice and request for approval. All comments will become a to this information collection and it is comments. matter of public record. Written comments should address the accuracy being submitted for extension purposes SUMMARY: The Department of the of the burden estimates and ways to only. Treasury, as part of its continuing effort minimize burden including the use of Type of Review: Extension. Affected Public: Business or other for- to reduce paperwork and respondent automated collection techniques or the burden, invites the general public and profit. use of other forms of information Estimated Number of Respondents: other Federal agencies to take this technology, as well as other relevant opportunity to comment on proposed 80. aspects of the information collection Estimated Time Per Respondent: 15 and/or continuing information request. minutes. collections, as required by the Dated: February 6, 1996. Estimated Total Annual Burden Paperwork Reduction Act of 1995, Hours: 20. Public Law 104–13 (44 U.S.C. John W. Magaw, 3506(c)(2)(A)). Currently, the Bureau of Director. Request for Comments [FR Doc. 96–3160 Filed 2–12–96; 8:45 am] Alcohol, Tobacco and Firearms within Comments submitted in response to the Department of the Treasury is BILLING CODE CODE: 4810±31±P this notice will be summarized and/or soliciting comments concerning the included in the request for OMB Personnel Questionnaire-Alcohol and approval. All comments will become a Tobacco Products. Proposed Agency Information Collection Activities; Comment matter of public record. Written DATES: Written comments should be Request comments should address the accuracy received on or before April 15, 1996, to of the burden estimates and ways to be assured of consideration. ACTION: Notice and request for minimize burden including the use of ADDRESSES: Direct all written comments comments. automated collection techniques or the to Bureau of Alcohol, Tobacco and use of other forms of information Firearms, Linda Barnes, 650 SUMMARY: The Department of the technology, as well as other relevant Massachusetts Avenue, NW., Treasury, as part of its continuing effort aspects of the information collection Washington, DC 20226, (202) 927–7768. to reduce paperwork and respondent request. burden, invites the general public and FOR FURTHER INFORMATION CONTACT: DATED: February 6, 1996. other Federal agencies to take this Requests for additional information or opportunity to comment on proposed John W. Magaw, copies of the form(s) and instructions and/or continuing information Director. should be directed to David Brokaw, collections, as required by the [FR Doc. 96–3161 Filed 2–12–96; 8:45 am] Wine, Beer and Spirits Regulations Paperwork Reduction Act of 1995, BILLING CODE 4810±31±P Branch, 650 Massachusetts Avenue, Public Law 104–13 (44 U.S.C. NW., Washington, DC 20226, (202) 927– 3506(c)(2)(A)). Currently, the Bureau of 8210. Alcohol, Tobacco and Firearms within OFFICE OF THE UNITED STATES SUPPLEMENTARY INFORMATION: the Department of the Treasury is TRADE REPRESENTATIVE Title: Personnel Questionnaire- soliciting comments concerning the Alcohol and Tobacco Products. [Docket No. 301±98] OMB Number: 1512–0034. Application for Operating Permit Under Form Number: ATF F 5000.9. 26 U.S.C. 5171(d). Section 304 Determinations: Certain Abstract: The information on ATF F DATES: Written comments should be Discriminatory Canadian 5000.9 enables ATF to determine received on or before April 15, 1996, to Communications Practices be assured of consideration. whether or not an applicant for an AGENCY: Office of the United States alcohol or tobacco permit meets the ADDRESSES: Direct all written comments Trade Representative. minium qualifications. The form to Bureau of Alcohol, Tobacco and ACTION: Notice of determinations. identifies the individual, residence, Firearms, Linda Barnes, 650 business background and financial Massachusetts Avenue, NW., SUMMARY: The United States Trade sources for business and criminal Washington, DC 20226, (202) 927–7768. Representative (USTR) has determined 5604 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices pursuant to section 304(a)(1)(A)(ii) of for U.S.-owned programming services to the Trade Act that certain acts, policies the Trade Act of 1974 (19 U.S.C. distribute in Canada via cable carriage and practices of the Government of 2414(a)(1)(A)(ii)) that certain acts, and in the termination of the Canada with respect to the granting or policies and practices of the authorization of a U.S.-owned termination of authorizations for U.S.- Government of Canada with respect to programming service are unreasonable owned programming services to be the granting or termination of or discriminatory and burden or restrict distributed in Canada via cable carriage authorizations for U.S.-owned U.S. commerce. By Federal Register deny market access for such services programming services to be distributed notice dated February 10, 1995 (60 FR and are unreasonable and in Canada via cable carriage deny 8101), the USTR requested public discriminatory and constitute a burden market access for such services and are comment on the issues raised in the or restriction on U.S. commerce. unreasonable and discriminatory and investigation, including on (i) the acts, Pursuant to the policy set forth in Public constitute a burden or restriction on policies and practices that are the Notice CRTC 1984–81 of the Canadian U.S. commerce. The USTR has further subject of the investigation, (ii) the Radio-television and determined pursuant to section amount of burden or restriction on U.S. Telecommunications Commission 304(a)(1)(B) of the Trade Act that, as commerce caused by them, (iii) the (CRTC), the CRTC may terminate commercial negotiations to restore the determinations required under section authorizations of non-Canadian-owned market access previously denied a U.S. 304 of the Trade Act, and (iv) programming services which, in the programming service are ongoing and appropriate action under Section 301 CRTC’s opinion, could be considered the Government of Canada has taken no which could be taken in response. either totally or partially competitive subsequent action to terminate the Numerous comments were received in with existing or newly-available authorizations of other U.S.-owned response. Canadian-owned programming services. programming services in Canada, the Pursuant to section 303(a) of the On June 6, 1994, following a regulatory appropriate action at this time is to Trade Act, the USTR requested proceeding to consider new applications direct the Section 301 Committee to consultations with the Government of for authority to distribute programs over recommend the implementation of Canada concerning the issues under cable television in Canada, the CRTC at appropriate responsive action pursuant investigation. On July 22, 1995, CMT the request of NCN revoked CMT’s to section 301 should market access not and the Canadian network, New authorization to be distributed in be restored to the U.S.-owned Country Network (NCN), reached a Canada once NCN began distribution. programming service and to monitor tentative agreement to form a single NCN began distribution on January 1, pursuant to section 306 Canadian Canadian country music network, to be 1995 and, at that time, CMT was evicted Government measures with respect to called CMT: Country Music Television from the Canadian market. the restoration of this market access and (Canada), which if it were to become (2) U.S. Action with respect to the granting or final and be approved by the Canadian termination of authorizations for other Government, could result in the As negotiations to restore the market U.S.-owned programming services in restoration of CMT’s market access and access previously denied a U.S. Canada. resolution of this dispute. To date the programming service are ongoing and DATES: The sections 304 determinations parties have not reached a final the Government of Canada has taken no were made and the investigation was agreement. subsequent action to terminate the terminated on February 6, 1996. Section 304(a)(1)(A) of the Trade Act authorizations of other U.S.-owned ADDRESSES: Office of the United States requires the USTR to determine whether programming services in Canada, the Trade Representative, 600 17th Street any act, policy or practice of the USTR has further determined pursuant NW., Washington, DC 20508. Government of Canada described in to section 304(a)(1)(B) of the Trade Act FOR FURTHER INFORMATION CONTACT: section 301(b)(1) exists. If that that the appropriate action at this time Claude Burcky, Director for Canadian determination is affirmative, the USTR is to direct the Section 301 Committee Affairs, (202) 395–3412, or William must determine, subject to the specific to recommend the implementation of Kane, Assistant General Counsel, (202) direction of the President, what action, appropriate responsive action pursuant 395–7305. if any, is appropriate in response to any to section 301 should market access not such act, policy or practice. SUPPLEMENTARY INFORMATION: On be restored to the U.S.-owned programming service and to monitor February 6, 1995, the USTR initiated an Reasons for Determinations investigation under section 302(a) of the pursuant to section 306 Canadian Trade Act in response to a petition filed (1) Canada’s Acts, Policies and Practices Government measures with respect to on December 23, 1994, by Country Having concluded the investigation the restoration of this market access and Music Television (CMT) pursuant to undertaken pursuant to section 302 of with respect to the granting or Section 302(a) of the Trade Act to the Trade Act and on the basis of public termination of authorizations for other determine whether certain acts, policies comments received and the U.S.-owned programming services in or practices of the Government of consultations with the Government of Canada. Canada regarding the authorization for Canada, affected U.S. firms and the Irving A. Williamson, distribution via cable carriage of U.S.- relevant private sector advisory Chairman, Section 301 Committee. owned programming services that have committees, the USTR has determined [FR Doc. 96–3172 Filed 2–12–96; 8:45 am] resulted in the denial of market access pursuant to section 304(a)(1)(A)(ii) of BILLING CODE 3190±01±M 5605

Sunshine Act Meetings Federal Register Vol. 61, No. 30

Tuesday, February 13, 1996

This section of the FEDERAL REGISTER 2. Any item carried forward from a to Chairman Shirley Ann Jackson, because contains notices of meetings published under previously announced meeting. with three vacancies on the Commission, it is temporarily without a quorum. As a legal the ``Government in the Sunshine Act'' (Pub. CONTACT PERSON FOR MORE INFORMATION: L. 94-409) 5 U.S.C. 552b(e)(3). matter, therefore, the Sunshine Act does not Mr. Joseph R. Coyne, Assistant to the apply; but in the interests of openness and Board; (202) 452–3204. You may call public accountability, the Commission will (202) 452–3207, beginning at COMMODITY FUTURES TRADING COMMISSION conduct business as though the Sunshine Act approximately 5 p.m. two business days were applicable. TIME AND DATE: 10:00 a.m., Tuesday, before this meeting, for a recorded The schedule for Commission February 20, 1996. announcement of bank and bank meetings is subject to change on short PLACE: 1155 21st St., N.W., Washington, holding company applications notice. To verify the status of meetings D.C. Lobby Level Hearing Room. scheduled for the meeting. call (recording)—(301) 415–1292. STATUS: Open. Dated: February 9, 1996. CONTACT PERSON FOR MORE INFORMATION: MATTERS TO BE CONSIDERED: Jennifer J. Johnson, Bill Hill (301) 415–1661. Financial Reporting and Debt-Equity Ratio Deputy Secretary of the Board. This notice is distributed by mail to several Requirements, proposed amendments. [FR Doc. 96–3338 Filed 2–9–96; 3:51 pm] hundred subscribers; if you no longer wish First Quarter Review FY 96. BILLING CODE 6210±01±M to receive it, or would like to be added to it, Review of the Registration Fitness Program please contact the Office of the Secretary, of the National Futures Association. Attn: Operations Branch, Washington, D.C. NUCLEAR REGULATORY COMMISSION 20555 (301–415–1963). CONTACT PERSON FOR MORE INFORMATION: In addition, distribution of this meeting Jean A. Webb, 202–418–5100. DATE: Weeks of February 12, 19, 26, and notice over the internet system is available. Jean A. Webb, March 4, 1996. If you are interested in receiving this Secretary of the Commission. PLACE: Commissioners’ Conference Commission meeting schedule electronically, please send an electronic message to [FR Doc. 96–3331 Filed 2–9–96; 2:40 pm] Room, 11555 Rockville Pike, Rockville, [email protected] or [email protected]. Maryland. BILLING CODE 6351±01±M Dated: February 8, 1996. STATUS: Public. William M. Hill, Jr., FEDERAL ELECTION COMMISSION MATTERS TO BE CONSIDERED: SECY Tracking Officer, Office of the Secretary. Week of February 12 ``FEDERAL REGISTER'' NUMBER: 96–2930. [FR Doc. 96–3255 Filed 2–9–96; 8:45 am] There are no meetings scheduled for the PREVIOUSLY ANNOUNCED DATE AND TIME: Week of February 12. BILLING CODE 7590±01±M Wednesday, February 14, 1996, 10:00 a.m. Meeting Open to the Public. Week of February 19—Tentative THE FOLLOWING ITEM WAS DELETED FROM There are no meetings scheduled for the UNITED STATES POSTAL SERVICE BOARD OF THE AGENDA: Week of February 19. GOVERNORS Advisory Opinion 1996–2: Stephen M. Week of February 26—Tentative Amendment to Closed Meeting Agenda Heaton of CompuServe, Inc. Monday, February 26 ``FEDERAL REGISTER'' CITATION OF PERSON TO CONTACT FOR INFORMATION: 10:00 a.m. PREVIOUS ANNOUNCEMENTS: 61 FR 2581, Mr. Ron Harris, Press Officer, Briefing by Organization of Agreement January 26, 1996; 61 FR 3088, January Telephone: (202) 219–4155. States (Public Meeting) 30, 1996. (Contact: Kathy Schneider, 301–415–2320) Delores Hardy, PREVIOUSLY ANNOUNCED DATE OF Administrative Assistant. Tuesday, February 27 MEETING: February 5, 1996. [FR Doc. 96–3332 Filed 2–9–96; 3:07 pm] 10 a.m. CHANGE: Addition of the following item BILLING CODE 6715±01±M Briefing by Staff on Steam Generator Issues to the closed meeting agenda: (Public Meeting) Consideration of Track and Trace (Contact: Jack Strosnider, 301–415–2795) Development Testing Project. 2:00 p.m. BOARD OF GOVERNORS OF THE FEDERAL CONTACT PERSON FOR MORE INFORMATION: RESERVE SYSTEM Briefing by National Academy of Sciences on Review of Medical Use Program Thomas J. Koerber, (202) 268–4800. At its meeting on February 5, 1996, TIME AND DATE: 11:00 a.m., Tuesday, (Public Meeting) the Board of Governors of the United February 20, 1996. (Contact: Trish Holahan, 301–415–7847) States Postal Service voted unanimously PLACE: Marriner S. Eccles Federal Wednesday, February 28 to add to the agenda ‘‘Consideration of Reserve Board Building, C Street 9:30 a.m. Track and Trace Development Testing entrance between 20th and 21st Streets, Briefing by NARUC on Utility Deregulation Project,’’ and that discussion on the N.W., Washington, D.C. 20551. (Public Meeting) item was closed to the public pursuant (Contact: Spiros Droggitis, 301–415–2367) STATUS: Closed. to section 552b(c)(9)(B) of Title 5, MATTERS TO BE CONSIDERED: Week of March 4—Tentative United States Code; and section 7.3(i) of 1. Personnel actions (appointments, There are no meetings scheduled for the Title 39, Code of Federal Regulations promotions, assignments, reassignments, and Week of March 4. and that no earlier announcement was salary actions) involving individual Federal Note: The Nuclear Regulatory Commission possible. In accordance with 552b(f)(1) Reserve System employees. is operating under a delegation of authority of Title 5, United States Code, and 5606 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Sunshine Act Meetings section 7.6(a) of Title 39, Code of Federal Regulations, the General Counsel of the United States Postal Service certified that in her opinion discussion of this item could be properly closed to public observation. Thomas J. Koerber, Secretary. [FR Doc. 96–3289 Filed 2–9–96; 1:56 pm] BILLING CODE 7710±12±M

STATE JUSTICE INSTITUTE

TIME AND DATE: Friday, March 1, 1996, 9 a.m.–5 p.m. Saturday, March 2, 1996, 9 a.m.–1 p.m. PLACE: Hyatt Regency Lake Tahoe, Country Club Drive, Incline Village, NV 89450–3239. MATTERS TO BE CONSIDERED: FY 1996 grant requests and internal Institute business. PORTIONS OPEN TO THE PUBLIC: All matters other than those noted as closed below. PORTIONS CLOSED TO THE PUBLIC: Internal personnel matters; Board committee meetings. CONTACT PERSON FOR MORE INFORMATION: David I. Tevelin, Executive Director, State Justice Institute, 1650 King Street, Suite 600, Alexandria, VA 22314, (703)– 684–6100. David I. Tevelin, Executive Director. [FR Doc. 96–3285 Filed 2–9–96; 1:56 pm] BILLING CODE 6820±SC±M federal register February 13,1996 Tuesday Requirements; FinalRule Recordkeeping andReporting Consolidation ofRegulationsIncluding 50 CFRParts672and675 Administration National OceanicandAtmospheric Commerce Department of Part II 5607 5608 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

DEPARTMENT OF COMMERCE This rule consolidates several sections but similar definitions. With this of regulations in parts 672 and 675, change, only one definition exists. National Oceanic and Atmospheric corrects errors, clarifies vague text, 7. The following figures are revised: Administration removes outdated requirements, as well Figures 1a, 4a, 5a, 6, and 7, pages as simplifies and streamlines the 46961, 46966, 46968, 46970, and 46971 50 CFR Parts 672 and 675 remaining regulations, including the (page numbers refer to the document [Docket No. 950727194±6005±02; I.D. recordkeeping and reporting published on September 8, 1995, at 60 062795C] requirements. FR 46936, et seq., are revised to remove a duplicate title; Figure 2, page 46963, RIN 0648±AG54 A proposed rule addressing these concerns was published in the Federal is revised to reflect new boundaries of Groundfish of the Gulf of Alaska; Register on September 8, 1995 (60 FR the Catcher Vessel Operational Area Groundfish Fishery of the Bering Sea 46936). Public comment was invited (CVOA) as changed by a recent final and Aleutian Islands Area; through October 10, 1995. NMFS rule and also to remove a duplicate title; Consolidation of Regulations Including received 21 letters containing 50 and Figure 3a, page 46964, is revised to Recordkeeping and Reporting comments. Similar comments were add lines that reflect the boundaries of Requirements grouped together, resulting in 32 GOA reporting areas 649 and 659 and comments. The comments are also to remove a duplicate title. AGENCY: National Marine Fisheries summarized and responded to below in 8. Cross references were added to Service (NMFS), National Oceanic and the Response to Comments section. § 672.2 for the following terms: Fixed Atmospheric Administration (NOAA), gear; fishing trip. Commerce. Changes in the Final Rule From the 9. The definitions of inshore Proposed Rule ACTION: Final rule. component and offshore component are The final rule includes the following revised at § 672.2 to be consistent with SUMMARY: NMFS is consolidating and changes from the proposed rule: a recent final rule making that change. revising several sections of regulations, 1. In addition to catcher vessels less 10. Paragraph 672.4(l) is removed and including the recordkeeping and than 5 net tons (4.5 mt), catcher vessels paragraphs 672.7 (i) and (j) and 675.7 (l) reporting requirements, for use in the under 60 feet (18.3 m) length overall and (m) are revised to make allowance groundfish fisheries of the Gulf of (LOA) will not be required to maintain for the eventual reopening of the Donut Alaska (GOA) and the Bering Sea and a Daily Fishing Logbook (DFL), and Hole if an international agreement is in Aleutian Islands management area therefore will not submit the blue place under the Convention of the (BSAI). The changes made by this rule discard copy to shoreside processors, Conservation and Management of are expected to facilitate management of motherships, or buying stations. Pollock Resources in the Central Bering the groundfish fisheries, promote 2. Beginning with 1996, catcher Sea to manage pollock fisheries in the compliance with groundfish regulations, vessels delivering unsorted codends to a Donut Hole. Paragraph 672.4(m) is and facilitate enforcement efforts. This Mothership or Shoreside Processor will renumbered as 672.4(l). action is intended to further the goals be exempt from the requirement to 11. Table 2, pages 46953 and 46954, and objectives of the fishery submit a blue DFL discard logsheet with is revised to add a species code 888 for management plans (FMPs) for the the harvest. mixed species tote (for use with Product groundfish fisheries off Alaska. 3. With catcher vessels logging only Transfer Reports only). EFFECTIVE DATE: March 13, 1996. total round fish weight, documenting 12. Four product recovery rate values ADDRESSES: Individual copies of the individual fishing quota (IFQ) catch by in Table 3, page 46954, for FMP species environmental assessment/regulatory area currently is not required. To = sablefish, are corrected as follows: impact review prepared for this action promote compliance with recent H&G with roe (6) should be blank; may be obtained from Fisheries changes allowing fishing in multiple H&G western cut (7) should be 0.68; Management Division, Alaska Region, areas on the same trip, the DFL format H&G eastern cut (8) should be 0.63; and NMFS, P.O. Box 21668, Juneau, AK and procedure are changed to require H&G without tail (10) should be 0.50. 99802, Attention: Lori J. Gravel. catcher vessels to enter daily in the DFL 13. Three retainable percentage values FOR FURTHER INFORMATION CONTACT: estimated IFQ sablefish harvest amounts in Table 10, page 46959, are corrected Patsy A. Bearden, 907–586–7228. by reporting area in the ‘‘Comments’’ as follows: SUPPLEMENTARY INFORMATION: Fishing column. For basis species versus bycatch for groundfish by U.S. vessels in the 4. The processor permit application is species: exclusive economic zone (EEZ) of the revised to allow motherships and Flathead sole versus sablefish should BSAI and the GOA is managed by catcher/processors under 125 feet (38.1 be 15; NMFS in accordance with the Fishery m) LOA that process pollock in the Gulf Flathead sole versus aggregated Management Plan (FMP) for Groundfish of Alaska (GOA) and the Bering Sea and rockfish should be 15; and of the Gulf of Alaska and the Fishery Aleutian Islands (BSAI) and/or Pacific Flathead sole versus demersal shelf Management Plan for the Groundfish cod in the GOA to choose to process in rockfish (DSR) in the Southeast Outside Fishery of the Bering Sea and Aleutian either the inshore or offshore District of the Eastern Regulatory Area Islands Area. The FMPs were prepared component for the entire fishing year. of the GOA (SEEO) should be 1. by the North Pacific Fishery 5. The definition of ‘‘round-weight 14. One retainable percentage value in Management Council (Council) under equivalent’’ at § 672.2 is revised by Table 11, page 46960, is corrected as the Magnuson Fishery Conservation and changing the words, ‘‘as listed in follows: Management Act (Magnuson Act). The § 672.20(j)’’ to read ‘‘as listed in Table For basis species versus bycatch FMPs are implemented by regulations 3 of this part.’’ species: that appear at 50 CFR parts 672, 675, 6. The definition for fishing trip is Pacific Ocean perch versus Greenland and 676. General regulations that also revised at §§ 672.20(h)(2), 672.20(i)(4), turbot should be 35. govern the groundfish fisheries appear 675.20(i)(2), and 675.20(j)(4). The term, 15. A typographical error on page at 50 CFR part 620. fishing trip, formerly had two separate 46942, third column, seventh line is Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5609 corrected as follows: ‘‘weekly discard logsheet as follows: (1) Require remain blank, because reasons for production’’ should be ‘‘weekly only the last blue logsheet per fishing inactivity exist other than participation production’’ report. trip be submitted; (2) have each catcher in a non-groundfish fishery. vessel submit a blue logsheet only if Comment 6. Require catcher vessels Response to Comments discard occurs at sea; and (3) have involved in the IFQ sablefish fisheries to Catcher Vessel Daily Fishing Logbook catcher vessel submit discard data via estimate and record in the DFL the (DFL) radio to mothership. weight of IFQ sablefish brought on Comment 1. Redesign the catcher Response. The difficulties addressed board. vessel DFL format and submittal by these comments concerning Response. NMFS concurs. With procedure to: (1) Revise blue DFL submittal of the blue logsheet have been catcher vessels logging only total round corrected by the revised DFL format and logsheet delivery schedule and fish weight, documenting IFQ catch by submittal procedure as indicated in procedure for deliveries of unsorted area currently is not required. To Response to Comment 1. promote compliance with recent codends to motherships; (2) Allow Comment 3. Change position multiple entries on one DFL logsheet for changes allowing fishing in multiple reporting requirements in the DFL, areas on the same trip, the DFL format each fishing trip; (3) Determine catcher/processor DCPL, and procedure for multiple offloads of a and procedure are changed to require mothership DCPL for haul set and catcher vessels to enter daily in the DFL single catcher vessel in one day. retrieve data from degrees and minutes Response. NMFS concurs. The catcher estimated IFQ sablefish harvest amounts to degrees, minutes, and tenths of by reporting area in the ‘‘Comments’’ vessel logbook format is revised and the minutes or change to degrees, minutes, procedure for submittal of the DFL is column. and seconds to improve data used for Comment 7. Require a vessel to have revised. (1) For deliveries of unsorted Global Positioning System (GPS) a quota share on board in order to codends, the catcher vessel would be research by the Alaska Fisheries Science conduct a directed hook-and-line exempt from recording of discards in Center of spatial patterns of resource use fishery for halibut or sablefish. the DFL and submittal of the blue and the occurrence of bycatch. At the Response. ‘‘Quota share’’ refers back logsheet (discards copy) for that current level of spatial resolution, to the original percentage of sablefish or delivery. The operator of the catcher heavily fished areas have many reported Pacific halibut for which a person is vessel would check an ‘‘unsorted hauls at basically the same latitude and eligible (see § 676.20(f)). This codend’’ box on the DFL, and the blue longitude when reported in degrees and information does not need to be on logsheet would remain with the DFL. minutes. board while fishing for one of those For presorted deliveries, or in the event GOA and BSAI fishermen use one of species. However, NMFS: Requires that a catcher vessel has ‘‘bled’’ a codend two radionavigation systems: Loran C a valid IFQ permit and IFQ card in the prior to delivery to a processor, the and the GPS. Loran C, planned for name of the shareholder be onboard (see operator would check a ‘‘presorted phase-out by the U.S. Coast Guard § 676.16(c)); prohibits the retention of delivery’’ box, enter estimated amount (USCG) in the year 2000, converts to IFQ halibut or IFQ sablefish on a vessel of discards by species, and submit the latitude and longitude in degrees, in excess of the total amount of blue logsheet to the processor with each minutes, and fractions of minutes. GPS unharvested IFQ that is held by all IFQ harvest delivery. systems generally have the option to card holders aboard the vessel (see (2) and (3). Instead of requesting daily read latitude and longitude in degrees, § 676.16(d)); and provides that the IFQ information on one DFL page, the DFL minutes, seconds or fractions of assigned to a person represents the format is revised to request start and minutes. maximum amount of halibut or end dates of a fishing trip. The fishing Response. NMFS concurs. The sablefish that may be harvested by that trip date would be 1 day for those proposed rule included a revision to person (see § 676.20(f)). vessels making multiple trips in 1 day, record position in degrees, minutes, and Comment 8. Require vessels to enter or the fishing trip could be as long as seconds. However, based on discussions appropriate IFQ number(s) in the 7 days within a weekly reporting period. among NMFS management, NMFS logbooks for all hook-and-line sablefish The operator would complete one Enforcement, and the USCG, position landings. logsheet for multiple trips (offloads) in resolution finer than degrees and Response. NMFS will consider this 1 day or multiple days in one trip. In minutes will be included as an option comment with the next recordkeeping either case, the operator would submit rather than a requirement, because finer and reporting revision. only one blue logsheet to the processor resolution is not needed for Comment 9. Combine groundfish DFL for the trip (unless more than one management of groundfish quotas or for with other related recording and logsheet is used to document the trip). enforcement of fisheries regulations. reporting systems, specifically: (1) The operator of the catcher vessel still Comment 4. Revise the DFL to request Require catcher vessels involved in the would be required to account for each set-specific tally on the target species. IFQ fisheries to record in the DFL, IFQ day of the fishing year in the DFL, and This would allow the operator to use the sablefish information and IFQ permit the time periods would need to be DFL to see how each set performed and information; (2) combine groundfish consecutive in the logbook. The at what depths from beginning to end. DFL with International Pacific Halibut mothership would sort catch received Response. NMFS will consider this Commission (IPHC) halibut logbooks; from unsorted codends and record the comment with the next recordkeeping and (3) incorporate the marine mammal discarded species in the Daily and reporting revision. logbook into the DFL. Cumulative Production Logbook (DCPL) Comment 5. On the DFL, add a box Response. NMFS concurs and will as discard at sea. The precedent for in the remarks section of the ‘‘active, but consider this comment in the next allowing one or more options in the use no fishing activity’’ that says, ‘‘Non- recordkeeping and reporting revision. of a single logsheet has been groundfish fishery. No groundfish Comment 10. Add the effective date of successfully demonstrated through the retained for sale.’’ the logbooks on the front cover. use of the shoreside processor logsheet. Response. NMFS disagrees. Currently, Response. NMFS concurs. The Comment 2. Revise the DFL format the operator is requested to write the logbook covers are revised to include and procedure for submittal of a blue reason for not fishing. The box should this information. 5610 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

