Pages 43411±43646 Vol. 61 8±23±96 No. 165 federal register August 23,1996 Friday of thisissue. Washington, DC,seeannouncementontheinsidecover For informationonbriefingsinNewYork,NYand Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996

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2 III

Contents Federal Register Vol. 61, No. 165

Friday, August 23, 1996

Agricultural Marketing Service Commerce Department RULES See Foreign-Trade Zones Board Onions grown in— See International Trade Administration Idaho and Oregon, 43415–43417 See National Oceanic and Atmospheric Administration PROPOSED RULES See National Telecommunications and Information Milk marketing orders: Administration Carolina et al., 43474 Pacific Northwest et al., 43474–43483 Committee for Purchase From People Who Are Blind or NOTICES Severely Disabled Meetings: National Organic Standards Board, 43520 NOTICES Procurement list; additions and deletions, 43523–43527 Agriculture Department See Agricultural Marketing Service Committee for the Implementation of Textile Agreements See Animal and Plant Health Inspection Service NOTICES See Foreign Agricultural Service Cotton, wool, and man-made textiles: See Rural Utilities Service Taiwan, 43568

Air Force Department Comptroller of the Currency RULES NOTICES Public relations: Delayed availability of funds; interagency policy statement; Public affairs policies and procedures; CFR part removed, withdrawn, 43573 43466 NOTICES Environmental statements; availability, etc.: Customs Service Base realignment and closure— RULES Kelly AFB, TX, 43531 Organization and functions; field organization, ports of entry, etc.: Animal and Plant Health Inspection Service Puget Sound, WA; port limits extension, 43428–43429 RULES Exportation and importation of animals and animal Defense Department products: See Air Force Department Horses; vesicular stomatitis, 43417–43418 See Army Department PROPOSED RULES See Defense Logistics Agency Viruses, serums, toxins, etc.: See Navy Department Biological products and guidelines; definition, 43483– 43486 Defense Logistics Agency NOTICES Agency information collection activities: NOTICES Proposed collection; comment request, 43520–43521 Privacy Act: Harry S. Truman Animal Import Center; importation Systems of records, 43532–43533 procedures; application period and lottery, 43521– 43522 Defense Nuclear Facilities Safety Board NOTICES Army Department Recommendations: NOTICES DOE Savannah River Site; in-tank precipitation system, Environmental statements; availability, etc.: 43534–43536 Base realignment and closure— Communications-electronics management missions and Education Department functions and Army Audit Agency functions PROPOSED RULES relocation from St. Louis, MO, to Fort Monmouth, Federal regulatory review; miscellaneous amendments, NJ, 43532 43640–43642 Blackstone River Valley National Heritage Corridor Commission Employment Standards Administration NOTICES NOTICES Meetings; Sunshine Act, 43523 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, Blind or Severely Disabled, Committee for Purchase From 43562–43563 People Who Are See Committee for Purchase From People Who Are Blind or Energy Department Severely Disabled See Federal Energy Regulatory Commission IV Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Contents

Environmental Protection Agency NOTICES PROPOSED RULES Electric rate and corporate regulation filings: Air quality implementation plans; approval and Citizens Power & Light Corp. et al., 43537–43539 promulgation; various States; air quality planning Environmental statements; availability, etc.: purposes; designation of areas: Egan Hub Partners, L.P., 43539–43540 Colorado, 43501 Ketchikan Public Utilities, 43540 Solid wastes: Pacific Gas & Electric Co., 43540 Hazardous waste combustors, etc.; maximum achievable Natural gas certificate filings: control technologies performance standards Northern Natural Gas Co. et al., 43541–43542 Data availability, 43501–43515 Applications, hearings, determinations, etc.: NOTICES Alabama-Tennessee Natural Gas Co., 43536 Agency information collection activities: Columbia Gas Transmission Corp., 43536 Submission for OMB review; comment request, 43542– Koch Gateway Pipeline Co., 43536 43543 Questar Pipeline Co., 43536–43537 Border Environment Cooperation Commission: Williston Basin Interstate Pipeline Co., 43537 Certification criteria document availability, 43543–43544 Clean Air Act: Acid rain provisions— Federal Highway Administration Acidic deposition; adverse environmental and public NOTICES health effects reduction; State programs, 43544 Environmental statements; notice of intent Citizens suits; proposed settlements— Peoria County et al., IL, 43569–43570 Chemical Manufacturers Association et al., 43544 Environmental statements; availability, etc.: Federal Maritime Commission Agency statements— NOTICES Weekly receipts, 43544–43545 Freight forwarder licenses: Meetings: Universal Export Services Inc. et al., 43547 Sanitary Sewer Overflows Advisory Subcommittee, 43545 Science Advisory Board, 43545–43546 Toxic Substances Control Act; reporting requirements, Federal Railroad Administration 43546–43547 NOTICES Exemption petitions, etc.: Executive Office of the President Beech Mountain Railroad Co., 43570 See Presidential Documents

Federal Communications Commission Federal Reserve System RULES NOTICES Practice and procedure: Banks and bank holding companies: FM and TV allotment orders; automatic stay provision Change in bank control, 43547 deleted, 43468–43472 Formations, acquisitions, and mergers, 43547–43548 Radio stations; table of assignments: Permissible nonbanking activities, 43548 California, 43472 Delayed availability of funds; interagency policy statement; PROPOSED RULES withdrawn, 43573 Radio stations; table of assignments: Meetings; Sunshine Act, 43548 Virginia, 43515

Federal Contract Compliance Programs Office Federal Trade Commission RULES PROPOSED RULES Disabled veterans, Vietnam era veterans, and individuals Industry guides: with disabilities; affirmative action and Jewelry, precious metals, and pewter industries; platinum nondiscrimination obligations of contractors and product claims, 43500–43501 subcontr actors: Financial Management Service Reporting and recordkeeping requirements, 43466– See Fiscal Service 43468

Federal Deposit Insurance Corporation Fiscal Service RULES RULES Privacy Act; implementation: Book-entry Treasury bonds, notes, and bills: Federal regulatory reform, 43418–43420 Conforming amendments; CFR part removed, 43636– PROPOSED RULES 43638 Insured State banks; activities and investments, 43486– Securities held through financial intermediaries, 43626– 43500 43636 NOTICES Delayed availability of funds; interagency policy statement; withdrawn, 43573 Fish and Wildlife Service NOTICES Federal Energy Regulatory Commission Natural resource damage assessment plans; availability, RULES etc.: Conflict of interests, 43411–43415 Lower Fox River/Green Bay, WI, 43558 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Contents V

Food and Drug Administration Immigration and Naturalization Service RULES NOTICES Animal drugs, feeds, and related products: Agency information collection activities: New drug applications— Proposed collection; comment request, 43561–43562 Semduramicin with bacitracin methylene disalicyate and roxarsone; correction, 43450–43451 Interior Department Food for human consumption: See Fish and Wildlife Service Food labeling— See Land Management Bureau Sugar alcohols and dental caries; health claims, 43433– 43447 International Trade Administration GRAS or prior-sanctioned ingredients: NOTICES High fructose corn syrup, 43447–43450 Antidumping: Hydrophobic silica, 43451–43454 Vector supercomputers from— Japan, 43527–43530 Foreign Agricultural Service NOTICES International Trade Commission Grants and cooperative agreements; availability, etc.: RULES U.S. and Egypt; food crops collaborative research Practice and procedure: program, 43522 Unfair practices in import trade; investigations, etc., 43429–43433 Foreign Assets Control Office NOTICES RULES Import investigations: Foreign assets control regulations: Uruguay Round Agreements Act (URAA), General Antiterrorism and Effective Death Penalty Act; Agreement on Tariffs and Trade (GATT); Customs implementation— rules of origin international harmonization, 43560– Cuban and Iranian assets control regulations, Iranian 43561 transactions regulations, and Libyan and Iraqi sanctions regulations, 43459–43462 Justice Department Terrorism list governments sanctions regulations, 43462– See Immigration and Naturalization Service 43466 Sanctions; blocked persons, specially designated nationals, Labor Department terrorists, and narcotics traffickers, and blocked vessels; See Employment Standards Administration lists consolidation See Federal Contract Compliance Programs Office Correction, 43459 See Occupational Safety and Health Administration Land Management Bureau Foreign-Trade Zones Board NOTICES NOTICES Meetings: Applications, hearings, determinations, etc.: Resource advisory councils— Indiana, 43527 Lewistown District, 43558–43559 Puerto Rico Motor vehicle use restrictions: Mani Can Corp.; easy-open steel can processing Montana, 43559 facilities, 43527 Realty actions; sales, leases, etc.: Nevada, 43559–43560 Health and Human Services Department See Food and Drug Administration National Aeronautics and Space Administration See Health Resources and Services Administration NOTICES See National Institutes of Health Patent licenses; non-exclusive, exclusive, or partially NOTICES exclusive: Agency information collection activities: Imidyne Corp., 43563 Proposed collection; comment request, 43548–43549 National Institutes of Health Health Resources and Services Administration NOTICES NOTICES Agency information collection activities: Veterans Health Care Act: Proposed collection; comment request, 43556–43557 Limitation on prices of drugs purchased by covered Meetings: entities— National Institute on Aging, 43557 Contract pharmacy services, 43549–43556 National Oceanic and Atmospheric Administration Housing and Urban Development Department RULES NOTICES Fishery conservation and management: Agency information collection activities: Ocean salmon off coasts of Washington, Oregon, and Submission for OMB review; comment request, 43557– California, 43472–43473 43558 Summer flounder and scup, 43420–43428 Grants and cooperative agreements; availability, etc.: PROPOSED RULES Facilities to assist homeless— Fishery conservation and management: Excess and surplus Federal property, 43576–43624 Summer flounder, scup, and black sea bass, 43518–43519 VI Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Contents

Marine mammals: Research and Special Programs Administration Incidental taking— PROPOSED RULES Naval activities; USS Seawolf submarine shock testing; Rulemaking petitions: correction, 43517 Barbecue Industry Association; propane cylinders filling, Tuna, Atlantic bluefin fisheries, 43518 43515–43517 NOTICES Marine mammals: Rural Utilities Service Incidental taking; authorization letters, etc.— Taylor Energy Co., 43530 NOTICES Meetings: Environmental statements; availability, etc.: Gulf of Mexico Fishery Management Council, 43530– Alabama Electric Cooperative, 43522–43523 43531 Securities and Exchange Commission National Telecommunications and Information NOTICES Administration Self-regulatory organizations; proposed rule changes: NOTICES Chicago Stock Exchange, Inc., 43566–43567 Meetings: New York Stock Exchange, Inc.; correction, 43574 Spectrum Planning and Policy Advisory Committee, Applications, hearings, determinations, etc.: 43531 AZX, Inc.; correction, 43574 Heritage Media Corp.; correction, 43574 Navy Department Lazard Funds, Inc., et al.; correction, 43574 NOTICES Environmental statements; availability, etc.: Naval Air Station Cecil Field, FL; realignment of F/A-18 State Department aircraft and associated personnel to Naval Air Station NOTICES Oceana, VA, 43533–43534 Grant and cooperative agreement awards: American Council of Teachers of Russian et al., 43567– Nuclear Regulatory Commission 43568 NOTICES Environmental statements; availability, etc.: Textile Agreements Implementation Committee Shieldalloy Metallurgical Corp., 43563–43564 See Committee for the Implementation of Textile Meetings: Agreements Reactor Safeguards Advisory Committee, 43565

Occupational Safety and Health Administration Thrift Supervision Office RULES NOTICES Safety and health standards, etc.: Delayed availability of funds; interagency policy statement; Asbestos; occupational exposure; correction, 43454– withdrawn, 43573 43459 Transportation Department Personnel Management Office See Federal Highway Administration RULES See Federal Railroad Administration Pay under General Schedule: See Research and Special Programs Administration Locality-based comparability payments— PROPOSED RULES Metropolitan areas removed; correction, 43574 Computer reservation systems: NOTICES Fair displays of airline services Meetings: Correction, 43500 Federal Prevailing Rate Advisory Committee, 43565– NOTICES 43566 Meetings: Great Lakes/St. Lawrence Seaway system; U.S./Canadian Postal Service Governmental Working Group, 43568–43569 NOTICES Meetings; Sunshine Act, 43566 Treasury Department Presidential Documents See Comptroller of the Currency PROCLAMATIONS See Customs Service Special observances: See Fiscal Service Women’s Equality Day, 1996 (Proc. 6912), 43645 See Foreign Assets Control Office See Thrift Supervision Office Public Health Service NOTICES See Food and Drug Administration Agency information collection activities: See Health Resources and Services Administration Submission for OMB review; comment request, 43570– See National Institutes of Health 43572 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Contents VII

Separate Parts In This Issue

Part II Housing and Urban Development Department, 43576–43624

Part III Treasury Department, Fiscal Service, 43626–43638

Part IV Education Department, 43640–43642

Part V The President, 43645

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

Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law numbers, Federal Register finding aids, and a list of documents on public inspection is available on 202–275– 1538 or 275–0920. VIII Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR 607...... 43640 642...... 43640 PROCLAMATION: 648...... 43640 6912...... 43645 662...... 43640 5 CFR 663...... 43640 531...... 43574 664...... 43640 Ch. XXIV...... 43411 40 CFR 7 CFR Proposed Rules: 958...... 43415 52...... 40501 Proposed Rules: 60...... 40501 1005...... 43474 63...... 40501 1007...... 43474 81...... 40501 1011...... 43474 260...... 40501 1046...... 43474 261...... 40501 1124...... 43474 264...... 40501 265...... 40501 9 CFR 266...... 40501 92...... 43417 270...... 40501 Proposed Rules: 271...... 40501 101...... 43483 41 CFR 12 CFR 60-250...... 43466 310...... 43418 60-741...... 43466 Proposed Rules: 60-999...... 43466 362...... 43486 47 CFR 14 CFR 1...... 43468 Proposed Rules: 73...... 43472 255...... 43500 Proposed Rules: 73...... 40515 15 CFR 902...... 43420 48 CFR 16 CFR Proposed Rules: 173...... 43640 Proposed Rules: Ch. 34 ...... 43640 23...... 43500 49 CFR 18 CFR 3c ...... 43411 Proposed Rules: 173...... 43515 19 CFR 101...... 43428 50 CFR 210...... 43429 660...... 43472 21 CFR Proposed Rules: 101...... 43433 216...... 43517 182...... 43447 285...... 43518 184...... 43447 648...... 43518 558...... 43450 584...... 43451 29 CFR 1910...... 43454 1915...... 43454 1926...... 43454 31 CFR 306...... 43636 350...... 43636 356...... 43636 357...... 43626 358...... 43636 500...... 43459 515...... 43459 535...... 43459 550...... 43459 560...... 43459 575...... 43459 596...... 43462 Ch. V...... 43459 32 CFR 837...... 43466 34 CFR Proposed Rules: 75...... 43640 76...... 43640 77...... 43640 270...... 43640 271...... 43640 272...... 43640 43411