Comment 11. Add to vessel logbooks, (18.3 m) LOA participating in GOA or possible closures during these times by space to record the USCG BSAI groundfish fisheries. using block chart areas. documentation number, state Comment 17. Relocate paragraph Response. NMFS agrees that registration number, and the marine 672.22(d) to section 672.7 Prohibitions. utilization of groundfish data collected mammal exemption number. Response. NMFS concurs. This for monitoring of the fisheries could be Response. NMFS will consider this prohibition already appears at used for further research; however, this comment with the next recordkeeping § 672.7(c), so § 672.22(d) is removed. comment is not relevant to the and reporting revision. Comment 18. Add a species recordkeeping and reporting proposed Comment 12. Revise the logbook composition table to the regulations for rule. formats to include additional use with the annual specifications Comment 22. Change the definition of information: (1) Print the address where notice. a fishing trip for a catcher vessel. logsheet quarterly submittals must be Response. While this comment has Response. NMFS concurs, although mailed; and (2) print reporting codes, merit, NMFS is not implementing it in the definition of a fishing trip is species and product codes. this rulemaking. Currently, the species standardized rather than revised. The composition tables appear in the Response. NMFS concurs. Logbooks text of the regulations at §§ 672.20(h)(2) Federal Register each year as footnotes have been revised to include the mailing and (i)(4) and 675.20(i)(2) and (j)(4) is to Table 1 for both GOA and BSAI information on the back cover. The revised, so that a standard definition of specifications. The public can refer to reporting codes, species codes, and a fishing trip exists in both the GOA and these tables for updated species product codes are included in an BSAI. A cross reference to the term, composition upon which the interim, instruction packet enclosed in the cover fishing trip, is added at § 672.2. proposed, and final specifications are of each logbook. Comment 23. The logbook based. instructions tell how to submit quarterly Comment 13. Expand authorized gear Comment 19. Change the wording in definitions to include the definitions of logsheets for an inactive period that the condition section of Federal includes the end of one fishing quarter fixed gear, for purposes of IFQ. Fisheries Permit to make allowance for Response. The GOA and BSAI and the start of another fishing quarter. the eventual reopening of the Donut This information should be included in groundfish regulations define specific Hole to permitted vessels. groundfish gear types at 50 CFR § 672.2 the regulations. Response. NMFS agrees. The text in Response. NMFS concurs. This under the definition for authorized the condition section of the permit is language is added to the regulations at fishing gear. The term, fixed gear, is revised to allow fishing in the Donut § 672.5(a)(14)(c). defined at 50 CFR § 676.11 with respect Hole if an international agreement is in Comment 24. Allow the use of the to IFQ sablefish and IFQ halibut. A place under the Convention of the number ‘‘0’’ or the word ‘‘ZERO’’ as cross-reference for fixed gear to § 676.11 Conservation and Management of well as ‘‘NO DISCARDS’’ to account for is added to the definitions at § 672.2. Pollock Resources in the Central Bering discard species when no discards Comment 14. Add questions Sea to manage pollock fisheries in the occurred. addressing safety requirements for Donut Hole (Public Law 104–43, section Response. NMFS concurs. This fishing vessels to the Federal Fisheries 104(d)). language is added to the regulations at Permit application. These questions Comment 20. Revisions and addition § 672.5(a)(10)(iv). would be answered by operators of of maps: (1) In Figure 3, draw lines to Comment 25. For purposes of the fishing vessels required to carry reflect the bounds of GOA reporting Vessel Activity Report (VAR), why is observers under 50 CFR part 677. areas 649 and 659; (2) add a map with there a distinction made between ‘‘the Response. NMFS will consider this place names for the area around the seaward boundary of the EEZ off comment with the next recordkeeping Bering Sea and Gulf of Alaska reporting Alaska’’ and ‘‘the United States/Canada and reporting revision. area 610; and (3) add a map for Pribilof international boundary’’? Comment 15. Add target species to Islands closure area and change Response. Entering directly into the Weekly Production Report (WPR) to regulations text to refer to the figure. Alaska State waters from Canadian enhance calculation of halibut mortality Response. (1) NMFS agrees. The waters is possible, thus avoiding the for deep-water versus shallow-water figure is revised; however, the figure ‘‘seaward boundary of the EEZ off targets in the GOA and trawl fisheries in depicting the GOA is not to scale and Alaska.’’ the BSAI. merely indicates that boundaries exist Comment 26. Add a prohibition Response. NMFS disagrees. The rather than depicting accurately the against adjusting scale weights for water calculation of halibut mortality for these boundaries themselves; (2) NMFS will content of fish. targets is performed at NMFS after review this comment in the next Response. NMFS concurs; however receipt of WPR based on formulae revision of the recordkeeping and this comment will be considered in the written into the programs. reporting regulations; and (3) NMFS next revision of the recordkeeping and Comment 16. Reinstate reporting concurs; however, this comment will be reporting regulations. exemption for incidental groundfish addressed in the next revision of the Comment 27. Standardize format of catches for small boats. recordkeeping and reporting regulations as follows: (1) Capitalization Response. Adjustments in regulations. of the words: Shoreside processor, recordkeeping and reporting Comment 21. NMFS could use DFL mothership, catcher/processor, buying requirements are needed due to changes information for research purposes, for station, catcher vessel, support vessel, in regulations brought on by the IFQ example: (1) Build an adequate shelf tender vessel, processor vessel, Federal Program and the North Pacific Fisheries model distribution for depth and area Fisheries Permit number, Federal Research Plan. Because time is through use of a bar scanner to project Processor Permit number, Alaska insufficient to make these adjustments handwritten set positions and catch Department of Fish & Game (ADF&G) for 1996, regulations at 50 CFR § 672.5 performance on a chart; and (2) develop vessel number, and ADF&G processor are revised to include an exemption regional/seasonal correlatives through code; (2) the word, codend, is one word, from compliance with recordkeeping observers recording spawning times in not two; (3) standardize the use of either requirements for vessels less than 60 ft an area, then analyze the results for of the terms, shoreside processor and Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5611 shoreside processing operation; (4) Comment 32. Create provisions in the logbooks and/or additions to standardize capitalization of report regulations to deal with weekend information collected by logbooks are names. reporting where a management office minimal and are not anticipated to Response. (1) NMFS concurs; chooses to oversee the vessels reporting. significantly increase reporting burden capitalization is made consistent within Without time to complete reporting to the industry. The requirements the final rule; (2) NMFS concurs; the requirements in the management office, include: The U.S. Vessel Activities correction is made; (3) NMFS concurs, reporting would have to come straight Report, 15 minutes; Weekly Production and standardization of the terms is from the vessel. Not only is it more Report, 18 minutes; Daily Production accomplished within the breadth of this costly, it would prevent management Report, 10 minutes; Processor Product final rule. However, many other offices from being up to date on where Transfer Report, 11 minutes; the Catcher instances of the inconsistent use of the vessels are checked in and whether Vessel Logbook, 15 minutes; and shoreside processor and shoreside or not they have complied with Federal Fishing Permits, 20 minutes. processing operation occur in other regulations. Notwithstanding any other provision areas of the regulations. Because more Response. NMFS disagrees; processor of law, no person is required to respond time is needed to complete this task, vessels are required to submit timely to nor shall a person be subject to a this comment will be considered more reports. Submission of reports to NMFS penalty for failure to comply with a fully in the next revision of the will not preclude the management office collection of information subject to the recordkeeping and reporting from monitoring their vessels’ reporting. requirements of the Paperwork Reduction Act unless that collection of regulations; (4) NMFS concurs; Classification capitalization is made consistent within information displays a currently valid the final rule. The Director, Alaska Region, NMFS, OMB Control Number. Comment 28. The requirement to determined that the regulatory amendment is necessary for the List of Subjects in 50 CFR Parts 672 and disclose the number of days fished on 675 logbooks and on the WPR should conservation and management of the remain rather than be removed as GOA and BSAI management area Fisheries, Reporting and proposed, as this is an excellent cross- fisheries and it is consistent with the recordkeeping requirements. check with other reports to determine Magnuson Act and other applicable Dated: January 31, 1996. number of days fished for vessels. The laws. Gary Matlock, The Assistant General Counsel for number of days fished is important to Program Management Officer, National calculate observer coverage Legislation and Regulation of the Marine Fisheries Service. Department of Commerce certified to requirements. For the reasons set out in the Response. NMFS disagrees. Number the Chief Counsel for Advocacy of the Small Business Administration that this preamble, 50 CFR parts 672 and 675 are of days fished may be calculated from amended as follows: other information in the logbooks. rule would not have a significant Comment 29. WPRs should not list economic impact on a substantial PART 672ÐGROUNDFISH OF THE ADF&G Fish Ticket numbers, because number of small entities. The reasons GULF OF ALASKA Fish Tickets are completely voluntary were published in the notice of for processors operating in the EEZ. The proposed rule (60 FR 46936, September 1. The authority citation for part 672 Federal government cannot enforce a 8, 1995). As a result, a regulatory continues to read as follows: voluntary State of Alaska program. flexibility analysis was not prepared. Authority: 16 U.S.C. 1801 et seq. Response. Although issuance of This rule has been determined to be not significant for purposes of E.O. 2. In § 672.1, paragraph (a) is revised ADF&G Fish Tickets is voluntary for to read as follows: processors operating in the EEZ, many 12866. of those processors comply with the This rule contains collection-of- § 672.1 Purpose and scope. State of Alaska requirement. If a fish information requirements subject to the (a) Regulations in this part, along with ticket is issued, NMFS requests that the Paperwork Reduction Act. The parts 602, 620, 676, and 677 of this fish ticket number be listed on the WPR. collections of information have been chapter, implement the Fishery Comment 30. Add to the regulations approved by the Office of Management Management Plan for Groundfish of the that groundfish caught incidental to the and Budget (OMB), OMB Control Gulf of Alaska. Numbers 0648–0213 and 0648–0206. non-groundfish fishery may be retained * * * * * on board the vessel for use as bait Additional burden would result from 3. Section 672.2 is revised to read as during the period of the non-groundfish the requirements set forth for the new follows: fishery. They may not be retained after Buying Station DCL and Check-in/ closure of the non-groundfish fishery, or Check-out report, and also from § 672.2 Definitions. sold, or transferred from the vessel. revisions to existing reports. In addition to the definitions in the Response. NMFS concurs; however, An estimated additional response Magnuson Act and in § 620.2 of this this comment will be considered in the time for compliance with these new chapter, the terms used in this part have next revision of the recordkeeping and forms is expected to be between 25 the following meanings: reporting regulations. minutes and 2.0 hours annually for the Active/inactive periods—(1) Active Comment 31. Product Transfer Report operator or manager of each processor or periods—(i) Catcher Vessel. An active submittal requirements should not be Buying Station and 27 minutes for each period for a catcher vessel means a changed from 1 week to 24 hours after Catcher Vessel operator. The additional period of time when the catcher vessel the completion of the offload. annual burden to Shoreside Processors is in a reporting area (except 300, 400, Management offices need 1 week to and Buying Stations to comply with 550, or 690) or gear remains on the maintain oversight of the vessels requirements for Check-in/Check-out grounds in a reporting area (except 300, reporting. reports is estimated to average about 8 400, 550, or 690) regardless of the vessel Response. NMFS disagrees; more minutes and 6 minutes, respectively, for location. timely information is generally more each Check-in or Check-out report. (ii) Shoreside Processor, Mothership, accurate. Revisions to the format of other Catcher/Processor, and Buying Station. 5612 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

An active period for a shoreside (B) Has no parallel lines spaced closer Buying Station means a person or processor, mothership, catcher/ than 64 inches (162.6 cm), from all vessel that receives unprocessed processor, and buying station means a points on the fishing line, head rope, groundfish from a vessel for delivery at period of time when checked-in. and breast lines and extending aft to a a different location to a shoreside (2) Inactive periods—(i) Catcher section of mesh, with no stretched mesh processor or mothership and that does Vessel. An inactive period for a catcher size of less than 60 inches (152.4 cm), not process those fish. vessel means any period which does not extending aft for a distance equal to or Bycatch Limitation Zone 1 (Zone 1) qualify as an active period. greater than one half the vessel’s LOA; means that part of the Bering Sea (ii) Shoreside Processor, Mothership, (iv) Has no stretched mesh size less Subarea that is contained within the Catcher/Processor, or Buying Station. than 15 inches (38.1 cm) aft of the mesh boundaries of Statistical Areas 508, 509, An inactive period for a shoreside described in paragraph (7)(iii) of this 512, and 516 (see Figure 1 of this part). processor, mothership, catcher/ definition for a distance equal to or Bycatch Limitation Zone 2 (Zone 2) processor, or buying station means a greater than one half the vessel’s LOA; means that part of the Bering Sea period of time when not checked-in. (v) Contains no configuration Subarea that is contained within the ADF&G means the State of Alaska intended to reduce the stretched mesh boundaries of Statistical Areas 513, 517, Department of Fish and Game. sizes described in paragraphs (7) (iii) and 521 (see Figure 1 of this part). Alaska local time (A.l.t.) means the and (iv) of this definition; Catcher/Processor means a vessel that current Alaska time, either daylight (vi) Has no flotation other than floats is used for catching fish and processing savings time or standard time. capable of providing up to 200 lb (90.7 that fish. Alaska State waters means waters Catcher Vessel means a vessel that is shoreward of the exclusive economic kg) of buoyancy to accommodate the use of a net-sounder device; used for catching fish and that does not zone (EEZ) off Alaska. process on board. Aleutian Islands Subarea (AI) of the (vii) Has no more than one fishing line and one foot rope for a total of no Catcher Vessel Operational Area BSAI means that portion of the EEZ (CVOA) (see Figure 2 of this part and contained in Statistical Areas 541, 542, more than two weighted lines on the bottom of the trawl between the wing § 675.22(g) of this chapter). and 543 (see Figure 1 of this part). Central Aleutian District means that tip and the fishing circle; Authorized fishing gear means hook- part of the Aleutian Islands Subarea (viii) Has no metallic component and-line, jig, longline, longline pot, contained in Statistical Area 542 (see except for connectors (e.g., nonpelagic trawl, nontrawl, pelagic Figure 1 of this part). trawl, pot-and-line, and trawl; defined hammerlocks or swivels) or net-sounder Community Development Plan (CDP) as follows: device aft of the fishing circle and (applicable through December 31, 1998) (1) Hook-and-line means a stationary, forward of any mesh greater than 5.5 means a plan for a specific Western buoyed, and anchored line with hooks inches (14.0 cm) stretched measure; Alaska community or group of attached, or the taking of fish by means (ix) May have small mesh within 32 communities approved by the Governor of such a device; ft (9.8 m) of the center of the head rope of the State of Alaska and recommended (2) Jig means a single non-buoyed, as needed for attaching instrumentation to NMFS under §§ 675.27 and 676.24 of non-anchored line with hooks attached, (e.g., net-sounder device); and this chapter. or the taking of fish by means of such (x) May have weights on the wing Community Development Quota a device; tips; (CDQ) (applicable through December 31, (3) Longline means a stationary, (8) Pot-and-line means a stationary, 1998) means a percentage of the CDQ buoyed, and anchored line with hooks buoyed line with a single pot attached, reserve for a BSAI subarea or district as or two or more groundfish pots or the taking of fish by means of such defined at § 675.20(a)(3)(ii) of this attached, or the taking of fish by means a device; and of such a device (see § 672.24(b) or chapter that is allocated to a CDP. (9) Trawl means a conical-shaped net Community Development Quota § 675.24(b) of this chapter); that is towed through the water for (4) Longline pot means a stationary, Program (CDQ Program) (applicable catching fish or other organisms. The through December 31, 1998) means the buoyed, and anchored line with two or net accumulates its catch in the closed, more pots attached, or the taking of fish Western Alaska Community small end (usually called the codend). Development Program implemented by means of such a device; This definition includes, but is not (5) Nonpelagic trawl means a trawl under § 675.27 of this chapter. limited to, Danish and Scottish seines other than a pelagic trawl; Community Development Quota (6) Nontrawl means hook-and-line, jig, and otter trawls. Reserve (CDQ Reserve) (applicable longline, and pot-and-line gear; Bering Sea and Aleutian Islands through December 31, 1998) means one (7) Pelagic trawl means a trawl that: Management Area (BSAI) means the half of the pollock TAC that is placed (i) Has no discs, bobbins, or rollers; Bering Sea and Aleutian Islands into the reserve for each subarea and (ii) Has no chafe protection gear subareas (see Figure 1 of this part). district of the BSAI as specified at attached to the foot rope or fishing line; Bering Sea Subarea (BS) of the BSAI § 675.20(a)(3) of this chapter and that is (iii) Except for the small mesh means that portion of the EEZ contained set aside for the CDQ program. allowed under paragraph (7)(ix) of this in Statistical Areas 508, 509, 512, 513, Daily reporting period or day is the definition: 514, 516, 517, 518, 519, 521, 523, 524, period from midnight until the (A) Has no mesh tied to the fishing and 530 (see Figure 1 of this part). following midnight using Alaska local line, head rope, and breast lines with Bogoslof District means that part of time (A.l.t.). less than 20 inches (50.8 cm) between the Bering Sea Subarea contained in Directed fishing means any fishing knots, and has no stretched mesh size of Statistical Area 518 (see Figure 1 of this activity that results in the retention of less than 60 inches (152.4 cm) aft from part). an amount of a species or species group all points on the fishing line, head rope, Breast line means the rope or wire on board a vessel that is greater than the and breast lines and extending past the running along the forward edges of the maximum retainable bycatch amount for fishing circle for a distance equal to or side panels of a net, or along the that species or species group as greater than one half the vessel’s LOA; forward edge of the side rope in a rope calculated under §§ 672.20 (g) and (h) or trawl. and 675.20 (h) and (i) of this chapter. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5613

Donut Hole means international (2) For jig/troll gear, gear retrieval Logbook means Daily Cumulative waters of the Bering Sea outside the means where the jig/troll gear leaves the Production Logbook (DCPL), Daily limits of the EEZ and Russian economic water. Cumulative Logbook (DCL), or a Daily zone as depicted on the current edition (3) For hook-and-line or longline pot Fishing Logbook (DFL) required by of NOAA chart INT 813 Bering Sea gear, gear retrieval means where the last § 672.5. (Southern Part). hook-and-line or longline pot gear of a Manager, with respect to any Eastern Aleutian District means that set leaves the water, regardless of where shoreside processor or buying station, part of the Aleutian Islands Subarea the majority of the haul or set took means the individual responsible for the contained in Statistical Area 541 (see place. operation of the shoreside processor Figure 1 of this part). (4) For pot-and-line gear, gear operation or buying station. Exclusive Economic Zone (EEZ) (see retrieval means where the last pot of a Maximum sustainable yield (MSY) § 620.2 of this chapter). set leaves the water. (see part 602 of this chapter). Federal waters means waters within Governor means the Governor of the Mothership means a vessel that the EEZ off Alaska. State of Alaska. receives and processes groundfish from Fish product weight means the weight Groundfish means target species and other vessels. of the fish product in pounds or to at the ‘‘other species’’ category, specified Net-sounder device means a sensor least the nearest hundredth of a metric annually pursuant to § 672.20(a)(1) or used to determine the depth from the ton (0.01 mt). Fish product weight is § 675.20(a)(1) of this chapter. water surface at which a fishing net is based upon the number of production Gulf of Alaska (GOA) means that operating. units and the weight of those units. portion of the EEZ contained in nm means nautical mile. Production units include pans, cartons, Statistical Areas 610, 620, 630, 640, and Non-allocated or nonspecified species blocks, trays, cans, bags, and individual 650 (see Figure 3 of this part). means those fish species, other than fresh or frozen fish. The weight of a Head rope means a rope bordering the prohibited species, for which total production unit is the average weight of top front end of a trawl. allowable catch (TAC) has not been Herring Savings Area means any of representative samples of the product, specified (e.g., grenadier, prowfish, three areas in the BSAI presented in and may include additives but not lingcod). Figure 4 of this part (see also Observer means any person certified packaging. Any allowance for water § 675.21(c)(2) of this chapter for under the NMFS Observer Plan (see part added cannot exceed 5 percent of the additional closure information): 677 of this chapter). gross product weight (fish, additives, Inshore component (applicable Offshore component (applicable and water). through December 31, 1998) means the through December 31, 1998) means all Fishing activity (see definition for following three categories of the U.S. vessels not included in the definition of fishing in § 620.2 of this chapter). groundfish fishery that process pollock ‘‘inshore component’’ that process Fishing circle means the harvested in a directed fishery for pollock caught in directed fisheries for circumference of a trawl intersecting the pollock in the GOA or BSAI, or Pacific pollock in the GOA or BSAI, or Pacific center point on a fishing line, and that cod harvested in a directed fishery for cod caught in directed fisheries for is perpendicular to the long axis of a Pacific cod in the GOA, or both: Pacific cod in the GOA, or both. trawl. (1) Shoreside processing operations; Optimum yield (OY) (see §§ 672.20 Fishing day (see § 677.2 of this (2) Vessels less than 125 ft (38.1 m) in and 675.20 of this chapter). chapter). LOA, that process no more than 126 mt ‘‘Other species’’ is a category that Fishing line means a length of chain per week in round-weight equivalents of consists of groundfish species in each or wire rope in the bottom front end of an aggregate amount of those fish; and management area that are not specified a trawl to which the webbing or lead (3) Vessels that process those fish at as target species (see §§ 672.20 and ropes are attached. a single geographic location in Alaska 675.20 of this chapter). Fishing month (see §§ 672.26 or State waters (waters adjacent to the Processing, or to process, means the 675.26 of this chapter). State of Alaska and shoreward of the preparation of fish to render it suitable Fishing trip (see § 672.20(h)(2) of this EEZ) during a fishing year. For the for human consumption, industrial chapter). purposes of this definition, NMFS will uses, or long-term storage, including but Fishing year means the period of time determine the single geographic location not limited to cooking, canning, beginning at 0001 hours, A.l.t., on in a fishing year for an individual smoking, salting, drying, freezing, or January 1 and ending at 2359 hours, processor from the geographic rendering into meal or oil, but does not A.l.t., on December 31 (see §§ 672.23(a) coordinates the vessel operator reports mean icing, bleeding, heading, or and 675.23(a) of this chapter). on the check-in report (§ 672.5(h)(1) of gutting. Fixed gear (see § 676.11 of this this chapter) when that vessel first Processor Vessel means, unless chapter). engages in processing those fish. otherwise restricted, any vessel that has Foot rope means a chain or wire rope IPHC means International Pacific been issued a Federal fisheries permit attached to the bottom front end of a Halibut Commission (see part 301 of and that can be used for processing trawl and attached to the fishing line. this title). groundfish. Gear Deployment—(1) For trawl gear Joint venture processing (JVP) (see Quarter or quarterly reporting period means where the trawl gear reaches the § 611.2 of this chapter). means one of 4 successive 3-month fishing level and begins to fish. Landing means off-loading fish. periods during a calendar year, which (2) For jig/troll, hook-and-line, or Length overall (LOA) of a vessel begin at 0001 hours, A.l.t., on the first longline gear means where the gear means the horizontal distance, rounded day of each quarter, and end at 2359 enters the water. to the nearest foot, between the foremost hours, A.l.t., on the last day of each (3) For pot-and-line gear means where part of the stem and the aftermost part quarter. The 4 quarters for each year are the first pot enters the water. of the stern, excluding bowsprits, specified below: Gear Retrieval—(1) For trawl gear, rudders, outboard motor brackets, and 1st quarter: January 1 through March gear retrieval means where retrieval of similar fittings or attachments (see 31; trawl cable commences. Figure 6 of this part). 2nd quarter: April 1 through June 30; 5614 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

3rd quarter: July 1 through September regulated under this part and part 675 foreign fishing for groundfish in the 30; and of this chapter, including, but not BSAI are set forth at § 611.93 of this 4th quarter: October 1 through limited to, supplying a fishing vessel chapter. Regulations governing U.S. December 31. with water, fuel, provisions, fishing nationals fishing in the Russian fisheries Regional Director means Director, equipment, fish processing equipment are set forth in part 299 of this title. Alaska Region, National Marine or other supplies, or transporting * * * * * Fisheries Service. processed fish. The term ‘‘support (c) Domestic fishing for groundfish. Regulatory area means any of three vessel’’ does not include processor Regulations governing the conservation areas of the EEZ in the GOA (see Figure vessels or tender vessels. Target species and management of groundfish in the 3 of this part) described as follows: are those species or species groups, GOA for vessels of the United States are (1) Eastern Regulatory Area means except the ‘‘other species’’ category, for set forth at this part and parts 620, 676, Statistical Areas 640 and 650. which a TAC is specified pursuant to and 677 of this chapter. Regulations (2) Central Regulatory Area means § 672.20(a) and § 675.20(a) of this governing the conservation and Statistical Areas 620 and 630. chapter. management of groundfish in the BSAI (3) Western Regulatory Area means Tender Vessel means a vessel that is are set forth in this part and parts 620, Statistical Area 610. used to transport unprocessed fish 675, 676, and 677 of this chapter. Reporting area means any of the areas received from another vessel to a * * * * * described in Figures 1 and 3 of this part. shoreside processor, mothership, or Resident fisherman (see § 675.27(d)(7) 5. Section 672.4 is revised to read as buying station. follows: of this chapter). Total allowable catch (TAC) (see Round-weight equivalent means the §§ 672.20(a)(2) and 675.20(a)(2) of this § 672.4 Fisheries permit. weight of fish calculated by dividing the chapter). weight of the primary product made (a) General. (1) No vessel of the Transfer includes any loading, United States may be used to fish for from that fish by the standard product offloading, shipment or receipt of any recovery rate for that primary product as groundfish in the GOA or in the BSAI groundfish product, including unless the owner first obtains a Federal listed in Table 3 of this part, or, if not quantities transferred inside or outside listed, the weight of fish calculated by fisheries permit for the vessel issued the EEZ, within any state’s territorial under this part, except as provided in dividing the weight of a primary waters, within the internal waters of any product by the standard product paragraph (a)(2) of this section. A state, at any shoreside processor, or any Federal fisheries permit is effective only recovery rate as determined using the offsite meal reduction plant. best available evidence on a case-by- until December 31 of the year in which Trawl test areas (see Figure 7 of this it is issued. Fisheries permits are issued case basis. part and §§ 672.24(f) and 675.24(g) of Set means a string of pots or hook- without charge. this chapter). (2) Vessels of the United States that and-line gear or a group of pots that are Vessel Activity Report (VAR) (see deployed in a similar location with fish in the GOA or BSAI for any non- § 672.5(c)(5)). groundfish species, including but not similar soak time. Vessel operations category (see limited to, halibut, crab, salmon, Shoreside processor or shoreside § 672.4). scallops, and herring, and that do not processing operation, means any person Walrus Protection Areas (see retain any bycatch of groundfish are not or vessel that receives unprocessed § 675.22(f) of this chapter). groundfish, except catcher/processors, Weekly reporting period means a time required to obtain a Federal fisheries motherships, buying stations, period, which begins at 0001 hours, permit issued under this part. restaurants, or persons receiving A.l.t., Sunday morning (except during (3) This section is effective from groundfish for use as bait or personal the first week of each year, when it January 1, 1996, through December 31, consumption. starts on January 1) and ends at 2359 1998, unless otherwise specified. Unless Southeast Outside District of the GOA hours, A.l.t., the following Saturday specifically exempt under 50 CFR part means that part of the Eastern night (except during the last week of 676, the owner of a vessel of the United Regulatory Area contained in Statistical each year when it ends on December States must obtain a moratorium permit Area 650 (see Figure 3 of this part). 31). issued under 50 CFR part 676 before Statistical area means the part of any West Yakutat District of the GOA using the vessel to conduct directed reporting area defined in Figures 1 and means that part of the Eastern fishing for moratorium groundfish 3 of this part, contained in the EEZ. Regulatory Area of the GOA contained species, as defined at § 676.2 of this Steller Sea Lion Protection Areas (for in Statistical Area 640 (see Figure 3 of chapter, in the GOA or BSAI. The owner BSAI, see Tables 4 and 5 of this part, this part). of a vessel of the United States that is §§ 672.24(e) and 675.24(f) of this Western Aleutian District means that not required to have a moratorium chapter) and § 227.12 of this title; (for part of the Aleutian Islands Subarea permit, because the vessel is specifically GOA, see Table 6 of this part). contained in Statistical Area 543 (see exempt under § 676.3 of this chapter, Stem means the forward part of a Figure 1 of this part). must obtain a fisheries permit issued vessel; that portion of the vessel where Wing tip means the point where under this part before using the vessel the sides are united at the fore end with adjacent breast lines intersect or where to fish for groundfish in the GOA or the lower end attached to the keel and a breast line intersects with the fishing BSAI. Such permits shall be issued the bowsprit, if one is present, resting line. without charge. on the upper end. 4. In § 672.3, paragraphs (a) and (c) (b) Federal Fisheries Permit Stern means the aft part of the vessel. are revised to read as follows: Application—(1) Request for Stretched mesh size means the application and permit. A person may distance between opposite knots of a § 672.3 Relation to other laws. obtain an application for a Federal four-sided mesh when opposite knots (a) Foreign fishing. Regulations fisheries permit required under are pulled tautly to remove slack. governing foreign fishing for groundfish paragraph (a) of this section from: Support Vessel means any vessel that in the GOA are set forth at § 611.92 of National Marine Fisheries Service, is used in support of other vessels this chapter. Regulations governing Restricted Access Management Division, Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5615

P.O. Box 21668, Juneau, AK 99802– (iii) If a catcher vessel, whether and received by NMFS Enforcement 1668, telephone number: 800–304–4846 groundfish is retained only as bycatch Office in Juneau. or 907–586–7202. from halibut, crab, or salmon fisheries; (h) Alteration. No person may alter, (2) Completed application. (i) A and whether sablefish (black cod) is the erase, or mutilate any fisheries permit person may obtain the Federal fisheries only groundfish targeted in the GOA; issued under paragraph (a) of this permit required under paragraph (a) of (iv) If a mothership or catcher/ section. Any fisheries permit that is this section by submitting a written processor, check either inshore or intentionally altered, erased, or permit application to the address given offshore to indicate component in mutilated is invalid. in paragraph (b)(1) of this section. which Pacific cod in the GOA or pollock (i) Transfer. A fisheries permit issued (ii) The owner or operator of a vessel will be processed for the entire fishing under paragraph (a) of this section is not must answer each question on the year. transferable or assignable and is valid permit application in the manner set (6) Signature. The owner must sign only for the vessel for which it is issued. forth in paragraph (c) of this section. and date the application. (j) Inspection. (1) An original fisheries (iii) The owner or operator must mail (d) Fisheries permit issuance. (1) permit issued under paragraph (a) of completed forms to the address given in Except as provided in subpart D of 15 this section must be carried on board paragraph (b)(1) of this section or fax CFR part 904, upon receipt of a properly the vessel whenever the vessel is completed forms to: 907–586–7354. completed permit application, the fishing. Photocopied or faxed copies are (iv) The owner or operator must Regional Director will issue a fisheries not considered originals. (2) A permit issued under paragraph complete a separate application for each permit required by paragraph (a) of this (a) of this section must be presented for vessel or processor and must retain a section. inspection upon the request of any copy of each completed or revised (2) The Regional Director will send application. authorized officer. the fisheries permit to the applicant (k) Sanctions. Procedures governing (v) The owner or operator must type along with the appropriate logbooks as or print legibly the information permit sanctions and denials are found provided under § 672.5. at subpart D of 15 CFR part 904. requested on the application. (e) Vessel operations category. (1) A (3) Application deficiency. Upon (l) Moratorium permit. In addition to fisheries permit issued under paragraph receipt of an incomplete or improperly the Federal fisheries permit required by (d)(1) of this section authorizes a vessel completed fisheries permit application, paragraph (a) of this section and any to conduct operations as a catcher the Regional Director will notify the other permits that may be required by vessel, catcher/processor, mothership, applicant of the deficiency in the permit Federal or Alaska State regulations, a Tender Vessel, or support vessel. application. If the applicant fails to moratorium permit may be required by (2) A vessel may be issued a fisheries correct the deficiency, the permit will part 676 of this chapter for a vessel of permit as a support vessel or as any not be issued. No permit will be issued the United States if the vessel is used to combination of the other four categories to an applicant until a complete conduct directed fishing for moratorium (catcher vessel, catcher/processor, application is received. groundfish species, as defined at § 676.2 mothership, Tender Vessel). A vessel (c) Permit application contents. The of this chapter, in the GOA or BSAI. permitted as a catcher vessel, catcher/ owner or operator must record: 6. Section 672.5 is revised to read as (1) If application is for an amended processor, mothership, or Tender Vessel follows: permit, the current Federal Fisheries may also conduct all operations authorized for a support vessel. § 672.5 Recordkeeping and reporting. Permit number and information that has (a) Applicability and general changed. (f) Amended permit. (1) An owner or operator who applied for and received requirements—(1) Applicability. (i) (2) If for a vessel, the complete name Except as otherwise provided, this and homeport (city and state) of the a fisheries permit under this section must notify the Regional Director, in section applies to: vessel; the ADF&G Vessel number; the (A) Any catcher vessel, mothership, U.S. Coast Guard documentation writing, of any change in the information provided under paragraph catcher/processor, or Tender Vessel, 5 number or Alaska registration number; net tons or larger, which is required to the vessel’s LOA and registered net (c) of this section within 10 days of the date of that change. have a fisheries permit under § 672.4; tonnage; and the telephone, fax, and and (2) An application for an amended COMSAT (satellite communication) (B) Any shoreside processor, numbers used on board the vessel. permit must be made on the permit mothership, or buying station that (3) Shoreside Processor Information. application as set forth in paragraph (c) receives groundfish from vessels Refer to § 677.4(b) of this chapter. of this section. required to have a fisheries permit (4) Owner Information. The owner of (3) If the application is for an under § 672.4. the vessel or shoreside processor must amended fisheries permit required (ii) Catcher vessels that are less than record the owner’s name, permanent under paragraph (a) of this section and 60 ft (18.3 m) LOA, are not required to business mailing address, telephone and designates a change or addition of a comply with recordkeeping and fax numbers; and the name of any vessel operations category, the amended reporting requirements under this company (other than the owner) that permit must be on board the vessel section. manages the operations of the vessel or before the new type of operations (iii) A shoreside processor, shoreside processor. begins. mothership, or buying station subject to (5) Federal Fisheries Permit (g) Duration. (1) A fisheries permit recordkeeping and reporting Information. The owner must record: remains in effect through December 31 requirements must report all groundfish (i) The fishery or fisheries and the of the year for which it is issued unless and prohibited species received, vessel operations category for which the it is revoked, suspended, or modified including: permit would apply as set forth under under 15 CFR part 904 (Civil (A) Fish received from vessels not paragraph (e) of this section and § 672.2; Procedures), or unless it is surrendered required to have a fisheries permit; (ii) If a catcher vessel or catcher/ or invalidated. (B) Fish received under contract for processor, the gear type(s) used for (2) A fisheries permit is surrendered handling or processing for another groundfish operations; when the original permit is submitted to processor. 5616 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

(2) Responsibility. The operator of a (iii) When applicable, the operator or (A) The gear type used to harvest the catcher vessel, catcher/processor, manager must record in each report, groundfish. If a catcher vessel or mothership, or buying station delivering form, and logbook the following catcher/processor and using hook-and- to a mothership (hereafter referred to as information: line longline gear, the average number the operator) and the manager of a (A) Page number. Number the pages of hooks per skate; shoreside processor or buying station in each logbook consecutively, (B) The reporting area code where delivering to a shoreside processor beginning with page one and continuing gear retrieval was completed; whether (hereafter referred to as the manager) are throughout the logbook for the gear retrieval was in Federal or Alaska each responsible for compliance with remainder of the fishing year, except State waters; the applicable recordkeeping and that the manager of a shoreside (C) If a catcher vessel, whether a reporting requirements of this section. processor must number the DCPL pages NMFS-certified observer is on board the In addition, the owner of a vessel, within Part I and Part II separately vessel. If a catcher/processor, shoreside processor, or buying station beginning with page one; mothership, or shoreside processor, the must ensure that the operator, manager, (B) Date, presented as month-day- number of NMFS-certified observers on or designated representative (see year; board or on site; paragraph (b) of this section) complies (C) Time, in military format to the (D) The number of crew, except with these requirements and is nearest hour, A.l.t.; certified observer; (E) Whether harvest is under a CDQ responsible for compliance. (D) Position coordinates, latitude and longitude to the nearest minute program; if yes, the CDQ number; (3) Groundfish logbooks and forms. (F) If a catcher vessel or buying The Regional Director will prescribe and (optional: Record to the nearest second or fraction of minute); station, the name and ADF&G Processor provide logbooks and forms required number of the mothership or shoreside under this section as shown in Table 9 (E) Reporting area codes, given in Figures 1 and 3 of this part; processor to which groundfish of this part. The operator or manager deliveries were made; must use these logbooks and forms or (F) Species codes, each target species, the ‘‘other species’’ category, and (vi) If in an active period and not obtain approval from the Regional conducting fishing activity, the operator Director to use electronic versions of the prohibited species (see §§ 672.20(e) and 675.20(c) of this chapter), using the or manager must indicate ‘‘NO FISHING logbooks and forms. ACTIVITY’’ and briefly describe the (4) Participant identification species codes given in Table 2 of this part; reason. information. The operator or manager (8) Landings information. The must record on all required records, (G) Original/revised report. If a report is the first one submitted to the Regional manager of a shoreside processor must: reports, and logbooks: (i) Record and report groundfish Director for a given date, gear type, and (i) The name of the catcher vessel, landings by species codes and product reporting area, ‘‘ORIGINAL REPORT.’’ If catcher/processor, mothership, codes as defined in Tables 1 and 2 of shoreside processor, or buying station as report is a correction to a previously this part for each reporting area, displayed in official documentation; submitted report for a given date, gear whether from Alaska State waters or (ii) If a vessel, the Federal Fisheries type, and reporting area, ‘‘REVISED Federal waters, gear type, and CDQ Permit number and ADF&G Vessel REPORT;’’ number; (H) Metric tons. The required weight number (if applicable); (ii) Record in the DCPL each day on units used to record amounts of (iii) If a processor, the Federal the day such landings occur, the landings, product, and discards of Processor Permit number and ADF&G following additional information: groundfish and herring must be Processor number; (A) The daily combined scale weight recorded in pounds (lb) or to the nearest (iv) If a buying station, the name and of landings retained for processing from 0.01 mt on all forms and logbooks; ADF&G Vessel number (if applicable) of a catcher vessel or any associated (7) Active and inactive periods. The buying station, in pounds or to at least the buying station; the name, ADF&G operator or manager must, in the DFL, Processor number, and Federal the nearest 0.01 mt; DCL, or DCPL: (B) If more than one page is used Processor Permit number of associated (i) Account for each day of the fishing processor; during a weekly reporting period, the year by indicating active and inactive total amount of landings carried forward (v) If a shoreside processor or land- periods, as defined in § 672.2; based buying station, the geographic from the previous page; (ii) Use a separate logbook page for (C) At the end of each weekly location of operations. each day of an active period; reporting period, the cumulative total (5) Representative identification. The (iii) Indicate on one page the first and weight, calculated by adding the daily name, daytime business telephone last day of an inactive period; totals and total carried forward for that number (including area code), fax or (iv) Fishing activity. The operator or week; telex number, and the COMSAT number manager must indicate all fishing (iii) If no landings occurred, write (if applicable) of the representative; activity, which is defined for each type ‘‘NO LANDINGS’’ for that day. (6) Maintenance of records—(i) of vessel as follows: (9) Product information. The operator General. The operator or manager must (A) If a catcher vessel, harvest or or manager of a catcher/processor, maintain all records, reports, and discard of groundfish; mothership, or shoreside processor logbooks in a legible, timely, and (B) If a catcher/processor, harvest, must, where required: accurate manner; in English; if discard, or processing of groundfish; (i) Record and report groundfish handwritten, in indelible ink; if (C) If a mothership or shoreside products by species codes, product computer-generated, a printed, paper processor, receipt, discard, or codes, and product designations as copy; and based on Alaska local time. processing of groundfish; defined in Tables 1 and 2 of this part for (ii) The operator or manager must (D) If a buying station, receipt, each reporting area, whether in Alaska account for each day of the fishing year, discard, or delivery of groundfish; State waters or Federal waters, gear starting with January 1 and ending with (v) If in an active period and type, and CDQ number; December 31, and the time periods must conducting fishing activity, the operator (ii) Record in the DCPL each day on be consecutive in the logbook. or manager must record: the day such production occurs, the Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5617 daily total, balance brought forward operator or manager must record in the processor must summarize and report (except for shoreside processor), and DCL the discards and donations on the that information on a WPR identified by cumulative total fish product weight day the DFL logsheet is received from the name, Federal Processor Permit (see § 672.2) for each product of the catcher vessel; number, Federal Fisheries Permit groundfish in pounds or to at least the (vii) Catcher/Processor discards/ number (if applicable), and ADF&G nearest 0.01 mt; donations. The operator must record in Processor code of the associated (iii) If no production occurred, write the DCPL on the day such discard or business entity. ‘‘NO PRODUCTION’’ for that day. donation occurs all discards and (12) Alteration of records. (i) The (10) Discarded/donated species donations that occur prior to harvest, operator, manager, or any other person information. The manager or operator during harvest, and during processing; may not alter or change any entry or must, where required: (viii) Mothership or shoreside record in a logbook except that an (i) Record and report discards and processor discards/donations. inaccurate or incorrect entry or record donations by species codes and discard (A) The operator or manager must may be corrected by lining out the product codes as defined in Tables 1 record in the DCPL on a daily basis on original and inserting the correction, and 2 of this part for each reporting the day such discard or donation occurs, provided that the original entry or area, whether in Alaska State waters or all discards and donations that occur on record remains legible. Federal waters, gear type, and CDQ site after receipt of groundfish, and all (ii) No person except an authorized number; discards and donations that occur officer may remove any original page of (ii) Record the estimated daily total, during processing of groundfish; any logbook. balance brought forward, and (B) If an unsorted codend is received (13) Inspection of records. The cumulative total round fish weight in from a catcher vessel, the catcher vessel operator or manager of a catcher vessel, the DFL, DCL, or DCPL each day on the is not required to submit a blue discard catcher/processor, mothership, or day such discards and donations occur logsheet to the mothership or shoreside shoreside processor, must make all for each discard and donation of processor. The operator or manager logbooks, reports, and forms required groundfish species, groundfish species must sort the catch received from the under paragraph (a)(3) of this section groups, and Pacific herring in pounds or unsorted codends and must record the available for inspection upon the to at least the nearest 0.01 mt; discards by species in the DCPL as request of an authorized officer. (iii) Record the estimated daily total, discard at sea on the day the harvest is (14) Submittal of logbooks, reports balance brought forward, and received from the catcher vessel; and forms—(i) Quarterly submittal of cumulative total numbers in the DFL, (C) If discards are reported on a blue logbook. (A) The operator of a catcher DCL, or DCPL each day on the day such DFL logsheet from a catcher vessel vessel, catcher/processor, mothership, discards and donations occur for each delivering a pre-sorted codend or if a or the manager of a shoreside processor discard and donation of Pacific salmon, catcher vessel reports an amount bled at must submit the yellow logsheets on a steelhead trout, Pacific halibut, king sea, the operator or manager must quarterly basis to: NMFS Alaska crab, and Tanner crab; record in the DCPL the discards on the Fisheries Science Center, Logbook (iv) If there were no discards or day the DFL logsheet is received from Program, 7600 Sand Point Way NE, donations, write ‘‘NO DISCARDS’’, ‘‘0’’, the catcher vessel. Building 4, Seattle, WA 98115. or ‘‘ZERO’’ for that day. (D) If a yellow DCL logsheet is (B) The operator or manager must (v) Catcher Vessel discards/donations. received from a buying station and submit the yellow logsheets as follows: (A) For deliveries of unsorted codends, discards and donations are reported, the First quarter, by May 1 of that year; the catcher vessel is exempt from operator or manager must record in the second quarter, by August 1 of that year; recording of discards in the DFL and DCPL the discards and donations on the third quarter, by November 1 of that from submittal of the blue logsheet day the DCL logsheet is received from year; and fourth quarter, by February 1 (discards copy) for that delivery. The the buying station; of the following year. operator is required to check the box (11) Contract processing. (i) The (C) During an inactive period that entitled, ‘‘unsorted codend’’, and the manager of a shoreside processor or extends across two or more quarters, the blue DFL logsheet (discards copy) operator of a mothership who receives operator or manager must complete two remains in the DFL; groundfish to be handled or processed separate logsheets: one to indicate the (B) For presorted deliveries or in the under contract for another processor or last day of the quarter and the next page event a catcher vessel has ‘‘bled’’ a business entity must report these fish to to indicate the first day of the next codend prior to delivery to a processor, the Regional Director consistently quarter. the operator must check the ‘‘presorted throughout a fishing year using one of (ii) Submittal of reports and forms. delivery’’ box, enter the amount of two methods: Reports and forms may be submitted by discards and donations by species, and (A) Record landings (if applicable), the operator or manager by: submit the blue DFL logsheet (discards discards, and products of contract- (A) Using the NMFS printed form and copy) to the mothership, buying station, processed groundfish routinely in the faxing it to the fax number on the form; or shoreside processor with each harvest DCPL without separate identification; or or delivery. (B) Record landings (if applicable), (B) Transmitting a data file with (vi) Buying Station discards/ discards, and products of contract- required information and forms to donations. (A) The operator or manager processed groundfish in a separate NMFS by modem or satellite must record in the DCL on a daily basis DCPL identified by the name, Federal (specifically INMARSAT standards A, on the day such discard occurs, all Processor Permit number, Federal B, or C). discards and donations that occur after Fisheries Permit number (if applicable), (15) Record retention—(i) Original receipt of harvest from a catcher vessel and ADF&G Processor code of the Copy. (A) The operator of a catcher and prior to delivery to a mothership or associated business entity; vessel, catcher/processor, or mothership shoreside processor; (ii) If contract-processed groundfish and the manager of a shoreside (B) If a blue DFL logsheet is received records are kept separate from the processor must retain the original from a catcher vessel and contains routine DCPL, the operator or manager (white) copy of all logbooks and a paper reports of discards or donations, the of the mothership or shoreside copy of all reports and forms, including 5618 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations those reports and forms that were or mothership operator to which (iii) If a catcher vessel, the vessel originally submitted electronically; deliveries were made. name and ADF&G vessel registration (1) On site until the end of the fishing (iv) If the mothership operator or the number. If a catcher/processor, the year during which the records were shoreside processor manager receives name, ADF&G Processor number, and made and for as long thereafter as fish fish from a buying station, the operator Federal Processor number of the or fish products recorded in the or manager must incorporate all of the catcher/processor; logbook, reports, and forms are retained; DCL information into the DCPL. (iv) The operator’s signature; (2) For 3 years after the end of the (b) Designated Representative. The (v) Active/inactive period. Whether fishing year during which the records operator or manager of a catcher vessel, catcher vessel or catcher/processor is in were made; mothership, catcher/processor, an active or inactive period as defined (B) The operator or manager of a shoreside processor or buying station at paragraph (a)(7) of this section. buying station must retain the original may identify one person to fill out and (4) The operator must record the (white) copy of all DCLs required under sign the logbook, complete the following for each haul or set: paragraph (a)(2) of this section on site recordkeeping and reporting forms, or (i) Date (month-day-year); until the buying station has concluded both, and to identify who will be the (ii) Gear deployment. The number of receiving groundfish for a shoreside contact person for inquiries from NMFS. haul or set, by sequence; begin time and processor or mothership and for as long Designation of a representative under position coordinates of gear as fish and fish products recorded in the this paragraph does not relieve the deployment; average sea depth and DCL are retained by the buying station; owner, operator, or manager of average gear depth, recorded to the (ii) Yellow DCL logsheet. When the responsibility for compliance with this nearest meter or fathom. operator of a mothership or the manager part. (iii) Gear retrieval. The date, time, and of a shoreside processor submits on a (c) Catcher Vessel DFL and Catcher/ position coordinates of gear retrieval. If quarterly basis to NMFS, the yellow Processor DCPL—(1) Requirement. (i) the vessel is using longline hook-and- DCL logsheets received from associated The operator of each catcher vessel or line gear, the number of skates set. If the buying stations per paragraph (a)(14) of catcher/processor subject to this part vessel is using longline pot or single pot this section, the operator or manager must: gear, the total number of pots set. must retain a photocopy of the yellow (A) Answer each question on the DFL (iv) The estimated total round fish DCL logsheets until the original DCL is or DCPL in the manner set forth under weight of the groundfish catch; and received from the associated buying paragraphs (c)(3) through (7) of this (v) The species code of the intended station operator or manager. section; and target species from Table 2 of this part. (iii) Blue DFL logsheet. (A) The (vi) The estimated IFQ sablefish (B) Submit the DFL or DCPL in the operator of a mothership and the amounts in the ‘‘comments’’ column. manner set forth under paragraphs manager of a shoreside processor must (5) The operator must record discard/ (a)(14) and (c)(2) of this section. retain the blue DFL logsheets (discard donation information as defined at (ii) Pair trawl. If two catcher vessels reports) submitted to them by operators paragraph (a)(10) of this section. are dragging a trawl between them (pair of catcher vessels through the last day (6) If a catcher vessel, the operator trawl), a separate DFL must be of the fishing year during which the must record: maintained by each of the vessels. Each records were made. (i) The date of delivery. (B) The operator or manager of a vessel operator must log the amount of (ii) The name, ADF&G processor code, buying station must submit to the the catch retained by that vessel and any and ADF&G fish ticket number(s) mothership or shoreside processor any fish discarded by the vessel. provided by the manager or operator of blue logsheets (discards copy) received (2) Time limit and submittal. (i) The the mothership, shoreside processor, or from catcher vessels delivering operator must record in the DFL or buying station. groundfish to the buying station. DCPL, the time, position, and estimated (7) If a catcher/processor, the operator (iv) Pink DCL logsheet. The operator groundfish catch weight within 2 hours must record product information as set or manager of a buying station must after gear retrieval; forth at paragraph (a)(9) of this section. retain the pink DCL logsheets for 3 years (ii) The operator must record all other (d) Buying station DCL—(1) after the end of the fishing year during information required in the DFL or Requirement. The operator or manager which the records were made. DCPL by noon of the day following gear of each buying station subject to this (16) Integration of Buying Station retrieval if a catcher vessel or by noon part must: records. (i) The operator or manager of of the day following completion of (i) Answer each question on the DCL a buying station must maintain a production if a catcher/processor; in the manner set forth under separate DCL for each shoreside (iii) The operator of a catcher vessel paragraphs (d) (3) through (5) of this processor or mothership to which the must submit the blue DFL logsheets section; and buying station delivers groundfish with delivery of the harvest to the (ii) Submit the DCL in the manner set during a fishing year. operator or manager of the buying forth under paragraphs (d)(2) and (ii) The operator or manager of a station, mothership, or shoreside (a)(14), respectively, of this section. buying station must submit upon processor; (2) Time limits. (i) The operator or delivery of catch, the yellow DCL (iv) Notwithstanding other time manager must record entries in the DCL logsheets, to the shoreside processor or limits, the operator of a catcher vessel as to catcher vessel delivery information mothership to which it delivers must record all information required in within 2 hours after completion of groundfish, along with the blue DFL the DFL within 2 hours after the vessel’s receipt of the groundfish. logsheets and ADF&G fish tickets or catch is offloaded; (ii) All other information required in catch receipts for that delivery. (3) The operator must record on each the DCL must be recorded by noon of (iii) Upon conclusion of receiving page: the day following the day the receipt of groundfish for a shoreside processor or (i) Page number as defined at groundfish was completed or discard mothership, the buying station operator paragraph (a)(6)(i) of this section; occurred. or manager must submit the original (ii) The start date and end date of the (3) The operator or manager must DCL to the shoreside processor manager fishing trip; record for each page: Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5619

(i) Page number as defined at (i) Whether delivery is from a catcher (v) The total scale weight of paragraph (a)(6)(i) of this section; vessel or a buying station; groundfish delivery in pounds or to the (ii) The date; (ii) The name and ADF&G vessel nearest 0.01 mt; (iii) The buying station name and, if registration number (if applicable) of the (vi) The ADF&G fish ticket number a vessel, the ADF&G Vessel number; catcher vessel or buying station issued to the catcher vessel delivering (iv) The operator’s or manager’s delivering the groundfish; groundfish. If a fish ticket is not issued, signature. (iii) The time and position record the catch receipt number of the (v) Active/inactive period. Whether coordinates of the mothership when transaction. buying station is in an active or inactive groundfish catch is received; (5) Landings information (Part IC). period as defined at paragraph (a)(7) of (iv) The estimated total round fish The manager must record: this section. weight of the groundfish catch; (i) The date next to the appropriate (vi) The name and ADF&G processor (v) The ADF&G fish ticket number day of the week (SUN through SAT); code of the mothership or shoreside issued to each catcher vessel delivering (ii) Landings information as defined at processor to which groundfish groundfish. If a fish ticket is not issued, paragraph (a)(8) of this section. deliveries were made; record the catch receipt number of the (6) Discarded/donated species (vii) The number of crew; transaction. information (Part ID). The manager must (4) The operator or manager must (5) The operator must record discard/ record: record the following information for donation information as defined at (i) The date next to the appropriate each delivery of groundfish: paragraph (a)(10) of this section. day of the week (SUN through SAT); (i) The ADF&G fish ticket number (6) The operator must record product (ii) Discard information as defined at issued to each catcher vessel delivering information as defined at paragraph paragraph (a)(10) of this section. (7) Part II. The manager must record: groundfish. If a fish ticket was not (a)(9) of this section. (i) Page numbers must be consecutive issued, the catch receipt number of the (f) Shoreside Processor DCPL—(1) within Part II, beginning with page one transaction; Requirement. The manager of each for the first day product was produced (ii) Whether blue DFL logsheets were shoreside processor subject to this part after the start of the fishing year and received from catcher vessel; must: continuing throughout the section for (iii) The time when receipt of (i) Answer each question on the DCPL the remainder of the fishing year; groundfish catch was completed; in the manner set forth under (ii) The name, ADF&G processor code (iv) The name and ADF&G vessel paragraphs (f)(3) through (f)(7) of this number, and Federal Processor number registration number of the catcher vessel section; of shoreside processor; delivering the groundfish; (ii) Submit the DCPL in the manner (iii) The signature of the manager. (v) The total groundfish delivery set forth under paragraphs (f)(2) and (iv) Product information. (A) The weight. (a)(14) of this section. week-ending date; (5) The operator or manager must (2) Time limits. (i) The manager must (B) The management area (BSAI or record discard/donation information as record in the DCPL all catcher vessel or GOA); defined at paragraph (a)(10) of this buying station delivery information (C) The date next to the appropriate section. within 2 hours after completion of the day of the week (SUN through SAT); (e) Mothership DCPL—(1) groundfish receipt. (D) Product information as defined at Requirement. The operator of each (ii) All other information required in paragraph (a)(9) of this section. mothership subject to this part must: the DCPL must be recorded by noon of (g) Groundfish Product Transfer (i) Answer each question on the DCPL the day following the day the catch Report (PTR)—(1) Requirement. (i) The in the manner set forth under receipt, discard, or production occurred. operator of a mothership or catcher/ paragraphs (e) (3) through (6) of this (3) Part IA. The operator must record processor or the manager of a shoreside section; and on each page: processor must record each transfer of (ii) Submit the DCPL in the manner (i) Page number. If page is for an groundfish product on a separate PTR. set forth under paragraphs (e)(2) and individual day, the date. If page is for (ii) The operator or manager must (a)(14), respectively, of this section. 1 week, week-ending date. See also answer each question on the PTR in the (2) Time limits. (i) The operator must paragraph (a)(6)(iii) of this section; manner set forth under paragraphs (g)(3) record entries in the DCPL as to catcher (ii) Participant identification through (g)(6) of this section for each vessel or buying station delivery information as defined at paragraph transfer of groundfish or groundfish information within 2 hours after (a)(4) of this section; product and must submit the PTR in the completion of the groundfish receipt. (iii) The signature of the manager; manner set forth under paragraph (g)(2) (ii) All other information required in (iv) Whether the shoreside processor of this section. the DCPL must be recorded by noon of is in an active or inactive period as (iii) Shoreside Processor transfer to the day following the day the catch defined at paragraph (a)(7) of this offsite meal reduction plant. The receipt, discard, or production occurred. section. manager of a shoreside processor must (3) The operator must record on each (4) Delivery information (Part IB). The report on a PTR those fish products page: manager must record the following which are subsequently transferred to (i) Page number as defined at information for each delivery: an offsite meal reduction plant; paragraph (a)(6) of this section; (i) Date and time when receipt of (iv) Transfer of groundfish for bait. (ii) The date; groundfish catch was completed; The operator or manager must report on (iii) The name, ADF&G Processor (ii) Whether delivery is from catcher a PTR, daily sales or transfer of number, and Federal Processor number; vessel or buying station; groundfish to vessels for bait. Individual (iv) The operator’s signature. (iii) Whether blue DFL logsheets were sales of groundfish for bait purposes (v) Whether mothership is in an active submitted by catcher vessel; during a day may be aggregated when or inactive period as defined at (iv) The name and ADF&G vessel recording the amount of product leaving paragraph (a)(7) of this section. registration number (if applicable) of the a facility that day. (4) The operator must record for each catcher vessel or buying station (2) Time limits and submittal. The delivery: delivering the groundfish; operator or manager must: 5620 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

(i) Record all product transfer (1) If shipment is an individual van must submit the Check-in/Check-out information on a PTR within 2 hours of load or flight, the date and time when Report in the manner set forth under the completion of the transfer; each shipment leaves the plant; paragraph (h)(2) of this section; (ii) Submit a copy of each PTR to the (2) If shipment involves multiple vans (B) If a mothership or shoreside Regional Director to fax number 907– or trucks, the date and time when processor, and groundfish receipt and 586–7313 within 24 hours of loading of vans or trucks is completed processing are completed, the operator completion of transfer. for each day; or manager must answer each question (3) The operator or manager must (3) If shipment involves air freight, on a Check-out report in the manner set record on each page: record date and time when the last air forth in paragraphs (h)(3), (h)(5), and (i) Whether an original or revised freight shipment of the day leaves the (h)(6) of this section and must submit report, as defined at paragraph (a)(6) of plant; the Check-in/Check-out Report in the this section; (vi) Position transferred. If a catcher/ manner set forth under paragraph (h)(2) (ii) Page numbers must be numbered processor or mothership and transfer of of this section; sequentially, with the first transfer of product is made at sea, the transfer (iii) Transit between reporting areas. the fishing year as page 1 and position coordinates. If a vessel is transiting through a continuing throughout the remainder of (5) Products and quantities offloaded, reporting area and is not fishing or the fishing year; shipped, or received. receiving fish, a Check-in or Check-out (iii) If product (including raw fish) is (i) If a catcher/processor or report is not required from that area; received, ‘‘RECEIPT’’. If product mothership, the Harvest Zone code of (iv) Multiple vessel operations (including raw fish) is offloaded from a the area in which groundfish were categories. If a catcher/ processor is mothership or catcher/processor, harvested as defined in Table 8 of this functioning simultaneously as a ‘‘OFFLOAD’’. If product (including raw part; mothership in the same reporting area, (ii) The species code and product fish) is shipped from a shoreside the operator must submit a separate code for each product transferred as processor, ‘‘SHIPMENT’’; Check-in report for each vessel defined in Tables 1 and 2 of this part; (iv) Representative identification operations category. Upon completion (iii) The number of cartons or information, as defined at paragraph of each activity, the operator must production units transferred; (a)(5) of this section; submit a Check-out report for each (v) If a catcher/processor or (iv) The average net weight of one carton for each species and product vessel operations category. mothership, the participant (2) Time limits and submittal—(i) identification information as defined at code in kilograms or pounds; (v) The total net weight (fish product Check-in report. (A) The operator of a paragraph (a)(4) of this section and catcher/processor must submit by fax a USCG documentation number. If a weight, to the nearest 0.01 mt) of the products transferred; Check-in report (BEGIN message) to the shoreside processor, the participant Regional Director at fax number 907– identification information as defined at (6) If a catcher/processor or mothership, whether transfer is a total 586–7131 before commencing any paragraph (a)(4). harvest of groundfish. (4) Transfer information. The operator or partial offload. If partial offload, the (B) The operator or manager of a or manager must record the following total fish product weight, to the nearest mothership, shoreside processor, or information for each transfer: 0.01 mt, of the products (by harvest buying station must submit by fax a (i) If another vessel is involved with zone, species and product codes) Check-in report (BEGIN message) to the the transfer, the name and call sign of remaining on board after this transfer; Regional Director at fax number 907– the vessel receiving or delivering (h) Check-in/Check-out Report—(1) 586–7131 before commencing any groundfish or groundfish products; Requirement—(i) Check-in report (ii) If a mothership or catcher/ (BEGIN Message). Before a catcher/ receipt of groundfish. processor and the transfer takes place in processor commences harvest of (ii) Check-out report. (A) For a port, the port of landing and country, if groundfish in Alaska State or Federal catcher/processor, mothership, or a foreign location; waters of any reporting area except 300, buying station, the operator must submit (iii) If transfer is made to an agent, the 400, 550, or 690 or before a mothership, by fax a Check-out report (CEASE agent’s name. For purposes of this part, shoreside processor or buying station message) to the Regional Director at fax agent is defined as the transport commences receipt of groundfish from number 907–586–7131 within 24 hours company, the buyer, or the distributor; Alaska State or Federal waters of any after leaving either the Alaska State or (iv) Intended first destination of reporting area except 300, 400, 550, or Federal part of a reporting area. product. (A) If an offload or shipment, 690, the operator or manager must (B) For a shoreside processor, the the intended destination of vessel or answer each question on the Check-in/ manager must submit by fax a Check-out agent receiving groundfish or Check-out Report in the manner set report (CEASE message) to the Regional groundfish product. If receipt, not forth under paragraphs (h)(3), (h)(4), and Director at fax number 907–586–7131 applicable; (h)(6) of this section; and must submit within 48 hours after the end of the (B) If an offload or shipment has the Check-in/Check-out Report in the applicable weekly reporting period that several destinations, the primary or first manner set forth under paragraph (h)(2) a shoreside processor ceases to process intended destination; of this section. groundfish for the fishing year or has (C) If offload or shipment is going to (ii) Check-out report (CEASE not processed groundfish for more than a single agent and initial destination but Message). (A) If a catcher/ processor one weekly reporting period; requires loading on multiple vans, departs a reporting area or moves (3) The operator or manager must trucks, or airline flights, the transfer between Alaska State and Federal record on each page: may be recorded on a single PTR page; waters in a reporting area, and gear (i) Whether it is an original or revised (v) Date and time of product retrieval is complete from that area, the report as defined at paragraph (a)(6) of transfer—(A) Start date. The date and operator or manager must answer each this section; time the transfer starts; question on a Check-out report in the (ii) Participant identification (B) Finish date. The date and time the manner set forth in paragraphs (h)(3), information as defined at paragraph transfer is completed; (h)(5), and (h)(6) of this section and (a)(4) of this section; Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5621

(iii) Representative identification manager of a mothership, catcher/ avoid exceeding a groundfish TAC or information as defined at paragraph processor, or shoreside processor must prohibited species bycatch allowance, (a)(5) of this section; answer each question on the WPR in the NMFS may require submission of DPRs (iv) For a mothership or catcher/ manner set forth in paragraphs (i)(3) for reporting one or more specific processor, the processor type and gear through (i)(7) of this section for any species, in addition to a WPR. NMFS type used to harvest the groundfish. If week the mothership, catcher/processor, will publish a document in the Federal groundfish are received by a mothership or shoreside processor is checked in Register specifying the fisheries that in the same reporting area from more pursuant to paragraph (h)(1)(i) of this require DPRs and the effective dates that than one gear type, or if groundfish are section and must submit a WPR in the submittal of DPRs is required. caught by a catcher/ processor in the manner set forth in paragraph (i)(2) of (2) Requirement. (i) If a catcher/ same reporting area using more than one this section. processor, mothership, or shoreside gear type, the operator must submit a (ii) Multiple vessel operations processor is checked in to the specified separate form for each gear type; categories. The operator of a vessel that reporting area and is harvesting, (v) Whether harvest is under a CDQ is authorized to conduct operations as receiving, processing, or discarding the Program; if yes, the CDQ number; both a catcher/processor and as a specified species or is receiving reports (vi) If a buying station, the number of mothership must submit separate WPRs from a catcher vessel of discard at sea crew on the last day of the reporting to report production and discard as a of the specified species, the operator or week. catcher/processor and production and manager must submit a DPR. (4) BEGIN Message. The operator or discard as a mothership. (ii) The operator of a mothership or manager must record: (2) Time limits and submittal. The catcher/processor or manager of a (i) For a catcher/processor, date and operator or manager must submit a WPR shoreside processor must: time that gear is deployed. For a by fax to the Regional Director at fax (A) Answer each question on the DPR mothership, date and time that receipt number 907–586–7131 by 1200 hours, in the manner set forth in paragraphs of groundfish begins; A.l.t., on the Tuesday following the end (j)(4) through (j)(7) of this section; (ii) For a catcher/processor, position of the applicable weekly reporting (B) Submit the DPR in the manner set coordinates where gear is set. For a period. forth in paragraph (j)(3) of this section; mothership, position coordinates where (3) The operator or manager must (C) Use a separate DPR for each gear groundfish receipt is begun; record on each page: type, processor type, and CDQ number. (iii) For a catcher/processor, the (i) Whether an original or revised (3) Time limit and submittal. The reporting area code of gear deployment report, as defined at paragraph (a)(6) of operator or manager must submit a DPR and whether gear deployment was in this section; by fax to the Regional Director at fax Federal or Alaska State waters. For a (ii) Participant identification number 907–586–7131 by 1200 hours, mothership or buying station, the information as defined at paragraph A.l.t., the day following each day of reporting area code where groundfish (a)(4) of this section; landings, discard, or production. receipt begins and whether receipt of (iii) Representative identification (4) The operator or manager must groundfish occurred in Federal or information as defined at paragraph record on each page: Alaska State waters; (a)(5) of this section and date WPR was (i) Whether it is an original or revised (iv) For a shoreside processor, the completed; report as defined at paragraph (a)(6) of date receipt of groundfish will begin; (iv) If a mothership or catcher/ this section; whether checking in for first time in processor, the processor type and gear (ii) Participant identification fishing year or checking in to restart type used to harvest the groundfish; information as defined at paragraph receipt and processing of groundfish (v) Whether harvest is under a CDQ (a)(4) of this section and processor type; after filing a Check-out report; Program; if yes, the CDQ number; (iii) Representative identification (v) For a mothership or catcher/ (vi) The week-ending date; information as defined at paragraph processor, the primary and secondary (vii) The primary and secondary target (a)(5) of this section; species expected to be harvested. For a codes for the next week; (iv) The gear type used to harvest the buying station, the intended primary (viii) If a mothership or catcher/ groundfish, date landings were received, target expected to be harvested. A processor, the number of crew on the and Federal reporting area where change in intended target species within last day of the reporting week; landings were harvested; the same reporting area does not require (4) Landings information. If a (v) Whether harvest is under a CDQ a new BEGIN message. shoreside processor, see landings Program; if yes, the CDQ number. (5) CEASE Message. The operator or information requirements at paragraph (5) Landing information. If a shoreside manager must report: (a)(8) of this section. processor, see landings information (i) If a mothership or catcher/ (5) Discarded/donated species requirements at paragraph (a)(8) of this processor, the date, time and position information (Part ID). For discard/ section. coordinates where the vessel departed donate information requirements, see (6) Product information. For a the reporting area or moved to Federal paragraph (a)(10) of this section. mothership or catcher/ processor, see waters from Alaska State waters within (6) Product information. For product product information requirements at a reporting area, or vice versa; information requirements, see at paragraph (a)(9) of this section. (ii) If a shoreside processor or buying paragraph (a)(9) of this section. (7) Discard/donate information. For station, the date that receipt of (7) Catcher Vessel delivery discard/donate information groundfish ceased. information. If ADF&G fish tickets are requirements, see paragraph (a)(10) of (6) Fish or fish product held at plant. issued by the mothership or shoreside this section. For a shoreside processor, the weight of processor, list the fish ticket numbers (k) U.S. Vessel Activity Report the fish or fish products in pounds or to issued to catcher vessels for the weekly (VAR)—(1) Requirement. The operator the nearest 0.01 mt by species and reporting period. of a catcher vessel, a catcher/processor, product codes. (j) Daily Production Report (DPR)—(1) or a mothership regulated under this (i) Weekly Production Report (WPR)— Notice. If the Regional Director part that crosses the seaward boundary (1) Requirement. (i) The operator or determines that DPRs are necessary to of the EEZ off Alaska or crosses the 5622 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