Rules and Regulations Federal Register Vol. 61, No. 165

Friday, August 23, 1996

This section of the FEDERAL REGISTER EFFECTIVE DATE: These regulations take • Scroll down the page to select FedWorld contains regulatory documents having general effect August 23, 1996. Telnet Site applicability and legal effect, most of which • Select the option: [1] FedWorld FOR FURTHER INFORMATION CONTACT are keyed to and codified in the Code of : • Logon to the FedWorld system Federal Regulations, which is published under Elizabeth Arnold, Office of the General • Type: /go FERC 50 titles pursuant to 44 U.S.C. 1510. Counsel, General and Administrative Law, Room 91–18, Federal Energy I. Background The Code of Federal Regulations is sold by Regulatory Commission, 888 First On August 7, 1992, OGE published the Superintendent of Documents. Prices of Street, NE., Washington, D.C. 20426; new Standards of Ethical Conduct for new books are listed in the first FEDERAL telephone 202–208–0457. Employees of the Executive Branch REGISTER issue of each week. (Standards). See 57 FR 35006–35067, as SUPPLEMENTARY INFORMATION: corrected at 57 FR 48557, 57 FR 52583, Availability of Documents and 60 FR 51667, with additional grace DEPARTMENT OF ENERGY In addition to publishing the full text period extensions at 59 FR 4779–4780, Federal Energy Regulatory of this document in the Federal 60 FR 6390–6391, and 60 FR 66857– Commission Register, the Commission also provides 66858. Codified at 5 CFR part 2635, the all interested persons an opportunity to new Standards became effective on 5 CFR Chapter XXIV inspect or copy the contents of this February 3, 1993, superseding most document during normal business hours agency-specific standards of conduct on 18 CFR Part 3c in the Public Reference Room at 888 that date. In February 1993, the Commission First Street, NE., Washington, D.C. RIN 3209±AA15 repealed portions of its standards of 20426. [Docket No. RM95±1±000; Order No. 589] conduct regulations that were The Commission Issuance Posting superseded by OGE’s Standards. 58 FR Supplemental Standards of Ethical System (CIPS), an electronic bulletin 7486. The repealed sections included Conduct for Employees of the Federal board service, provides access to the most of the Commission’s conflict of Energy Regulatory Commission texts of formal documents issued by the interest and ethical conduct regulations, Commission. CIPS is available at no and provisions relating to the reporting Issued August 16, 1996. charge to the user and may be accessed of outside employment and financial using a personal computer with a AGENCY: Federal Energy Regulatory interests. The Commission retained for Commission. modem by dialing (202) 208–1397 if a temporary OGE-approved period its dialing locally or 1–800–856–3920 if ACTION: Final rule. preexisting prohibition against the dialing long distance. To access CIPS, ownership or purchase of the securities SUMMARY: The Commission, with the set your communications software to of jurisdictional companies. The concurrence of the Office of 19200, 14400, 12000, 9600, 7200, 4800, Commission also retained on the basis Government Ethics (OGE), is issuing 2400, or 1200 bps, full duplex, no of independent statutory authority regulations for employees of the parity, 8 data bits, and 1 stop bit. The provisions barring the disclosure of Commission, including members of the full text of this document will be audit information and information Commission, which supplement the available on CIPS indefinitely in ASCII relating to the nature and timing of Standards of Ethical Conduct for and in WordPerfect 5.1 format for one future Commission action. Employees of the Executive Branch year. The complete text on diskette in With the concurrence of OGE, issued by OGE. The supplemental WordPerfect format may also be agencies are authorized to publish regulations are necessary and purchased from the Commission’s copy agency-specific supplemental appropriate in view of the particular contractor, La Dorn Systems regulations that are necessary to needs of the Commission as a regulatory Corporation, also located in the Public implement properly their respective body with quasi-judicial functions. The Reference Room at 888 First Street NE., ethics programs. The Commission, with supplemental regulations establish Washington, D.C. 20426. OGE’s concurrence, has determined that prohibitions on holding securities of The Commission’s bulletin board the following supplemental regulations, certain companies substantially affected system also can be accessed through the to be codified in part 3401 of new by Commission regulation and require FedWorld system directly by modem or chapter XXIV of 5 CFR, are necessary Commission employees to seek approval through the Internet. To access the and appropriate to the successful from the Designated Agency Ethics FedWorld system by modem: implementation of the Commission’s Officer of the Commission (DAEO) prior • Dial (703) 321–3339 and logon to the ethics program. By this rulemaking, the to engaging in certain outside activities. FedWorld system. Commission is also revising its own The supplemental regulations also • After logging on, type: /go FERC regulations at 18 CFR part 3c to delete require employees to document recusals To access the FedWorld system through the conflicts of interest provision being the Internet: in writing. The Commission is also • superseded by the new supplemental repealing its existing standards of Telnet to: fedworld.gov • Select the option: [1] FedWorld regulations and to establish standards of conduct and inserting in their place a • Logon to the FedWorld System cooperation with the Inspector General. cross-reference to other ethics • Type: /go FERC The Commission is issuing these regulations, and a provision establishing Or: regulations pursuant to its authority as standards of cooperation with the • Point your Web Browser to: http:// an independent regulatory body within Inspector General. www.fedworld.gov the Department of Energy (DOE). The 43412 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

Energy Department published its own integrity of the Commission’s programs Section 3401.103 Procedures for supplemental regulations in the Federal and processes. New section 3401.102 is Accomplishing Disqualification Register on July 5, 1996, which are not generally similar to the Commission’s Section 3401.103 requires that where applicable to Commission employees. prior prohibition and identifies the employees disqualify themselves from a See 61 FR 35085–35088. The types of entities the securities of which particular matter before the Commission has the statutory employees are prohibited from holding Commission, whether because of a responsibility to manage its own or acquiring. The restrictions also will conflicting financial interest, a question operations, including the supervision of help to maintain public confidence that of the employee’s impartiality, or its staff. Its officers and employees, in sensitive information relating to agency because the employee is seeking the performance of their functions, are operations is not misused for private employment with a person who could not responsible or subject to the gain and will help accomplish the be affected by the performance of the supervision of any officer or employee Commission’s mission by avoiding employee’s duties, written notification of any other part of DOE. 42 U.S.C. widespread disqualification of of the recusal must be provided to a 7171. The Commission is authorized to employees from the performance of supervisor and the ethics officer. Under prescribe rules, regulations and policy their official duties. the executive branch-wide Standards, statements, including such procedural employees who become aware of the The Commission has determined that and administrative rules as are need to disqualify themselves from necessary to the exercise of its application of the securities restrictions participation in a particular matter to functions, and is issuing these in § 3401.102 to spouses and minor which they have been assigned should regulations, with the concurrence of children is necessary to avoid notify the person responsible for the OGE, pursuant to its authority to do so, interference with the ability of assignment. An employee is not independent of DOE. 42 U.S.C. 7171(f) employees to do their jobs, which must required under those Standards to file a and 7172(h). be performed with impartiality, and to written disqualification statement II. Analysis of the Regulations enable the Commission to carry out its unless asked by an agency ethics official mission effectively. As evidence by or the person responsible for the Section 3401.101 General provisions long included in 18 CFR part assignment to file a written Section 3401.101 explains that the 3c, the Commission believes it is disqualification statement. 5 CFR regulations contained in the rule apply important to the success of its mission 2635.402(c), 2635.502(e), and 263.604. to all Commission employees, which for regulated entities and others affected The Commission has determined that include members of the Commission, by agency decisions to have this where a disqualification is necessary, a and are supplemental to the Standards. additional degree of assurance that written record of the recusal is required It also notes that employees are required agency decisions are not influenced by to protect both the disqualified to comply with 5 CFR part 2635, the considerations of personal gain on the employee and the Commission. A executive branch financial disclosure part of Commission personnel. written recusal statement avoids regulations at 5 CFR part 2634, The DAEO will compile annually a possible questions about the scope and terms of the recusal and ensures that the additional rules of conduct published in Prohibited Securities List (PSL) agency will be able to provide adequate 5 CFR part 735, and the Commission’s cataloguing the financial interests that staffing for the matter from which the Standards of Conduct at 18 CFR part 3c. employees may not own. The PSL is employee is recused. The Commission Section 3401.102 Prohibited Financial intended to serve as a reference source has in the past requested written Interests to assist employees in identifying notifications of recusal for members of The Standards at 5 CFR 2635.403(a), prohibited interests. Whether or not a the staff. Accordingly, a written provide that individual agencies may holding is included in the PSL is not notification requirement is being adopt supplemental regulations conclusive as to its status as a included in these supplemental prohibiting or restricting employees prohibited holding. regulations. The written notification from acquiring or holding certain Section 3401.102(b) gives the DAEO provision contained in § 3401.103 is not financial interests or classes of financial authority to grant a written waiver of the applicable to members of the interests if the acquisition or holding application of § 3401.102(a) based upon Commission, who have no supervisors, would cause a reasonable person to a determination that the waiver is not and who indicate their nonparticipation question the impartiality with which the inconsistent with law and the executive in public matters on the public record. agency’s programs are administered. branch-wide Standards and meets the In practice, such matters comprise the Where it is necessary to the efficiency waiver standard established in vast majority of items that came before of the service, such prohibitions may be § 3401.102(b). An employee may be the Commission. extended to employees’ spouses and required under the waiver to disqualify The supplemental rule merely minor children. himself or herself from a particular establishes disqualification procedures Under 18 CFR part 3c, the matter or take other appropriate action. when recusal is otherwise appropriate. Commission has long prohibited It establishes no independent standards employees, their spouses and minor The waiver provision is intended, in as to when recusal is necessary. children, from owning the securities of appropriate cases, to ease the burden Moreover, it is not the Commission’s certain entities directly or indirectly that the prohibited financial interests purpose to impose a technical subject to the jurisdiction of the section may impose on the private lives requirement that would result in Commission. The Commission has of Commission employees, while disciplining an employee for failure to determined that a supplemental ensuring that employees do not engage provide written notice by some arbitrary regulation is needed to retain the in actions that may interfere with the deadline. Thus, the notice requirement general prohibition against financial objective and impartial execution of imposed by this regulation is phrased to holdings in those companies that are their official duties or raise questions give an employee flexibility in substantially affected by Commission about possible misuse of their official determining precisely when to give regulation in order to protect the positions. notice of disqualification from a matter Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43413 to which the employee has been such negotiations are at 18 U.S.C. 208(a) General as an authority to which it assigned. Notice is to be given when the and subpart F of 5 CFR part 2635. The would be appropriate for an employee employee becomes aware of the need to prior approval requirement does not to disclose waste, fraud, abuse and disqualify himself from participation in apply to special Government employees. corruption, and requires employees to the matter. In no way does the notice To ensure that § 3401.104 is not itself cooperate with official inquiries by the requirement affect the employee’s construed as authority to deny Inspector General. 5 U.S.C. app., obligation not to participate in the permission to engage in outside sections 2 and 6. This section is adopted matter. employment, paragraph (b) states that at the request of the Inspector General approval shall be granted unless a and replaces a similar provision Section 3401.104 Prior Approval for determination is made that the outside Outside Employment formerly applicable both to DOE and the employment is expected to involve Commission. 10 CFR 1010.217. Under 5 CFR 2635.803, an agency that conduct prohibited by statutes or The separate conflict of interest determines it is necessary or desirable Federal regulation, including 5 CFR part provisions applicable to ‘‘supervisory for the purpose of administering its 2635. employees’’ of DOE and the ethics program may, by supplemental At § 3401.104(c), ‘‘employment’’ is Commission under Title VI of the regulation, require its employees to broadly defined to cover any form of Department of Energy Organization Act obtain written approval before engaging compensated non-Federal employment have been repealed by Congress. See in outside employment. The or business relationship or activity National Defense Authorization Act for Commission’s conduct regulations at 18 involving the provision of personal Fiscal Year 1996, Public Law 104–106, CFR part 3c, prior to the repeal of service by the employee. section 4304(b)(6), 110 Stat. 642. The portions of the regulations following the ‘‘Compensation’’ is defined to exclude implementing DOE regulations, which effective date of the Standards, required actual and necessary expenses incurred were applicable to the Commission, prior notification of all proposed by the employee in connection with the have also been repealed. See 61 FR outside employment, and was, in outside activity. 5085. Accordingly, those provisions are essence a prior approval requirement. III. Repeal and Revision of the no longer in effect and are not being The Commission has determined to Commission’s Standards of Conduct for included in 18 CFR part 3c. reinstitute a narrower version of the Employees advance notification requirement in the IV. Matters of Regulatory Procedure The final rule repeals those portions form of a prior approval requirement. Regulatory Flexibility Act The Commission does not believe there of the regulations at 18 CFR 3c is a need for a general requirement of governing Commission employees’ The Regulatory Flexibility Act of 1980 prior approval for all outside responsibilities and conduct that were (RFA) (5 U.S.C. 601–612) generally employment. However, in order to preserved pending issuance of the final requires a description and analysis of protect the interests of the Commission rule. final rules that will have significant by ensuring that employees are not These repeals leave in 18 CFR part 3c economic impact on a substantial engaged in activities that are prohibited and redesignate those provisions that number of small entities. The by statute or Federal regulation, the Commission has authority to issue Commission certifies that, pursuant to including 5 CFR part 2635, the independent of 5 CFR part 2635. The section 605(b) of the RFA, this rule will Commission has determined that it is prohibition against the disclosure of not have a significant economic impact necessary to the administration of its audit materials merely summarizes on a substantial number of small ethics programs to require Commission statutory provisions in section 301(b) of entities. This is a procedural rule employees to obtain written approval the Federal Power Act (16 U.S.C. 825(c)) affecting Federal employees and their before accepting outside employment and section 8(b) of the Natural Gas Act immediate families. It does not impact with a prohibited source. Therefore, (15 U.S.C. 717g). The requirement that small entities as defined in the RFA. § 3401.104(a) of this supplemental rule Commission employees must treat Environmental Impact requires that a FERC employee who information about proposed wishes to engage in outside employment Commission action as confidential is a The Commission concludes that with a prohibited source must obtain designation of covered information as issuance of this rule would not prior written approval from the DAEO confidential that is not inconsistent represent a major Federal action having through normal supervisory channels with 5 CFR part 2635 and which the a significant adverse effect on the before engaging in such outside agency is free to promulgate apart from human environment under the employment. Prohibited sources the supplemental regulations. The Commission regulations implementing include, for example, entities regulated provision is founded on the the National Environmental Policy Act by the Commission, parties to Commission’s statutory authority to (see 18 CFR part 380). This rule is Commission proceedings, and adopt such procedural and procedural in nature and therefore falls contractors doing business or seeking to administrative rules as are necessary to within the categorical exemptions do business with the Commission. exercise its functions. 42 U.S.C. 7171(f). provided in the Commission’s This prior approval requirement These provisions are being redesignated regulations. Consequently, neither an applies to outside employment as § 3c.2 and will follow a new § 3c.1 environmental impact statement nor an concurrent with Commission which provides a cross-reference to environmental assessment is required. employment. The requirement does not ethics and other conduct-related See 18 CFR 380.4(a)(1). apply to employment that will be regulations. engaged in after an employee terminates Section 3c.3 assists employees in Paperwork Reduction Act Statement Federal service. Standards governing adhering to the general principle of The Paperwork Reduction Act of 1995 post-employment conflicts of interest ethical conduct at 5 CFR (Pub. L. 104–13, 109 Stat. 163 (1995)) are found at 18 U.S.C. 207 and 5 CFR 2635.101(b)(11), under which an and the Office of Management and part 2641. Nor will the prior approval employee shall disclose waste, fraud, Budget’s (OMB’s) regulations (5 CFR requirement apply to negotiations for abuse, and corruption to appropriate part 1320) require that OMB approve employment. The standards governing authorities. It identifies the Inspector certain information collection 43414 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations requirements imposed by agency rule. By the Commission. (3) A hydroelectric licensee or However, this rule contains no Lois D. Cashell, exemptee; information collection requirements and Secretary, Federal Energy Regulatory (4) A public utility; therefore is not subject to OMB Commission. (5) Any electric utility engaged in the approval. Approved: August 15, 1996. wholesale sale or transmission of Administrative Procedure Act Marilyn L. Glynn, electricity or having obtained an Deputy General Counsel, Office of interconnection or wheeling order The Administrative Procedure Act Government Ethics. under Part II of the Federal Power Act; (APA) (5 U.S.C. 551–559) requires or For the reasons set forth in the (6) The parent company of an entity rulemakings to be published in the preamble, the Commission, with the identified in paragraphs (a)(1) through Federal Register. The APA generally concurrence of the Office of (a)(5) of this section. mandates that an opportunity for Government Ethics, is amending title 5 comment be provided when an agency and title 18, chapter I of the Code of (b) Waiver. The DAEO may grant a promulgates regulations. Notice and Federal Regulations as set forth below. written waiver from this section based comment are not required, however, on a determination that the waiver is where a rule relates to agency personnel Title 5Ð[Amended] not inconsistent with part 2635 of this or agency organization, procedure or 1. A new chapter XXIV, consisting of title or otherwise prohibited by law and practice or when the ‘‘agency for good part 3401, is added to title 5 of the Code that, under the particular circumstances, cause finds that notice and public of Federal Regulations to read as application of the provision is not procedure thereon are impracticable, follows: necessary to avoid the appearance of unnecessary, or contrary to the public CHAPTER XXIVÐFEDERAL ENERGY misuse of position or loss of interest’’ (5 U.S.C. 553 (a)(2) and (b)(3)). REGULATORY COMMISSION impartiality, or otherwise to ensure confidence in the impartiality and The Commission finds that notice and PART 3401ÐSUPPLEMENTAL objectivity with which Commission comment are unnecessary for this STANDARDS OF ETHICAL CONDUCT programs are administered. A waiver rulemaking. The rulemaking concerns FOR EMPLOYEES OF THE FEDERAL under this paragraph may impose agency personnel and agency ENERGY REGULATORY COMMISSION appropriate conditions, such as organization, procedure, and practice, requiring execution of a written and for the most part, restates Sec. disqualification. 3401.101 General. provisions previously contained in (c) Definitions. For purposes of this earlier Commission ethics rules or 3401.102 Prohibited financial interests. 3401.103 Procedures for accomplishing section: internal administrative requirements or disqualification. (1) The term securities includes all DOE regulations applicable to FERC. 3401.104 Prior approval for outside interests in debt or equity instruments. The Commission, therefore, finds good employment. The term includes, without limitation, cause in accordance with 5 U.S.C. Authority: 5 U.S.C. 7301; 5 U.S.C. App. secured and unsecured bonds, 553(d)(3) to make these rules effective (Ethics in Government Act of 1978); 42 debentures, notes, securitized assets, upon publication in the Federal U.S.C. 7171, 7172; E.O. 12674, 54 FR 15159, and commercial paper, as well as all Register. 3 CFR, 1989 Comp., p. 215, as modified by types of preferred and common stock. E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., The term encompasses both current and Congressional Notification p. 306; 5 CFR 2635.105, 2635.402(c), 2635.403, 2635.502(e), 2635.604, 2635.803. contingent ownership interests, The Small Business Regulatory including any beneficial or legal interest Enforcement Fairness Act of 1996 § 3401.101 General. derived from a trust. It extends to any requires agencies to report to Congress In accordance with 5 CFR 2635.105, right to acquire any long or short on the promulgation of certain final the regulations in this part apply to position in such securities and includes, rules prior to their effective dates. 5 employees of the Federal Energy without limitation, interests convertible U.S.C. 801. That reporting requirement Regulatory Commission (Commission) into such securities, as well as options, does not apply to this final rule because and supplement the Standards of rights, warrants, puts, calls and straddles with respect thereto. It does it falls within a statutory exception for Ethical Conduct for Employees of the not include an interest in a publicly rules relating to agency management or Executive Branch contained in 5 CFR traded or publicly available mutual fund personnel. 5 U.S.C. 804(3)(B). part 2635. In addition to the standards in 5 CFR part 2635 and this part, or other collective investment fund, or List of Subjects employees are subject to the executive in a widely held pension or similar branch financial disclosure regulations fund, provided that the fund’s 5 CFR Part 3401 contained in 5 CFR part 2634, prospectus does not indicate the Conflict of interests, Government additional regulations on objective or practice of concentrating its investments in entities identified in employees, Standards of conduct. responsibilities and conduct at 5 CFR part 735, and Commission specific paragraphs (a)(1) through (a)(6) of this 18 CFR Part 3c provisions contained in 18 CFR part 3c. section, and the employee neither exercises control nor has the ability to Government employees, Standards of § 3401.102 Prohibited financial interests. exercise control over the financial conduct. (a) General prohibition. Except as interests held in the fund. Adopted: August 9, 1996. provided in paragraphs (b) and (c) of (2) The term parent means a company this section, an employee, or the spouse that possesses, directly or indirectly, the or minor child of an employee, shall not power to direct or cause the direction of acquire or hold any securities of: the management and policies of an (1) A natural gas company; entity identified in paragraphs (a)(1) (2) An interstate oil pipeline; through (a)(5) of this section. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43415