United States/Canada international (i) Except as authorized by permit (2) * * * boundary between Alaska and British issued pursuant to the section of the (i) Directed fishing allowance— Columbia must answer each question on Donut Hole Convention implementing Applicable after December 31, 1998. the VAR in the manner set forth in legislation authorizing the Secretary to *** paragraphs (k)(3) and (k)(4) of this issue Donut Hole fishing permits (Public (ii) Directed fishing allowance— section and must submit a VAR in the Law 104–43, section 104(d)), it is Applicable through December 31, 1998. manner set forth in paragraph (k)(2) of unlawful for any person to fish in the *** this section. Donut Hole from a vessel for which a (e) * * * (2) Time limits and submittal. The Federal fisheries permit has been issued (1) Prohibited species, for the purpose operator must submit a VAR by fax to pursuant to section 672.4 of this part of this part, means any of the species of NMFS Alaska Enforcement Division at during the year for which the permit Pacific salmon (Oncorhynchus spp.), fax number 907–586–7313 before the was issued; steelhead trout (Oncorhynchus mykiss), vessel crosses the seaward boundary of (j) Except as authorized by permit Pacific halibut (Hippoglossus the EEZ off Alaska or the U.S./Canada issued pursuant to the section of the stenolepis), Pacific herring (Clupea international boundary between Alaska Donut Hole Convention implementing harengus pallasi), king crab and British Columbia. legislation authorizing the Secretary to (Paralithodes spp. and Lithodes spp.), (3) The operator must record on each issue Donut Hole fishing permits (Public and Tanner crab (Chionoecetes spp.) page: Law 104–43, section 104(d)), it is caught by a vessel regulated under this (i) Whether an original or revised unlawful for any person to possess part while fishing for groundfish in the report as defined at paragraph (a)(6) of within the EEZ fish harvested from the GOA, unless retention is authorized by this section; Donut Hole on board a vessel for which other applicable laws, including the (ii) Participant identification a Federal fisheries permit has been Pacific Halibut Fishery Regulations (part information as defined at paragraph issued pursuant to section 672.4 of this 301 of this title). (a)(4) of this section; (iii) Representative identification part during the year for which the * * * * * information as defined at paragraph permit was issued. (h) * * * (a)(5) of this section and date VAR was * * * * * (2) Fishing trip. For purposes of this completed; (p) Fail to comply with or fail to section, an operator of a vessel is (iv) If vessel is crossing into the ensure compliance with requirements at engaged in a fishing trip from the time seaward boundary of the EEZ off Alaska § 672.5. the harvesting, receiving, or processing or crossing the U.S./Canada (q) Use a catcher vessel or catcher/ of groundfish is begun or resumed until: international boundary between Alaska processor as a Tender Vessel before (i) The transfer or offloading of all and British Columbia, the operator must offloading all groundfish or groundfish groundfish product; indicate ‘‘return’’ report. If vessel is product harvested or processed by that (ii) The vessel leaves the area where crossing out of the seaward boundary of vessel. fishing activity commenced; or the EEZ off Alaska or crossing the U.S./ 8. In § 672.20, paragraphs (a)(1), (e)(1), (iii) The end of a weekly reporting Canada international boundary between (h)(2) and the headings for paragraphs period, whichever comes first. Alaska and British Columbia into (c)(1), (c)(2)(i), (c)(2)(ii), and paragraphs (i) * * * Canadian waters, the operator must (i)(4), and (j) are revised; headings for (1) Pollock roe. *** indicate ‘‘depart’’ report. paragraphs (c)(1)(i)(A), (i)(1), (i)(2), (2) Primary product. *** (v) Port of landing; (i)(3), and (i)(6) are added to read as set (3) Pollock product recovery rates. (vi) Whether vessel is returning from forth below. In paragraphs (g)(1) and *** fishing or departing to fish in the (g)(3) the phrase, ‘‘Table 2 to this (4) Fishing trip. For purposes of this Russian Zone; section’’ is removed and the phrase paragraph, a fishing trip is defined as set (vii) Date and time vessel will cross ‘‘Table 10 of this part’’ is added in its forth under paragraph (h)(2) of this the EEZ off Alaska or the U.S./Canada place; and tables 1 and 2 to the section section. international boundary between Alaska are removed. * * * * * and British Columbia; (6) Primary pollock product. *** § 672.20 General limitations. (viii) Latitude and longitude at the * * * * * point of crossing the EEZ off Alaska or (a) * * * (1) Optimum yield (OY). (j) Standard product types and U.S./Canada international boundary The OY for the fishery regulated by this standard product recovery rates between Alaska and British Columbia. section and by § 611.92 of this chapter (PRRS)—(1) Calculating round-weight (4) Fish or fish product on board the is a range of 116,000 to 800,000 mt for equivalents from standard PRRs. vessel when crossing the EEZ off Alaska target species and the ‘‘other species’’ Round-weight equivalents for or U.S./Canada international boundary. category in the GOA, to the extent this (i) The Harvest Zone code of the area in groundfish products are calculated amount can be harvested consistently using the product codes and standard which groundfish were harvested as with this part and part 611 of this defined in Table 8 of this part; PRRs specified in Table 3 of this part. chapter, plus the amounts of ‘‘non- (2) Adjustments to Table 3 of this (ii) The species code and product specified species’’ taken incidentally to code for each species on board as part. The Regional Director may adjust the harvest of target species and the standard PRRs and product types defined in Tables 1 and 2 of this part; ‘‘other species’’ category. The species (iii) The fish product weight of specified in Table 3 of this part if he categories are defined in Table 1 of the products on board in pounds or to the determines that existing standard PRRs specifications as provided in paragraph nearest 0.01 mt. are inaccurate or if new product types 7. In § 672.7, paragraphs (p) and (q) (c)(1) of this section. are developed. are added, and paragraphs (i) and (j) are * * * * * (3) Procedure. Adjustments to any revised to read as follows: (c) * * * (1) Proposed specifications, standard PRR listed in Table 3 of this interim harvest limits, and final part that are within and including 15 § 672.7 Prohibitions. specifications. (i) * * * (A) Proposed percent of that standard PRR may be * * * * * specifications. *** made without providing notice and Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5623 opportunity for prior public comment. year, through 2359 hours, A.l.t., (3) Type III Closures. Type III areas Adjustments of any standard PRR December 31, subject to other provisions are open to any trawl other than a during a calendar year, when aggregated of this part. pelagic trawl gear year round. with all other adjustments made during (d) Opening date for trawl groundfish. (4) Net-sounder device. *** that year, will not exceed 15 percent of Notwithstanding other provisions of this (5) Footrope of the trawl. *** part, fishing for groundfish with trawl the standard PRR listed in Table 3 of (e) Steller sea lion protection areas— gear in the Gulf of Alaska is prohibited this part at the beginning of that (1) Year-round closures. Trawling is from 0001 hours, A.l.t. on January 1 calendar year, and no new product type prohibited in the GOA within 10 nm of will be announced until NMFS through 1200 hours, A.l.t., January 20. (e) Directed fishing for pollock. the 14 Steller sea lion rookeries publishes the proposed adjustment and/ designated in Table 6a of this part. or new product type in the Federal Subject to other provisions of this part, (2) Seasonal closures. During January Register and provides the public with at directed fishing for pollock in the 1 through April 15, or a date earlier than least 30 days opportunity for public Western and Central Regulatory Areas is April 15, if adjusted under § 675.20(a)(8) comment. Any adjustment of a PRR that authorized: From 0001 hours, A.l.t., of this chapter, trawling is prohibited in acts to further restrict the fishery will January 1, through 1200 hours, A.l.t., the GOA within 20 nm of each of the not be effective until 30 days after the April 1; from 1200 hours, A.l.t., June 1, three Steller sea lion rookeries date of publication in the Federal through 1200 hours, A.l.t., July 1; from presented in Table 6b of this part. Register. If NMFS makes any 1200 hours, A.l.t., July 1, through 1200 adjustment or announcement without hours A.l.t., October 1; and from 1200 (f) * * * providing a prior notice and hours A.l.t., October 1, through 2359 (2) Trawl gear testing. *** opportunity for prior public comment, hours, A.l.t., December 31. (3) Test area criteria. *** 11. In § 672.24, paragraphs (d)(3) and the Regional Director will receive public (4) Kodiak Test Area. Trawl gear (d)(4) are redesignated as paragraphs comments on the adjustment or testing is allowed in an area (Figure 7 (d)(4) and (d)(5), respectively; headings announcement for a period of 15 days of this part) bounded by straight lines for paragraphs (c)(4), redesignated after its publication in the Federal connecting the following coordinates in paragraphs (d)(4) and (d)(5), (f)(2) and Register. the order listed at all times: (f)(3) are added; paragraph (d)(3) is § 672.22 [Amended] added; headings of paragraphs (a), (b), W. longitude N. latitude 9. In § 672.22, paragraph (d) is and (d) are revised; and paragraphs removed. (d)(1), (d)(2), (e), (f)(4), and (f)(5) are 152°02′ ...... 57°37′ revised to read as follows: 151°25′ ...... 57°37′ 10. Section 672.23 is revised to read ° ′ ° ′ as follows: 151 25 ...... 57 23 § 672.24 Gear limitations. 152°02′ ...... 57°23′ ° ′ ° ′ § 672.23 Seasons. (a) Marking of gear—longline marker 152 02 ...... 57 37 buoys. *** (a) Fishing year. Fishing for (b) Gear restrictions—pots. *** (5) Sand Point Test Area. Trawl gear groundfish is authorized from 0001 (c) * * * testing is allowed in an area (Figure 7 hours, A.l.t., January 1, through 2359 (4) Longline pot gear. *** of this part) bounded by straight lines hours, A.l.t., December 31, subject to the (d) Trawls other than pelagic trawls— connecting the following coordinates in other provisions of this part, except as Kodiak Island—(1) Type I Closures. No the order listed at all times: provided in paragraphs (c) through (e) of person may trawl in waters of the EEZ this section. within the vicinity of Kodiak Island, as W. longitude N. latitude (b) Time of openings and closures. shown in Figure 5 of this part as Type ° ′ ° ′ The time of all openings and closures of 161 00 ...... 54 50 I areas, from a vessel having any trawl 160°30′ ...... 54°50′ fishing seasons other than the beginning other than a pelagic trawl either 160°30′ ...... 54°35′ and end of the calendar fishing year is attached or on board. 161°00′ ...... 54°35′ 1200 hours, A.l.t. (2) Type II Closures. From February 161°00′ ...... 54°50′ (c) Directed fishing for trawl rockfish. 15 to June 15, no person may trawl in Directed fishing for rockfish of the waters of the EEZ within the vicinity of 12. In Part 672, figures 1 and 2 are genera Sebastes and Sebastolobus with Kodiak Island, as shown in Figure 5 of revised, figures 3 through 7 and tables trawl gear is authorized from 1200 this part as Type II areas, from a vessel 1 through 11 are added to read as hours, A.l.t., on the first day of the third having any trawl other than a pelagic follows: quarterly reporting period of a fishing trawl either attached or on board. BILLING CODE 3510±22±W 5624 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

BILLING CODE 3510±22±C Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5625

FIGURE 1.ÐBSAI STATISTICAL AND REPORTING AREAS [b. Coordinates of Reporting Areas]

Code Description

300 ...... Russian waters. Those waters inside the Russian 200 mile limit as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart INT 814 Bering Sea (Northern Part). 400 ...... Chukchi Sea. North of a diagonal line between 66°00′N, 169°42.5′W (Cape Dezhneva, Russia); and 65°37.5′N, 168°7.5′W (Cape Prince of Wales, Alaska) and to the limits of the U.S. EEZ as described in the current edition of NOAA chart INT 814 Bering Sea (Northern Part). 508 ...... South of 58° 00′ N between the intersection of 58° 00′ North lat with the Alaska Peninsula and 160° 00′ W long. 509 ...... South of 58° 00′ N lat between 163° 00′ W long and 165° 00′ W long. 512 ...... South of 58° 00′ N lat, north of the Alaska Peninsula between 160° 00′ W long and 162° 00′ W long. 513 ...... Between 58° 00′ N lat and 56° 30′ N lat, and between 165° 00′ W long and 170° 00′ W long. 514 ...... North of 58° 00′ N to the southern boundary of the Chukchi Sea, area 400, and east of 170° 00′ W long. 516 ...... South of 58° 00′ N lat, north of the Alaska Peninsula, and between 162° 00′ and 163° 00′ W long. 517 ...... South of 56° 30′ N lat, between 165° 00′ W long and 170° 00′ W long; and north of straight lines between: 54° 30′ N lat, 165° 00′ W long, 54° 30′ N lat, 167°00′ W long, and 55° 46′ N lat, 170° 00′ W long. 518 ...... Bogoslof District: South of a straight line between 55° 46′ N lat, 170° 00′ W long and 54° 30′ N lat, 167° 00′ W long, and between 167° 00′ W long and 170° 00′ W long, and north of the Aleutian Islands and straight lines between the islands connecting the fol- lowing coordinates in the order listed: 52° 49.2′ N, 169° 40.4′ W, 52° 49.8′ N, 169° 06.3′ W, 53° 23.8′ N, 167° 50.1′ W, 53° 18.7′ N, 167° 51.4′ W. 519 ...... South of a straight line between 54° 30′ N lat, 167° 00′ W long and 54° 30′ N lat, 164° 54′ W long; east of 167° 00′ W long; west of Unimak Island; and north of the Aleutian Islands and straight lines between the islands connecting the following coordinates in the order listed: 53° 59.0′ N, 166° 17.2′ W, 54° 02.9′ N, 166° 03.0′ W, 54° 07.7′ N, 165° 40.6′ W, 54° 08.9′ N, 165° 38.8′ W, 54° 11.9′ N, 165° 23.3′ W, 54° 23.9′ N, 164° 44.0′ W. 521 ...... The area bounded by straight lines connecting the following coordinates in the order listed: 55° 46′ N, 170° 00′ W, 59° 25′ N, 179° 20′ W, 60° 00′ N, 179° 20′ W, 60° 00′ N, 171° 00′ W, 58° 00′ N, 171° 00′ W, 58° 00′ N, 170° 00′ W, 55° 46′ N, 170° 00′ W. 523 ...... The area bounded by straight lines connecting the following coordinates in the order listed: 59° 25′ N, 179° 20′ W; 55° 46′ N, 170° 00′ W; 55° 00′ N, 170° 00′ W; 55° 00′ N, 180° 00′ W; and north to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 524 ...... The area west of 170° 00′ W bounded south by straight lines connecting the following coordinates in the order listed: 58° 00′ N, 170° 00′ W, 58° 00′ N, 171° 00′ W; 60° 00′ N, 171° 00′ W; 60° 00′ N, 179° 20′ W; 59° 25′ N, 179° 20′ W and to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 530 ...... The area north of 55° 00 N lat and west of 180° 00 W long to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 541 ...... Eastern Aleutian District. The area south of 55° 00′ N lat, west of 170° 00′ W long, and east of 177° 00′ W long and bounded on the south by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 542 ...... Central Aleutian District. The area south of 55° 00′ N lat, west of 177° 00′ W long, and east of 177° 00′ E long and bounded on the south by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 543 ...... Western Aleutian District. The area south of 55° 00′ N lat and west of 177° 00′ E long, and bounded on the south and west by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 550 ...... Donut Hole. International waters of the Bering Sea outside the limits of the EEZ and Russian economic zone as depicted on the current edition of NOAA chart INT 813 Bering Sea (Southern Part). Statistical Area. A statistical area is the part of a reporting area contained in the EEZ.

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FIGURE 3.ÐGULF OF ALASKA STATISTICAL AND REPORTING AREAS [b. Coordinates of Reporting Areas]

Code Description

610 ...... Western Regulatory Area, Shumagin District. Along the south side of the Aleutian Islands and straight lines between the islands and the Alaska Peninsula connecting the following coordinates in the order listed: 52° 49.2′ N, 169° 40.4′ W; 52° 49.8′ N, 169° 06.3′ W; 53° 23.8′ N, 167° 50.1′ W; 53° 18.7′ N, 167° 51.4′ W; 53° 59.0′ N, 166° 17.2′ W; 54° 02.9′ N, 166° 03.0′ W; 54° 07.7′ N, 165° 40.6′ W; 54° 08.9′ N, 165° 38.8′ W; 54° 11.9′ N, 165° 23.3′ W; 54° 23.9′ N, 164° 44.0′ W; and southward to the limits of the US EEZ as described in the current editions of NOAA chart INT 813 (Bering Sea, Southern Part) and NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass), between 170° 00′ W long and 159° 00′ W long. 620 ...... Central Regulatory Area, Chirikof District. Along the south side of the Alaska Peninsula, between 159° 00′ W long and 154° 00′ W long, and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). 630 ...... Central Regulatory Area, Kodiak District. Along the south side of continental Alaska, between 154° 00' W long and 147° 00′ W long, and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area 649. 640 ...... Eastern Regulatory Area, West Yakutat District. Along the south side of continental Alaska, between 147° 00′ W long and 140° 00′ W long, and southward to the limits of the US EEZ, as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area 649. 649 ...... Prince William Sound. Includes those waters of the State of Alaska inside the base line as specified in Alaska State regulations at 5 AAC 28.200. 650 ...... Eastern Regulatory Area, Southeast Outside District. East of 140° 00′ W long and southward to the limits of the US EEZ as de- scribed in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area 659. 659 ...... Southeast Inside District. As specified in Alaska State regulations at 5 AAC 28.105 (a) (1) and (2). 690 ...... Gulf of Alaska Outside the U.S. EEZ as described in the current editions of NOAA chart INT 813 (Bering Sea, Southern Part) and NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Statistical Area. A statistical area is the part of a reporting area contained in the EEZ.

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FIGURE 4.ÐHERRING SAVINGS AREAS IN THE BSAI [b. Coordinates]

Name Description and effective date

Summer Herring Savings Area 1 ...... That part of the Bering Sea subarea that is south of 57° N. latitude and between 162° and 164° W. longitude from 1200 hours, A.l.t., June 15 through 1200 hours, A.l.t. July 1 of a fishing year. Summer Herring Savings Area 2 ...... That part of the Bering Sea subarea that is south of 56°30' N. latitude and be- tween 164° and 167° W. longitude from 1200 hours, A.l.t., July 1 through 1200 hours, A.l.t. August 15 of a fishing year. Winter Herring Savings Area ...... That part of the Bering Sea subarea that is between 58° and 60° N. latitude and between 172° and 175° W. longitude from 1200 hours, A.l.t. September 1 of the current fishing year through 1200 hours, A.l.t. March 1 of the succeeding fishing year.

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FIGURE 5.ÐKODIAK ISLAND AREAS CLOSED TO NON-PELAGIC TRAWL GEAR [b. Coordinates]

Name and description of ref- erence North latitude/West longitude area ref- erence point

Alitak Flats and Towers AreasÐAll waters of Alitak Flats and the Towers Areas enclosed by a line connecting the following 7 points in the order listed: b ...... 57° 00′ 0′′ 155° 00′ 0′′. c ...... 56° 17′ 0′′ 155° 00′ 0′′. d ...... 56° 17′ 0′′ 153° 52′ 0′′. e ...... 56° 33′ 5′′ 153° 52′ 0′′ Cape Sitkinak. f ...... 56° 54′ 5′′ 153° 32′ 5′′ East point of Twoheaded Island. g ...... 56° 56′ 0′′ 153° 35′ 5′′ Kodiak Island, thence, along the coastline of Kodiak Island until intersection of Low Cape. a ...... 56° 59′ 4′′ 154° 31′ 1′′ Low Cape. Marmot Flats AreaÐAll waters enclosed by a line connecting the following five points in the clockwise order listed: a ...... 58° 00′ 0′′ 152° 30′ 0′′. b ...... 58° 00′ 0′′ 151° 47′ 0′′. c ...... 57° 37′ 0′′ 151° 47′ 0′′. d ...... 57° 37′ 0′′ 152° 10′ 1′′ Cape Chiniak, thence, along the coastline of Kodiak Island to e ...... 57° 54′ 5′′ 152° 30′ 0′′ North Cape. a ...... 58° 00′ 0′′ 152° 30′ 0′′. Chirikof Island AreaÐAll waters surrounding Chirikof Island enclosed by a line connecting the following four points in the counter-clockwise order listed: a ...... 56° 07′ 0′′ 155° 13′ 0′′. b ...... 56° 07′ 0′′ 156° 00′ 0′′. c ...... 55° 41′ 0′′ 156° 00′ 0′′. d ...... 55° 41′ 0′′ 155° 13′ 0′′. a ...... 56° 07′ 0′′ 155° 13′ 0′′. Barnabas AreaÐAll waters enclosed by a line connecting the following six points in the counter clockwise order listed: a ...... 57° 00′ 0′′ 153° 18′ 0′′ Black Point. b ...... 56° 56′ 0′′ 153° 09′ 0′′. c ...... 57° 22′ 0′′ 152° 18′ 5′′ South Tip of Ugak Island. d ...... 57° 23′ 5′′ 152° 17′ 5′′ North Tip of Ugak Island. e ...... 57° 25′ 3′′ 152° 20′ 0′′ Narrow Cape, thence, along the coastline of Kodiak Island. f ...... 57° 04′ 2′′ 153° 30′ 0′′ Cape Kasick to a ...... 57° 00′ 0′′ 153° 18′ 0′′ Black Point, including inshore waters.

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TABLESÐPART 672 TABLE 1.ÐPRODUCT CODES

Fish product code/description

1. Whole fish/food fish. 2. Whole fish/bait. Processed for bait. 3. Bled only. Throat, or isthmus, slit to allow blood to drain. 4. Gutted only. Belly slit and viscera removed. 6. Head and gutted, with roe. 7. Headed and gutted, Western cut. Head removed just in front of the collar bone, and viscera removed. 8. Headed and gutted, Eastern cut. Head removed just behind the collar bone, and viscera removed. 10. Headed and gutted, tail removed. Head removed usually in front of collar bone, and viscera and tail removed. 11. Kirimi. Head removed either in front or behind the collar bone, viscera removed, and tail removed by cuts perpendicular to the spine, result- ing in a steak. 12. Salted and split. Head removed, belly slit, viscera removed, fillets cut from head to tail but remaining attached near tail. Product salted. 13. Wings. On skates, side fins are cut off next to body. 14. Roe. Eggs, either loose or in sacs, or skeins. 15. Pectoral girdle. Collar bone and associated bones, cartilage and flesh. 16. Heads. Heads only, regardless where severed from body. 17. Cheeks. Muscles on sides of head. 18. Chins. Lower jaw (mandible), muscles, and flesh. 19. Belly. Flesh in region of pelvic and pectoral fins and behind head. 20. Fillets with skin and ribs. Meat and skin with ribs attached, from sides of body behind head and in front of tail. 21. Fillets with skin, no ribs. Meat and skin with ribs removed, from sides of body behind head and in front of tail. 22. Fillets with ribs and no skin. Meat with ribs with skin removed, from sides of body behind head and in front of tail. 23. Fillets, skinless/boneless. Meat with both skin and ribs removed, from sides of body behind head and in front of tail. 24. Deep-skin fillet. Meat with skin, adjacent meat with silver lining, and ribs removed from sides of body behind head and in front of tail, result- ing in thin fillets. 30. Surimi. Paste from fish flesh and additives. 31. Minced. Ground flesh. 32. Fish meal. Meal from fish and fish parts, including bone meal. 33. Fish oil. Rendered oil. 34. Milt. (in sacs, or testes). 35. Stomachs. Includes all internal organs. 36. Octopus/squid mantles. Flesh after removal of viscera and arms. 37. Butterfly, no backbone. Head removed, belly slit, viscera and most of backbone removed; fillets attached. 39. Bones (if meal, report as 32). 86. Donated Salmon. Includes salmon retained and donated under Salmon Donation Program. 97. Other retained product Discard Product Codes 92. Discard, bait. Whole fish used as bait on board vessel. 94. Discard, consumption. Fish or fish products eaten on board or taken off the vessel for personal use. 96. Previously discarded fish (decomposed) taken with trawl gear in current fishing efforts. Discarded. 98. Discard, at sea. Whole groundfish and prohibited species discarded by catcher vessels, Catcher/Processors, Motherships, or Buying Sta- tions delivering to Motherships. 99. Discard, dockside. Discard after delivery and before processing; Discard, at plant. In-plant discard of whole groundfish and prohibited spe- cies by Shoreside Processors and Buying Stations delivering to Shoreside Processors before and during processing. M99 Discard, off site meal reduction plant. Discarded fish that are transferred to any off site facility for reduction to fish meal, fish oil and/or discard at sea. Product Designation A Ancillary. Product made in addition to a primary product from the same fish. P Primary. Product made from each fish with the highest recovery rate. R Reprocessed. Product that results from processing a previously reported product.

TABLE 2.ÐSPECIES CODES

Code Species

110 ...... Pacific cod. 120 ...... Miscellaneous flatfish (all flatfish without separate codes). 121 ...... Arrowtooth flounder and/or Kamchatka flounder. 122 ...... Flathead sole. 123 ...... Rock sole. 124 ...... Dover sole. 125 ...... Rex sole. 126 ...... Butter sole. 127 ...... Yellowfin sole. 128 ...... English sole. 129 ...... Starry flounder. 131 ...... Petrale sole. 132 ...... Sand sole. 133 ...... Alaska Plaice flounder. 5636 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

TABLE 2.ÐSPECIES CODESÐContinued

Code Species

134 ...... Greenland turbot. 135 ...... Greenstripe rockfish. 136 ...... Northern rockfish. 137 ...... Bocaccio rockfish. 138 ...... Copper rockfish. 141 ...... Pacific ocean perch (S. alutus only). 142 ...... Black rockfish. 143 ...... Thornyhead rockfish (all Sebastolobus species). 145 ...... Yelloweye rockfish. 146 ...... Canary rockfish. 147 ...... Quillback rockfish. 148 ...... Tiger rockfish. 149 ...... China rockfish. 150 ...... Rosethorn rockfish. 151 ...... Rougheye rockfish. 152 ...... Shortraker rockfish. 153 ...... Redbanded rockfish. 154 ...... Dusky rockfish. 155 ...... Yellowtail rockfish. 156 ...... Widow rockfish. 157 ...... Silvergray rockfish. 158 ...... Redstripe rockfish. 159 ...... Darkblotched rockfish. 160 ...... Sculpins. 166 ...... Sharpchin rockfish. 167 ...... Blue rockfish. 175 ...... Yellowmouth rockfish. 176 ...... Harlequin rockfish. 177 ...... Blackgill rockfish. 178 ...... Chilipepper rockfish. 179 ...... Pygmy rockfish. 181 ...... Shortbelly rockfish. 182 ...... Splitnose rockfish. 183 ...... Stripetail rockfish. 184 ...... Vermilion rockfish. 185 ...... Aurora rockfish. 193 ...... Atka mackerel. 270 ...... Pollock. 510 ...... Smelt. 511 ...... Eulachon. 516 ...... Capelin. 689 ...... Sharks. 700 ...... Skates. 710 ...... Sablefish. 870 ...... Octopus. 875 ...... Squid. GROUP CODES These group codes may be used if individual species cannot be identified. 144 ...... Slope rockfish (aurora, blackgill, Bocaccio, redstripe, silvergray, chilipepper, darkblotched, greenstriped, harlequin, pygmy, shortbelly, splitnose, stripetail, vermillion, yellowmouth, sharpchin) 168 ...... Demersal shelf rockfish (china, copper, quillback, rosethorn, tiger, yelloweye, canary) 169 ...... Pelagic shelf rockfish (blue, dusky, yellowtail, widow). 171 ...... Shortraker/rougheye rockfish PROHIBITED SPECIES CODES 000 ...... Unspecified salmon. 200 ...... Pacific halibut. 235 ...... Pacific herring. 410 ...... Salmon, Chinook. 420 ...... Salmon, Sockeye. 430 ...... Salmon, Coho. 440 ...... Salmon, Pink. 450 ...... Salmon, Chum. 540 ...... Steelhead trout. 920 ...... Unspecified king crab. 921 ...... Red king crab. 922 ...... Blue king crab. 923 ...... Gold/brown king crab. 930 ...... Unspecified tanner crab. 931 ...... Bairdi tanner crab. 932 ...... Opilio tanner crab. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5637

TABLE 3.ÐPRODUCT RECOVERY RATES FOR GROUNDFISH SPECIES REFERENCED IN 50 CFR 672.20(a)(1) AND/OR 50 CFR 675.20(a)(1)

Product code Spe- FMP species cies Whole Whole H&G H&G H&G code food bait Bled Gutted with west- eastern H&G Kirimi Salted Wings Roe fish fish roe ern cut cut w/o tail & split

1 2 3 4 6 7 8 10 11 12 13 14

PACIFIC COD ...... 110 1.00 1.00 0.98 0.85 0.63 0.57 0.47 0.44 ...... 0.45 ...... 0.05 ARROWTOOTH FLOUNDER ...... 121 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 ROCKFISH 1 ...... 1.00 1.00 0.98 0.88 ...... 0.60 0.50 ...... SCULPINS ...... 160 1.00 1.00 0.98 0.87 ...... 0.50 0.40 ...... ATKA MACKEREL ...... 193 1.00 1.00 0.98 0.87 0.67 0.64 0.61 ...... POLLOCK ...... 270 1.00 1.00 0.98 0.80 0.70 0.65 0.56 0.50 ...... 0.04 SMELTS ...... 510 1.00 1.00 0.98 0.82 ...... 0.71 ...... EULACHON ...... 511 1.00 1.00 0.98 0.82 ...... 0.71 ...... CAPELIN ...... 516 1.00 1.00 0.98 0.89 ...... 0.78 ...... SHARKS ...... 689 1.00 1.00 0.98 0.83 ...... 0.72 ...... SKATES ...... 700 1.00 1.00 0.98 0.90 ...... 0.32 ...... 0.32 ...... SABLEFISH ...... 710 1.00 1.00 0.98 0.89 0.68 0.63 0.50 ...... OCTOPUS ...... 870 1.00 1.00 0.98 0.69 ...... Target species categories only at 50 CFR 672.20(a) DEEP WATER FLATFISH ...... 118 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 FLATHEAD SOLE ...... 122 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 REX SOLE ...... 125 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 SHALLOW WATER FLATFISH .. 119 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 THORNYHEAD ROCKFISH ...... 143 1.00 1.00 0.98 0.88 0.55 0.60 0.50 ...... Target species categories only at 50 CFR 675.20(a) OTHER FLATFISH ...... 120 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 ROCK SOLE ...... 123 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 YELLOWFIN SOLE ...... 127 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 GREENLAND TURBOT ...... 134 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ...... 0.08 SQUID ...... 875 1.00 1.00 0.98 0.69 ......

Product code Spe- FMP species cies Pec- Fillets Fillets Fillets Fillets Fillets code toral Heads Cheeks Chins Belly w/skin skin on w/ribs skinless/ deep Surimi Mince Meal girdle & ribs no ribs no skin boneless skin

15 16 17 18 19 20 21 22 23 24 30 31 32

PACIFIC COD ...... 110 0.05 ...... 0.05 ...... 0.01 0.45 0.35 0.25 0.25 ...... 0.15 0.5 0.17 ARROWTOOTH FLOUN- DER ...... 121 ...... 0.32 0.27 0.27 0.22 ...... 0.17 ROCKFISH ...... 0.15 0.05 0.05 0.10 0.40 0.30 0.33 0.25 ...... 0.17 SCULPINS ...... 160 ...... 0.17 ATKA MACKEREL ...... 193 ...... 0.15 ...... 0.17 POLLOCK ...... 270 ...... 0.15 ...... 0.35 0.30 0.30 0.21 0.16 0.16 2 0.22 0.17 0.17 3 SMELTS ...... 510 ...... 0.38 ...... 0.22 EULACHON ...... 511 ...... 0.38 ...... 0.22 CAPELIN ...... 516 ...... 0.22 SHARKS ...... 689 ...... 0.30 0.30 0.25 ...... 0.17 SKATES ...... 700 ...... 0.17 SABLEFISH ...... 710 ...... 0.05 ...... 0.35 0.30 0.30 0.25 ...... 0.22 OCTOPUS ...... 870 ...... 0.17 Target species categories only at 50 CFR 672.20(a) DEEP WATER FLAT- FISH ...... 118 ...... 0.32 0.27 0.27 0.22 ...... 0.17 FLATHEAD SOLE .... 122 ...... 0.32 0.27 0.27 0.22 ...... 0.17 REX SOLE ...... 125 ...... 0.32 0.27 0.27 0.22 ...... 0.17 SHALLOW WATER FLATFISH ...... 119 ...... 0.32 0.27 0.27 0.22 ...... 0.17 THORNYHEAD ROCKFISH ...... 143 ...... 0.20 0.05 0.05 0.05 0.40 0.30 0.35 0.25 ...... 0.17 Target species categories only at 50 CFR 675.20(a) OTHER FLATFISH ... 120 ...... 0.32 0.27 0.27 0.22 ...... 0.17 ROCK SOLE ...... 123 ...... 0.32 0.27 0.27 0.22 ...... 0.17 YELLOWFIN SOLE .. 127 ...... 0.32 0.27 0.27 0.22 ...... 0.18 ...... 0.17 GREENLAND TURBOT ...... 134 ...... 0.32 0.27 0.27 0.22 ...... 0.17 SQUID ...... 875 ...... 0.17 5638 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

TABLE 3.ÐPRODUCT RECOVERY RATES FOR GROUNDFISH SPECIES REFERENCED IN 50 CFR 672.20(a)(1) AND/OR 50 CFR 675.20(a)(1) (continued)

Product code Butter- Spe- fly De- FMP species cies Stom- Man- back- com- Dis- code Oil Milt achs tles bone posed cards re- fish moved

33 34 35 36 37 96 92, 94, 98, 99, M99

PACIFIC COD ...... 110 ...... 0.43 0.00 1.00 ARROWTOOTH FLOUN- DER ...... 121 ...... 0.00 1.00 ROCKFISH ...... 0.00 1.00 SCULPINS ...... 160 ...... 0.00 1.00 ATKA MACKEREL ...... 193 ...... 0.00 1.00 POLLOCK ...... 270 ...... 0.43 0.00 1.00 SMELTS ...... 510 ...... 0.00 1.00 EULACHON ...... 511 ...... 0.00 1.00 CAPELIN ...... 516 ...... 0.00 1.00 SHARKS ...... 689 ...... 0.00 1.00 SKATES ...... 700 ...... 0.00 1.00 SABLEFISH ...... 710 ...... 0.00 1.00 OCTOPUS ...... 870 ...... 0.85 1.00 0.00 1.00 Target species categories only at 50 CFR 672.20(a) DEEP WATER FLAT- FISH ...... 118 ...... 0.00 1.00 FLATHEAD SOLE ...... 122 ...... 0.00 1.00 REX SOLE ...... 125 ...... 0.00 1.00 SHALLOW WATER FLATFISH ...... 119 ...... 0.00 1.00 THORNYHEAD ROCK- FISH ...... 143 ...... 0.00 1.00 Target species categories only at 50 CFR 675.20(a) OTHER FLATFISH ...... 120 ...... 0.00 1.00 ROCK SOLE ...... 123 ...... 0.00 1.00 YELLOWFIN SOLE ..... 127 ...... 0.00 1.00 GREENLAND TURBOT ...... 134 ...... 0.00 1.00 SQUID ...... 875 ...... 0.75 1.00 0.00 1.00 1 Rockfish means all species of Sebastes and Sebastolobus. 2 Standard pollock surimi rate during January through June. 3 Standard pollock surimi rate during July through December.

TABLE 4.ÐBERING SEA SUBAREA STELLER SEA LION PROTECTION AREAS

From To Island Latitude Longitude Latitude Longitude

3-nm NO TRANSIT ZONES described at 50 CFR 227.12(a)(2) a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm). Sea Lion Rocks ...... 55°28.0′ N 163°12.0′ W Ugamak Island ...... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W Akun Island ...... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W Akutan Island ...... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W Bogoslof Island ...... 53°56.0′ N 168°02.0′ W Ogchul Island ...... 53°00.0′ N 168°24.0′ W Adugak Island ...... 52°55.0′ N 169°10.5′ W Walrus Island ...... 57°11.0′ N 169°56.0′ W b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under 50 CFR 672.30(a)(8), Trawl- ing Prohibited Within 20 nm). Sea Lion Rocks ...... 55°28.0′ N 163°12.0′ W Akun Island ...... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W Akutan Island ...... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W Ugamak Island ...... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W Seguam Island ...... 52°21.0′ N 172°35.0′ W 52°21.0′ N 172°33.0′ W Agligadak Island ...... 52°06.5′ N 172°54.0′ W Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5639

TABLE 5.ÐALEUTIAN ISLANDS SUBAREA STELLER SEA LION PROTECTION AREAS

From To Island Latitude Longitude Latitude Longitude

3-nm NO TRANSIT ZONES described at 50 CFR 227.12(a)(2) a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm). Yunaska Island ...... 52°42.0′ N 170°38.5′ W 52°41.0′ N 170°34.5′ W Seguam Island ...... 52°21.0′ N 172°35.0′ W 52°21.0′ N 172°33.0′ W Agligadak Island ...... 52°06.5′ N 172°54.0′ W Kasatochi Island ...... 52°10.0′ N 175°31.0′ W 52°10.5′ N 175°29.0′ W Adak Island ...... 51°36.5′ N 176°59.0′ W 51°38.0′ N 176°59.5′ W Gramp Rock ...... 51°29.0′ N 178°20.5′ W Tag Island ...... 51°33.5′ N 178°34.5′ W Ulak Island ...... 51°20.0′ N 178°57.0′ W 51°18.5′ N 178°59.5′ W Semisopochnoi ...... 51°58.5′ N 179°45.5′ E 51°57.0′ N 179°46.0′ E Semisopochnoi ...... 52°01.5′ N 179°37.5′ E 52°01.5′ N 179°39.0 E Amchitka Island ...... 51°22.5′ N 179°28.0′ E 51°21.5′ N 179°25.0′ E Amchitka Is/Column Rocks ...... 51°32.5′ N 178°49.5′ E Ayugadak Point ...... 51°45.5′ N 178°24.5′ E Kiska Island ...... 51°57.5′ N 177°21.0′ E 51°56.5′ N 177°20.0′ E Kiska Island ...... 51°52.5′ N 177°13.0′ E 51°53.5′ N 177°12.0′ E Buldir Island ...... 52°20.5′ N 175°57.0′ E 52°23.5′ N 175°51.0′ E Agattu Is./Gillion Pt ...... 52°24.0′ N 173°21.5′ E Agattu Island ...... 52°23.5′ N 173°43.5′ E 52°22.0′ N 173°41.0′ E Attu Island ...... 52°54.5′ N 172°28.5′ E 52°57.5′ N 172°31.5′ E b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under 50 CFR 675.20(a)(8). Trawl- ing Prohibited Within 20 nm). Seguam Island ...... 52°21.0′ N 172°35.0′ W 52°21.0′ N 172°33.0′ W Agligadak Island ...... 52°06.5′ N 172°54.0′ W Note: Each rookery extends in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water.

TABLE 6.ÐGULF OF ALASKA STELLER SEA LION PROTECTION AREAS

From To Island Latitude Longitude Latitude Longitude

3-nm NO TRANSIT ZONES described at 50 CFR 227.12(a)(2) a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm). Outer Island ...... 59°20.5′ N 150°23.0′ W 59°21.0′ N 150°24.5′ W Sugarloaf Island ...... 58°53.0′ N 152°02.0′ W Marmot Island ...... 58°14.5′ N 151°47.5′ W 58°10.0′ N 151°51.0′ W Chirikof Island ...... 55°46.5′ N 155°39.5′ W 55°46.5′ W 155°43.0′ W Chowiet Island ...... 56°00.5′ N 156°41.5′ W 56°00.5′ N 156°42.0′ W Atkins Island ...... 55°03.5′ N 159°18.5′ W Chernabura Island ...... 54°47.5′ N 159°31.0′ W 54°45.5′ N 159°33.5′ W Pinnacle Rock ...... 54°46.0′ N 161°46.0′ W Clubbing Rocks-N ...... 54°43.0′ N 162°26.5′ W Clubbing Rocks-S ...... 54°42.0′ N 162°26.5′ W Ugamak Island ...... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W Akun Island ...... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W Akutan Island ...... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W Ogchul Island ...... 53°00.0′ N 168°24.0′ W b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under 50 CFR 672.30(a)(8). Trawl- ing Prohibited Within 20 nm). Akun I ...... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W Akutan I ...... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W Ugamak I ...... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water. 5640 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

TABLE 7.ÐCOMMUNITIES DETERMINED TABLE 7.ÐCOMMUNITIES DETERMINED TABLE 7.ÐCOMMUNITIES DETERMINED TO BE ELIGIBLE TO APPLY FOR TO BE ELIGIBLE TO APPLY FOR TO BE ELIGIBLE TO APPLY FOR COMMUNITY DEVELOPMENT QUOTAS COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT [Other communities may also be eligible, but QUOTASÐContinued QUOTASÐContinued do not appear on this table] [Other communities may also be eligible, but [Other communities may also be eligible, but do not appear on this table] do not appear on this table] Aleutian Region: 1. Atka 4. Egegik 16. Quinhagak 2. False Pass 5. Ekuk 17. Scammon Bay 3. Nelson Lagoon 6. Manokotak 18. Sheldon's Point 4. Nikolski 7. Naknek 19. Toksook Bay 5. St. George 8. Pilot Point/Ugashi 20. Tununak 6. St. Paul 9. Port Heiden/Meschick 21. Tuntutuliak Bering Strait: 10. South Naknek 1. Brevig Mission 11. Sovonoski/King Salmon 2. Diomede/Inalik 12. Togiak TABLE 8.ÐHARVEST ZONE CODES FOR 13. Twin Hills 3. Elim USE WITH PRODUCT TRANSFER RE- 4. Gambell Southwest Coastal Lowlands: 5. Golovin 1. Alakanuk PORTS AND VESSEL ACTIVITY RE- 6. Koyuk 2. Chefornak PORTS 7. Nome 3. Chevak 8. Savoonga 4. Eek Harvest Description 9. Shaktoolik 5. Emmonak zone 10. St. Michael 6. Goodnews Bay 11. Stebbins 7. Hooper Bay A ...... EEZ off Alaska. 12. Teller 8. Kipnuk D ...... Donut Hole. 13. Unalakleet 9. Kongiganak F ...... Foreign Waters Other than Russia. 14. Wales 10. Kotlik I ...... International Waters other than 15. White Mountain 11. Kwigillingok Donut Hole and Seamounts. Bristol Bay: 12. Mekoryuk R ...... Russian waters. 1. Alegnagik 13. Newtok S ...... Seamounts in International waters. 2. Clark's Point 14. Nightmute U ...... U.S. EEZ other than Alaska. 3. Dillingham 15. Platinum

TABLE 9.ÐREQUIRED LOGBOOKS, REPORTS AND FORMS FROM PARTICIPANTS IN THE FEDERAL GROUNDFISH FISHERIES

Catcher- Catcher- Shoreside Buying sta- Name of logbook/form vessel processor Mothership processor tion

Daily Fishing Logbook (DFL) ...... Yes No No No No. Daily Cumulative Production Logbook (DCPL) ...... No Yes Yes Yes No. Daily Cumulative Logbook (DCL) ...... No No No No Yes. Check-in/check-out Report ...... No Yes Yes Yes Yes. U.S. Vessel Activity Report (VAR) ...... Yes Yes Yes No No. Weekly Production Report (WPR) ...... No Yes Yes Yes No. Daily Production Report (DPR)* ...... No Yes Yes Yes No. Product Transfer Report (PTR) ...... No Yes Yes Yes No. * When required by Regional Director.

TABLE 10.ÐGULF OF ALASKA RETAINABLE PERCENTAGES REFERENCED IN 50 CFR 672.20

Bycatch species1

1 Aggre- Basis species Pacific Deep Rex Flat- Shal- Sable- gated DSR Atka Other Pollock head low Arrowtooth 3 mack- spe- cod flatfish sole sole flatfish fish rock- SEEO erel cies fish 2

Pollock ...... 4 na 20 20 20 20 20 35 1 5 10 20 20 Pacific cod ...... 20 4 na 20 20 20 20 35 1 5 10 20 20 Deep-water flatfish ...... 20 20 4 na 20 20 20 35 15 15 1 20 20 Rex sole ...... 20 20 20 4 na 20 20 35 15 15 1 20 20 Flathead sole ...... 20 20 20 20 4 na 20 35 15 15 1 20 20 Shallow-water flatfish ... 20 20 20 20 20 4 na 35 1 5 10 20 20 Arrowtooth ...... 0 0 0 0 0 0 4 na 0 0 0 0 0 Sablefish ...... 20 20 20 20 20 20 35 4 na 15 1 20 20 Pacific Ocean Perch .... 20 20 20 20 20 20 35 15 15 1 20 20 Shortraker/rougheye .... 20 20 20 20 20 20 35 15 15 1 20 20 Other rockfish ...... 20 20 20 20 20 20 35 15 15 1 20 20 Northern rockfish ...... 20 20 20 20 20 20 35 15 15 1 20 20 Pelagic rockfish ...... 20 20 20 20 20 20 35 15 15 1 20 20 DSR-Southeast Outside 20 20 20 20 20 20 35 15 15 4 na 20 20 Thornyhead ...... 20 20 20 20 20 20 35 15 15 1 20 20 Atka mackerel ...... 20 20 20 20 20 20 35 1 5 10 4 na 20 Other species ...... 20 20 20 20 20 20 35 1 5 10 20 4 na Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5641

TABLE 10.ÐGULF OF ALASKA RETAINABLE PERCENTAGES REFERENCED IN 50 CFR 672.20ÐContinued

Bycatch species1

1 Aggre- Basis species Pacific Deep Rex Flat- Shal- Sable- gated DSR Atka Other Pollock head low Arrowtooth 3 mack- spe- cod flatfish sole sole flatfish fish rock- SEEO erel cies fish 2

Aggregated amount non-groundfish spe- cies ...... 20 20 20 20 20 20 35 1 5 10 20 20 1 For definition of species, see Table 1 of the Gulf of Alaska groundfish specifications. 2 Aggregated rockfish means rockfish of the general Sebastes and Sebastolobus except in the southeast Outside District where demersal shelf rockfish (DSR) is a separate category. 3 SEEOÐSoutheast Outside District. 4 na=not applicable.

TABLE 11.ÐBERING SEA AND ALEUTIAN ISLANDS MANAGEMENT AREA RETAINABLE PERCENTAGES REFERENCED IN 50 CFR 675.20

Bycatch species 1 Ag- Basis species 5 Pa- Atka Yel- Other Flat- Green- Sa- gre- Other Pol- cific mack- Arrowtooth lowfin flat- Rock head land ble- gated Squid spe- lock cod erel sole fish sole sole turbot fish rock- cies fish 6

Pollock ...... 7 na 20 20 35 20 20 20 20 1 1 5 20 20 Pacific cod ...... 20 3 na 20 35 20 20 20 20 1 1 5 20 20 Atka mackerel ...... 20 20 3 na 35 20 20 20 20 1 1 5 20 20 Arrowtooth ...... 0 0 0 3 na 0 0 0 0 0 0 0 0 0 Yellowfin sole ...... 20 20 20 35 3 na 35 35 35 1 1 5 20 20 Other flatfish ...... 20 20 20 35 35 3 na 35 35 1 1 5 20 20 Rocksole ...... 20 20 20 35 35 35 3 na 35 1 1 5 20 20 Flathead sole ...... 20 20 20 35 35 35 35 3 na 35 15 15 20 20 Greenland turbot ...... 20 20 20 35 20 20 20 20 3 na 15 15 20 20 Sablefish ...... 20 20 20 35 20 20 20 20 35 3 na 15 20 20 Other rockfish ...... 20 20 20 35 20 20 20 20 35 15 15 20 20 Other red rockfish-BS ...... 20 20 20 35 20 20 20 20 35 15 15 20 20 Pacific Ocean perch ...... 20 20 20 35 20 20 20 20 5 15 15 20 20 Sharpchin/Northern-AI ...... 20 20 20 35 20 20 20 20 35 15 15 20 20 Shortraker/Rougheye-AI ..... 20 20 20 35 20 20 20 20 35 15 15 20 20 Squid ...... 20 20 20 35 20 20 20 20 1 1 5 3 na 20 Other species ...... 20 20 20 35 20 20 20 20 1 1 5 20 na 3 Aggregated amount non- groundfish species ...... 20 20 20 35 20 20 20 20 1 1 5 20 20 1 For definition of species, see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications. 2 Aggregated rockfish of the genera Sebastes and Sebastolobus. 3 na=not applicable.

PART 675ÐGROUNDFISH OF THE § 675.2 Definitions. § 675.5 Recordkeeping and reporting. BERING SEA AND ALEUTIAN ISLANDS Definitions for this part are identical Recordkeeping and reporting AREA to the definitions for part 672. See requirements regulated under this part § 672.2 of this chapter. and § 672.4 of this chapter are located 13. The authority citation for part 675 16. Section 675.3 is revised to read as at § 672.5 of this chapter. continues to read as follows: follows: 19. In § 675.7, paragraphs (a), (l), and Authority: 16 U.S.C. 1801 et seq. (m) are revised, and paragraphs (q) and § 675.3 Relation to other laws. (r) are added to read as follows: 14. In § 675.1, paragraph (a) is revised Regulations for this section are to read as follows: located in § 672.3 of this chapter. § 675.7 Prohibitions. * * * * * § 675.1 Purpose and scope. 17. Section 675.4 is revised to read as follows: (a) Fish for groundfish in the BSAI (a) Regulations in this part, along with with a vessel of the United States that parts 620, 672, 676, and 677 of this § 675.4 Permits. does not have on board a valid permit chapter implement the Fishery Fisheries permit requirements for issued under § 672.4 of this chapter. Management Plan for Groundfish of the vessels fishing for groundfish in the * * * * * Bering Sea and Aleutian Islands Area. BSAI are located at § 672.4 of this (l) Except as authorized by permit * * * * * chapter. issued pursuant to the section of the 15. Section 675.2 is revised to read as 18. Section 675.5 is revised to read as Donut Hole Convention implementing follows: follows: legislation authorizing the Secretary to 5642 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations issue Donut Hole fishing permits (Public steelhead trout (Oncorhynchus mykiss), 23. In § 675.23, paragraphs (a) and (d) Law 104–43, section 104(d)), it is Pacific halibut (Hippoglossus are revised and headings are added to unlawful for any person to fish in the stenolepis), Pacific herring (Clupea paragraphs (b) and (c) to read as follows: Donut Hole from a vessel for which a harengus pallasi), king crab Federal fisheries permit has been issued (Paralithodes spp. and Lithodes spp.), § 675.23 Seasons. pursuant to section 672.4 of this chapter and Tanner crab (Chionoecetes spp.) (a) Fishing year. Fishing for during the year for which the permit caught by a vessel regulated under this groundfish in the subareas and was issued; part while fishing for groundfish in the statistical areas of the BSAI is (m) Except as authorized by permit BSAI, unless retention is authorized by authorized from 0001 hours, A.l.t., issued pursuant to the section of the other applicable law, including Part January 1, through 2359 hours, A.l.t., Donut Hole Convention implementing 301—Pacific Halibut Fisheries December 31, subject to the other legislation authorizing the Secretary to Regulations. provisions of this part, except as issue Donut Hole fishing permits (Public * * * * * provided in paragraphs (c) through (e) of Law 104–43, section 104(d)), it is (d) Winter Halibut Savings Area. this section. unlawful for any person to possess *** (b) Time of openings and closures. *** within the EEZ fish harvested from the * * * * * (c) Directed fishing for arrowtooth Donut Hole on board a vessel for which (i) * * * a Federal fisheries permit has been (2) Fishing trip. For purposes of this flounder and Greenland turbot. * * * issued pursuant to section 672.4 of this paragraph, a fishing trip is defined as set (d) Trawl gear prohibition, BSAI. chapter during the year for which the forth under paragraph 672.20(h)(2) of Notwithstanding other provisions of this permit was issued. this chapter. part, fishing for groundfish with trawl * * * * * (j) * * * gear in the BSAI is prohibited from 0001 (q) Fail to comply with or fail to (1) Pollock roe. * * * hours, A.l.t. on January 1, through 1200 ensure compliance with requirements at (2) Primary product. * * * hours, A.l.t., January 20. § 672.5 of this chapter. (3) Standard product recovery rates. * * * * * (r) Use a catcher vessel or catcher/ *** 24. In § 675.24, paragraph (e) is processor as a Tender Vessel before * * * * * removed; paragraphs (f), (g), and (h) are offloading all groundfish or groundfish (4) For purposes of this paragraph, a redesignated as paragraphs (e), (f), and product harvested or processed by that fishing trip is defined as set forth under (g) respectively; headings are added to vessel. part 672.20(h)(2) of this chapter. paragraphs (c)(1), (c)(2), (c)(3), (d)(1), 20. In § 675.20, paragraphs (a)(1), * * * * * (d)(2), and newly redesignated (c)(1), (i)(2), and (j)(4) are revised; 21. In § 675.21, headings are added to paragraphs (f)(2) and (f)(3); the headings headings for paragraphs (a)(8) through paragraphs (a)(1) through (a)(6), and for paragraph (b) and newly (a)(12), (d), (j)(1), (j)(2) and (j)(3) are (b)(4), to read as follows: redesignated paragraph (f) are revised; added; paragraphs (h)(1) and (h)(3) are newly redesignated paragraphs (e) and amended by revising the words, ‘‘Table § 675.21 Prohibited Species Catch (PSC) (f)(4) are revised; and paragraph (a)(4) is 1 to this section’’ to read ‘‘Table 11 of Limitations. added to read as follows: part 672,’’ and Table 1 to § 675.20 is (a) * * * § 675.24 Gear limitations. removed. (1) Red king crab, Zone 1. * * * (2) Tanner crab, Zone 1. * * * * * * * * § 675.20 General limitations. (3) Tanner crab, Zone 2. * * * (a) * * * (a) * * * (4) Pacific halibut, trawl. * * * (4) Marking shall be in characters at (1) Optimum yield (OY). The OY for (5) Pacific herring. * * * least 4 inches (10.2 cm) in height and the fishery regulated by this section and (6) Pacific halibut, non-trawl. * * * one-half inch (1.3 cm) in width, in a by § 611.93 of this chapter is a range of (b) * * * contrasting color visible above the water (4) Bycatch allowances and seasonal 1.4 million to 2.0 million mt for target line, and shall be maintained in good apportionments. * * * species and the ‘‘other species’’ category condition. in the BSAI, to the extent this amount * * * * * (b) Gear restrictions—pots. * * * can be harvested consistently with this 22. In § 675.22, paragraph (a) is * * * * * part and part 611 of this chapter, plus revised and headings are added to (c) * * * (1) Sablefish. * * * the amounts of ‘‘non-specified species’’ paragraphs (b) through (f) to read as (2) Pollock. * * * taken incidentally to the harvest of follows: (3) Longline pot gear. * * * target species and the ‘‘other species’’ § 675.22 Time and area closures. (d) * * * category. The species categories are (a) Year-round closures, Area 512. No (1) Directed fishing closures. * * * defined in Table 1 of the specifications fishing with trawl gear is allowed at any (2) PSC closures. * * * as provided in paragraph (a)(7) of this time in that part of Zone 1 in the Bering * * * * * section. Sea subarea that is south of 58°00′ N. lat. (e) Steller sea lion protection areas— * * * * * and between 160°00′ W. long. and (1) Bering Sea Subarea and Bogoslof (8) Directed fishing allowance. * * * 162°00′ W. long. (see Figure 1 to part District—(i) Year-round closures. (9) Prohibited species closure. * * * 672), except as described in paragraph Trawling is prohibited within 10 nm (10) Overfishing closure. * * * (c) of this section. (18.5 km) of each of the eight Steller sea (11) JVP or TALFF prohibitions. * * * (b) Seasonal closures, Area 516. lion rookeries shown in Table 4a to part (12) Factors to be considered. * * * *** 672 of this chapter. * * * * * (c) Partial closures, Area 512. * * * (ii) Seasonal closures. During January (c) * * * (d) Partial closures, Area 516. * * * 1 through April 15, or a date earlier than (1) Prohibited species, for the purpose (e) Red king crab closures. * * * April 15 if adjusted under § 675.20(a)(8), of this part, means any of the species of (f) Walrus Protection Areas. * * * trawling is prohibited within 20 nm (37 Pacific salmon (Oncorhynchus spp.), * * * * * km) of each of the six Steller sea lion Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5643 rookeries shown in Table 4b to part 672 167° 00′ 55° 00′ (2) Prior to approval of a CDP of this chapter. 166° 00′ 55° 00′ recommended by the Governor, NMFS 166° 00′ 54° 40′ (2) Aleutian Islands Subarea—(i) ° ′ ° ′ will review the Governor’s findings to Year-round closures. Trawling is 167 00 54 40 determine that each community that is 167° 00′ 55° 00′ prohibited within 10 nm (18.4 km) of part of a CDP is listed on Table 7 to part each of the 19 Steller sea lion rookeries * * * * * 672 of this chapter or meets the shown in Table 5a of part 672 of this 25. In § 675.27, the table to § 675.27 following criteria for an eligible chapter. is removed; paragraph (d)(2) community: (ii) Seasonal closures. During January introductory text and paragraph (g) are * * * * * 1 through April 15, or a date earlier than revised; the heading of paragraph (c) is (e) * * * revised, and headings are added to April 15 if adjusted under § 675.20(a)(8), (2) Increase in CDQ allocation. *** paragraphs (a)(1), (a)(2), (c)(1), (c)(2), trawling is prohibited within 20 nm (37 (f) * * * km) of each of the two Steller sea lion (e)(2), and (f)(1) through (f)(3), to read as follows: (1) Recommendation of Governor. rookeries shown in Table 5b of part 672 *** of this chapter. § 675.27 Western Alaska Community (2) Non-compliance. *** (f) Trawl gear testing areas. *** Development Quota Program (applicable (3) Review of allocation. *** (2) Test area conditions. *** through December 31, 1998). (g) CDQ fishing requirements. (3) Test area criteria. *** (a) State of Alaska CDQ regulations.— (4) Bering Sea Testing Area. Trawl Recordkeeping and reporting (1) Compliance. *** requirements are set out at § 672.5 of gear testing is allowed in an area (Figure (2) Public hearing. *** 7 to part 672 of this chapter) bounded this chapter. * * * * * by straight lines connecting the * * * * * (c) Secretarial review and approval of following coordinates in the order 26. Part 675 is amended by removing CDPs.—(1) Consistent with criteria. listed, at all times: figures 1 through 3 to this part. *** W. longitude N. latitude (2) Not consistent with criteria. *** [FR Doc. 96–2574 Filed 2–12–96; 8:45 am] (d) Evaluation criteria. *** BILLING CODE 3510±22±P federal register February 13,1996 Tuesday Notices Certain Chemicals;Premanufacture Protection Agency Environmental Part III 5645 5646 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: Under the notice that will be issued at regular AGENCY provisions of TSCA, EPA is required to intervals. publish notice of receipt and status EPA shall provide a consolidated [OPPTS±51844; FRL±4992±3] reports of chemicals subject to section 5 report in the Federal Register reflecting Certain Chemicals; Premanufacture reporting requirements. The notice the dates PMNs, and TME application Notices requirements are provided in TSCA requests were received, the projected sections 5(d)(2) and 5(d)(3). Specifically, notice end date, the manufacturer or AGENCY: Environmental Protection EPA is required to provide notice of importer identity, to the extent that such Agency (EPA). receipt of PMNs, and TME application information is not claimed as ACTION: Notice. requests received. EPA also is required confidential and chemical identity, to identify those chemical submissions either specific or generic depending on SUMMARY: Section 5 of the Toxic for which data has been received, the whether chemical identity has been Substances Control Act (TSCA) requires uses or intended uses of such chemicals, claimed confidential. Generic use any person who intends to manufacture and the nature of any test data which information on these substances will be or import a new chemical to notify EPA may have been developed. Lastly, EPA provided. Additionally, in this same and comply with the statutory is required to provide periodic status report, EPA shall provide a listing of provisions pertaining to the reports of all chemical substances receipt of new notices of manufacture or import of substances not undergoing review and receipt of commencement. on the TSCA Inventory. Section 5 of notices of commencement. EPA believes the new format of the TSCA also requires EPA to publish A record has been established for this notice will be easier to understand by receipt and status information in the notice under docket number ‘‘[OPPTS– the interested public, and provides the Federal Register each month reporting 51844]’’ (including comments and data information that is of greatest interest to premanufacture notices (PMN), and test submitted electronically as described the public users. Certain information marketing exemption (TME) application below). A public version of this record, provided in the earlier notices will not requests received, both pending and including printed, paper versions of be provided under the new format. The expired. 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FOR FURTHER INFORMATION CONTACT: an effort to become more responsive to Send all comments to the address Susan B. Hazen, Director, the regulated community, the users of listed above. All comments received Environmental Assistance Division this information and the general public, will be reviewed and appropriate (7408), Office of Pollution Prevention to comply with the requirements of amendments will be made as deemed and Toxics, Environmental Protection TSCA, to conserve EPA resources, and necessary. Agency, Rm. E–545, 401 M St., SW., to streamline the process and make it This notice will identify: (I) PMNs Washington, DC, 20460, (202) 554–1404, more timely, EPA is consolidating these received; and (II) Notices of TDD (202) 554–0551. separate notices into one comprehensive Commencement to manufacture/import. Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5647

I. 167 Premanufacture Notices Received From: 06/23/95 to 07/25/95.

Projected Case No Received Notice Manufacture/Importer Use Chemical date Date

P±95±1589 06/27/95 09/25/95 FMC Corporation (S) Organic intermediate (G) Silyloxy organochloride for synthesis of spe- cialty chemical P±95±1590 06/27/95 09/25/95 Hoechst Celanese Cor- (S) Disperse dye for poly- (G) Azo substituted thiophene poration ester fiber P±95±1591 06/27/95 09/25/95 The Dow Chemical Com- (S) Injection molded (G) Thermoplastic MDI based poly- pany toothbrush handles; in- urethane resin jection mold P±95±1592 06/27/95 09/25/95 The Dow Chemical Com- (S) Injection molded (G) Thermoplastic MDI based poly- pany toothbrush handles; in- urethane resin jection mold P±95±1593 06/27/95 09/25/95 The Dow Chemical Com- (S) Injection molded (G) Thermoplastic MDI based poly- pany toothbrush handles; in- urethane resin jection mold P±95±1594 06/27/95 09/25/95 The Dow Chemical Com- (S) Injection molded (G) Thermoplastic MDI based poly- pany toothbrush handles; in- urethane resin jection mold P±95±1595 06/30/95 09/28/95 Ethox Chemicals, Inc (S) Metal lubricant addi- (S) Phosphoric acid, alcohols C18 C32 tive ester P±95±1596 06/30/95 09/28/95 CBI (G) Used as a raw mate- (G) Saturated polyester resin rial in the formulation of organic coatings P±95±1597 06/30/95 09/28/95 Shipley Company, Inc. (S) Chemical intermedi- (G) Naphthaquinone diazide sulfonyl ester ate used in the manu- mixture of a phenol aldehyde conden- facture of PH sate P±95±1598 06/28/95 09/26/95 CBI (G) Resin for coating (G) Silcone modified polyurethane P±95±1599 06/28/95 09/26/95 CBI (G) Coating (G) Acrylic-silicone copolymer P±95±1600 06/30/95 09/28/95 Optima Chemicals, Inc. (S) Catalyst for manufac- (S) Boron trifluoride propionic acid ture of specialty chemi- cal inte(s) boron trifluoride-propionic acid complex (1:2) P±95±1601 06/28/95 09/26/95 The University of Ten- (S) Pseudomonas (S)Fluorescan strain nessee Knoxville fluorescens strain des- ignated HK44 P±95±1602 06/30/95 09/28/95 Stepan Chemical Com- (S) Intermediate for fur- (G) Fatty amide carboxylate pany ther chemical reaction P±95±1603 06/30/95 09/28/95 Stepan Chemical Com- (S) Intermediate for fur- (G) Fatty amide carboxylate pany ther chemical reaction P±95±1604 06/30/95 09/28/95 Stepan Chemical Com- (S) Intermediate for fur- (G) Fatty amide carboxylate pany ther chemical reaction P±95±1605 06/30/95 09/28/95 Stepan Chemical Com- (S) Intermediate for fur- (G) Fatty amide carboxylate pany ther chemical reaction P±95±1606 06/30/95 09/28/95 Stepan Chemical Com- (S) Intermediate for fur- (G) Fatty amide carboxylate pany ther chemical reaction P±95±1607 06/30/95 09/28/95 Stepan Chemical Com- (S) Intermediate for fur- (G) Fatty amide carboxylate pany ther chemical reaction P±95±1608 06/30/95 09/28/95 Stepan Chemical Com- (S) Intermediate for fur- (G) Fatty amide carboxylate pany ther chemical reaction P±95±1609 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1610 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1611 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1612 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1613 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1614 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1615 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1616 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1617 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1618 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care 5648 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