§ 3401.103 Procedures for accomplishing 3c.3 Reporting fraud, waste, abuse, and provide documents and other materials disqualification. corruption and cooperation with official concerning matters of official interest. (a) An employee, other than a member inquiries. An employee is not required to respond of the Commission, who is required, in Authority: 15 U.S.C. 717g; 16 U.S.C. to such official inquiries if answers or accordance with 5 CFR 2635.402(c), 825(b); 42 U.S.C. 7171, 7172. testimony may subject the employee to 2635.502(e), or 2635.604(a), to § 3c.1 Cross-reference to employee ethical criminal prosecution. disqualify himself from participation in conduct standards and financial disclosure [FR Doc. 96–21412 Filed 8–22–96; 8:45 am] a particular matter before the regulations. BILLING CODE 6717±01±M Commission shall provide written Employees of the Federal Energy notice of disqualification to his Regulatory Commission (Commission) supervisor and to the DAEO when he are subject to the executive branch-wide DEPARTMENT OF AGRICULTURE becomes aware of the need to disqualify financial disclosure regulations at 5 CFR himself from participation in the matter. part 2634, the Standards of Ethical Agricultural Marketing Service This procedure is required Conduct for Employees of the Executive notwithstanding the guidance in 5 CFR Branch at 5 CFR part 2635, the 7 CFR Part 958 2635.402(c)(2), 2635.502(e)(2), and Commission regulations at 5 CFR part [Docket No. FV96±958±2 FIR] 2635.604(c). 3401 which supplement the Standards (b) An employee may withdraw of Ethical Conduct, and the executive Idaho-Eastern Oregon Onions; written notice under paragraph (a) of branch-wide employee responsibilities Assessment Rate this section upon determining that and conduct regulation at 5 CFR part disqualification from participation in 735. AGENCY: Agricultural Marketing Service, the matter is no longer required. A USDA. withdrawal of disqualification shall be § 3c.2 Nonpublic information. ACTION: Final rule. in writing and shall be provided to the (a) Section 301(b) (16 U.S.C. 825(b)) of employee’s supervisor and to the DAEO. the Federal Power Act and section 8(b) SUMMARY: The Department of (15 U.S.C. 717g) of the Natural Gas Act Agriculture (Department) is adopting as § 3401.104 Prior approval for outside a final rule, with a correction, the employment. prohibit any employee, in the absence of Commission or court direction, from provisions of an interim final rule that (a) Prior approval requirement. An divulging any fact or information which established an assessment rate for the employee, other than a special may come to his or her knowledge Idaho-Eastern Oregon Onion Committee Government employee, must obtain during the course of examination of (Committee) under Marketing Order No. written approval from the DAEO books or other accounts. 958 for the 1996–97 and subsequent through normal supervisory channels (b) The nature and time of any fiscal periods. The Committee is before engaging in outside employment proposed action by the Commission are responsible for local administration of with any person who is a ‘‘prohibited confidential and shall not be divulged to the marketing order which regulates the source’’ as that term is defined at 5 CFR anyone outside the Commission. The handling of onions grown in designated 2635.203(d). Secretary of the Commission has the counties in Idaho, and Malheur County, (b) Approval of requests. Approval exclusive responsibility and authority Oregon. Authorization to assess onion under this section shall be denied only for authorizing the initial public release handlers enables the Committee to incur upon a determination by the DAEO that of information concerning Commission expenses that are reasonable and the outside activity is expected to proceedings. necessary to administer the program. involve conduct prohibited by statute or DATES: Effective on July 1, 1996. Federal regulations, including 5 CFR § 3c.3 Reporting fraud, waste, abuse, and part 2635. corruption and cooperation with official FOR FURTHER INFORMATION CONTACT: (c) Definitions. For purposes of this inquiries. Martha Sue Clark, Program Assistant, section, ‘‘employment’’ means any form (a) Employees shall, in fulfilling the Marketing Order Administration of non-Federal employment or business obligation of 5 CFR 2635.101(b)(11), Branch, Fruit and Vegetable Division, relationship or activity involving the report fraud, waste, abuse, and AMS, USDA, P.O. Box 96456, room provision of personal services by the corruption in Commission programs, 2523–S, Washington, DC 20090–6456, employee for compensation other than including on the part of Commission telephone 202–720–9918, FAX 202- reimbursement of actual and necessary employees, contractors, subcontractors, 720–5698, or Robert J. Curry, Marketing expenses. It includes, but is not limited grantees, or other recipients of Specialist, Northwest Marketing Field to, personal services as an officer, Commission financial assistance, to the Office, Fruit and Vegetable Division, director, employee, agent, attorney, Office of Inspector General or other AMS, USDA, Green-Wyatt Federal consultant, contractor, general partner, appropriate Federal authority. Building, room 369, 1220 Southwest or trustee. (b) All alleged violations of the ethical Third Avenue, Portland, OR 97204, restrictions described in § 3c.1 that are telephone 503–326–2724, FAX 503– Title 18Ð[Amended] reported in accordance with paragraph 326–7440. Small businesses may request CHAPTER IÐFEDERAL ENERGY (a) of this section to an appropriate information on compliance with this REGULATORY COMMISSION authority within the Commission shall regulation by contacting: Jay Guerber, 2. Part 3c of 18 CFR is revised to read in turn be referred by that authority to Marketing Order Administration as follows: the Designated Agency Ethics Official or Branch, Fruit and Vegetable Division, his or her designee, or the Inspector AMS, USDA, P.O. Box 96456, room PART 3cÐSTANDARDS OF CONDUCT General. 2523–S, Washington, DC 20090–6456, (c) Employees shall cooperate with telephone 202–720–2491, FAX 202– Sec. 720–5698. 3c.1 Cross-reference to employee ethical official inquiries by the Inspector conduct standards and financial General; they shall respond to questions SUPPLEMENTARY INFORMATION: This rule disclosure regulations. truthfully under oath when required, is issued under Marketing Agreement 3c.2 Nonpublic information. whether orally or in writing, and must No. 130 and Order No. 958, both as 43416 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations amended (7 CFR part 958), regulating onions in the production area and FR 27250). That interim final rule added the handling of onions grown in approximately 34 handlers subject to a new subpart heading—Assessment designated counties in Idaho, and regulation under the marketing order. Rates and § 958.240 to establish an Malheur County, Oregon. The order is Small agricultural producers have been assessment rate for the Committee. That effective under the Agricultural defined by the Small Business rule provided that interested persons Marketing Agreement Act of 1937, as Administration (13 CFR 121.601) as could file comments through July 1, amended (7 U.S.C. 601–674), hereinafter those having annual receipts of less than 1996. No comments were received. referred to as the ‘‘Act.’’ $500,000, and small agricultural service While this rule will impose some The Department is issuing this rule in firms are defined as those whose annual additional costs on handlers, the costs conformance with Executive Order receipts are less than $5,000,000. The are in the form of uniform assessments 12866. majority of Idaho-Eastern Oregon onion on all handlers. Some of the additional This rule has been reviewed under producers and handlers may be costs may be passed on to producers. Executive Order 12988, Civil Justice classified as small entities. However, these costs will be offset by Reform. Under the marketing order now The Idaho-Eastern Oregon onion the benefits derived by the operation of in effect, Idaho-Eastern Oregon onion marketing order provides authority for the marketing order. Therefore, the AMS handlers are subject to assessments. the Committee, with the approval of the has determined that this rule will not Funds to administer the order are Department, to formulate an annual have a significant economic impact on derived from such assessments. It is budget of expenses and collect a substantial number of small entities. intended that the assessment rate as assessments from handlers to administer The assessment rate established in issued herein will be applicable to all the program. The members of the this rule will continue in effect assessable onions beginning July 1, Committee are producers and handlers indefinitely unless modified, 1996, and continuing until amended, of Idaho-Eastern Oregon onions. They suspended, or terminated by the suspended, or terminated. This rule will are familiar with the Committee’s needs Secretary upon recommendation and not preempt any State or local laws, and with the costs of goods and services information submitted by the regulations, or policies, unless they in their local area and are thus in a Committee or other available present an irreconcilable conflict with position to formulate an appropriate information. this rule. budget and assessment. The assessment Although this assessment rate is The Act provides that administrative rate is formulated and discussed in a effective for an indefinite period, the proceedings must be exhausted before public meeting. Thus, all directly Committee will continue to meet prior parties may file suit in court. Under affected persons have an opportunity to to or during each fiscal period to section 608c(15)(A) of the Act, any participate and provide input. recommend a budget of expenses and handler subject to an order may file The Committee met on March 21, consider recommendations for with the Secretary a petition stating that 1996, and unanimously recommended modification of the assessment rate. The the order, any provision of the order, or 1996–97 expenditures of $1,115,993 and dates and times of Committee meetings any obligation imposed in connection an assessment rate of $0.10 per are available from the Committee or the with the order is not in accordance with hundredweight of onions. In Department. Committee meetings are law and request a modification of the comparison, last year’s budgeted open to the public and interested order or to be exempted therefrom. Such expenditures were $1,111,447. The persons may express their views at these handler is afforded the opportunity for assessment rate of $0.10 is the same as meetings. The Department will evaluate a hearing on the petition. After the last year’s established rate. Major Committee recommendations and other hearing the Secretary would rule on the expenditures recommended by the available information to determine petition. The Act provides that the Committee for the 1996–97 year include whether modification of the assessment district court of the United States in any $10,000 for Committee expenses, rate is needed. Further rulemaking will district in which the handler is an $123,593 for salary expenses, $62,400 be undertaken as necessary. The inhabitant, or has his or her principal for travel and office expenses, $60,000 Committee’s 1996–97 budget and those place of business, has jurisdiction to each for research and export, $725,000 for subsequent fiscal periods will be review the Secretary’s ruling on the for promotion, and $75,000 for a reviewed and, as appropriate, approved petition, provided an action is filed not contingency fund. Budgeted expenses by the Department. later than 20 days after the date of the for these items in 1995–96 were After consideration of all relevant entry of the ruling. $10,000, $121,431, $61,600, $59,340, material presented, including the Pursuant to requirements set forth in $60,000, $724,076, and $75,000, information and recommendation the Regulatory Flexibility Act (RFA), the respectively. submitted by the Committee and other Agricultural Marketing Service (AMS) The assessment rate recommended by available information, it is hereby found has considered the economic impact of the Committee was derived by dividing that this rule, as hereinafter set forth, this rule on small entities. anticipated expenses by expected will tend to effectuate the declared The purpose of the RFA is to fit shipments of Idaho-Eastern Oregon policy of the Act. regulatory actions to the scale of onions. Onion shipments for the year This final rule also adds a new business subject to such actions in order are estimated at 8,800,000 subpart heading—Handling Regulations that small businesses will not be unduly hundredweight, which should provide to the Code of Federal Regulations or disproportionately burdened. $880,000 in assessment income. Income immediately preceding § 958.328 Marketing orders issued pursuant to the derived from handler assessments, along Handling regulation. Act, and the rules issued thereunder, are with funds from interest income and the Pursuant to 5 U.S.C. 553, it is also unique in that they are brought about Committee’s authorized reserve, will be found and determined that good cause through group action of essentially adequate to cover budgeted expenses. exists for not postponing the effective small entities acting on their own Funds in the reserve will be kept within date of this rule until 30 days after behalf. Thus, both statutes have small the maximum permitted by the order. publication in the Federal Register entity orientation and compatibility. An interim final rule regarding this because: (1) The Committee needs to There are approximately 550 action was published in the May 31, have sufficient funds to pay its expenses producers of Idaho-Eastern Oregon 1996, issue of the Federal Register (61 which are incurred on a continuous Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43417 basis; (2) the 1996–97 fiscal period introduction of vesicular stomatitis into stating, among other things, that the began on July 1, 1996, and the the United States. animals were inspected prior to marketing order requires that the rate of EFFECTIVE DATE: September 23, 1996. importation and were found free of assessment for each fiscal period apply FOR FURTHER INFORMATION CONTACT: Dr. evidence of communicable disease and, to all assessable potatoes handled Gary Colgrove, Chief Staff Veterinarian, insofar as could be determined, during such fiscal period; (3) handlers National Center for Import and Export, exposure to communicable disease are aware of this action which was VS, APHIS, 4700 River Road Unit 38, within the 60 days preceding unanimously recommended by the Riverdale, MD 20737–1231, (301) 734– importation. The regulations further Committee at a public meeting and is 3276. require that horses, swine, and similar to other assessment rate actions ruminants presented for entry into the issued in past years; and (4) an interim SUPPLEMENTARY INFORMATION: United States be inspected again at the final rule was published on this action Background port of entry and found free of evidence and provided for a 30-day comment of communicable disease and exposure The regulations in 9 CFR part 92 period, and no comments were received. to communicable disease. With certain (referred to below as ‘‘the regulations’’) exceptions, these animals must then List of Subjects in 7 CFR Part 958 govern the importation into the United undergo quarantine in the United States Marketing agreements, Onions, States of specified animals, including before being released. In most cases, Reporting and recordkeeping horses, to prevent the introduction of these restrictions are sufficient to ensure requirements. various animal diseases into the United that an animal infected with vesicular States. Accordingly, the interim final rule stomatitis would not be added to U.S. Under § 92.314, horses imported into herds. However, the possibility exists amending 7 CFR part 958 which was the United States must be accompanied published at 61 FR 27250 on May 31, that an animal could be exposed to by a health certificate. The health vesicular stomatitis prior to importation, 1996, is adopted as a final rule with the certificate must contain certain following change: unbeknownst to the veterinarian signing information to ensure that the horses the required certificate, and that the intended for importation into the United PART 958ÐONIONS GROWN IN animal could arrive in the United States States are free from communicable CERTAIN DESIGNATED COUNTIES IN before showing any symptoms of the diseases. Among other things, the health IDAHO, AND MALHEUR COUNTY, disease. If quarantine were not required, certificate must state that no cases of OREGON as in the case of certain ruminants from certain communicable diseases, Canada and Mexico, or if the required 1. The authority citation for 7 CFR including African horse-sickness, quarantine period were short, as it is for part 958 continues to read as follows: dourine, glanders, surra, epizootic most horses, the animal could be Authority: 7 U.S.C. 601–674. lymphangitis, ulcerative lymphangitis, released even though it was incubating equine piroplasmosis, Venezuelan the disease. 2. Part 958 is amended by adding a equine encephalomyelitis, and equine Swine, cattle, and other ruminants new subpart heading immediately infectious anemia, have occured on the imported into the United States are preceding § 958.328 to read as follows: horses’ premises of origin, or an imported primarily for slaughter, with a Note: This subpart heading will appear in adjoining premises, in the 60 days much smaller number imported for the Code of Federal Regulations. preceding the horses’ importation into breeding. The slaughter animals are the United States. either consigned directly to slaughter or SubpartÐHandling Regulations On April 1, 1996, we published in the are consigned to pastures or feedlots for Federal Register (61 FR 14268–14269, Dated: August 16, 1996. finish feeding prior to slaughter. Most Docket No. 95–079–1) a proposal to Robert C. Keeney, breeding animals are integrated into amend the regulations by adding U.S. herds. Director, Fruit and Vegetable Division. vesicular stomatitis to the list of While a small number of horses are [FR Doc. 96–21492 Filed 8–22–96; 8:45 am] diseases from which a horse’s premises imported for slaughter or breeding, most BILLING CODE 3410±02±P of origin and adjoining premises must are imported for exhibition or racing, be free before the horse may be and they are shipped to multiple imported into the United States. locations in the United States, where Animal and Plant Health Inspection We solicited comments concerning they have contact with other horses Service our proposal for 60 days ending May 31, which are also shipped to multiple 1996. We received four comments by 9 CFR Part 92 locations within the United States. As that date. They were from such, imported horses present a representatives of industry, a researcher, relatively high risk, compared to other [Docket No. 95±079±2] and a veterinary association. One imported livestock, of spreading Importation of Horses commenter supported the proposed vesicular stomatitis if they are rule. The three other commenters had incubating the disease when they arrive AGENCY: Animal and Plant Health concerns about limiting the proposed in the United States. For this reason, our Inspection Service, USDA. restrictions to the importation of horses. regulations address horses, not other ACTION: Final rule. All three of these commenters requested susceptible livestock. We continue to that we extend our proposed restrictions believe that the existing regulations for SUMMARY: We are amending the horse to the importation of all species other livestock are sufficient to ensure importation regulations to add vesicular susceptible to vesicular stomatitis, that these animals do not present a stomatitis to the list of diseases from including cattle, swine, sheep, and significant risk of spreading vesicular which a premises, and adjoining llamas. stomatitis to U.S. herds. Therefore, we premises, must be free before a horse With few exceptions, the regulations are making no change based on these from that premises may be imported require that horses, swine, and comments. into the United States. This action ruminants imported into the United Therefore, based on the rationale set appears necessary to prevent the States be accompanied by a certificate forth in the proposed rule and in this 43418 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations document, we are adopting the before parties may file suit in court Regulations in order to delete outmoded provisions of the proposal as a final rule challenging this rule. terms and otherwise update and clarify without change. the regulations. The revisions are minor Paperwork Reduction Act and technical in nature. Executive Order 12866 and Regulatory This rule contains no new Flexibility Act EFFECTIVE DATE: August 23, 1996. information collection or recordkeeping FOR FURTHER INFORMATION CONTACT: This final rule has been reviewed requirements under the Paperwork Dianne M. Salva, Senior Attorney, under Executive Order 12866. The rule Reduction Act of 1995 (44 U.S.C. 3501 Office of the Executive Secretary, (202) has been determined to be not et seq.). 898–3819; Richard White, Attorney, significant for the purposes of Executive Office of the Executive Secretary, (202) Order 12866 and, therefore, has not List of Subjects in 9 CFR Part 92 898–7247; Michelle Borzillo, Counsel, been reviewed by the Office of Animal diseases, Imports, Livestock, Legal Division, (202) 898–7400, Karen L. Management and Budget. Poultry and poultry products, Main, Senior Attorney, Legal Division, We are amending the regulations by Quarantine, Reporting and (202) 898–8838, Federal Deposit adding vesicular stomatitis to the list of recordkeeping requirements. diseases from which a horse’s premises Insurance Corporation, 550 17th Street, Accordingly, 9 CFR part 92 is NW., Washington, DC. 20429. of origin and adjoining premises must amended as follows: be free before the horse may be SUPPLEMENTARY INFORMATION: imported into the United States. PART 92ÐIMPORTATION OF CERTAIN I. Discussion Vesicular stomatitis is recognized ANIMALS AND POULTRY AND internationally as a serious disease of CERTAIN ANIMAL AND POULTRY Part 310 of the FDIC’s Rules and horses, cattle, swine, and llamas. PRODUCTS; INSPECTION AND OTHER Regulations implements the Privacy Act Animals that are infected with vesicular REQUIREMENTS FOR CERTAIN of 1974, 5 U.S.C. 552a. The Privacy Act stomatitis develop lesions in the mouth MEANS OF CONVEYANCE AND is a records management statute and on the dental pad, tongue, lips, SHIPPING CONTAINERS THEREON designed to balance the government’s nostrils, hooves, and teats. These lesions need to maintain information about swell and break, exposing raw tissue. 1. The authority citation for part 92 individuals with the rights of This raw tissue is so painful for the continues to read as follows: individuals to be protected against infected animals that they often refuse Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; unwarranted invasions of their privacy to eat and show signs of lameness. 21 U.S.C. 102–105, 111, 114a, 134a, 134b, stemming from federal agencies’ Substantial weight loss normally 134c, 134d, 134f, 135, 136, and 136a; 31 collection, maintenance, use, and follows. As a result of infection, dairy U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d). disclosure of personal information about them. cows often develop mastitis, infection of § 92.314 [Amended] the udder, and many go dry. Consistent with the Privacy Act, part 2. In § 92.314, the first sentence is Many countries that import U.S. 310 provides a means by which amended by adding ‘‘vesicular livestock and animal products could individuals may obtain non-exempt stomatitis,’’ immediately following refuse to import such products from the FDIC records indexed under their name. ‘‘Venezuelan equine United States if vesicular stomatitis It also permits the amendment of encephalomyelitis,’’. were allowed to spread across the inaccurate records and places United States. Currently, no premises in Done in Washington, DC, this 20th day of restrictions on the release of covered the United States are under quarantine August 1996. information within and outside the because of vesicular stomatitis, but as A. Strating, FDIC. recently as the summer of 1995, several Acting Administrator, Animal and Plant The FDIC’s Privacy Act Regulations premises in four Western States were Health Inspection Service. were reviewed in accordance with the under quarantine because of vesicular [FR Doc. 96–21557 Filed 8–22–96; 8:45 am] requirements of section 303 of the stomatitis. This rule will help prevent BILLING CODE 3410±34±P RCDRIA and the FDIC’s ongoing future outbreaks of this disease. Regulatory Review Program. As a result This rule will involve no additional of this review, the FDIC is amending costs for U.S. horse importers, large or FEDERAL DEPOSIT INSURANCE Part 310 through this final rule in order small. Additionally, we do not expect CORPORATION to delete outmoded terms and otherwise this rule to affect the availability of update and clarify the regulations. horses for importation to the United 12 CFR Part 310 The revisions are minor and technical in nature. More specifically, the final States. Restrictions will only be placed RIN 3064±AB80 on horses from specific premises. rule would (1) clarify the regulatory statement of purpose and scope; (2) Under these circumstances, the Privacy Act Regulations Administrator of the Animal and Plant replace references to the ‘‘Civil Service Health Inspection Service has AGENCY: Federal Deposit Insurance Commission’’ with ‘‘United States determined that this action will not Corporation. Office of Personnel Management’’; (3) have a significant economic impact on ACTION: Final rule. replace references to the ‘‘Records Unit’’ a substantial number of small entities. with ‘‘FOIA/PA Unit’’; (4) clarify that SUMMARY: The FDIC’s Privacy Act access to, or amendment of, Executive Order 12988 Regulations were reviewed in government-wide systems of records This rule has been reviewed under accordance with the requirements of shall be controlled by the regulations Executive Order 12988, Civil Justice section 303 of the Riegle Community and notices prescribed by the Reform. This rule: (1) Preempts all State Development and Regulatory sponsoring government agency; (5) and local laws and regulations that are Improvement Act of 1994 (RCDRIA) and conform part 310 to a court ruling inconsistent with this rule; (2) has no the FDIC’s ongoing Regulatory Review permitting the use of an unsworn retroactive effect; and (3) does not Program. As a result of this review, the declaration under penalty of perjury in require administrative proceedings FDIC is amending its Privacy Act lieu of a notarized certification to Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43419 establish identity,1 and further clarify The Board also finds that the 30-day Authority: 5 U.S.C. 552a. that personal identity may be delayed effective date required under 5 2. In Part 310 all references to established through documents U.S.C. 553(d), should be waived and ‘‘Records Unit’’ are revised to read typically used for identification that the amendments should become ‘‘FOIA/PA Unit’’. purposes; (6) conform part 310 to a effective upon publication. As noted 3. Section 310.1 is revised to read as court ruling providing that a requester above, the amendments remove obsolete follows: has a right to obtain non-exempt terms, make technical corrections and information pertaining to him or herself conform and clarify procedures for § 310.1 Purpose and scope. even if such records are medically obtaining non-exempt records. The The purpose of this part is to establish sensitive;2 (7) clarify that the amendments reduce public burden, are regulations implementing the Privacy restrictions on disclosure do not apply relatively minor, and the FDIC has no Act of 1974, 5 U.S.C. 552a. These to disclosures to a consumer reporting discretion with regard to their regulations delineate the procedures agency in accordance with 31 U.S.C. substance. The amendments are of such that an individual must follow in 3711(f); (8) move the text of § 310.10(c) a nature that the public does not need exercising his or her access or to § 310.9(d) for purposes of clarity and a delayed period of time in which to amendment rights under the Privacy Act re-number the remaining paragraphs; conform or adjust to the amendments. to records maintained by the and (9) waive the imposition of fees Thus, the Board finds that there exists Corporation in systems of records. when duplication costs are less than $10 good cause for not delaying the effective 4. Section 310.3(a) is revised to read (up from $2). date of these amendments. as follows: With regard to the minimum billing Consequently, the final rule will be § 310.3 Procedures for requests pertaining amount, section 552a(f) of the Privacy effective upon publication in the to individual records in a system of records. Act requires agencies to promulgate Federal Register. (a) Any present or former employee of rules establishing fees to be charged to Section 302 of the RCDRIA, 12 U.S.C. the Corporation seeking access to, or any individual for making copies of his 4802(b), requires that all new amendment of, his/her official or her records. The change to part 310 regulations and amendments to personnel records maintained by the regarding the minimum billing amount regulations prescribed by a Federal Corporation shall submit his/her request conforms part 310 to the changes made banking agency which impose in such manner as is prescribed by the to the minimum billing provision additional reporting, disclosure, or other United States Office of Personnel contained in 12 CFR part 309. These new requirements on insured depository Management in part 297 of its rules and changes were based on the calculation, institutions shall take effect on the first regulations (5 CFR part 297). For access made by the FDIC Division of Finance, day of a calendar quarter. This final rule to, or amendment of, other government- of the Corporation’s costs to process the does not impose additional reporting, wide records systems maintained by the receipt of a payment. disclosure, or other new requirements Corporation, the procedures prescribed As a result of these amendments, the on insured depository institutions, in the respective Federal Register FDIC’s Privacy Act Regulations provide however. Consequently, the Board has Privacy Act system notice shall be a more streamlined and efficient process determined that section 302 of the followed. RCDRIA does not apply and that this under which individuals may obtain * * * * * information from the Corporation, thus final rule should become effective upon meeting the goals of section 303 of the publication. § 310.4 [Amended] RCDRIA. III. Matters of Regulatory Procedure 5. Section 310.4 is amended by revising paragraphs (b) and (c) to read II. Public Comment Waiver and Regulatory Flexibility Act as follows: Effective Date Because no general notice of proposed * * * * * The amendments remove obsolete rulemaking was published prior to this (b) Individuals appearing in person at terms, make technical corrections and final rule, the requirements of Chapter the Corporation seeking access to or conform and clarify procedures for 6 of Title 5 of the United States Code for amendment of their records shall obtaining non-exempt records. Public an initial and final regulatory flexibility present two forms of reasonable comment on these changes is analysis do not apply, 5 U.S.C. 601(2). identification, such as employment unnecessary and contrary to the public Paperwork Reduction Act identification cards, driver’s licenses, or interest because the proposed changes other identification cards or documents reduce public burden, are relatively No collections of information typically used for identification minor, and the FDIC has no discretion pursuant to section 3504(h) of the purposes. with regard to their substance. Thus, the Paperwork Reduction Act (44 U.S.C. (c) Except for records that must be Board has found that there exists good 3501 et seq.) are contained in this publicly disclosed pursuant to the cause for not following the provisions of notice. Consequently, no information Freedom of Information Act, 5 U.S.C. 5 U.S.C. 553(b) relating to notice and has been submitted to the Office of 552, where the Corporation determines public participation in connection with Management and Budget. it to be necessary for the individual’s the adoption of these amendments. List of Subjects in 12 CFR Part 310 protection, a certification of a duly commissioned notary public, of any Alternatively, the Board finds that the Banks, banking, Credit, Privacy. provisions of 5 U.S.C. 553(b) relating to state or territory, attesting to the For the reasons set forth above, 12 notice and public participation do not requesting individual’s identity, or an CFR part 310 is amended as set forth apply in connection with the adoption unsworn declaration subscribed to as below: of these amendments because part 310 true under the penalty of perjury under is a procedural rule. PART 310ÐPRIVACY ACT the laws of the United States of REGULATIONS America, at the election of the 1 Summers v. DOJ, 999 F. 2d 570 (D.C. Cir. 1993). individual, may be required before a 2 Benavides v. Bureau of Prisons, 995 F.2d 269 1. The authority citation for part 310 written request seeking access to or (D.C. Cir. 1993). continues to read as follows: amendment of a record will be honored. 43420 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