I. 167 Premanufacture Notices Received From: 06/23/95 to 07/25/95.ÐContinued

Projected Case No Received Notice Manufacture/Importer Use Chemical date Date

P±95±1619 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1620 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1621 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1622 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1623 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1624 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1625 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1626 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1627 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1628 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1629 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1630 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1631 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1632 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1633 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1634 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1635 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1636 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1637 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1638 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1639 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1640 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1641 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1642 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1643 06/30/95 09/28/95 Stepan Chemical Com- (G) Detergents; personal Succinamate, N-alkyl pany care P±95±1644 06/30/95 09/28/95 Ciba-Geigy Corporation (S) Light stabilizer for (S) A binary mixture of: polymers, especially 2,9,11,13,15,22,24,26,27,28-decaza- polyolefin tricyclo(21.3.1.1(10,14)] octacosa- 1(27),10,12,14(28),23,25-hexaene- 12,25- diamine, N,N'-bis(1,1,3,3- tetramethylbutyl)-2,9,15,22- tetrakis(2,2,6,6- tetramethyl-4- piperidinyl)-(9ci); 2,9,11,13,14- pentaazabicyclo[8.3.1) tetradeca- 1(14),10,12-trien-12-amine, N-(1,1,3,3- tetramethylbutyl)-2,9-bis(2,2,6,6- tetramethyl-4-piperidinyl)-(9CI) P±95±1645 06/30/95 09/28/95 CBI (S) Resin for radically (G) Polyetherpolyol tetraacrylate curable inks, coatings, adhesives P±95±1646 07/05/95 10/03/95 Desilube Technology Inc (S)Antiwear/extreme ad- (G) A mixture of amine salts of fatty acids, ditive for metalworking aminephosphate, and inorganic sulfate compound and phosphate P±95±1647 06/29/95 09/27/95 CBI (G) Dehydration agent (G) Propoxylated amine Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5649

I. 167 Premanufacture Notices Received From: 06/23/95 to 07/25/95.ÐContinued

Projected Case No Received Notice Manufacture/Importer Use Chemical date Date

P±95±1648 06/29/95 09/27/95 Huntsman Corporation (G) Destructive use- (G) Nonylphenoxypoly(oxyalkylene) chemical intermediate P±95±1649 06/29/95 09/27/95 Huntsman Corporation (G) Destructive use- (G) Nonylphenoxypoly(oxyalkylene) chemical intermediate P±95±1650 06/29/95 09/27/95 Huntsman Corporation (G) Destructive use- (G) Nonylphenoxypoly(oxyalkylene) chemical intermediate P±95±1651 06/29/95 09/27/95 Huntsman Corporation (G) Destructive use- (G) Alkylphenylpolyetheramine chemical intermediate P±95±1652 06/29/95 09/27/95 Huntsman Corporation (S) Fuel additive (G) Alkylphenyl polyether amidoalkanol amine P±95±1653 06/29/95 09/27/95 Huntsman Corporation (S) Fuel additive (G) Alkylphenyl polyether amidoalkanol amine P±95±1654 06/29/95 09/27/95 CBI (G) Filler treatment (G) Organosilane ester P±95±1655 06/29/95 09/27/95 CBI (G) Petroleum product (G)Calcium alkylbenzene sulfonates additive P±95±1656 07/05/95 10/03/95 CBI (S) Additive in electro- (S) Iron (III) saccharate plating P±95±1657 06/29/95 09/27/95 Boulder Scientific Com- (S) Polymerization cata- (S) Zirconium, dichloro[1,2- pany lyst ethanediylbis[(1,2,3,3a,7a-eta)-1H-inden- 1-ylidene P±95±1658 07/05/95 10/03/95 ABCO Industries Inc (S) Adhersion promoter (S) Poly ethyl 2-oxy isophthalate-co-ethyl for textile size on poly- 2-oxy ethyl 5-sodium carboxylate ester fiber isophthalate-co-, ethyl 2-oxy ethyl 5-so- dium sulfonate isophthalate-co-, ethyl 2- oxy ethyl 5-ammonium tri (2- hydroxyethyl) carboxylate-co-, ethyl 2- oxy ethyl 5-ammonium tri (2- hydroxyethyl) sulfonate isophthalate-co-, ethyl 2-oxy ethyl carboxylic acid isophthalate-co-, ethyl 2-oxy ethyl sul- fonic acid isophthalate P±95±1659 07/05/95 10/03/95 Huntsman Corporation (G) Destructive use (G) Aminolalkyl alkanolamine P±95±1660 07/05/95 10/03/95 Huntsman Corporation (G) Destructive use (G) Aminolalkyl alkanolamine P±95±1661 07/05/95 10/03/95 Huntsman Corporation (G) Destructive use (G) Aminolalkyl alkanolamine P±95±1662 07/05/95 10/03/95 Huntsman Corporation (G) Destructive use (G) Aminolalkyl alkanolamine P±95±1663 07/05/95 10/03/95 Huntsman Corporation (G) Destructive use (G) Aminolalkyl alkanolamine P±95±1664 06/29/95 09/27/95 CBI (G) Flocculant (G) Modified polyacrylamide P±95±1665 06/29/95 09/27/95 CBI (G) Flocculant (G) Modified polyacrylamide P±95±1666 06/29/95 09/27/95 CBI (G) Flocculant (G) Modified polyacrylamide P±95±1667 06/29/95 09/28/95 CBI (G)Intermediate (G) Polyamine acid P±95±1668 06/29/95 09/27/95 Ciba-Geigy Corporation (G) Destructive use, (G) Heterocyclic amine carboxylic acid chemical intermediate P±95±1669 06/29/95 09/27/95 CBI (G) Flocculant (G) Modified polyacrylamide P±95±1670 06/29/95 09/27/95 CBI (G) Flocculant (G) Modified polyacrylamide P±95±1671 06/29/95 09/27/95 CBI (G) Flocculant (G) Modified polyacrylamide P±95±1672 06/30/95 09/28/95 CBI l(G) Open,non-dispersive (G) Aromatic polycarbodimide use P±95±1673 07/05/95 10/03/95 Wacker Silicones Cor- (G) Additive for silicone G) Dimethylvinylgroup functional siloxane poration elastomers P±95±1674 07/05/95 10/03/95 Eastman Chemical Com- (S) Water-dispersible, (G) Water-dispersible sulfopolyester pany hot-melt adhesive P±95±1675 07/05/95 10/03/95 CBI G) Additive for silicone (S) Silanol, trimethyl- materials P±95±1676 07/06/95 10/04/95 Boulder Scientific Com- (S)Ligand (S) Dimethylsiylene bis (2-methylindene) pany P±95±1677 07/06/95 10/04/95 Keystone Aniline Cor- (S) Colorant in textile (S) Sodium 5-(aminosulphonyl)-2-[7- poration (diethylamino)-2-oxo-2H-1-benzopyran- 3-yl]benzoxazolesulphonate P±95±1678 07/05/95 10/03/95 CBI (S) Sizing agent (G) Acrylic acid, alkyl ester, polymer with monocarbocyclicalkene P±95±1679 07/11/95 10/05/95 Texaco Lubricants Com- (S) Automotive bearings (G) Diurea grease thickener prepared by pany North America the reaction of a diisocyanate with an al- iphatic amine P±95±1680 07/07/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1681 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1682 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer 5650 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

I. 167 Premanufacture Notices Received From: 06/23/95 to 07/25/95.ÐContinued

Projected Case No Received Notice Manufacture/Importer Use Chemical date Date

P±95±1683 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1684 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1685 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1686 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1687 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1688 07/11/95 10/09/95 H. B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1689 07/11/95 10/09/95 H. B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1690 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1691 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1692 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1693 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1694 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1695 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1696 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1697 07/11/95 10/09/95 H.B. Fuller Company (S) Adhesive (G) Isocyanate-terminated polyester poly- urethane prepolymer P±95±1698 07/07/95 10/05/95 Henkel Corporation (G) Radiation curing (G) Aliphatic acrylourethane oligomer P±95±1699 07/06/95 10/04/95 SDC Coatings Inc. (S) An abrasion resistant (G) Organofunctional silica coating for plastics P±95±1700 07/07/95 10/05/95 Percy International Ltd. (S) Epoxy resin curing (S) A polymer of: tetraethylene pentamine; agent in water polyoxypropylene diglycidyl ether; cresyl glycidyl ether P±95±1701 07/10/95 10/08/95 CBI (G) Open, non-dispensive (G) Modified resin ester use P±95±1702 07/10/95 10/08/95 CBI (G) Open, non-dispensive (G) Modified resin ester use P±95±1703 07/10/95 10/08/95 CBI (G) Open, non-dispensive (G) Modified resin ester use P±95±1704 07/11/95 10/09/95 CBI (G) Textile additive (G) Amino alkoxy polydimethyl siloxane P±95±1705 07/11/95 10/09/95 CBI (G) Papermaking chemi- (G) Copolymer of tetra alkylammonium cal chloride and dialkylammonium chloride P±95±1706 07/11/95 10/09/95 CBI (G)Coating curative (G)Polyamine epoxy resin adduct P±95±1707 07/12/95 10/10/95 E. I. du Pont de Nemours (G) Isolated intermediate (G)Metal salt of aromatic sulfo carboxylate & Company, Inc. in polyester manufac- ture P±95±1708 07/10/95 10/08/95 CBI (G) Diels-alder adduct (G)High molecular weight unsaturated car- used in an open, non- boxylic acid dispersive P±95±1709 07/12/95 10/10/95 CBI (S)Leather auxiliary (soft- (G) Polymer of acrylic acid with fatty alkyl ener) esters and ethers,salt P±95±1710 07/12/95 10/10/95 Arizona Chemical (S) Resin component in (G) Phenolic modified rosin ester production of heat-set, web off- P±95±1711 07/13/95 10/11/95 Houghton International (S) Emulsifier for hydrau- (S) 2,5-Furandione,dihydro- Inc. lic fluid ,monopolyisobutylene derivates reaction products with 1-(dimethylamino)-2-pro- panol and 4(or 5)-methyl-1H- benzotriazole P±95±1712 07/11/95 10/09/95 Reichhold Chemicals Inc. (G) Hot melt adhesive (G) Polyurethane adhesive P±95±1713 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1714 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1715 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1716 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1717 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1718 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1719 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5651

I. 167 Premanufacture Notices Received From: 06/23/95 to 07/25/95.ÐContinued

Projected Case No Received Notice Manufacture/Importer Use Chemical date Date

P±95±1720 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1721 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1722 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1723 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1724 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1725 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1726 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1727 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1728 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1729 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1730 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1731 07/12/95 10/10/95 CBI (S) Resin for printing ink (G) Olefin modified hydrocarbon resin P±95±1732 07/13/95 10/11/95 Eastman Kodak Com- (G) Contained use in an (G) N-Substitutedhaloaromatic pany article benzotriazole aryl ester P±95±1733 07/13/95 10/11/95 CBI (G) Adhesives for open, (G) Polyurethane polymer non-dispersive use P±95±1734 07/13/95 10/11/95 CBI (G) Wet end paper binder (G) Starch, 2-Carboxy-2-substituted-ether P±95±1735 07/13/95 10/11/95 CBI (G) Wet end paper binder (G) Starch, 2-carboxy-2-substituted-ether P±95±1736 07/13/95 10/11/95 CBI (G) Charge control agent (G) Substituted napthalene iron complex P±95±1737 07/13/95 10/11/95 Hoechst Celanese Cor- (G) Destructive end use (G) Polyesteramine quat poration P±95±1738 07/14/95 10/12/95 CBI (G) Colorant (G) Polymeric colorant P±95±1739 07/14/95 10/12/95 CBI (G) Colorant (G) Polymeric colorant P±95±1740 07/18/95 10/16/95 Eastman Kodak Com- (G) Contained use in an G) Alkylthio substituted naphthalene pany article carboxamide P±95±1741 07/19/95 10/17/95 CBI (S) Component of a wa- (S) Fatty acids, C12±20 and C12±20-unsatu- terless hand cleaner rated, me esters P±95±1742 07/17/95 10/15/95 Engelhard Corporation (S) As an organic pig- (G) Metallized azo yellow pigment ment in plastics, coat- ings and ink P±95±1743 07/18/95 10/16/95 Eastman Kodak Com- (G) Chemical intermedi- (S) 3,6,9,12-Tetraoxaeicosan-1-ol pany ate methanesulfonate P±95±1744 07/18/95 10/16/95 Eastman Kodak Com- (G) Chemical intermedi- (S) 3,6,9,12-Tetraoxaeicosan-1-ol pany ate P±95±1745 07/18/95 10/16/95 Huls America Inc (S) Crosslinking agents (G) Polymer of isophorone diisocyanate for powder coatings and aliphatic diols/aliphatic dicarboxylic acid P±95±1746 07/18/95 10/16/95 Huls America Inc (S) Crosslinking agent for (G) Polymer of isophorone diisocyanate powder coatings and aliphatic polyol/oxoalkylimine blocked P±95±1747 07/18/95 10/16/95 CBI (G) Reaction product of an aromatic dianhydride and an ali- phatic ester with aro- matic diamines P±95±1748 07/18/95 10/16/95 CBI (G) Water-borne coating (G) Styrene acrylic polymer P±95±1749 07/20/95 10/18/95 CBI (S) Agricultural chemical (G) Substituted pyridinedicarboxylic ester intermediate P±95±1750 07/20/95 10/18/95 BASF Corporation (S) Solvent (G) Pentanediol light residues P±95±1751 07/20/95 10/18/95 CBI (G) Open, non-dispersive (G) Methylenebis[substituted benzene] coating additive P±95±1752 07/20/95 10/18/95 CBI (G) Open, non-dispersive (G) Methylenebis[substituted benzene] coating additive P±95±1753 07/20/95 10/18/95 CBI (G) Open, non-dispersive (G) Methylenebis[substituted benzene] coating additive P±95±1754 07/20/95 10/18/95 CBI (G) Open, non-dispersive (G) Methylenebis[substituted benzene] coating additive P±95±1755 07/21/95 10/19/95 Percy International Ltd. (S) Epoxy resin curing (G) Polyamine adduct agent in water 5652 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices

I. 167 Premanufacture Notices Received From: 06/23/95 to 07/25/95.ÐContinued

Projected Case No Received Notice Manufacture/Importer Use Chemical date Date

P±95±1756 07/21/95 10/19/95 Shin-Etsu Silicones of (S) Polymer of siloxanes America, Inc and silicones, di-me, 3- hydroxypropyl-, group- terminated, ethoxylated; cyclosiloxanes, di-me; cyclotetrasiloxane, octaphenyl- P±95±1762 07/24/95 10/22/95 Olin Corporation (S) Binder for 2- (G) TDI prepolymer compound urethane paints (industrial

II. 61 Notices of Commencement of Received Date of 6/23/95 to 07/25/95.

Commencement Case No. Received date Date Chemical

P±93±1399 07/14/95 06/20/95 (S) Polymer of: hexanediol; trimethylolpropane; diphenylmethane diisocyanate P±95±0493 07/14/95 06/14/95 (G) Acid functional acrylic dispersion P±95±0607 07/18/95 06/13/95 (G) Aliphatic alcohol polymer P±94±1464 07/18/95 06/14/95 (G) Polyurethane/acrylic grafted copolymer, dimethylaminoethanol salt P±95±0620 07/18/95 06/13/95 (G) Fatty acid alkyd P±95±0862 07/17/95 06/15/95 (G) Salt of a substituted mineral acid P±95±0863 07/17/95 06/15/95 (G) Salt of a substituted mineral acid Y±95±0006 07/11/95 06/19/95 (G) Aliphatic polyurethaneurea P±93±0702 07/12/95 06/20/95 (G) Amide carboxylate P±94±1460 07/12/95 06/20/95 (G) Amide carboxylate salt P±94±1826 07/24/95 07/18/95 (G) Modified acrylic polymer P±94±1903 07/18/95 06/25/95 (S) A polymer of: benzene, ethenyl; 2,5 furandione, dihydro 3-(tetrapropenyl); 1,6- hexandiol; hexanedioic acid; hexanedioic acid; soybean oil, epoxidized; 1,3-dihydroxy- 2,2-dimethylpropane; 5-isobenzofurancarboxylic acid, 1,3-dihydro-1,3-dioxo; 2-propenoic acid, 2-methyl-oxiranylmethylester; 2-propenoic acid, 2-ethylhexyl ester; 1-propanol, 2- amino-2-methyl; 1,2-propanediol P±94±2202 07/21/95 07/10/95 (S) Poly(oxy-1,4-butanediyl), alpha-hydro-omega-hydroxy-, with 1,6-diisocyanatohexane P±95±0008 07/21/95 06/21/95 (G) Poly(acrylate alkyl ester/ acryl acid/ vinyl aryl) P±95±0566 07/20/95 07/05/95 (G) Hexanedioic acid, polymer with alkandiols, 3-hydroxy-2-(hydroxymethyl)-2- methylpropanoic acid, 2-ethyl-2-(hydroxymethyl)-1,3 propandiol, hydrazine, cycloaliphatic isocyanates P±95±0619 07/18/95 07/12/95 (G) Chelate P±95±0656 07/18/95 07/10/95 (S) Canola oil, lauric acid - high P±95±0743 07/19/95 06/24/95 (G) Amine oxide, dimethyl (polyfluoro-hydro-alkyl) P±95±0744 07/19/95 06/24/95 (G) Amine oxide, dimethyl (polyfluoro-alkyl) P±95±0877 07/21/95 06/27/95 (G) Silicone polymer P±95±0972 07/24/95 07/13/95 (S) Architectural coatings P±95±1037 07/21/95 07/06/95 (S) Chemical intermediate used in the manufacture of ph P±93±0560 07/07/95 06/06/95 (G) Fluorinated cyclophosphazene P±95±0527 07/11/95 06/30/95 (G) Polyester/acrylic copolymer P±95±0675 07/13/95 06/23/95 (G) Cresol, amino benzenesulfonic acid, formaldehyde condensate P±95±0976 07/11/95 07/05/95 (S) Latex thickener P±95±0639 07/12/95 06/13/95 (G) Acrylated alkyd polymer P±95±0815 07/03/95 06/20/95 (S) Phenol, 2,6-dimethyl-, homopolymer, 2,4,6-trimethylphenyl-terminated P±93±0308 07/11/95 06/21/95 (G) Salt of aminooxalkylate ester P±93±1646 07/06/95 06/08/95 (G) Halogenated nitrile P±94±1538 07/07/95 06/09/95 (G) Organoaluminum compound P±94±1561 07/06/95 06/13/95 (G) Calcium salts of alkyl salicylate and alkyl phenate sulfide P±95±0191 07/11/95 06/15/95 (G) Epoxy isocyanate adduct P±95±0426 07/06/95 06/28/95 (S) 2-Decen-1-al, (e)- P±95±0569 07/06/95 06/13/95 (G) Modified acrylic polymer P±95±0611 06/22/95 06/15/95 (G) Dimethylaminoethyl methacrylate polymer salt P±95±0612 06/22/95 06/14/95 (G) Dimethylaminoethyl methacrylate polymer salt Y±95±0039 07/03/95 06/02/95 (G) Styrene/acrylic ester multipolymer P±95±0006 07/06/95 06/29/95 (S) A Polymer of: bisphenol A, epichlorohydrine polymer; polypropyleneglycol 1010; bisphenol A; diethanolamine; N,N-dimethylamino propylamine; 2-ethylhexylamine; acetic acid P±95±0292 07/05/95 06/20/95 (G) 4,4′-(1-Methylethylidene)bis(2,6-dibromophenol), polymer with (chloromethyl)oxirane, ether Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Notices 5653

II. 61 Notices of Commencement of Received Date of 6/23/95 to 07/25/95.ÐContinued

Commencement Case No. Received date Date Chemical

P±95±0270 06/23/95 05/27/95 (S) A Polymer of: 2-propenoic acid; 2-methyl-2-propenoic acid N-butyl ester; 2-propenoic acid ethylhexyl ester; styrene; 2-methyl-2-propenoic acid methyl ester; 2-methyl-2-prope- noic acid hydroxypropyl ester; 1,3-isobenzofurandione; di-tert.-butylperoxide P±95±0271 06/23/95 05/27/95 (S) A polymer of: glycidyl neodecanoate; 2-propenoic acid; 2-methylpropenoic acid isobutyl ester; 2-propenoic acid isobutyl ester; 1-methylpropenoic acid 2-ethyl hexyl ester; 2- methylpropenoic acid 2-hydroxyethyl ester; 2-methylpropenoic acid hydroxypropyl ester; styrene; di-tert-butylperoxide P±95±0284 06/28/95 06/01/95 (G) Phosphoric acid derivative P±95±0637 06/28/95 06/02/95 (S) Perfluoropent-2-ene P±95±0638 06/28/95 06/26/95 (S) Pentane, 1,1,1,2,3,4,4,5,5,5-decafluoro Y±95±0092 06/29/95 06/05/95 (G) Structural component for articles P±95±0931 06/30/95 06/20/95 (S) Resin vehicle for the production of heat-seat, web P±95±0742 06/30/95 06/06/95 (G) Modified polyamide P±94±1736 06/22/95 05/19/95 (G) Unsaturated polyester P±94±2205 06/23/95 05/30/95 (G) Fluorochemical urethane P±94±2206 06/27/95 05/30/95 (G) Fluorosilicone acrylate P±95±0673 06/27/95 06/13/95 (S) A Polymer of 1,2-ethanediol; 1,4-benzenedicarboxylic acid; 2,6-naphthalenedicarboxylic acid, dimethyl ester; 1,3-benzenedicarboxylic acid Y±95±0094 07/05/95 06/28/95 (S) Water-dispersible, hot melt adhesive P±95±0618 07/07/95 06/24/95 (G) Methacrylic acid copolymer P±95±0622 07/10/95 06/09/95 (G) Acrylic resin salt P±95±0942 07/10/95 06/29/95 (G) Substituted phenyl azo substituted naphthalene amino triazinyl amino substituted pro- pane P±95±0867 07/11/95 06/26/95 (G) Modified aliphatic amine P±95±0346 07/11/95 06/22/95 (G) Polyurea prepolymer P±94±2036 07/11/95 06/16/95 (S) Polymer of acrylic acid, sodium salt, acrylamide, 2,2′-azobis(2-amidinopropane)- dihydrochloride, 3-mercaptopropionic acid, methyl methacrylate P±95±0604 07/24/95 06/27/95 (G) Polyurethane salt P±95±0826 07/24/95 07/18/95 G) Substituted methyl ester of benzoic acid

List of Subjects Environmental protection, Premanufacture notices, and Test marketing exemption applications. Dated: January 31, 1996. Douglas W. Sellers, Acting Director, Information Management Division, Office of Pollution Prevention and Toxics. [FR Doc. 96–2922 Filed 2–12–96; 8:45 am] BILLING CODE 6560±50±F federal register February 13,1996 Tuesday Organizations; FinalRules Hospitals andOtherNon-Profit With InstitutionsofHigherEducation, Requirements forGrantsandAgreements Procedures; UniformAdministrative Records Commission,GrantProgram National HistoricalPublicationsand 36 CFRParts1206and1210 Administration and Records National Archives Part IV 5655 5656 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

NATIONAL ARCHIVES AND RECORDS of at least one of these shall be a Hospitals and Other Non-Profit ADMINISTRATION member of the State historical records Organizations’’ with references to advisory board (board).’’ NARA’s regulations in 36 CFR part 1210 36 CFR Part 1206 One commenter, director of a State that implement that Circular. These Department of Archives and History, NARA regulations were published as an [RIN 3095±AA43] suggested a modification to the language interim final rule on October 16, 1995, National Historical Publications and in § 1206.38(a), regarding the at 60 FR 53514. A final rule confirming Records Commission; Grant Program designation of the State historical the interim rule without change is records advisory board chair, to Procedures published in today’s Federal Register. accommodate boards operating under The information collections contained AGENCY: National Archives and Records state statutes that specify that a chair in this final rule have been approved by Administration. should be elected. The wording of the the Office of Management and Budget ACTION: Final rule. sentence in question has been changed under the Paperwork Reduction Act. to read as follows: ‘‘Each State desiring This final rule has not been reviewed by SUMMARY: The National Archives and to participate in the program shall the Office of Management and Budget Records Administration (NARA) is define an appointment process and under Executive Order 12866 of updating and clarifying current appoint a State historical records September 30, 1993. As required by the regulations in 36 CFR Part 1206 relating advisory board consisting of at least Regulatory Flexibility Act, it is hereby to the National Historical Publications seven members, including the State certified that this rule will not have a and Records Commission (NHPRC) historical records coordinator, who significant impact on small entities. grant program. In particular, language chairs the board, unless otherwise has been revised to reflect an internal specified in state statute.’’ List of Subjects in 36 CFR Part 1206 reorganization; to address revisions to The Territorial Archivist of American Grant programs—Archives and the state historical records coordinator Samoa had two suggestions. First, he records, Grant administration. and advisory board program; to include recommended that the term For the reasons set forth in the mention of archival administration and ‘‘international’’ be added to language in preamble, Part 1206 of Title 36 of the documentary editing fellowships for § 1206.2(f) to accommodate projects Code of Federal Regulations is amended individuals; to include prior approval needing to involve state or territorial as follows: requirements for changes in the grant records held by countries outside the project; to cite government-wide United States. We believe that his PART 1206ÐNATIONAL HISTORICAL requirements for grant administration recommended wording change is better PUBLICATIONS AND RECORDS and audit; and to make grantees aware placed in § 1206.2(g) and have changed COMMISSION of the lobbying certification requirement the wording of the first sentence to 1. The authority citation of part 1206 for grants of $100,000 or more. The rule encompass activities of the type he has continues to read as follows: will affect NHPRC applicants and in mind: ‘‘The term national projects grantees. means records projects involving Authority: 44 U.S.C. 2104(a); 44 U.S.C. records or activities in several regions, 2501–2506. EFFECTIVE DATE: This rule is effective March 14, 1996. in widely separated States, or that have 2. Section 1206.1 is revised to read as an international component.’’ follows: FOR FURTHER INFORMATION CONTACT: His second suggestion aimed at Nancy Sahli at 202–501–5603. broadening the options for matching § 1206.1 Scope of part. SUPPLEMENTARY INFORMATION: On funds as described in § 1206.50(c) by This part prescribes the procedures September 8, 1995, NARA published a adding the word ‘‘old.’’ We believe that and rules governing the operation of the notice of proposed rulemaking in the the same purpose is served by grant program of the National Historical Federal Register at 60 FR 46798. Twelve eliminating the word ‘‘new’’ that Publications and Records Commission. comments were received on the currently exists in the first sentence in 3. Section 1206.2 is amended by proposed rule. Eight of the comments the section. State and local government revising paragraphs (e), (f), and (g) to were favorable and recommended grantees would still be required to read as follows: adoption of the rule in its existing form. demonstrate that matching funds had Four comments recommended changes been provided above and beyond funds § 1206.2 Definitions. or modifications to the rule which have previously allocated or planned for the * * * * * been addressed as follows: agency’s budget and that the funds are (e) The term State projects means Two commenters associated with set aside exclusively to support the records projects directed by State archival organizations suggested NHPRC grant. The revised sentence organizations operating within and that the sentence in § 1206.36 dealing would read as follows: ‘‘An application involving records or activities within with appointment of State historical for a matching grant should be made one State. Records or activities of such agency officials other than the State when an applicant has prospects of projects will typically be under the archivist be clarified. Their concern was securing financial support from a third administrative control of the that the current wording might result in party, or, in the case of a State or local organization applying for the grant. The the required addition of numerous government agency, funds from the records or activities need not relate to officials of State historical agencies to institution’s own appropriation source the history of the State. the State historical records advisory are provided expressly for the project (f) The term regional projects means boards, thereby making the boards proposed in the application.’’ records projects involving records or unwieldy in size. The wording of the In addition to these changes suggested activities in more than one State in a sentence has been changed to read as by commenters, NARA has replaced region. Regional projects include those follows: ‘‘If the State has another state- references to OMB Circular A–110, undertaken by regional archival groups funded historical agency or agencies ‘‘Uniform Administrative Requirements or consortia. with archival and/or records for Grants and Agreements with (g) The term national projects means responsibilities, the official(s) in charge Institutions of Higher Education, records projects involving records or Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5657 activities in several regions, in widely to some outstanding event or to some projects. Grant application and separated States, or that have an topic or theme of national significance administration procedures are given in international component. In general, the in U.S. history. These projects shall subpart D of this part. location of the records and/or the site of consist of collecting, compiling, editing, 13. Section 1206.32 is revised to read grant-funded activities will determine and publishing, either selectively or as follows: the category of submission. comprehensively, the papers or 4. Section 1206.6 is revised to read as documents. Publication may be in the § 1206.32 Scope and purpose. follows: form of printed, microform, or Through its support for records electronic editions. Electronic formats projects, the National Historical § 1206.6 The Commission's Grant Publications and Records Commission Program. for publication of documentary sources will be considered only when suitable encourages a greater effort at all levels The Commission operates primarily preservation of the data can be assured. of government and by private through a grant program supporting Three copies of each book publication organizations to preserve and make publications projects (subpart B) and should be deposited with the National available for use those records, records projects (subpart C). Historical Publications and Records generated in every facet of life, that Fellowships for individuals in archival Commission (NHPRC), Washington, DC further an understanding and administration and documentary editing 20408. These copies may be included as appreciation of U.S. history. In the are also offered, as well as an annual part of the five complimentary copies to public sector, these historical records institute for the editing of historical be sent by presses receiving subvention document significant activities of State, documents. grants. county, municipal, and other units of 5. Section 1206.7 is added to subpart (b) For microform projects, the grantee government. In the private sector, A to read as follows: shall make positive prints and all historical records include manuscripts, § 1206.7 Organization. finding aids available to institutions, personal papers, and family or corporate archives that are maintained by a variety The Executive Director, Program scholars, or students through of general repositories as well as Director, and the staff of the interlibrary loan and for purchase. Five materials in special collections relating Commission administer the publications complimentary copies of guides and to particular fields of study, including and records grants under the guidance indexes produced by the projects shall the arts, business, education, ethnic and of the Commission and the immediate be sent to the Commission. minority groups, immigration, labor, administrative direction of its chairman, 10. In § 1206.18, paragraphs (a) and politics, professional services, religion, the Archivist of the United States. (c) are revised to read as follows: science, urban affairs, and women. In 6. Section 1206.10 is revised to read § 1206.18 Subsidies for printing costs. addition to recommending the as follows: (a) The Commission will consider supporting of projects relating directly § 1206.10 General. grant applications from university and to a body of records, the Commission This subpart describes the scope, other nonprofit presses for the may also recommend support for purpose, and operation of that part of subvention of part of the costs of projects to advance the state of the art, the grant program relating to manufacturing and disseminating to promote cooperative efforts among publications projects and prescribes volumes that have been formally institutions and organizations, and to requirements applicable to printed, endorsed by the Commission. Grants not improve the knowledge, performance, microform, and electronic publication exceeding $10,000 per volume ($3,000 and professional skills of those who projects. Grant application and for reprints) are awarded upon work with historical records. recommendation of the Commission to administration procedures are given in § 1206.34 [Removed] subpart D of this part. promote the availability of Commission- 7. Section 1206.12 is revised to read supported documentary editions. 14. Section 1206.34 is removed. as follows: * * * * * 15. Section 1206.36 is revised to read (c) The Commission shall receive five as follows: § 1206.12 Scope and purpose. complimentary copies of each published § 1206.36 State historical records Publications projects are intended to volume for which a subvention grant is coordinator. ensure the dissemination and made. (a) The governor of each State desiring accessibility of documentary source 11. Section 1206.20 is revised to read to participate fully in the program shall material important to the study and as follows: appoint a State historical records understanding of U.S. history. Projects coordinator (coordinator), who shall be should therefore be based upon material § 1206.20 Microform publication the full-time professional official in of widespread interest among scholars, standards. charge of the State archival program or students, and informed citizens. Technical standards for NHPRC- agency. If the State has another state- Documents should have historical value sponsored microform projects are stated funded historical agency or agencies and interest that transcend local and in the brochure ‘‘National Historical with archival and/or records State boundaries. Publications and Records Commission: Microform Guidelines,’’ which will be responsibilities, the official(s) in charge § 1206.14 [Removed] supplied to applicants upon request and of at least one of these shall be a 8. Section 1206.14 is removed. to grantee institutions at the time a grant member of the State historical records 9. Section 1206.16 is revised to read is made for a microform project. advisory board (board). The coordinator as follows: 12. Section § 1206.30 is revised to is appointed to a minimum four-year read as follows: term, but may continue to serve until § 1206.16 Project requirements. replaced by the governor or until (a) Each publications project shall § 1206.30 General. resignation. The coordinator shall serve include either the papers of a U.S. This subpart describes the scope, as chair of the board and shall be the leader in a significant phase of life in purpose, and operation of that part of central coordinating officer for the the United States or documents relating the grant program relating to records historical records grant program in the 5658 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