The Corporation may also require that (12) To a consumer reporting agency requirements contained in this final rule individuals provide minimal identifying in accordance with section 3711(f) of should be sent to Dr. Andrew A. data such as full name, date and place Title 31. Rosenberg, Regional Director, 1 of birth, or other personal information * * * * * Blackburn Drive, Gloucester, MA 01930 necessary to ensure proper identity and the Office of Information and before processing requests for records. § 310.11 [Amended] Regulatory Affairs, Office of 9. Section 310.11(b) is amended by Management and Budget (OMB), § 310.6 [Amended] removing ‘‘$2’’ and adding in its place Washington, DC, 20503 (Attention: 6. Section 310.6 is amended by ‘‘$10’’. NOAA Desk Officer). FOR FURTHER INFORMATION CONTACT: adding the phrase ‘‘for release to the § 310.13 [Amended] patient’’ at the end of the second Regina L. Spallone, Fishery Policy sentence. 10. Section 310.13 is amended by Analyst, 508–281–9221. removing ‘‘§ 310.10(d)(2)’’ each place it 7. In § 310.9, paragraph (d) is appears and adding in its place SUPPLEMENTARY INFORMATION: redesignated as paragraph (e) and a new ‘‘§ 310.10(c)(2)’’. Background paragraph (d) is added to read as follows: By order of the Board of Directors. This final rule implements approved Dated at Washington, DC, this 13th day of measures contained in Amendment 8 to § 310.9 Appeal of adverse initial agency August, 1996. the FMP, which was approved by NMFS determination on access or amendment. Federal Deposit Insurance Corporation. on behalf of the Secretary of Commerce * * * * * Jerry L. Langley, (Secretary) on July 29, 1996. (d) Any statement of disagreement Executive Secretary. Amendment 8 was prepared by the Mid- with the Corporation’s refusal to amend, [FR Doc. 96–21545 Filed 8–22–96; 8:45 am] Atlantic Fishery Management Council filed with the Corporation by an BILLING CODE 6714±01±P (Council) in consultation with the individual pursuant to § 310.9(c), will Atlantic States Marine Fisheries be included in the disclosure of any Commission (ASMFC) and the New records under the authority of DEPARTMENT OF COMMERCE England and South Atlantic Fishery § 310.10(b). The Corporation may in its Management Councils. Background discretion also include a copy of a National Oceanic and Atmospheric concerning the development of concise statement of its reasons for not Administration Amendment 8 was provided in the making the requested amendment. notice of proposed rulemaking (61 FR 15 CFR Part 902 27851, June 3, 1996), and is not repeated * * * * * 50 CFR Part 648 here. Amendment 8 revises the summer 8. Section 310.10 is amended by flounder (Paralichthys dentatus) FMP to revising paragraphs (b)(6) and (b)(10); [Docket No. 960520141±6221±02; I.D. include management measures for the adding a new paragraph (b)(12); 042696A] scup (Stenotomus chrysops) fishery removing paragraph (c); redesignating RIN 0648±AH05 pursuant to the Magnuson Fishery paragraphs (d) and (e) as paragraphs (c) Conservation and Management Act, as and (d), respectively; amending newly Fisheries of the Northeastern United amended (Magnuson Act). The designated paragraph (c) by removing States; Summer Flounder and Scup management unit for the scup fishery ‘‘paragraphs (b)(3) through (b)(11)’’ and Fisheries; Amendment 8 covered by this amendment is U.S. adding in its place ‘‘paragraphs (b)(3) waters of the western Atlantic Ocean AGENCY: National Marine Fisheries through (b)(12)’’; and amending newly from 35°15.3′ N. lat., the latitude of Service (NMFS), National Oceanic and desinated paragraph (d) by removing Cape Hatteras Light, NC, northward to Atmospheric Administration (NOAA), ‘‘paragraph (d)(1)’’ and adding in its the United States-Canada border. place ‘‘paragraph (c)(1)’’ as follows: Commerce. NMFS, on behalf of the Secretary, ACTION: Final rule. disapproved six measures proposed in § 310.10 Disclosure of record to person Amendment 8 upon preliminary other than the individual to whom it SUMMARY: NMFS issues this final rule to evaluation of the amendment as pertains. implement the approved provisions of authorized by section 304(a)(1)(A)(ii) of * * * * * Amendment 8 to the Fishery the Magnuson Act. A revision of three Management Plan (FMP) for the (b) * * * of those disapproved measures was Summer Flounder and Scup Fisheries. submitted by the Council (referred to as (6) To the National Archives and Amendment 8 implements management the revised portion of Amendment 8). A Records Administration as a record measures for the scup fishery in order notice of availability of the revised which has sufficient historical or other to reduce fishing mortality and to allow portion of Amendment 8 was published value to warrant its continued the stock to rebuild. preservation by the United States on August 6, 1996 (61 FR 40180), and EFFECTIVE DATE: Government, or for evaluation by the September 23, 1996. the proposed rule to implement the Archivist of the United States or his or ADDRESSES: Copies of Amendment 8, revised portion of Amendment 8 will be her designee to determine whether the the final environmental impact published shortly. A decision on record has such value; statement (FEIS), the regulatory impact approval or disapproval of the revised review, and other supporting documents * * * * * portion of Amendment 8 is pending. are available upon request from David This rule implements measures in (10) To the Comptroller General, or R. Keifer, Executive Director, Mid- Amendment 8 that are expected to any of his or her authorized Atlantic Fishery Management Council, reduce the fishing mortality rate for representatives, in the course of the Room 2115, Federal Building, 300 South scup and allow the stock to rebuild. The performance of the duties of the General New Street, Dover, DE 19901–6790. proposed rule for this action would Accounting Office; Comments regarding burden-hour have amended 50 CFR part 625, at that * * * * * estimates for collection-of-information time the regulations implementing the Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43421

Fishery Management Plan for the percent to the commercial fishery, via a national standards or other applicable Summer Flounder Fishery. However, as coastwide commercial quota, and 22 law. The current quota strategy in part of the President’s Regulatory percent to the recreational fishery, via a Amendment 8 has been determined to Reinvention Initiative, regulations recreational harvest limit. The be consistent with the national implementing all fishery management coastwide harvest limit will be set standards of the Magnuson Act, and plans for the marine fisheries of the annually following the annual review other applicable law. Further, to Northeast region were consolidated into process set forth in this rule. postpone the implementation of the one CFR part, 50 CFR part 648, The Council and the ASMFC may, in quota, and hence to implement a FMP published July 3, 1996 (61 FR 34966). the future, alter the system to distribute without any mechanism in place by Therefore, this rule implements final and manage the annual commercial which to reduce overfishing or reach the scup measures by amending 50 CFR part quota. Coastwide, regional, and state-by- exploitation rate goals established in the 648. state quotas may be considered in FMP, would raise serious questions combination with different fractions of with this FMP’s compliance with Incorporation of Emergency Measures the fishing year. national standard 1. Despite the Into the Final Rule Comments and Responses concerns that MADMF has raised, the On March 27, 1996 (61 FR 13452), scup stock is in serious need of NMFS published an emergency rule that Written comments from the management at this time, and the imposed management measures for Commonwealth of Massachusetts, coastwide quota is one of the primary scup, effective through June 25, 1996, Division of Marine Fisheries (MADMF), mechanisms by which that management and, subsequently, extended through U.S. Coast Guard (USCG), Council, and will be achieved. September 23, 1996 (61 FR 33382, June the U.S. Small Business Administration, Comment: MADMF questioned how 27, 1996). The emergency rule Office of Advocacy (SBA), and one NMFS would enforce a quota since state established minimum fish sizes for both member of the public, were received waters would be open to commercial the commercial and recreational during the public comment period. fishing, and most scup harvesters in the fisheries, and a minimum codend mesh Comment: MADMF commented that state do not have federally permitted size for commercial fishing vessels the amendment lacks restrictions such vessels. possessing more than the threshold as trip limits to slow the catch, and Response: The FMP is a joint plan level of scup on board in the exclusive questioned whether the quota strategy authored by both the Council and economic zone (EEZ). This final rule complies with national standard 4 of the ASMFC. As a joint plan, it is expected implements permanently those Magnuson Act. MADMF believes that that states will assist in the measures that were contained in both this strategy could result in the entire implementation of the management the emergency rule and the proposed EEZ’s being closed to the harvest of strategy by enforcing closures of the rule for Amendment 8. scup by April, precluding the state waters scup fishery when the quota Massachusetts inshore scup fishery from is harvested. If states do not do that, the Amendment 8 Measures being prosecuted. MADMF also stock rebuilding strategy will be This final rule implements a commented that, although the Council severely compromised. While some moratorium on new entrants into the currently contemplates drafting a harvesters fish exclusively in state commercial scup fishery, implements regulatory amendment to revise the waters, those who intend to fish for restrictions on the size of vessels quota management system, it will not be scup in the EEZ north of 35°15.3′ N. lat. allowed as a replacement for a implemented in time for setting the will, as a result of the implementation moratorium eligible vessel, requires 1997 quota. of this rule, be required to obtain a charter/party vessel, dealer, and Response: NMFS recognizes that no Federal moratorium permit in 1997. As operator permits, and establishes mechanism exists in the current rule to a condition of that permit, they must reporting and recordkeeping establish trip limits to regulate further agree that the vessel and its fishing requirements. This rule also implements the scup catch in 1997 under a activity, catch and pertinent gear the following measures, which may be coastwide quota system. However, (without regard to whether such fishing adjusted annually through the review provisions do exist in this rule that will occurs in the EEZ or landward of the process specified in Amendment 8: control fishing (e.g., season and area EEZ and without regard to where such Minimum fish sizes; a minimum mesh closures). Restrictions on gear, and fish or gear are possessed, taken, or size for otter trawl vessels possessing a season and area closures are measures landed) are subject to all the specified threshold catch level, which is that the Council may adopt during the requirements of that permit, unless initially specified at 4,000 lb or more annual review process. The Council is specifically exempted. Further, owners (1,814 kg or more) of scup; a maximum aware of the time frame necessary to or operators of vessels issued a Federal roller size; pot and trap gear implement any changes to the quota moratorium scup permit also must requirements; and a requirement that system. Although time is short, a agree, as a condition of that permit, not scup pots and traps have hinges and revision could still be in effect by to land scup after the effective date of fasteners on one panel or door made of January 1, 1997, if the Council and the the notification published in the degradable materials. Gear-specific ASMFC are able to agree on an Federal Register stating that the seasonal and area closures, acceptable alternative to the coastwide commercial quota had been harvested. modifications to the recreational season, quota system. Comment: The USCG questioned possession limit, and minimum size Comment: MADMF recommended NMFS’ disapproval of the provision may also be implemented if the Council that NMFS postpone a decision on the requiring boxing at sea. The USCG deems them necessary in its annual quota management approach until noted that the exact weight is almost review process. A coastwide harvest details are finalized. impossible to determine at sea; boxing limit will be specified in the second Response: NMFS, on behalf of the the catch, allows a relatively accurate year of the FMP at a level that will Secretary, may only approve or catch estimate to be made. The lack of reduce the exploitation rate to the level disapprove measures included in a a boxing requirement also presents specified in the rebuilding schedule. proposed amendment. Disapproval must problems for fishing vessels with a This harvest limit will be allocated 78 be based upon inconsistency with the refrigerated sea water (RSW) hold, as the 43422 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