State. The person appointed will not be coordinating body to facilitate 18. Section 1206.52 is revised to read deemed to be an official or employee of cooperation among historical records as follows: the Federal Government and will repositories and other information receive no Federal compensation for agencies within the state and as a state- § 1206.52 Grant limitations. such service. The pamphlet ‘‘Guidelines level review body for grant proposals as Grant limitations are described in the for State Historical Records defined in the Commission’s guidelines. grant program guidelines pamphlet, Coordinators and State Historical Specifically, the board may perform available on request from the Records Advisory Boards,’’ which is such duties as sponsoring and Commission. available from the Commission and publishing surveys of the conditions 19. Section 1206.54 is revised to read from State historical records and needs of historical records in the as follows: coordinators, provides further State; soliciting or developing proposals § 1206.54 Who may apply. information on the role of the for projects to be carried out in the State coordinator. with NHPRC grants; reviewing The Commission will consider (b) In the event of the resignation of proposals by institutions in the State applications from State and local the coordinator or other inability to and making recommendations about government agencies, nonprofit serve, a deputy coordinator, if one has these to the Commission; developing, organizations and institutions, Federally been designated, will serve as acting revising, and submitting to the acknowledged or state-recognized State coordinator until the governor Commission State priorities for Native American tribes or groups, and, makes an appointment. In the absence historical records projects following under certain conditions, from of a deputy coordinator, the NHPRC will guidelines developed by the individuals. Proposals for State projects recognize an acting coordinator, Commission; promoting an falling under the Commission’s goals, selected by the state board, who shall understanding of the role and value of ‘‘To Assure the Preservation of the serve until the governor appoints a historical records; acting in an advisory Nation’s Documentary Heritage through coordinator in order to conduct the capacity to the state archives and other State Collaborative Efforts’’ and ‘‘To necessary business of the board. statewide archival or records agencies; Achieve Progress in the Preservation 16. Section 1206.38 is revised to read and reviewing, through reports and and Use of Original Source Material,’’ as as follows: otherwise, the operation and progress of defined in the grant program guidelines, will be accepted only from applicants in § 1206.38 State historical records advisory projects in the State financed by NHPRC grants. States in which a State historical board. records coordinator and a State 17. In § 1206.50, paragraph (c) is (a) Each State desiring to participate historical records advisory board are revised to read as follows: in the program shall define an currently appointed. This requirement appointment process and appoint a § 1206.50 Types of grants. does not apply to regional or national State historical records advisory board projects. consisting of at least seven members, * * * * * (c) Matching grants. An application 20. Section 1206.56 is revised to read including the State historical records as follows: coordinator, who chairs the board, for a matching grant should be made unless otherwise specified in state when an applicant has prospects of § 1206.56 When to apply. statute. The coordinator shall provide securing financial support from a third Grant proposals are considered during the Commission with a description of party or, in the case of a State or local Commission meetings held three times the appointment process. A majority of government agency, funds from the during the year. For current application the members shall have recognized institution’s own appropriation source deadlines contact the grant program experience in the administration of are provided expressly for the project staff or State historical records government records, historical records, proposed in the application. Upon coordinators (for records grant or archives. The board should be as Commission approval of a matching proposals). Some State boards have broadly representative as possible of the grant request, the applicant shall established pre-submission review public and private archives, records present written documentation deadlines for records proposals; further offices, and research institutions and certifying that matching funds have information is available from State organizations in the State. Board been provided for the project by the coordinators. members will not be deemed to be non-Federal source. In the case of a 21. In § 1206.58, paragraphs (b), (c), officials or employees of the Federal State or local government agency, the and (d) are revised to read as follows: Government and will receive no Federal matching requirement may also be met compensation for their service on the through matching funds from the State § 1206.58 How to apply. board. They are appointed for three or local government, provided that it * * * * * years with the possibility of renewal; can be demonstrated to the (b) Application forms. Applicants for and preferably terms are staggered so Commission’s satisfaction that the NHPRC grants shall use Standard Form that one-third of the board is newly matching amount has been provided 424, Application for Federal Assistance, appointed or reappointed each year. If above and beyond funds previously and NA Form 17001, Budget Form the board is not established in State law, allocated or planned for the agency’s (OMB Control Number 3095–0004). members’ terms continue until budget and that the funds are set aside Applicants for subvention grants also replacements are appointed. The board exclusively to support the project submit the NHPRC subvention grant may adopt standards for attendance and proposed for an NHPRC grant. application (OMB Control Number may declare membership positions open Applicants need not, however, have 3095–0021), and applicants for archival if those standards are not met. money in hand to make a matching administration fellowship host (b) The board is the central advisory grant request; they need only assure the institution grants submit a special body for historical records planning and Commission that they have reasonable application (OMB Control Number for Commission-funded projects prospects of obtaining the needed 3095–0015). Applicants for NHPRC- developed and carried out within the amounts. sponsored fellowships complete the State. The board serves as a * * * * * appropriate fellowship application Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5659

(OMB Control Numbers 3095–0011, adherence to established technical funds involved does not exceed 10 3095–0012, or 3095–0014). Copies of standards for the production of printed percent of the amount of the award or these applications and forms are volumes, particular in the quality of $5,000, whichever is less. Requests to available from the commission. Project paper and ink. Staff recommendations establish these new cost categories must proposals and related correspondence are considered by the full Commission be made in writing and signed by the should be sent to the National Historical at regular meetings. grantee institution’s authorized Publications and Records Commission * * * * * representative. Requests that exceed this (NHPRC), Washington, DC 20408. 23. Section 1206.68 is revised to read limit are subject to approval by the full (c) Assurances and certifications. All as follows: Commission. grant applications to the Commission (3) Other changes requiring prior must include the following assurances § 1206.68 Grant administration approval. Prior written approval from and certifications signed by an responsibilities. authorized representative of the Primary responsibility for the the Commission must be obtained for applicant institution, or in the case of an administration of grants is shared by the financial or programmatic changes in all individual applicant, by that individual: grantee institution and the project cases involving the following: revision Standard Form 424B, Assurances: Non- director designated by the institution. In of the scope or objectives of the project; Construction Programs; the Certification the case of grants made to individuals, change of the project director or other Regarding Debarment, Suspension, and the individual named as project director key project personnel who have been Other Responsibility Matters specified has primary responsibility for the specifically named in the grant in part 1209, appendix B; the administration of the grant. Grants shall application or award or related Certification Regarding Drug-free be administered in conformance with correspondence; and, contracting out, Workplace Requirements specified in either the regulations in part 1210 of subgranting, or otherwise obtaining the part 1209, appendix C, of this chapter; this chapter or, in the case of State and services of a third party to perform and, if the application requests more local governments, with the regulations activities central to the purposes of the than $100,000 in Federal funds, a signed in part 1207 of this chapter. All grants grant, unless specified in the grant Certification for Grants, Loans, or shall be in conformance with part 1209 proposal. Cooperative Agreements in Excess of of this chapter. (b) Submission of requests for (a) Changes in the grant project: $100,000 (certification regarding changes. All requests for approval of (1) Extension of the grant period. lobbying). Assurance and certification Requests for extension of the grant budget or programmatic changes must language is included in the program period must be made before the end of be submitted in the form of a letter pamphlet. the grant period and must be signed by signed by the grantee institution’s (d) Program guidelines pamphlet. the grantee institution’s authorized authorized representative for the grant Supplementary information for representative as indicated on the grant and addressed to the Program Director. applicants is contained in the pamphlet, application form (SF 424). No A written response signed by the ‘‘Program Guidelines: Applications and extensions will be allowed unless Program Director of the Commission Grants,’’ which is available from the grantees are up-to-date in their will constitute approval for the changes. Commission upon request. The submission of financial and narrative 24. Section 1206.78 is revised to read pamphlet is also available from State reports. as follows: historical records coordinators. This (2) Rebudgeting. To meet pamphlet includes copies of the unanticipated program needs, grantees § 1206.78 Grant reports. application form and certifications, may adjust the amounts allocated to (a) Financial status reports and guidelines on the preparation of project existing budget lines for both grant budgets and program narrative narrative progress reports are required funds and cost sharing and may transfer for all grants. Standard Form 269, statements, and other guidance on grant funds among existing NHPRC- applying for and administering NHPRC Financial Status Report, shall be used funded direct cost categories that appear for all financial reports. The pamphlet, grants. OMB Control Number 3095– in the final project budget approved by 0013 has been assigned to this ‘‘Program Guidelines: Applications and the Commission at the time of the grant Grants,’’ which is provided to each information collection. award. Cost-sharing funds may also be 22. In § 1206.66, paragraphs (b) and grantee and is available from the shifted among existing cost-sharing (c) are revised to read as follows: Commission on request, specifies the categories. For grants where the content of the narrative progress reports § 1206.66 Review and evaluation of grant NHPRC’s award is less than $100,000, (OMB Control Number 3095–0013). proposals. grantees may make these transfers (b) Financial reports are due annually * * * * * without NHPRC approval. When (b) Publications grant proposals. The Commission grant awards are for 30 days after the end of each reporting Commission staff reviews publications $100,000 or more, grantees must obtain period. Narrative progress reports are grant proposals for completeness, prior approval from the NHPRC when due 30 days after the end of each six- conformity with application cumulative transfers among direct cost month period. Final financial and requirements, and relevance to the categories total more than 10 percent of narrative reports are due within 90 days objectives of the grant program. the total project budget (i.e., grant funds after the expiration or termination of the Proposals are sent to specialists in plus other funds). In addition, the grant period. Grants with a duration of American history and documentary Program Director of the Commission six months or less require a final report editing for review and may approve the use of NHPRC grant only. Additional rules on financial and recommendations. The funds for new cost categories for which performance reports are found in recommendations are considered by the Commission funds were not provided in §§ 1210.51 and 1210.52 or §§ 1207.40 full Commission at regular meetings. the final approved budget where such and 1207.41 of this chapter, as (c) Subvention grant applications. The action seems appropriate for the appropriate. Commission staff reviews subvention fulfillment of the original purposes of 25. Section 1206.79 is added to read grant applications to ensure their the grant and where the amount of as follows: 5660 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

§ 1206.79 Audits. Dated: February 6, 1996. EFFECTIVE DATE: This rule is effective Grantees are responsible for obtaining John W. Carlin, November 15, 1995. audits in accordance with either the Archivist of the United States. FOR FURTHER INFORMATION CONTACT: Single Audit Act of 1984 (31 U.S.C. [FR Doc. 96–3097 Filed 2–12–96; 8:45 am] Nancy Sahli or Nancy Copp at (202) 7501–7), for which audit requirements BILLING CODE 7515±01±P 501–5603. have been set forth in Office of SUPPLEMENTARY INFORMATION: On Management and Budget (OMB) October 16, 1995 at 60 FR 53514, NARA Circular A–128, ‘‘Audits of State and NATIONAL ARCHIVES AND RECORDS published an interim final rule that Local Governments,’’ or requirements ADMINISTRATION incorporates and reflects the provisions of the Office of Management and Budget established under OMB Circular A–133, 36 CFR Part 1210 ‘‘Audits of Institutions of Higher (OMB) Circular A–110 in a new 36 CFR Education and Other Nonprofit RIN 3095±AA43 part 1210. A 60-day comment period Organizations,’’ as appropriate. Copies was provided. No written comments Uniform Administrative Requirements were received. Accordingly, the interim are available from the Commission for Grants and Agreements With office or from OMB. The grantee is rule is adopted as a final rule without Institutions of Higher Education, change. responsible for ensuring that the NHPRC Hospitals and Other Non-Profit This rule is a significant regulatory receives a copy of the audit report for Organizations action for purposes of Executive Order any audit performed during the grant 12866 of September 30, 1993, and was period or for three years thereafter. A AGENCY: National Archives and Records Administration. reviewed by the Office of Management reasonable portion of grant funds, as and Budget before publication as an defined in the OMB Circular, may be ACTION: Final rule; confirmation of interim final rule. interim final rule. As required by the used to comply with audit Regulatory Flexibility Act, it is hereby requirements. The Commission prefers SUMMARY: The National Archives and certified that this rule will not have a that the grantee assume such costs as Records Administration (NARA) is significant impact on small entities. institutional cost sharing. adopting as a final rule the interim final List of Subjects in 36 CFR Part 1210 26. Section 1206.94 is revised to read rule establishing regulations as follows: incorporating the revised OMB Circular Accounting, Administrative practice A–110, ‘‘Uniform Administrative and procedure, Grant programs, Grants § 1206.94 Compliance with Requirements for Grants and administration, Insurance, Reporting Governmentwide requirements. Agreements With Institutions of Higher and recordkeeping requirements. In addition to the grant application Education, Hospitals and Other Non- Accordingly, under the authority of Profit Organizations.’’ These regulations and grant administration requirements 44 U.S.C. 2104(a), the interim final rule apply to grants administered by the outlined in this part 1206, grantees are published at 60 FR 53514 adding 36 National Historical Publications and responsible for complying with CFR part 1210 is adopted as final Records Commission (NHPRC). The without change. applicable Governmentwide regulation provides standards for requirements contained in part 1210 or obtaining consistency and uniformity in Dated: February 6, 1996. part 1207 of this chapter, as appropriate, the administration of grants and John W. Carlin, and part 1209 of this chapter. agreements with institutions of higher Archivist of the United States. education, hospitals, and other non- [FR Doc. 96–3096 Filed 2–12–96; 8:45 am] profit organizations. BILLING CODE 7515±01±P federal register February 13,1996 Tuesday Rule United StatesHousingActof1937;Final Requirements forAssistanceUnderthe Definitions andOtherGeneral 24 CFRParts5,812,etal. Office oftheSecretary Development Housing andUrban Department of Part V 5661 5662 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND SUPPLEMENTARY INFORMATION: ‘‘person with disabilities.’’ The ‘‘any URBAN DEVELOPMENT I. Statutory and Rulemaking other single persons’’ amendments of Background NAHA section 573(a) are also a part of Office of the Secretary the HCDA 1992 section 621 revision of Section 573(a) of the National 3(b)(3), which slightly modifies section 24 CFR Parts 5, 812, 912, 950, and 982 Affordable Housing Act (NAHA) 573(a)’s language on the unit size (approved November 28, 1990, Pub. L. limitation for single persons from ‘‘2 [Docket No. FR±3029±F±04] 101–625) amended clause (D) of section bedrooms or more’’ to read ‘‘2 or more 3(b)(3) of the United States Housing Act bedrooms.’’ of 1937 (the 1937 Act), to include in the RIN 2501±AB68 Section 301 of the Multifamily definition of ‘‘families,’’ ‘‘any other Housing Property Disposition Reform Definitions and Other General single persons’’ who are not 62 years old Act of 1994 (MHPDRA) (Pub. L. 102– Requirements for Assistance Under or older, disabled, handicapped, 233, approved April 11, 1994) made a the United States Housing Act of 1937 displaced, or the remaining member of technical correction to the HCDA 1992 a tenant family. (Hereinafter, an section 621 revision of section 3(b)(3) of AGENCY: Office of the Secretary. individual in the category of ‘‘other the 1937 Act. Section 621 had changed ACTION: Final rule. single persons’’ will be referred to the introductory language of the simply as a single person.) Before this definition of ‘‘families’’ from, ‘‘The term SUMMARY: This rule consolidates and NAHA amendment, the number of ‘families’ includes ** *.’’ to, ‘‘The revises portions of 24 CFR parts 812 and single persons eligible for assisted term ‘families’ means ** *.’’. Section 912 into a new subpart D of part 5, housing was restricted under the 1937 301 of MHPDRA amends the makes a conforming change to part 982, Act to a percentage of the units in the introductory language of 3(b)(3) of the and revises part 950 to provide general public housing agency’s or Indian 1937 Act back to the original ‘‘The term requirements for the implementation of housing authority’s jurisdiction. ‘families’ includes * * *.’’. the United States Housing Act of 1937 However, the NAHA amendment To resolve the issue of the basic that are in addition to the Act’s explicit added a new restriction on the eligibility of single persons, HUD requirements. admission of any single person to published on July 26, 1993 (58 FR housing units assisted under the 1937 EFFECTIVE DATE: March 14, 1996. 39658) a final rule that eliminated the Act. ‘‘In no event’’, reads (in part) former statutory restrictions, which FOR FURTHER INFORMATION CONTACT: section 573(a)(1), ‘‘may any single were included in parts 812 and 912, on Issues related to part 812 as it relates to person [who is not 62 years old or older, the admission of single persons to programs administered by the Assistant disabled, handicapped, displaced, or the public and assisted housing. The final Secretary for Housing/Federal Housing remaining member of a tenant family] rule published on July 26, 1993 also Commissioner: Barbara D. Hunter, ** * be provided a housing unit removed the restrictions at § 905.301(d), Director, Program Management assisted under this Act of 2 bedrooms or now § 950.301(d), concerning the Division, Office of Multifamily Asset more.’’ admissibility of single persons to Indian Management and Disposition, Room A proposed rule was published in the housing. Although section 573(a) of 6182, 451 Seventh Street SW., Federal Register on April 10, 1992 (57 NAHA did not apply to Indian housing, Washington, DC 20410, Telephone (202) FR 12686) to add the NAHA section section 103(b) of HCDA 1992 expressly 708–4162. A telecommunications device 573(a) requirements to the Department’s makes sections 573 and 574 of NAHA for speech or hearing impaired persons regulations at 24 CFR parts 812 and 912. applicable to Indian Housing (TDD) is available at (202) 708–4594. This rule also addressed section 5(b) of Authorities (IHAs). At the same time, (These are not toll-free telephone the Fair Housing Amendments Act of HCDA 1992 section 626 expressly numbers.) 1988 (FHAA) (Pub. L. 100–430, excludes IHAs from the coverage of the Issues related to part 812 (as it relates approved September 13, 1988), codified entire HCDA 1992 subtitle that includes to section 8 certificates, vouchers, and at 42 U.S.C. 3602(k), which states that, the section 621 reorganization of the Mod Rehab), part 912 and programs ‘‘the protections afforded against definition of family. administered by the Assistant Secretary discrimination on the basis of familial Two other regulatory amendments are for Public and Indian Housing: status shall apply to any person who is relevant to the changes made in this MaryAnn Russ, Deputy Assistant pregnant or is in the process of securing final rule. On March 20, 1995 (60 FR Secretary for Public and Assisted legal custody of any individual who has 14855), parts 812 and 912 were Housing Operations, Office of Public not attained the age of 18 years.’’ amended by designating their existing and Indian Housing, Room 4204, 451 Section 621 of the Housing and provisions as subpart A, and adding a Seventh Street SW., Washington, DC Community Development Act of 1992 subpart B that dealt with restrictions on 20410, Telephone (202) 708–1380. A (HCDA 1992) (Pub. L. 102–550, assistance to noncitizens. Definitions telecommunications device for speech approved October 28, 1992), also pertinent to these restrictions were also or hearing impaired persons (TDD) is amended section 3(b)(3) of the 1937 Act, added. Finally, on April 10, 1995, at 60 available at (202) 708–0850. (These are the same section amended by 573(a) of FR 18186, the Indian Housing not toll-free telephone numbers.) NAHA. The section 621 amendment is consolidated regulations were revised Issues related to part 950 and Native in the nature of a housekeeping revision and moved from part 905 to part 950 of American Housing Programs: Deborah that reorganizes the 1937 Act definition title 24. Lalancette, Director, Housing of ‘‘family,’’ rather than an amendment Management Division, Office of Native that makes substantive changes in the II. Reinventing Parts 812 and 912 American Programs, Department of definition. Section 621 redefines In keeping with the President’s Housing and Urban Development, room ‘‘elderly family’’ by taking out the mandate to reinvent and reform B–133, 451 Seventh Street SW., references to disabled and handicapped regulations, subparts A of parts 812 and Washington, DC 20410; telephone (202) persons, and combines the definitions of 912 are streamlined in this rule by 755–0088; (TDD) (202) 708–0850. ‘‘disabled person’’ and ‘‘handicapped combining them into a single, new (These are not toll-free numbers.) person’’ into a single definition of subpart D of part 5 (subparts B and C are Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5663 reserved for other requirements). One of 3(b)(3)(B) information the definition of particular emphasis on the amendment the methods by which the Department ‘‘elderly person’’ in section 3(b)(3)(D). to the definition of ‘‘family’’ to include is streamlining and reducing its The final rule makes this incorporation. ‘‘any other single person.’’ The regulations is to eliminate repetitious The April 10, 1992 proposed revisions comments took the form of suggested regulatory language. The subpart A to parts 812 and 912, which concern changes to narrow the scope or impose provisions of parts 812 and 912 are section 5(b) of the Fair Housing limits on single persons who could be virtually identical, covering general Amendments Act of 1988 (FHAA) and admitted, general observations about the requirements related to the 1937 Act, the treatment of single, pregnant women impact of this rule, inquiries about the such as definitions and basic eligibility and individuals in the process of application of the rule to specific for assistance. These general obtaining custody, are not included in programs and situations, and requests requirements were originally set forth in this final rule. The statutory prohibition for clarification. separate CFR parts that were designated against housing discrimination towards Over two thirds of the comments for offices that administered different such persons is sufficiently clear and received on the proposed rule were forms of assistance under the 1937 Act. enforceable. Since the percentage limit directed at the mix of elderly people Such a practice, however, has resulted for occupancy by single persons (which with young single people that the in the proliferation of repetitious, could have been used to mask instances commenters believed will result from unnecessary regulations which the of discrimination against persons in the implementation of this rule. They Department is now acting to curb. these protected classes) has been expressed concern about the occupancy Another method of reinventing eliminated, it is no longer necessary to issues that arise when elderly and non- regulations by the Department is to distinguish persons in these FHAA- elderly persons live in the same remove rule text that only repeats protected classes from other single housing. Concerns were also raised statutory language. Rules will only persons. about the eligibility of single persons as contain legally binding requirements The definitions that were added to a group for housing or assistance under that are in addition to those contained parts 812 and 912 for purposes of the the 1937 Act. in a statute. Besides reducing the sheer March 20, 1995 rule on restrictions on HUD Response bulk of rules, this practice will remove assistance to noncitizens are being the problems that result when a rule moved to revised §§ 812.5(a) and These comments from elderly that echoes the language of a statute 912.5(a). The provisions in subparts B of residents, owners of elderly projects, becomes inconsistent with new parts 812 and 912 will remain in effect and management companies appear to have been submitted under the belief statutory amendments. The period until the publication of a single, that the proposed rule would have before such a rule is amended to streamlined noncitizens rule. superseded the basic admission conform to new statutory language is For purposes of uniformity, the requirements for a particular project. It often one of confusion and uncertainty definition of applicant is being added to is important to note that the change in as to which law applies: the old the Indian Housing regulation at the status of single persons is the result provisions in the regulations or the new § 950.102. The provisions dealing with of legislative amendments to the 1937 provisions in the statute. The new the preference over single persons and Act. Even so, the inclusion of single subpart D of part 5 promulgated here the housing assistance limitation for persons in the definition of ‘‘family’’ does not, therefore, repeat any statutory single persons are being added to § 950.301 of the Indian Housing without a percent occupancy limitation, language, but only implements as was previously the case, does not requirements that are in addition to regulation, with a conforming change made to § 950.303(b)(1)(ii). automatically constitute admission into those in the 1937 Act. However, for every form of assisted housing. The purposes of convenience and clarity, The combined statutory and regulatory definitions and general single person, as well as any other this final rule also includes definitions family, must still meet all of the of the terms ‘‘family,’’ ‘‘elderly family,’’ requirements that apply with respect to public housing and Section 8 housing eligibility requirements for the ‘‘disabled family,’’ and ‘‘near-elderly particular project and for the type of family,’’ for which the elements must be assistance under the 1937 Act have been placed in an appendix to this final rule. housing assistance which is sought. assembled from different parts of This has always been the case, and the section 3(b)(3) of the 1937 Act in order The final rule will be codified in the Code of Federal Regulations; the rule, at § 5.403(a), now expressly states to arrive at a complete definition. For that, ‘‘An applicant must meet all of the example, section 3(b)(3)(B) provides: appendix will not be codified. However, the appendix is available to the public eligibility requirements of the housing The term ‘‘families’’ includes families with as a single document which provides a assistance for which an application is children and, in the cases of elderly families, made in order to obtain the housing near-elderly families, and disabled families, unified overview of these general requirements under the 1937 Act. assistance.’’ means families whose heads (or their One of the basic eligibility spouses), or whose sole members, are elderly, III. Response to Public Comments requirements under the 1937 Act is that near-elderly, or persons with disabilities, respectively. The term includes, in the cases A total of 182 comments were the applicant must be a ‘‘family.’’ of elderly families, near-elderly families, and received on the proposed rule from 39 However, the definition of ‘‘family’’ in disabled families, 2 or more elderly persons, Public Housing Authorities, 103 elderly the 1937 Act is broadly expressed as, near-elderly persons, or persons with tenants, 30 managers, 6 interest groups, ‘‘The term ‘families’ includes * * *’’ disabilities living together, and 1 or more 2 legal assistant organizations, and 2 (emphasis added) and is not exclusive persons determined under the regulations of individuals. The comments and HUD’s or exhaustive. Given this broad statutory the Secretary to be essential to their care or responses are addressed in the definition, HUD has historically well-being. discussion below. permitted PHAs and housing owners the Sufficient information is not given in flexibility to make the determination of section 3(b)(3)(B) to formulate a Concerns Over Removing Eligibility ‘‘family,’’ in accordance with their local complete definition of ‘‘elderly family;’’ Restrictions on Single Persons laws and policies, including state and for a complete definition of this term, it Numerous comments were received local fair housing laws, as long as such is necessary to incorporate with the on the scope of the proposed rule, with a determination does not conflict with 5664 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations the 1937 Act or the Federal Fair preference over single persons who are It is likely that an individual who Housing Act. not elderly, disabled, or displaced for all needed a larger unit to accommodate types of assisted housing under the 1937 medical equipment because of a health Preference for Admission Act, including general occupancy public need would qualify as a ‘‘person with Seven commenters sought further and Indian housing and Section 8, not disabilities,’’ not as a ‘‘single person,’’ explanation of the practical application just for public and Indian housing and and so could be provided a larger unit. of extending a preference for housing privately owned housing for the elderly. units to elderly, disabled, handicapped Other Matters and displaced persons over single Unit Size Limitation Regulatory Planning and Review persons in §§ 812.3(a) and 912.3(a) of Nine commenters addressed the unit This rule has been reviewed in the proposed rule (Note: the use of the size limitation for single persons who accordance with Executive Order 12866, term ‘‘handicapped’’ is eliminated by are not elderly, disabled, displaced or issued by the President on September HCDA 1992 sec. 621). The central issue the remaining member of a tenant 30, 1993 (58 FR 51735, October 4, 1993). presented by these commenters was family in §§ 812.3(b), 882.209(i)(1), Any changes to the rule resulting from whether elderly, disabled, handicapped 887.253(c), and 912.3(b) of the proposed this review are available for public and displaced families always have a rule. The consensus of these inspection between 7:30 a.m. and 5:30 priority in the admission process over commenters was that the provision p.m. weekdays in the Office of the Rules single persons, regardless of the Federal stating that ‘‘any Single Person may not Docket Clerk. preferences. One commenter asked if be provided a unit with two or more the proposed rule gave a ‘‘Federal bedrooms’’ was unnecessarily Environmental Impact preference’’ or simply a priority. A restrictive. A Finding of No Significant Impact couple of commenters asked whether a PHAs objected to the different with respect to the environment has single person with a Federal preference treatment between single persons and been made in accordance with HUD would get a certificate or voucher first other persons under the same programs, regulations at 24 CFR Part 50, which before an elderly, handicapped, citing a variety of reasons, such as: How implement section 102(2)(C) of the disabled or displaced person without a this restriction penalizes people for National Environmental Policy Act of Federal preference, and other being single; the absence of a rational 1969. The Finding of No Significant commenters posed that question in the justification for this restriction when the Impact is available for public inspection converse. Still more commenters, gross rent for a larger unit is reasonable between 7:30 a.m. and 5:30 p.m. objecting to what they considered the and less than the 1 bedroom fair market weekdays in the Office of the Rules unanticipated consequences of the rent; the fact that elderly, handicapped, Docket Clerk at the above address. proposed rule, assumed both that disabled and displaced people are not proposed §§ 812.3(a) and 912.3(a) did Federalism subject to the same restriction; and the not give a ‘‘Federal preference’’ and that The General Counsel, as the hardships to management and owners in practice the single person would Designated Official under section 6(a) of from not being able to offer the next receive the certificate or voucher first, in Executive Order 12612, Federalism, has bedroom size to single persons on the spite of the fact that the rule is careful determined that the policies contained list in light of the high vacancy rates in to indicate the elderly, disabled, and in this rule do not have federalism some parts of the country. displaced have a priority. implications and, thus, are not subject Another PHA felt that the restriction HUD Response to review under the Order. This rule goes too far because it would extend to merely makes certain statutorily The basis for treating single persons a single person with special health required changes in definitions that will differently from elderly, disabled, or needs who requires a 2 bedroom unit for not have substantial, direct effects on displaced persons is that the statute purposes of accommodating additional States, on their political subdivisions, or requires it. This requirement does not, equipment or other needs. In the on their relationships with the Federal in any way, violate applicable opinion of this commenter, the NAHA government, or on the distribution of nondiscrimination provisions. section 573(a) language, ‘‘In no event power and responsibilities between The final rule clarifies that a PHA or may any single person under clause (D) them and other levels of government. private owner must give preference to be provided a housing unit assisted applicants who are elderly, disabled, or under this Act of 2 bedrooms or more’’, Family Impact displaced families consisting of no more is not intended to cover single persons The General Counsel, as the than two persons over applicants who with special health needs. Designated Official under Executive are single persons, regardless of the HUD response Order 12606, The Family, has applicant’s Federal or local preferences. determined that this rule will not have Admitting these elderly, disabled, and Sections 573(a) and 621 both agree a potentially significant negative impact displaced families that do not have a that, ‘‘In no event may any single person on family formation, maintenance, and Federal Preference over a single person ** * be provided a housing unit general well-being, and thus, is not with a Federal Preference does not draw assisted under this Act of 2 or more subject to review under the Order. The on the local preference limit (10%/30%/ bedrooms.’’ The rule implements this rule only implements statutorily 50%). The 1937 Act provides for both provision for purposes of the rental required changes in the definition of the Federal preference and the certificate and voucher programs as a ‘‘family’’ under the United States preference over single persons, but does limitation on family unit size, and Housing Act of 1937. not prescribe the order of these statutory therefore on the amount of subsidy paid preferences. HUD has determined that on behalf of the single person. The rule Regulatory Flexibility Act the singles preference should govern does not prohibit a single person from The Secretary, in accordance with the over the Federal preference scheme. residing in a larger unit (2 or more Regulatory Flexibility Act (5 U.S.C. This final rule further clarifies that bedrooms) with the amount of subsidy 605(b)), has reviewed this rule before elderly, disabled, and displaced one- or for a zero or one-bedroom family unit publication and by approving it certifies two-person family applicants have a size. that this rule does not have a significant Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5665 economic impact on a substantial § 5.400 Applicability. a person who is at least 50 years of age number of small entities. The rule is This part applies to public housing but below the age of 62; or two or more only an implementation of statutory (other than Indian housing under 24 persons, who are at least 50 years of age requirements that adjust the way the CFR part 950) and Section 8 programs. but below the age of 62, living together; term ‘‘family’’ is defined. or one or more persons who are at least § 5.403 Definitions. 50 years of age but below the age of 62 List of Subjects (a) The terms displaced person, living with one or more live-in aides. 24 CFR Part 5 elderly person, near-elderly person, and person with disabilities are defined at § 5.405 Basic eligibility; preference over Admnistrative practice and paragraph 3 of section 3(b) of the 1937 single persons; and housing assistance procedure, Grant programs—housing Act (42 U.S.C. 1437a(b)(3)). limitation for single persons. and community development, Low and (b) In addition to the terms listed in (a) Basic eligibility. An applicant must moderate income housing, Public paragraph (a) of this section, the meet all of the eligibility requirements housing, Reporting and recordkeeping following definitions apply: of the housing assistance for which an requirements. Applicant means a person or a family application is made in order to obtain 24 CFR Part 812 that has applied for housing assistance. the housing assistance. At a minimum, Disabled family means a family whose the applicant must be a family, and Low and moderate income housing, head, spouse, or sole member is a must be income-eligible. Eligible Reporting and recordkeeping person with disabilities; or two or more applicants include single persons who requirements. persons with disabilities living together; are not elderly persons, or displaced 24 CFR Part 912 or one or more persons with disabilities persons, or persons with disabilities. living with one or more live-in aides. (b) Preference over single persons. An Grant programs—housing and Displaced family means a family in applicant that is a one- or two-person community development, Public which each member, or whose sole elderly, disabled or displaced family, housing, Reporting and recordkeeping member, is a person displaced by must be given a preference over an requirements. governmental action, or a person whose applicant that is a single person who is 24 CFR Part 950 dwelling has been extensively damaged not an elderly or displaced person, or a or destroyed as a result of a disaster person with disabilities, regardless of Aged, Energy conservation, Grant declared or otherwise formally the applicant’s Federal or local programs—housing and community recognized pursuant to Federal disaster preferences. development, Grant programs—Indians, relief laws. (c) Housing assistance limitation for Indians, Individuals with disabilities, Elderly family means a family whose single persons. A single person who is Low and moderate income housing, head, spouse, or sole member is a not an elderly or displaced person, or a Public housing, Reporting and person who is at least 62 years of age; person with disabilities, or the recordkeeping requirements. or two or more persons who are at least remaining member of a tenant family may not be provided: 24 CFR Part 982 62 years of age living together; or one or more persons who are at least 62 years (1) For public housing and other Grant programs—housing and of age living with one or more live-in project-based assistance, a housing unit community development, Housing, Rent aides. with two or more bedrooms; or subsidies, Reporting and recordkeeping Family includes but is not limited to: (2) For tenant-based assistance, requirements. (1) A family with or without children housing assistance for which the family For the reasons set out in the (the temporary absence of a child from unit size exceeds the one-bedroom level. preamble, 24 CFR parts 5, 812, 912, 950, the home due to placement in foster (d) This section shall not apply to the and 982 are amended, as set forth care shall not be considered in Section 8 Moderate Rehabilitation below: determining family composition and Program for Single Room Occupancy family size); Dwellings for Homeless Individuals set PART 5ÐGENERAL HUD PROGRAM (2) An elderly family; forth at 24 CFR part 882, subpart H. REQUIREMENTS; WAIVERS (3) A near-elderly family; (4) A disabled family; PART 812ÐDEFINITION OF FAMILY 1. The authority citation for part 5 (5) A displaced family; AND OTHER RELATED TERMS; continues to read as follows: (6) The remaining member of a tenant OCCUPANCY BY SINGLE PERSONS family; and Authority: 42 U.S.C. 3535(d). 3. The authority citation for part 812 (7) A single person who is not an continues to read as follows: 1. Subparts B and C of part 5 are elderly or displaced person, or a person reserved. with disabilities, or the remaining Authority: 42 U.S.C. 1436a, 1437a, and 2. A new subpart D to part 5 is added member of a tenant family. 3535(d). to read as follows: Live-in aide means a person who Subpart AÐ[Removed and Reserved] resides with one or more elderly Subpart DÐDefinitions and Other persons, or near-elderly persons, or 4. Subpart A of part 812 is removed General Requirements for Assistance persons with disabilities, and who: and reserved. Under the United States Housing Act (1) Is determined to be essential to the 5. In § 812.5, paragraphs (a) and (b) of 1937 care and well-being of the persons; are redesignated as paragraphs (b) and Sec. (2) Is not obligated for the support of (c), respectively, and a new paragraph 5.400 Applicability. the persons; and (a) is added, to read as follows: 5.403 Definitions. (3) Would not be living in the unit 5.405 Basic eligibility; preference over except to provide the necessary § 812.5 General. single persons; and housing assistance supportive services. (a) Definitions. In addition to the limitation for single persons. Near-elderly family means a family definitions that appear at paragraph 3 of Authority: 42 U.S.C. 1437a and 3535(d). whose head, spouse, or sole member is section 3(b) of the United States 5666 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations

Housing Act of 1937 (the 1937 Act) (42 PART 912ÐDEFINITION OF FAMILY Housing and Urban Development Act of U.S.C. 1437a(b)(3)) and part 5 of this AND OTHER RELATED TERMS; 1965 (12 U.S.C. 1701s). title, the following definitions apply to OCCUPANCY BY SINGLE PERSONS * * * * * this subpart: Child. A member of the family, other 6. The authority citation for part 912 PART 950ÐINDIAN HOUSING than the family head or spouse, who is continues to read as follows: PROGRAMS under 18 years of age. Authority: 42 U.S.C. 1436a, 1437a, and Citizen. A citizen or national of the 3535(d). 9. The authority citation for part 950 United States. continues to read as follows: Evidence of citizenship or eligible Subpart AÐ[Removed and Reserved] Authority: 25 U.S.C. 450e(b); 42 U.S.C. immigration status. The documents 1437aa–1437ee, and 3535(d). 7. Subpart A of part 912 is removed which must be submitted to evidence 10. In § 950.102, the definition of citizenship or eligible immigration and reserved. 8. In § 912.5, paragraphs (a) and (b) Applicant is added in alphabetical status. (See § 812.6(b).) order, to read as follows: HA. A housing authority—both a are redesignated as paragraphs (b) and public housing agency and an Indian (c), respectively, and a new paragraph § 950.102 Definitions. (a) is added, to read as follows: housing authority. * * * * * Head of household. The adult § 912.5 General. Applicant means a person or a family member of the family who is the head (a) Definitions. In addition to the that has applied for admission to a of the household for purposes of definitions that appear at paragraph 3 of housing program under this part 950. determining income eligibility and rent. INS. The U.S. Immigration and section 3(b) of the United States * * * * * Naturalization Service. Housing Act of 1937 (the 1937 Act) (42 11. In § 950.301, paragraph (d) is Mixed family. A family whose U.S.C. 1437a(b)(3)) and part 5 of this revised, and a new paragraph (g) is members include those with citizenship title, the following definitions apply to added, to read as follows: this subpart: or eligible immigration status, and those § 950.301 Admission policies. without citizenship or eligible Child. A member of the family, other * * * * * immigration status. than the family head or a spouse, who (d) Preference over single persons. An National. A person who owes is under 18 years of age. applicant that is a one or two person permanent allegiance to the United Citizen. A citizen or national of the elderly, disabled or displaced family, States, for example, as a result of birth United States. Evidence of citizenship or must be given a preference over an in a United States territory or eligible immigration status. The applicant that is a single person who is possession. documents which must be submitted to Noncitizen. A person who is neither evidence citizenship or eligible not an elderly or displaced person, or a a citizen nor national of the United immigration status (see § 912.6(b)). person with disabilities, regardless of States. Head of household. The adult the applicant’s Federal or local Responsible entity. The person or member of the family who is the head preferences. entity responsible for administering the of the household for purposes of * * * * * restrictions on providing assistance to determining income eligibility and rent. (g) Housing assistance limitation for noncitizens with ineligible immigration Mixed family. A family whose single persons. A single person who is status: members include those with citizenship not an elderly or displaced person, or a (1) For the Section 8 Rental or eligible immigration status, and those person with disabilities, or the Certificate, the Section 8 Rental Housing without citizenship or eligible remaining member of a tenant family Voucher, and the Section 8 Moderate immigration status. may not be provided a housing unit Rehabilitation programs, the housing National. A person who owes with two or more bedrooms. authority (HA) administering the permanent allegiance to the United 12. In § 950.303, paragraph (b)(1)(ii) is program under an ACC with HUD. States, for example, as a result of birth revised to read as follows: (2) For all other Section 8 programs, in a United States territory or § 950.303 Selection preferences. the owner. possession. Section 214. Section 214 of the Noncitizen. A person who is neither * * * * * Housing and Community Development a citizen nor national of the United (b) * * * Act of 1980, as amended (42 U.S.C. States. (1) * * * 1436a). Section 214 restricts HUD from Section 214. Section 214 of the (ii) Singles preference. See making financial assistance available for Housing and Community Development § 950.301(d). noncitizens unless they meet one of the Act of 1980, as amended (42 U.S.C. * * * * * categories of eligible immigration status 1436a). Section 214 restricts HUD from specified in Section 214. making financial assistance available for PART 982ÐSECTION 8 TENANT- Section 214 covered programs. noncitizens unless they meet one of the BASED ASSISTANCE: UNIFIED RULE Programs to which the restrictions categories of eligible immigration status FOR TENANT-BASED ASSISTANCE imposed by Section 214 apply are specified in Section 214. UNDER THE SECTION 8 RENTAL programs that make available financial Section 214 covered programs. CERTIFICATE PROGRAM AND THE assistance pursuant to the United States Programs to which the restrictions SECTION 8 RENTAL VOUCHER Housing Act of 1937 (42 U.S.C. 1437– imposed by Section 214 apply are PROGRAM 1440), Section 235 or Section 236 of the programs that make available financial 13. The authority citation for part 982 National Housing Act (12 U.S.C. 1715z assistance pursuant to the United States continues to read as follows: and 1715z–1) and Section 101 of the Housing Act of 1937 (42 U.S.C. 1437– Housing and Urban Development Act of 1440), Section 235 or Section 236 of the Authority: 42 U.S.C. 1437f and 3535(d). 1965 (12 U.S.C. 1701s). National Housing Act (12 U.S.C. 1715z 14. In § 982.207, paragraph (d) is * * * * * and 1715z–1) and Section 101 of the revised, to read as follows: Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Rules and Regulations 5667

§ 982.207 Waiting list: Use of preferences. recognized pursuant to Federal disaster (b) Has a physical, mental, or * * * * * relief laws. emotional impairment that: (d) Primary preference. An HA must Displaced person means a person (1) Is expected to be of long-continued give preference to an applicant that is a displaced by governmental action, or a and indefinite duration; one or two person elderly, disabled or person whose dwelling has been (2) Substantially impedes his or her displaced family over an applicant that extensively damaged or destroyed as a ability to live independently; and is a single person who is not elderly, result of a disaster declared or otherwise (3) Is of such a nature that such ability disabled, or displaced, regardless of the formally recognized pursuant to Federal could be improved by more suitable applicant’s Federal or local preferences. disaster relief laws. housing conditions; or Elderly family means a family whose * * * * * (c) Has a developmental disability as head, spouse, or sole member is a Dated: December 15, 1995. defined in section 102 of the person who is at least 62 years of age; Henry G. Cisneros, Developmental Disabilities Assistance or two or more persons who are at least and Bill of Rights Act (42 U.S.C. Secretary. 62 years of age living together; or one or 6001(5)). [Note: The following appendix will not more persons who are at least 62 years appear in the Code of Federal Regulations.] of age living with one or more live-in The term ‘‘person with disabilities’’ does not exclude persons who have the Appendix—Definitions and Other aides. Elderly person means a person who is disease of acquired immunodeficiency General Requirements for Assistance syndrome or any conditions arising Under the United States Housing Act of at least 62 years of age. Family includes but is not limited to: from the etiologic agent for acquired 1937 (a) A family with or without children immunodeficiency syndrome. Section (the temporary absence of a child from 3. Basic eligibility; preference over the home due to placement in foster single persons; and housing assistance 1. Purpose. care shall not be considered in limitation for single persons. 2. Definitions determining family composition and (a) Basic eligibility. An applicant must 3. Eligibility; preferences; and unit size family size); meet all of the eligibility requirements limitations. (b) An elderly family; of the housing assistance for which an 1. Purpose. (c) A near-elderly family; application is made in order to obtain The purpose of this guide is to (d) A disabled family; the housing assistance. At a minimum, present, in a single document, the (e) A displaced family; the applicant must be a family, and statutory and regulatory definitions and (f) The remaining member of a tenant must be income-eligible. Eligible other general requirements that apply to family; and applicants include single persons who (g) A single person who is not an public and Indian housing and section are not elderly persons, or displaced elderly or displaced person, or a person 8 assistance under the United States persons, or persons with disabilities. with disabilities, or the remaining Housing Act of 1937 (the 1937 Act). (b) Preference over single persons. An Although it presents the regulatory and member of a tenant family. Live-in aide means a person who applicant that is a one or two person statutory requirements in a combined elderly, disabled or displaced family, format, this guide is a secondary source resides with one or more elderly persons, or near-elderly persons, or must be given a preference over an for these requirements. The Code of applicant that is a single person who is Federal Regulations (CFR), at 24 CFR, is persons with disabilities, and who: (a) Is determined to be essential to the not an elderly or displaced person, or a the primary, governing source for person with disabilities, regardless of regulatory requirements, and the 1937 care and well-being of the persons; (b) Is not obligated for the support of the applicant’s Federal or local Act is the primary, governing source for the persons; and preferences. statutory requirements. (c) Would not be living in the unit (c) Housing assistance limitation for 2. Definitions except to provide the necessary single persons. A single person who is The following definitions apply with supportive services. not an elderly or displaced person, or a respect to public housing and Section 8 Near-elderly family means a family person with disabilities, or the housing assistance under the 1937 Act: whose head, spouse, or sole member is remaining member of a tenant family Applicant means a person or a family a person who is at least 50 years of age may not be provided: that has applied for housing assistance. but below the age of 62; or two or more (1) For public housing and other Disabled family means a family whose persons, who are at least 50 years of age project-based assistance, a housing unit head, spouse, or sole member is a but below the age of 62, living together; with two or more bedrooms, or person with disabilities; or two or more or one or more persons who are at least (2) For tenant-based assistance, persons with disabilities living together; 50 years of age but below the age of 62 housing assistance for which the family or one or more persons with disabilities living with one or more live-in aides. unit size exceeds the one bedroom level. living with one or more live-in aides. Near-elderly person means a person (d) This section shall not apply to the Displaced family means a family in who is at least 50 years of age but below Section 8 Moderate Rehabilitation which each member, or whose sole the age of 62. Program for Single Room Occupancy member, is a person displaced by Person with disabilities includes the Dwellings for Homeless Individuals set governmental action, or a person whose term disabled person and means a forth at 24 CFR part 882, subpart H. dwelling has been extensively damaged person who: or destroyed as a result of a disaster (a) Has a disability as defined in [FR Doc. 96–3101 Filed 2–12–96; 8:45 am] declared or otherwise formally section 223 of the Social Security Act; BILLING CODE 4210±32±P i

Reader Aids Federal Register Vol. 61, No. 30 Tuesday, February 13, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 1 CFR Proposed Rules: Laws Ch. III ...... 3539 1...... 5524 Public Laws Update Services (numbers, dates, etc.) 523±6641 3 CFR 2...... 5524 For additional information 523±5227 Proclamations: 3...... 5524 6863...... 3777 10 CFR Presidential Documents 6864...... 4347 170...... 5064 Executive orders and proclamations 523±5227 6865...... 5269 171...... 5064 The United States Government Manual 523±5227 Executive Orders: 830...... 4209 835...... 4209 Other Services 12778 (Revoked by EO 12988)...... 4729 Proposed Rules: Electronic and on-line services (voice) 523±4534 12866 (See EO 2...... 4378 Privacy Act Compilation 523±3187 12988) ...... 4729 35...... 4754 TDD for the hearing impaired 523±5229 12964 (Amended by 50...... 5318 EO 12987)...... 4205 72...... 3619 12987...... 4205 1035...... 3877 ELECTRONIC BULLETIN BOARD 12988...... 4729 1036...... 3877 Administrative Orders: 11 CFR Free Electronic Bulletin Board service for Public Law numbers, 100...... 3549, 4302 Federal Register finding aids, and list of documents on public Presidential Determination: 102...... 4302 inspection. 202±275±0920 No. 96±9 of January 104...... 3549 22, 1996 ...... 4207 105...... 3549 FAX-ON-DEMAND 5 CFR 106...... 4302 You may access our Fax-On-Demand service. You only need a fax Ch. XXX...... 4349 109...... 3549, 4302 machine and there is no charge for the service except for long 530...... 3539 110...... 4302 114...... 3549, 4302 distance telephone charges the user may incur. The list of 531...... 3539 534...... 3539 9034...... 4849 documents on public inspection and the daily Federal Register’s 550...... 3539 9038...... 4849 table of contents are available using this service. The document 575...... 3539 Proposed Rules: numbers are 7050-Public Inspection list and 7051-Table of 581...... 3539 100...... 3621 Contents list. The public inspection list will be updated 582...... 3539 110...... 3621 immediately for documents filed on an emergency basis. 630...... 3539 114...... 3621 950...... 4585 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 1201...... 4585 12 CFR FILE AND NOT THE ACTUAL DOCUMENT. Documents on 4001...... 4349 7...... 4849 21...... 4332 public inspection may be viewed and copied in our office located Proposed Rules: at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 31...... 4849 532...... 4940 208...... 4338 telephone number is: 301±713±6905 7 CFR 211...... 4338 Ch. XLII...... 3779 225...... 4338 FEDERAL REGISTER PAGES AND DATES, FEBRUARY 250...... 5271 701...... 3788, 4213 905...... 3544 709...... 3788 3539±3776...... 1 944...... 3544 741...... 3788 945...... 3546 1401...... 4349 3777±4206...... 2 1485...... 3548 4207±4348...... 5 Proposed Rules: 1901...... 3779 701...... 4238 4349±4584...... 6 1940...... 3779 705...... 4238 4585±4734...... 7 1951...... 3779 2003...... 3779 741...... 4236 4735±4848...... 8 2903...... 4209 14 CFR 4849±5270...... 9 4001...... 3787 1...... 5171 5271±5500...... 12 4284...... 3779 23 ...... 5130, 5138, 5151, 5171 5501±5668...... 13 Proposed Rules: 25...... 5218 39 ...... 3550, 3792, 3793, 5275, 723...... 5316 920...... 3604 5277, 5279, 5280, 5281, 980...... 4941 5284, 5501 999...... 3606 71 ...... 4587, 4870, 5503, 5504 1464...... 5317 91...... 5151, 5492 1755...... 4754 97 ...... 3552, 3795, 3796, 3797 1944...... 4814 Proposed Rules: 1980...... 3853 Ch. I ...... 4942 4279...... 3853 39 ...... 3882, 4756, 4943, 5326, 4287...... 3853 5329, 5331, 5334, 5524 8 CFR 71 ...... 4379, 4380, 4381 Proposed Rules: 73...... 3884 212...... 4374 15 CFR 264...... 4374 771...... 3555 274a...... 4378 799...... 3555 9 CFR Proposed Rules: 310...... 4849 922...... 5335 ii Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Reader Aids

16 CFR 220...... 5198 1928...... 5507 300...... 4747 22...... 3799 221...... 5198 Proposed Rules: Proposed Rules: 231...... 5198 Proposed Rules: Ch. XIV ...... 3624 52 ...... 3631, 3632, 3633, 3634, 232...... 5198 103...... 4246 303...... 5340 234...... 5198 3635, 3891, 3892, 4246, 409...... 4382 1904...... 4030 4391, 4392, 4598, 4946, 235...... 5198 1952...... 4030 17 CFR 236...... 5198 4947, 4948, 4949, 5358, 30 CFR 5359, 5360, 5362, 5263, Proposed Rules: 237...... 5198 248...... 5198 202...... 5448 5526, 5527 400...... 4944 260...... 5198 206...... 3800, 5448 70...... 3893, 4248 420...... 4944 261...... 5198 260...... 3800 76...... 3893 18 CFR 265...... 5198 Proposed Rules: 80...... 3894 Proposed Rules: 280...... 5198 Ch. II ...... 4390 81 ...... 3635, 4392, 5363 Ch. I...... 3799, 4596 290...... 4580, 5198 931...... 3625 89...... 4600 291...... 5198 943...... 3628 90...... 4600 19 CFR 511...... 5198 91...... 4600 4...... 3568 570...... 5198 31 CFR 180...... 4621, 4623 132...... 3569 572...... 5198 103...... 4326 261...... 5528 148...... 3569 574...... 5198 351...... 5510 268...... 4758 595...... 3805 Proposed Rules: 576...... 5198 271...... 4758, 5528 351...... 4826 582...... 5198 32 CFR 302...... 4758, 5528 353...... 4826 583...... 5198 290...... 4885, 5510 440...... 5364 354...... 4826 585...... 5198 311...... 3813 321...... 3814 41 CFR 355...... 4826 590...... 5198 302±11...... 3838 594...... 5198 835...... 4351 20 CFR 597...... 5198 838...... 4351 42 CFR Proposed Rules: 700...... 5198 843...... 4351 Proposed Rules: 404...... 4389 750...... 5198 848...... 4352 100...... 4249 760...... 5198 Proposed Rules: 21 CFR 43 CFR 791...... 5198 838...... 4390 80...... 3571 792...... 5198 3100...... 4748 173...... 4871 799...... 5198 33 CFR 4100...... 4227 189...... 4816 811...... 5198 100...... 4885 Public Land Orders: 331...... 4822 812...... 5662 117...... 4886 3689 (Revoked in part 510...... 4735, 5505 813...... 5198 Proposed Rules: 520...... 4874, 5505 by PLO 7182)...... 4359 850...... 5198 165...... 4945 7183...... 4752 522...... 4874, 5505 880...... 5198 524...... 5505 881...... 5198 34 CFR 44 CFR 558...... 4349, 4874 668...... 3776 10...... 4227 882...... 5198 690...... 3776 Proposed Rules: 883...... 5198 Proposed Rules: 101...... 3885, 5349 884...... 5198 Proposed Rules: 62...... 3635 1220...... 4597 885...... 5198 Ch. VI...... 4198 886...... 5198 201...... 3772 46 CFR 22 CFR 887...... 5198 361...... 4390 150...... 5518 9b...... 3800 889...... 5198 646...... 4758 514...... 5308 Proposed Rules: 890...... 5198 36 CFR Proposed Rule: 228...... 4240 899...... 5198 1206...... 5656 108...... 4132 24 CFR 901...... 5198 1210...... 5660 110...... 4132 904...... 5198 111...... 4132 Ch. XI...... 5198 Proposed Rules: Ch. XV ...... 5198 912...... 5662 112...... 4132 913...... 5198 7...... 5354 113...... 4132 0...... 5198 17...... 5356 4...... 5198 941...... 5198 161...... 4132 5...... 5198, 5662 942...... 5198 37 CFR 945...... 5198 47 CFR 8...... 5198 202...... 5445 0...... 4359, 4916 12...... 5198 950...... 5662 38 CFR 960...... 5198 1...... 4359, 4916 15...... 5198 Proposed Rules: 15...... 3600 16...... 5198 961...... 5198 962...... 5198 21...... 5357 17...... 4359 17...... 5198 21...... 4359 27...... 5198 963...... 5198 40 CFR 964...... 5198 22...... 4359 28...... 5198 51...... 4588 23...... 4359 30...... 5198 965...... 5198 52 ...... 3572, 3575, 3578, 3579, 968...... 5198 24...... 4359 35...... 5198 3581, 3582, 3584, 3586, 25...... 4359 40...... 5198 982...... 5662 3588, 3589, 3591, 3815, 999...... 5198 43...... 4918 51...... 5198 3817, 3819, 3821, 3824, 63...... 4937 52...... 5198 3280...... 5198 3282...... 5198 4215, 4216, 4217, 4352, 73 ...... 4232, 4233, 4234, 4359 86...... 4875 4353, 4887, 4890, 4892, 74...... 4359 91...... 5198 25 CFR 4895, 4897, 4899, 4901, 78...... 4359 92...... 5198 80...... 4359 Proposed Rules: 5285, 5288, 5291, 5295, 100...... 5198 Ch. VI...... 3623 87...... 4359 103...... 5198 5297, 5299, 5303, 5306, 90 ...... 3600, 3841, 4234, 4359 104...... 5198 26 CFR 5307, 5511, 5514, 5515 94...... 4359 107...... 5198 1...... 4349, 4876 63...... 4902 95...... 4359 109...... 5198 602...... 4876 70 ...... 3827, 4217, 4220 97...... 4359 110...... 5198 28 CFR 80...... 3832 Proposed Rules: 111...... 5198 81...... 3591, 4357 2...... 4350 20...... 3644 125...... 5198 Proposed Rules: 82...... 4736 135...... 5198 180 ...... 4591, 4592, 4593 61...... 3644 146...... 5198 35...... 4389 194...... 5224 69...... 3644 200...... 5198 29 CFR 262...... 4903 73 ...... 4392, 4393, 4950 201...... 5198 1910...... 5507 264...... 4903 76...... 3657 203...... 5198 1915...... 5507 265...... 4903 48 CFR 206...... 5198 1917...... 5507 270...... 4903 228...... 3600 213...... 5198 1918...... 5507 271...... 4742 252...... 3600 215...... 5198 1919...... 5507 281...... 3591, 3599 1403...... 5519 219...... 5198 1926...... 5507 282...... 4224 1425...... 5519 Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Reader Aids iii

1452...... 5519 1815...... 5312 1816...... 5312 1819...... 5312 1823...... 5312 1827...... 5312 1835...... 5312 1837...... 5312 1852...... 5312 3509...... 3846 9904...... 5520 Proposed Rules: Ch. 53 ...... 4393 909...... 3877 49 CFR 251...... 4937 258...... 4937 531...... 4369 571...... 4370, 4938 Proposed Rules: 525...... 4249 541...... 4249 555...... 4249 571 ...... 4249, 4624, 5370 581...... 4249 50 CFR 14...... 3849 17...... 4372 229...... 3851 611...... 4304, 4311 620...... 3602 672 ...... 3602, 4304, 4594, 5608 675...... 4311, 5608 676...... 4304, 4311 Proposed Rules: 17...... 4394, 4401 23...... 3894 285...... 3666 424...... 4710 641...... 4950 iv Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Reader Aids

authorized to receive; restrictions; comments Allowable cost and payment comments due by 2-22- due by 2-20-96; clause; comments due by REMINDERS 96; published 1-23-96 published 11-20-95 2-20-96; published 12-21- The rules and proposed rules CONSUMER PRODUCT Identification and listing-- 95 in this list were editorially SAFETY COMMISSION Constituent-specific exit Contractors' purchasing compiled as an aid to Federal Bicycle helmet safety levels for low-risk solid systems reviews; Register users. Inclusion or standards; comments due wastes; comments due comments due by 2-20- by 2-20-96; published exclusion from this list has no by 2-19-96; published 12-6- 96; published 12-21-95 12-21-95 legal significance. 95 PERSONNEL MANAGEMENT Pesticides; tolerances in food, OFFICE DEFENSE DEPARTMENT animal feeds, and raw Employment: RULES GOING INTO Federal Acquisition Regulation agricultural commodities: (FAR): Chlorothalonil; comments Suitability, national security EFFECT TODAY positions, and personnel Allowable cost and payment due by 2-23-96; published investigations; comments clause; comments due by 1-24-96 AGRICULTURE due by 2-20-96; published 2-20-96; published 12-21- FEDERAL RESERVE DEPARTMENT 1-5-96 95 SYSTEM Federal Crop Insurance Contractors' purchasing Conflict of interests; comments RAILROAD RETIREMENT Corporation systems reviews; due by 2-20-96; published BOARD Crop insurance regulations: comments due by 2-20- 12-19-95 Railroad Retirement Act: Noninsured crop disaster 96; published 12-21-95 Reimbursement for providing Retirement annuities; finality of decisions; comments assistance program, 1995 EDUCATION DEPARTMENT financial records (Regulation and subsequent crop S): due by 2-20-96; published Postsecondary education: years; published 0-0- 0 Recordkeeping requirements 12-21-95 Student support services DEFENSE DEPARTMENT for certain financial SECURITIES AND program; comment period records; comments due EXCHANGE COMMISSION Freedom of Information Act: extension; comments due by 2-20-96; published 12- Investment companies: Defense Contract Audit by 2-20-96; published 2-8- 20-95 Agency 96 Registered open-end GENERAL SERVICES management investment Special education and Contractor alpha listing; ADMINISTRATION companies; shares rehabilitative services: discontinuance; Federal Acquisition Regulation distribution; comments published 2-13-96 State vocational (FAR): due by 2-22-96; published HEALTH AND HUMAN rehabilitation services Allowable cost and payment 1-19-96 program; comments due clause; comments due by SERVICES DEPARTMENT TRANSPORTATION by 2-23-96; published 12- 2-20-96; published 12-21- Food and Drug DEPARTMENT 15-95 95 Administration Coast Guard State vocational Contractors' purchasing Animal drugs, feeds, and rehabilitation services systems reviews; Drawbridge operations: related products: program-- comments due by 2-20- New Jersey; comments due Sponsor name and address by 2-20-96; published 12- Meetings; comments due 96; published 12-21-95 changes-- 20-95 by 2-23-96; published HEALTH AND HUMAN Fort Dodge Laboratories; 2-6-96 SERVICES DEPARTMENT Federal regulatory review: published 2-13-96 Food and Drug Industry standards; ENVIRONMENTAL Administration miscellaneous LABOR DEPARTMENT PROTECTION AGENCY Food additives: amendments; comments Occupational Safety and Air programs: due by 2-20-96; published Health Administration Adjuvants, production aids, Fuel and fuel additives-- and sanitizers-- 12-20-95 Safety and health standards, Prohibition on gasoline 2-[[2,4,8,10-tetrakis(1,1- TRANSPORTATION etc.: containing lead or lead dimethylethyl) DEPARTMENT Reporting and recordkeeping additives for highway dibenzo[d,f][1,3,2], etc.; Federal Aviation requirements; published 2- use; comments due by comments due by 2-23- Administration 13-96 2-20-96; published 2-2- 96; published 1-24-96 Airworthiness directives: 96 Disodium decanedioate; Aerospatiale; comments due comments due by 2-23- COMMENTS DUE NEXT Air quality implementation by 2-20-96; published 1- 96; published 1-24-96 WEEK plans; approval and 11-96 promulgation; various Tri[2(or 4)-C9-10-branched Airbus; comments due by 2- States: alkylphenyl] 20-96; published 1-11-96 AGRICULTURE California; comments due by phosphorothioate; Airbus Industrie; comments DEPARTMENT 2-22-96; published 1-23- comments due by 2-22- due by 2-21-96; published Agricultural Marketing 96 96; published 1-23-96 Service INTERIOR DEPARTMENT 1-19-96 Delaware; comments due by Bracket Aircraft Co., Inc.; Spearmint oil produced in Far Surface Mining Reclamation 2-23-96; published 1-24- comments due by 2-20- West; comments due by 2- and Enforcement Office 96 96; published 12-18-95 23-96; published 1-24-96 Ohio; comments due by 2- Permanent program and abandoned mine land Fokker; comments due by AGRICULTURE 22-96; published 1-23-96 reclamation plan 2-21-96; published 1-19- DEPARTMENT Virginia; comments due by submissions: 96 Animal and Plant Health 2-23-96; published 1-24- Indiana; comments due by New Piper Aircraft, Inc.; Inspection Service 96 2-21-96; published 1-22- comments due by 2-21- Exportation and importation of Hazardous waste: 96 96; published 12-7-95 animals and animal Hazardous waste NATIONAL AERONAUTICS Saab; comments due by 2- products: management system, AND SPACE 20-96; published 1-9-96 Horses from contagious identification and listing-- ADMINISTRATION Sikorsky; comments due by equine metritis-affected Petroleum refining process Federal Acquisition Regulation 2-20-96; published 12-20- countries; States wastes; land disposal (FAR): Federal Register / Vol. 61, No. 30 / Tuesday, February 13, 1996 / Reader Aids v

TRANSPORTATION TREASURY DEPARTMENT National banks; fiduciary which have become Federal DEPARTMENT Alcohol, Tobacco and activities; comments due laws. It may be used in by 2-20-96; published 12- conjunction with ``P L U S'' National Highway Traffic Firearms Bureau 21-95 (Public Laws Update Service) Safety Administration Alcohol; viticultural area designations: Securities transactions; on 202±523±6641. The text of recordkeeping and Fuel economy standards: Malibu-Newton Canyon, CA; laws is not published in the confirmation requirements; comments due by 2-20- Federal Register but may be Light trucks-- comments due by 2-20-96; 96; published 12-22-95 ordered in individual pamphlet 1998 model year; published 12-22-95 form (referred to as ``slip Alcoholic beverages: correction; comments TREASURY DEPARTMENT laws'') from the due by 2-20-96; Wine; labeling proceedings-- Internal Revenue Service Superintendent of Documents, published 1-25-96 Certificates of label Income taxes: U.S. Government Printing approval, exemption Office, Washington, DC 20402 TRANSPORTATION S corporations and their from label approval, and shareholders-- (phone, 202±512±2470). DEPARTMENT distinctive liquor bottle Treatment of gain from H.R. 2029/P.L. 104±105 Research and Special approvals; comments disposition of interest in Programs Administration due by 2-21-96; certain natural resource Farm Credit System Reform published 1-22-96 Act of 1996 (Feb. 10, 1996; Hazardous materials: recapture property; TREASURY DEPARTMENT comments due by 2-20- 110 Stat. 162) Hazardous materials 96; published 12-21-95 Comptroller of the Currency S. 1124/P.L. 104±106 transportation-- Investment securities; Federal National Defense Authorization Miscellaneous regulatory review; comments LIST OF PUBLIC LAWS Act for Fiscal Year 1996 (Feb. amendments; comments due by 2-20-96; published 10, 1996; 110 Stat. 186) due by 2-22-96; 12-21-95 This is a list of public bills published 12-19-95 Practice and procedure: from the 104th Congress Last List February 12, 1996