USCG cannot verify the amount of fish that minimum mesh apply throughout landed. If the costs of new gear forced on board a vessel using such a system. the net. these harvesters to forego all of their Response: The provision that would Comment: The Council submitted a scup landings, NMFS believe that it is have required fishing vessels using comment to clarify the language in the unlikely that the impact on their gross small mesh to box scup catches of less proposed rule regarding ‘‘equivalent’’ revenues would exceed 5 percent for than 4,000 lb (1,814 kg) in standard 100- rectangular escape vents in scup pots. more than a few individuals. In lb (45.4-kg) totes to facilitate ‘‘Equivalent’’ the comment reads, addition, because the minimum mesh enforcement of the mesh provisions was ‘‘refers to the size of the scup that would requirement is not triggered until a disapproved during a preliminary be retained by a rectangular vent * ** harvester reaches the threshold catch review of Amendment 8. A vessel could An equivalent rectangular vent would level (4,000 lbs) (1,814 kg), even entities have been required to have up to 40 of allow the same size scup (i.e., less than that are unable to purchase a codend of these containers on board. Boxing and 9.0′′) to escape from the trap.’’ the required mesh size would not be storing up to 40 totes could prove Response: As no studies have been required to forego all of their scup catch. infeasible for small vessels. As there is done with regard to the width of a NMFS also notes that at some time or nothing in the administrative record scup’s body, and consequently no data another, harvesters must replace regarding the impact of this measure on exist to sufficiently calculate codends and rollers as a routine cost of the industry, this measure was appropriate equivalent rectangular vents doing business, so not all of the costs disapproved as being arbitrary and (square vents require only the height of should be attributed to the gear capricious, and, therefore, in violation the scup to calculate), NMFS interprets requirements. of the Administrative Procedure Act this to mean that rectangular vents may Comment: One member of the public (APA). not have sides less than the side commented that in his opinion the NMFS recognizes the USCG’s desire specified by the Council for a square minimum mesh size of 4 inches (10.2 to enhance the enforcement of the vent, i.e., less than 2.25 inches (5.7 cm). cm) for trawl gear is incompatible with Comment: The SBA questioned the minimum mesh requirement. The the commercial minimum fish size of 9 adequacy of the certification that this regulations that require a vessel inches (22.9 cm). He states that the rule will not have a significant impact minimum mesh size should be larger to possessing less than the threshold level on a substantial number of small of scup on board to have the scup stored prevent discards of sublegal fish. entities, especially in light of the fact Response: The Council adopted the 4 separately and kept readily available for that the Council’s Amendment 8 had inch (10.2 cm) codend mesh size inspection, will aid at-sea enforcement concluded that, because of the cost of restriction based on industry comments of the measure. some participants in this fishery of stating that the mesh was the Comment: The USCG stated their purchasing new roller gear or codends appropriate size for a 9 inch (22.9 cm) preference for one mesh on board and to comply with the proposed scup. NMFS has approved the mesh for mesh size restrictions to be effective regulations, a substantial number of size, which has been in effect for the throughout the net. The USCG noted small entities would be impacted, some fishery under emergency regulations that requiring a minimum mesh size significantly. since March 22, 1996. If information is throughout the entire net eliminates the Response: Contrary to the initial brought forth to indicate that it is practice of choking off the codend and determination of the Council, this rule warranted, the minimum mesh size, and fishing with the smaller, legal mesh will not have a significant economic other gear restrictions, can be modified forward of the codend. impact on a substantial number of small through the Council’s annual review Response: NMFS recognizes that the entities. As the Council indicated, process. inclusion of a multiple mesh on board compliance with this rule may reduce provision increases the difficulty of gross revenues by more than 5 percent Changes From the Proposed Rule enforcing the mesh restrictions. for some small entity participants, or This final rule implements the However, the minimum fish size will increase operating costs by more than 5 provisions of Amendment 8 by significantly decrease the incentive to percent for some small entity amending 50 CFR part 648, Fisheries of circumvent mesh restrictions. Further, participants who have to purchase new the Northeastern United States. The prohibiting vessels from carrying gear (rollers, $1,200–1,500; codends, proposed rule would have amended 50 multiple mesh nets would preclude $700). However, based on the analysis CFR part 625, the Summer Flounder them from fishing lawfully in the in the amendment, NMFS believes that Fishery, which as part of the President’s traditional mixed trawl fisheries in this a substantial number of small entities Regulatory Reinvention Initiative was area. Multiple mesh nets on board is will not be impacted. Amendment 8 consolidated into part 648. As a result currently authorized in all of the mixed presents data demonstrating that the of this regulatory consolidation, and to trawl fisheries in the Southern New participants in this fishery rely on a clarify the intent of this rule, the final England/Mid-Atlantic area for this mixed species fishery involving squid, rule does not use the same regulatory reason. summer flounder, Atlantic mackerel, language as the proposed rule, but the To address the concerns raised by the silver hake and other species in addition measures are substantively the same. In USCG, the Council and Commission to scup. When compared to the other some cases, fisheries other than scup have committed to reevaluating the species, scup is a relatively low-value managed under part 648 may be codend mesh requirements. This final species for participants in the mixed referenced in the regulatory language. rule includes a provision that would trawl fishery. The amendment presents The regulations governing these other allow the Scup Monitoring Committee data showing that 82 percent of the scup fisheries have not been amended here, to, each year, determine the allowable harvested in the period 1983–92 were and their mention in the regulatory levels of fishing and other restrictions landed in the States of Rhode Island, language is merely to reduce confusion necessary to achieve the exploitation New Jersey and New York, with scup for the reader. In addition, regulatory rates specified in the rebuilding landings in those states representing text concerning the maximum size of schedule. This provision would allow only 2.0 percent, 2.3 percent, and 2.1 otter trawl roller gear, which was for changes in the minimum mesh percent, respectively, of the total inadvertently omitted from the requirements, including the requirement commercial value of all other species proposed rule, is added (the proposed Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43423 rule contained a prohibition and a were made to the text of this section to 3. Vessel/party/charter boat logbooks discussion on roller gear in the clarify the process and to reflect more (5 minutes per response) under OMB # preamble). The changes from the accurately the Council’s intent. 0648–0212. proposed rule are as follows: Section 625.56 was consolidated with 4. Dealer reporting responses (2 Section 625.31 was consolidated with § 648.11, revising paragraphs (a) and (e) minutes per response) under OMB # § 648.1(a) to add ‘‘scup’’ to the Fishery to include sea sampler/observer 0648–0229. Management Plan for the Summer coverage in the scup fishery. Flounder Fishery as ‘‘the summer Section 625.57 was consolidated with The estimated response times include flounder and scup fishery (Summer § 648.12 and revised to include the time needed for reviewing Flounder and Scup FMP)’’. experimental exemptions in the scup instructions, searching existing data Section 625.32 was consolidated with fishery under subpart H. sources, gathering and maintaining the § 648.2, which already included most of Section 625.58 was added in subpart data needed, and completing and the required definitions. ‘‘Scup H as § 648.126. reviewing the collection-of-information. Monitoring Committee,’’ and ‘‘Total Under NOAA Administrative Order Send comments regarding burden Length,’’ were added, and the definition 205–11, 7.01, dated December 17, 1990, estimates, or any other aspect of these of ‘‘Council’’ was revised. the Under Secretary for Oceans and data collections, including suggestions Section 625.33 is already included in Atmosphere has delegated authority to for reducing the burden, to NMFS and § 648.3. sign material for publication in the OMB (see ADDRESSES). Section 625.34 was consolidated with Federal Register to the Assistant A reinitiation of a section 7 § 648.4 to include vessel permit Administrator for Fisheries, NOAA. consultation under the Endangered requirements for scup. Section 625.35 was consolidated with Classification Species Act was completed on February 29, 1996, on the summer flounder, scup, § 648.5, to add operators of scup vessels The Director, Northeast Region, to the list of fisheries in paragraph (a) and black sea bass fisheries. The NMFS, determined that Amendment 8 opinion concludes that the effects of the requiring such permits. is necessary for the conservation and Section 625.36 was consolidated with three fisheries, along with associated management of the scup fishery and that NMFS management actions, may § 648.6, to add dealers/processors of it is consistent with the Magnuson Act scup to the list of fisheries in paragraph adversely affect listed or proposed and other applicable law. species, but are not likely to jeopardize (a) requiring such permits. The Council prepared an FEIS for their continued existence and will not Section 625.37 was consolidated with Amendment 8; a notice of availability result in the destruction or adverse § 648.7, to include recordkeeping and was published on June 7, 1996 (61 FR modification of designated critical reporting requirements for fishing 29094). The Assistant Administrator for habitat. vessels and dealer/processors in the Fisheries, NOAA (AA) determined, scup fishery. upon review of the FEIS and public The Assistant General Counsel for Section 625.38 is already included in comments, that the rule is Legislation and Regulation of the § 648.8. environmentally preferable to the status Department of Commerce certified to Section 625.39 was consolidated with quo. This rule would reduce the Chief Counsel for Advocacy of the § 648.14 to include prohibitions for the exploitation, increase long-term yields, Small Business Administration, that this scup fishery by revising paragraph (a) to and thus reduce the risk of stock rule would not have a significant add paragraphs (80) through (88); (k) to collapse for the scup fishery. economic impact on a substantial add paragraphs (1) through (11); and (l) This rule has been determined to be number of small entities. As a result, a to add paragraphs (1) through (4); and not significant for purposes of E.O. Regulatory Flexibility Analysis was not by adding paragraph (u)(6). prepared. Compliance with Amendment Sections 625.40 and 625.41 are 12866. Notwithstanding any other provision 8, as indicated by the Council, may already included in §§ 648.15 and of law, no person is required to respond reduce gross revenues by more than 5 648.16, respectively. Section 625.50 was added to subpart to nor shall a person be subject to a percent, or increase operating costs by H as § 648.120. penalty for failure to comply with a more than 5 percent for some small Section 625.51 was added to subpart collection of information subject to the entities who have to purchase new gear H as § 648.121. Non-substantive changes requirements of the Paperwork (rollers or codends). However, based on were made to the text of this section to Reduction Act (PRA) unless that an analysis of Amendment 8, it is clarify the process and to reflect more collection of information displays a unlikely that these purchases would be accurately the Council’s intent. currently valid OMB control number. required by more than 20 percent of the Section 625.52 was added to subpart This rule contains new collection-of- small entities, specifically, otter trawl H as § 648.122. Non-substantive changes information requirements subject to the vessels, engaged in this fishery. were made to the text of this section to PRA. These collection-of-information Additionally, harvesters must replace clarify the process and to reflect more requirements have been approved by codends and rollers as a routine cost of accurately the Council’s intent. OMB, and the OMB control numbers doing business, so not all costs can be Section 625.53 was added to subpart and public reporting burden are listed attributed to the gear requirements. H as § 648.123. Non-substantive changes as follows: Thus, NMFS determined, despite the were made to the text of this section to 1. Dealer employment data (6 minutes initial determination of the Council, that clarify the process and to reflect more per response), under OMB # 0648–0018. this rule would not have a significant accurately the Council’s intent. 2. Operator permits, (1 hour per impact on a substantial number of small Section 625.54 was added to subpart response), vessel moratorium permits entities. H as § 648.124. Non-substantive changes (30 minutes per response), moratorium were made to the text of this section to permit appeals (30 minutes per List of Subjects clarify the process and to more response), party and charter boat 50 CFR Part 902 accurately reflect the Council’s intent. permits (30 minutes per response), Section 625.55 was added to subpart dealer/processor permits (5 minutes per Reporting and recordkeeping H as § 648.125. Non-substantive changes response), under OMB # 0648–0202. requirements. 43424 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

50 CFR Part 648 FMP); the Northeast multispecies (1) The vessel landed and sold scup Fisheries, Fishing, Reporting and fishery (NE Multispecies FMP); and the between January 26, 1988, and January recordkeeping requirements. summer flounder and scup fisheries 26, 1993; or (Summer Flounder and Scup FMP). (2) The vessel is replacing such a Dated: August 19, 1996. These FMPs and the regulations in this vessel and meets the requirements of C. Karnella, part govern the conservation and paragraph (a)(3)(i)(C) of this section. Acting Program Management Officer, management of the above named (B) Application/renewal restrictions. National Marine Fisheries Service, National fisheries. (1) No one may apply for an initial scup Oceanic and Atmospheric Administration. * * * * * moratorium permit after August 25, For the reasons set out in the 5. In § 648.2, the definitions for ‘‘Scup 1997. preamble, 15 CFR chapter IX and 50 Monitoring Committee’’ and ‘‘Total (2) No one may apply for a scup CFR chapter VI are amended as follows: Length’’ are added, in alphabetical moratorium permit after the owner 15 CFR CHAPTER IX order, and the definition for ‘‘Council’’ retires the vessel from the fishery. is revised to read as follows: (C) Replacement vessels. See PART 902ÐNOAA INFORMATION paragraph (a)(3)(i)(C) of this section. COLLECTION REQUIREMENTS UNDER § 648.2 Definitions. (D) Appeal of denial of permit. (1) THE PAPERWORK REDUCTION ACT: * * * * * Any applicant denied a scup OMB CONTROL NUMBERS Council means the New England moratorium permit may appeal to the Fishery Management Council (NEFMC) Regional Director within 30 days of the 1. The authority citation for part 902 for the Atlantic sea scallop and the notice of denial. Any such appeal shall continues to read as follows: Northeast multispecies fisheries, or the be in writing. The only ground for Authority: 44 U.S.C. 3501 et seq. Mid-Atlantic Fishery Management appeal is that the Regional Director Council (MAFMC) for the Atlantic erred in concluding that the vessel did 2. In § 902.1, in paragraph (b), the mackerel, squid, and butterfish; the not meet the criteria in paragraph table, the following entries are added to Atlantic surf clam and ocean quahog; (a)(6)(i)(A)(1) of this section. The appeal read as follows: and the summer flounder and scup shall set forth the basis for the § 902.1 OMB control numbers assigned fisheries. applicant’s belief that the Regional pursuant to the Paperwork Reduction Act. * * * * * Director’s decision was made in error. * * * * * Scup Monitoring Committee means a (2) The appeal may be presented, at (b) * * * committee made up of staff the option of the applicant, at a hearing representative of the MAFMC, NEFMC, before an officer appointed by the CFR part section where Current OMB con- South Atlantic Fishery Management Regional Director. the information collec- trol number (all Council, the NMFS Northeast Regional (3) The hearing officer shall make a tion requirement is lo- numbers begin with recommendation to the Regional cated 0648±) Office, the NEFSC, and the Commission. The MAFMC Executive Director or a Director. designee chairs the committee. (4) The decision on the appeal by the ***** * * * * * Regional Director is the final decision of 50 CFR Total Length (TL) means the straight- the Department of Commerce. line distance from the tip of the snout (ii) Party and charter boat permit. ***** to the end of the tail (caudal fin) while Any party or charter boat is eligible for 648.4 ...... ±0202 the fish is lying on its side. a permit to fish for scup, other than a 648.5 ...... ±0202 scup moratorium permit, if it is carrying 648.6 ...... ±0202 * * * * * passengers for hire. Such vessel must 6. In § 648.4, paragraph (a)(6) is added 648.7 ...... ±0018, ±0202, observe the possession limits ±0212, and ±0229 and paragraph (b) is revised to read as established pursuant to, and the follows: ***** prohibitions on sale specified in, § 648.4 Vessel permits. § 648.125. 50 CFR CHAPTER VI (a) * * * (b) Permit conditions. Vessel owners (6) Scup vessels. Beginning on who apply for a fishing vessel permit PART 648ÐFISHERIES OF THE January 1, 1997, and subject to the under this section must agree as a NORTHEASTERN UNITED STATES eligibility requirements specified in condition of the permit that the vessel paragraphs (a)(6)(i) and (a)(6)(ii) of this and the vessel’s fishing activity, catch, 3. The authority citation for part 648 section, the owner of a vessel of the and pertinent gear (without regard to continues to read as follows: United States, including a party or whether such fishing occurs in the EEZ Authority: 16 U.S.C. 1801 et seq. charter vessel, must obtain a permit or landward of the EEZ, and without 4. In § 648.1, paragraph (a) is revised issued under this part to fish for or regard to where such fish or gear are to read as follows: retain scup for sale, barter or trade, in possessed, taken or landed), are subject or from the EEZ north of 35°15.3′ N. lat. to all requirements of this part, unless § 648.1 Purpose and scope. Any vessel, other than a party or charter exempted from such requirements (a) This part implements the fishery boat, that observes the possession limit under this part. All such fishing management plans (FMP) for the restrictions established pursuant to, and activities, catch, and gear will remain Atlantic mackerel, squid, and butterfish the prohibition on sale specified in, subject to all applicable state fisheries (Atlantic Mackerel, Squid, and § 648.125 is exempt from the permit requirements. Except as otherwise Butterfish FMP); Atlantic salmon requirement. provided in this part, if a requirement (Atlantic Salmon FMP); the Atlantic sea (i) Moratorium permit—(A) Eligibility. of this part and a management measure scallop fishery (Atlantic Sea Scallop A vessel is eligible for a moratorium required by a state or local law differ, FMP (Scallop FMP)); the Atlantic surf permit to fish for and retain scup for any vessel owner permitted to fish in clam and ocean quahog fisheries sale if it meets any of the following the EEZ for any species managed under (Atlantic Surf Clam and Ocean Quahog criteria: this part must comply with the more Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43425 restrictive requirement. Owners and possession a permit for such species multispecies, or, as of January 1, 1997, operators of vessels fishing under the issued under this section. As of January a moratorium permit for mackerel, terms of a summer flounder moratorium 1, 1997, all mackerel, squid, or squid, or butterfish, or scup, in which permit must also agree not to land butterfish dealers and all scup dealers case a fishing log report is required for summer flounder in any state after the must have been issued and have in their each trip regardless of species retained. Regional Director has published a possession a valid dealers permit for *** notification in the Federal Register those species. * * * * * stating that the commercial quota for * * * * * (f) * * * that state has been harvested, and that 9. In § 648.7, the first sentence in each (3) At-sea purchasers, receivers, or no commercial quota is available. A of paragraphs (a)(1)(i), (a)(2)(i), (b)(1)(i), processors. All persons purchasing, state not receiving an allocation of and (b)(1)(iii), and paragraph (f)(3) are receiving, or processing any summer summer flounder is deemed to have no revised to read as follows: flounder, or, as of January 1, 1997, commercial quota available. Owners mackerel, squid, or butterfish, or scup, and operators of vessels fishing under § 648.7 Recordkeeping and reporting at sea for landing at any port of the the terms of a scup moratorium permit requirements. United States must submit information must also agree not to land scup after (a) * * * identical to that required by paragraph the Regional Director has published a (1) * * * (a)(1) or (a)(2) of this section, as notification in the Federal Register (i) Summer flounder, scallop, NE applicable, and provide those reports to stating that the commercial quota has multispecies, and, as of January 1, 1997, the Regional Director or a designee on been harvested. Owners or operators mackerel, squid or butterfish, and scup the same frequency basis. fishing for surf clams and ocean dealers must provide: Name and mailing 10. In § 648.11, the first sentence of quahogs within waters under the address of dealer, dealer number, name paragraph (a), paragraph (e) jurisdiction of any state that requires and permit number of the vessels from introductory text, paragraphs (e)(1) and cage tags are not subject to any which fish are landed or received, dates (e)(2) are revised to read as follows: conflicting Federal minimum size or of purchases, pounds by species, price tagging requirements. If a surf clam and § 648.11 At-sea sea sampler/observer by species, and port landed. * ** coverage. ocean quahog requirement of this part * * * * * differs from a surf clam and ocean (a) The Regional Director may request (2) * * * any vessel holding a permit for sea quahog management measure required (i) Summer flounder, scallop, NE by a state that does not require cage scallop or NE multispecies; or a multispecies, and, as of January 1, 1997, moratorium permit for summer tagging, any vessel owners or operator mackerel, squid, or butterfish, and scup permitted to fish in the EEZ for surf flounder; or, as of January 1, 1997, a dealers must complete the mackerel, squid, or butterfish, or scup clams and ocean quahogs must comply ‘‘Employment Data’’ section of the with the more restrictive requirement permit to carry a NMFS-approved sea Annual Processed Products Reports; sampler/observer. * ** while fishing in state waters. However, completion of the other sections of that * * * * * surrender of a surf clam and ocean form is voluntary. * * * quahog vessel permit by the owner by (e) The owner or operator of a vessel * * * * * certified mail addressed to the Regional issued a summer flounder or scup (b) * * * Director allows an individual to comply moratorium permit, if requested by the (1) * * * sea sampler/observer also must: with the less restrictive state minimum (i) Owners of vessels issued a size requirement, so long as fishing is (1) Notify the sea sampler/observer of moratorium permit for summer any sea turtles, marine mammals, conducted exclusively within state flounder, mackerel, squid, or butterfish, waters. summer flounder or scup, or other or scup, or a permit for sea scallop, or specimens taken by the vessel. * * * * * multispecies. The owner or operator of (2) Provide the sea sampler/observer 7. In § 648.5, the first sentence of any vessel issued a moratorium vessel with sea turtles, marine mammals, paragraph (a) is revised to read as permit for summer flounder, or, as of summer flounder or scup, or other follows: January 1, 1997, for mackerel, squid, or specimens taken by the vessel. § 648.5 Operator permits. butterfish, or scup, or a permit for sea * * * * * (a) General. Any operator of a vessel scallops, or NE multispecies, must 11. In § 648.12 the introductory text is fishing for or possessing sea scallops in maintain on board the vessel, and revised to read as follows: excess of 40 lb (18.1 kg), NE submit, an accurate daily fishing log § 648.12 Experimental fishing. multispecies, and, as of January 1, 1997, report for all fishing trips, regardless of mackerel, squid or butterfish, or scup, species fished for or taken, on forms The Regional Director may exempt harvested in or from the EEZ, or issued supplied by or approved by the Regional any person or vessel from the a permit for these species under this Director. * * * requirements of subparts B (Atlantic part, must have and carry on board a * * * * * mackerel, squid, and butterfish), D (sea valid operator’s permit issued under (iii) Owners of party and charter scallop), E (surf clam and ocean this section. * ** boats. The owner of any party or charter quahog), F (NE multispecies), G boat issued a summer flounder or scup (summer flounder), or H (scup), of this * * * * * part for the conduct of experimental 8. In § 648.6, paragraph (a) is revised permit other than a moratorium permit fishing beneficial to the management of to read as follows: and carrying passengers for hire shall maintain on board the vessel, and the resources or fishery managed under § 648.6 Dealer/processor permits. submit, an accurate daily fishing log that subpart. The Regional Director shall (a) General. All NE multispecies, sea report for each charter or party fishing consult with the Executive Director of scallop, summer flounder, surf clam and trip that lands summer flounder or scup, the MAFMC regarding such exemptions ocean quahog dealers, and surf clam and unless such a vessel is also issued a for the mackerel, squid, or butterfish, ocean quahog processors must have moratorium permit for summer summer flounder and scup fisheries. been issued and have in their flounder, a permit for sea scallops or * * * * * 43426 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

12. In § 648.14, paragraph (t) is (1) Possess scup in excess of the (2) Fish for scup other than during a redesignated as paragraph (u) and a new threshold amount specified in season established pursuant to paragraph (t) is added and reserved, § 648.123, unless the vessel meets the § 648.122. paragraphs (a)(80) through (a)(88), and minimum mesh-size restrictions (3) Sell scup or transfer scup to paragraph (u)(6) are added, and specified in § 648.123. another person for a commercial paragraphs (k) and (l) are revised to read (2) Fail to keep scup separate from purpose. as follows: other species if fishing with nets having (4) Possess scup that do not meet the mesh that does not meet the minimum § 648.14 Prohibitions. minimum fish size specified in mesh-size restrictions specified in § 648.124(b). (a) * * * § 648.123(a). * * * * * (80) Possess scup in or harvested from (3) Land scup for sale after the the EEZ north of 35°15.3′ N. lat. in an effective date of the notification (u) * * * area closed, or before or after a season published in the Federal Register (6) Scup. All scup possessed on board established pursuant to § 648.122. stating that the commercial quota has a party or charter boat issued a permit (81) To purchase or otherwise receive been harvested. under § 648.4 are deemed to have been for a commercial purpose scup (4) Possess nets or netting that do not harvested from the EEZ. harvested from the EEZ north of meet the minimum mesh restrictions or 13. Subpart H is revised to read as 35°15.3′ N. lat., or from a vessel issued that are modified, obstructed or follows: a scup moratorium permit after the constricted, if subject to the minimum Subpart HÐManagement Measures for the effective date of the notification mesh requirements specified in Scup Fishery published in the Federal Register § 648.123(a), unless the nets or netting Sec. stating that the commercial quota has are stowed in accordance with 648.120 Catch quotas and other restrictions. been harvested. § 648.23(b). 648.121 Closure. (82) Land scup harvested in or from (5) Fish with nets or netting that do 648.122 Season and area restrictions. the EEZ north of 35°15.3′ N. lat. after the not meet the minimum mesh restriction 648.123 Gear restrictions. effective date of the notification or that are modified, obstructed or 648.124 Minimum fish sizes. published in the Federal Register constricted while in possession of scup 648.125 Possession limit. in excess of the threshold amount 648.126 Protection of threatened and stating that the commercial quota has endangered sea turtles. been harvested. specified in § 648.123. (83) Possess scup harvested in or from (6) As of January 1, 1997, sell or Subpart HÐManagement Measures for the EEZ north of 35°15.3′ N. lat. that do transfer to another person for a the Scup Fishery not meet the minimum fish size commercial purpose, other than specified in § 648.124. transport on land, any scup, unless the § 648.120 Catch quotas and other (84) Fish for, catch, or retain scup in transferee has a dealer permit issued restrictions. excess of 4,000 lb (1,814 kg) in or from under § 648.6. (a) Annual review. The Scup the EEZ north of 35°15.3′ N. lat. unless (7) Carry passengers for hire, or carry Monitoring Committee shall review the the vessel meets the gear restrictions in more than three crew members for a following data, subject to availability, § 648.123. charter boat or five crew members for a on or before August 15 of each year. (85) Fish for, catch, or retain scup in party boat, while fishing for scup under This review will be conducted to or from the EEZ north of 35°15.3′ N. lat. the terms of a moratorium permit issued determine the allowable levels of fishing for sale, barter, or trade, after January 1, pursuant to § 648.4(a)(6). and other restrictions necessary to 1997, unless the vessel has been issued (8) Use a scup pot or trap that does achieve an exploitation rate of 47 a valid moratorium permit pursuant to not have the hinges and fasteners made percent in 1997, 1998, and 1999, 33 § 648.4(a)(6). of degradable materials as specified in percent in 2000 and 2001, and 19 § 648.123. (86) Sell or transfer scup harvested in percent in 2002 and thereafter: (9) Use a scup trap or pot that does or from the EEZ north of 35°15.3′ N. lat. Commercial and recreational catch data; not have a minimum escape vent of the after January 1, 1998, unless the vessel current estimates of fishing mortality; size specified in § 648.123. stock status; recent estimates of has been issued a valid moratorium (10) Use roller rig trawl gear equipped recruitment; virtual population analysis permit pursuant to § 648.4(a)(6). with rollers greater than the size (87) Fish for, catch, or retain scup in results; levels of noncompliance by ° ′ specified in § 648.123. or from the EEZ north of 35 15.3 N. lat. (11) Possess scup in, or harvested fishermen or individual states; impact of on board a party or charter boat after from, the EEZ in an area closed, or size/mesh regulations; impact of gear on January 1, 1997, unless the vessel has before or after a season established the mortality of scup; and any other been issued a valid party or charter boat pursuant to § 648.122. relevant information. permit pursuant to § 648.4(a)(6)(ii). (l) In addition to the general (b) Recommended measures. Based on (88) Fish with or possess scup pots or prohibitions specified in § 600.725 of this review, the Scup Monitoring ° ′ traps in the EEZ north of 35 15.3 N. lat. this chapter and in paragraph (a) of this Committee shall recommend the that have a rectangular escape vent, any section, it is unlawful for the owner or following measures to the Demersal side of which is less than 2.25 inches operator of a party or charter boat issued Species Committee of the MAFMC and (5.7 cm) in length. a scup permit (including a moratorium the Commission to assure that the * * * * * permit), when the boat is carrying exploitation rate specified in paragraph (k) In addition to the general passengers for hire or carrying more (a) of this section will not be exceeded: prohibitions specified in § 600.725 of than three crew members if a charter (1) The coastwide commercial quota this chapter and in paragraph (a) of this boat or more than five members if a will be set from a range of 0 to the section, it is unlawful for any person party boat, to: maximum allowed to achieve the owning or operating a vessel issued a (1) Possess scup in excess of the specified exploitation rate. scup permit (including a moratorium possession limit established pursuant to (2) Commercial minimum fish size. permit) to do any of the following: § 648.125. (3) Minimum mesh size. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43427

(4) Recreational possession limit set with a 45-day public comment period. consisting of line or rope no more than from a range of 0 to 50 scup to achieve After considering public comment on 3 inches (7.2 cm) in diameter, may be the specified exploitation rate. the proposed rule, a final rule shall be used if such splitting strap and/or bull (5) Recreational minimum fish size set published in the Federal Register to rope does not constrict in any manner from a range of 7 inches (17.8 cm) TL implement the appropriate the top of the regulated portion of the to 10 inches (25.4 cm) TL. modification. net, and one rope no greater that 0.75 (6) Recreational season. inches (1.9 cm) in diameter extending (7) Restrictions on gear. § 648.121 Closure. the length of the net from the belly to (8) Season and area closures in the The Regional Director will monitor the terminus of the codend along the commercial fishery. the harvest of commercial quota based top, bottom, and each side of the net. (c) Annual fishing measures. The on dealer reports, state data, and other ‘‘Top of the regulated portion of the net’’ Demersal Species Committee shall available information and shall means the 50 percent of the entire review the recommendations of the determine the date when the regulated portion of the net that (in a Scup Monitoring Committee. Based on commercial quota will be harvested. hypothetical situation) will not be in these recommendations and any public The Regional Director shall close the contact with the ocean bottom during a comment, the Demersal Species EEZ to fishing for scup by commercial tow if the regulated portion of the net Committee shall recommend to the vessels for the remainder of the calendar were laid flat on the ocean floor. For the MAFMC measures necessary to assure year by publishing notification in the purpose of this paragraph (a)(3), head that the specified exploitation rate will Federal Register advising that, effective ropes are not considered part of the top not be exceeded. The MAFMC shall upon a specific date, the commercial of the regulated portion of a trawl net. review these recommendations, and quota has been harvested, and notifying (4) Mesh obstruction or constriction. based on these recommendations and vessel and dealer permit holders that no any public comment, recommend to the (i) The owner or operator of a fishing commercial quota is available for vessel subject to the minimum mesh Regional Director measures necessary to landing scup. assure that the specified exploitation restriction in paragraph (a)(1) of this rate will not be exceeded. The § 648.122 Season and area restrictions. section shall not use any mesh construction, mesh configuration, or MAFMC’s recommendation must If the MAFMC determines through its other means on or in the top of the include supporting documentation, as annual review process that seasonal regulated portion of the net, as defined appropriate, concerning the restrictions or area closures are in paragraph (a)(3) of this section, if it environmental and economic impacts of necessary for the commercial or obstructs the meshes of the net in any the recommendations. The Regional recreational sectors to assure that the manner. Director shall review these exploitation rate is not exceeded, or to recommendations and any attain other FMP objectives, such (ii) The owner or operator of a fishing recommendations of the Commission. measures will be enacted through the vessel subject to the minimum mesh After such review, the Regional Director procedure specified in § 648.120. requirement in paragraph (a)(1) of this will publish a proposed rule in the section may not use a net capable of Federal Register by October 15 to § 648.123 Gear restrictions. catching scup if the bars entering or implement a coastwide commercial (a) Trawl vessel gear restrictions—(1) exiting the knots twist around each quota and recreational harvest limit and Minimum mesh size. The owners or other. additional management measures for the operators of otter trawlers issued a scup (5) Stowage of nets. The owner or commercial fishery, and will publish a moratorium permit, and that possess operator of an otter trawl vessel proposed rule in the Federal Register by 4,000 lb or more (1,814 kg or more) of retaining 4,000 lb or more (1,814 kg or February 15 to implement additional scup, must fish with nets that have a more) of scup and subject to the management measures for the minimum mesh size of 4 inches (10.2 minimum mesh requirement in recreational fishery, if he or she cm) diamond mesh applied throughout paragraph (a)(1) of this section, may not determines that such measures are the codend for at least 75 continuous have available for immediate use any necessary to assure that the specified meshes forward of the terminus of the net, or any piece of net, not meeting the exploitation rate will not be exceeded. net, or, for codends with less than 75 minimum mesh size requirement, or After considering public comment, the meshes, the minimum-mesh-size mesh that is rigged in a manner that is Regional Director will publish a final codend must be a minimum of one-third inconsistent with the minimum mesh rule in the Federal Register to of the net, measured from the terminus size. A net that conforms to one of the implement the annual measures. of the codend to the head rope, methods specified in § 648.23(b) and (d) Additional quota measures. The excluding any turtle excluder device that can be shown not to have been in commercial quota will be implemented extension. Scup on board these vessels recent use is considered to be not as a coastwide quota, applicable to that shall be stored separately and kept ‘‘available for immediate use.’’ area of the EEZ from 35°15.3′ N. lat. to readily available for inspection. (6) Roller gear. The owner or operator the United States/Canada border. The (2) Mesh-size measurement. Mesh of an otter trawl vessel issued a MAFMC and Commission may revise sizes will be measured according to the moratorium permit pursuant to the coastwide quota system to distribute procedure specified in § 648.104(a)(2). § 648.4(a)(6) shall not use roller rig trawl and manage the annual commercial (3) Net modification. The owner or gear equipped with rollers greater than quota allocation in accordance with the operator of a fishing vessel subject to the 18 inches (45.7 cm) in diameter. procedures set forth in this section. minimum mesh requirement in (7) Procedures for changes. The Vessel trip limits, as well as coastwide, paragraph (a)(1) of this section shall not minimum net mesh and the threshold regional and state-by-state quotas may use any device, gear, or material, catch level at which it is required set be considered in combination with including, but not limited to, nets, net forth in paragraph (a)(1) of this section, different fractions of the fishing year. strengtheners, ropes, lines, or chafing and the maximum roller diameter set Any modification to the coastwide gear, on the top of the regulated portion forth in paragraph (a)(6) of this section, quota system shall be published as a of a trawl net. However, one splitting may be changed following the proposed rule in the Federal Register strap and one bull rope (if present), procedures in § 648.120. 43428 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

(b) Pot and trap gear restrictions. single (butterfly) fillet, such fillet shall FOR FURTHER INFORMATION CONTACT: Owners or operators of vessels subject to be deemed to be from one whole scup. Patricia M. Duffy, Office of Field this part must fish with scup pots or (c) Scup harvested by vessels subject Operations, 202–927–0540. traps that comply with the following: to the possession limit with more than SUPPLEMENTARY INFORMATION: (1) Degradable hinges. A scup pot or one person aboard may be pooled in one trap must have degradable hinges and or more containers. Compliance with Background fasteners made of one of the following the daily possession limit will be As part of a continuing program to degradable materials: determined by dividing the number of obtain more efficient use of its (i) Untreated hemp, jute, or cotton scup on board by the number of persons personnel, facilities, and resources, and 3 string of ⁄16 inches (4.8 mm) diameter aboard other than the captain and crew. to provide better service to carriers, or smaller; If there is a violation of the possession importers, and the general public, (ii) Magnesium alloy, timed float limit on board a vessel carrying more Customs is extending the geographical releases (pop-up devices) or similar than one person, the violation shall be limits of the consolidated port of entry magnesium alloy fasteners; or deemed to have been committed by the of Puget Sound, Washington. The (iii) Ungalvanized or uncoated iron owner and operator. geographical limits of the consolidated wire of 0.094 inches (2.4 mm) diameter (d) Scup and scup parts harvested by Port of Puget Sound include Seattle, or smaller. a vessel with a moratorium or charter or Anacortes, Bellingham, Everett, Friday (2) Escape vents. (i) All scup pots or party boat scup permit, or in or from the Harbor, Neah Bay, Olympia, Port traps that have a circular escape vent ° ′ EEZ north of 35 15.3 N. lat., may not be Angeles, Port Townsend and Tacoma. with a minimum of 3.1 inches (7.9 cm) landed with the skin removed. This document amends the port in diameter, or a square escape vent description of Puget Sound to include with a minimum of 2.25 inches (5.7 cm) § 648.126 Protection of threatened and within the port description of Seattle for each side, or an equivalent endangered sea turtles. the portion of King County, Washington, rectangular escape vent. This section supplements existing which before this document was (ii) The minimum escape vent size set regulations issued to regulate incidental between the boundaries of the Port of forth in paragraph (b)(2)(i) of this take of sea turtles under authority of the Seattle and the Port of Tacoma. The section may be revised following the Endangered Species Act under 50 CFR boundaries are being changed to help procedures in § 648.120. parts 217 and 227. In addition to the measures required under those parts, serve the various commercial operations § 648.124 Minimum fish sizes. NMFS will investigate the extent of take located in the area which require the (a) The minimum size for scup is 9 in flynet gear and if deemed services of Customs personnel. inches (22.9 cm) TL for all vessels appropriate, may develop and certify a The decision to extend the port limits issued a moratorium permit under Turtle Excluder Device for that gear. of Seattle, and accordingly, the port § 648.4(a)(6). If such a vessel is also limits of the consolidated Port of Puget issued a charter and party boat permit [FR Doc. 96–21515 Filed 8–22–96; 8:45 am] Sound, has been made after a Notice of and is carrying passengers for hire, or BILLING CODE 3510±22±P Proposed Rulemaking concerning this carrying more than three crew members matter was published in the Federal if a charter boat, or more than five crew Register (60 FR 47504) on September members if a party boat, then the DEPARTMENT OF THE TREASURY 13, 1995, requesting comments from the minimum size specified in paragraph (b) public and no comments were received. of this section applies. Customs Service In accordance with the decision to (b) The minimum size for scup is 7 extend the port limits, the list of 19 CFR Part 101 inches (17.8 cm) TL for all vessels that Customs ports of entry in 19 CFR 101.3 do not have a moratorium permit, or for [T.D. 96±63] (b)(1) is amended as described below. party and charter vessels that are issued New Puget Sound Port Limits a moratorium permit but are fishing Extension of Port Limits of Puget with passengers for hire, or carrying Sound, Washington The geographical area within the more than three crew members if a boundaries of the Consolidated Port of AGENCY: charter boat, or more than five crew U.S. Customs Service, Puget Sound are as follows: members if a party boat. Department of the Treasury. The ports of Seattle (Section 35, (c) The minimum size applies to ACTION: Final rule. Township 27 North, Range 3 East, West whole fish or any part of a fish found Meridian, County of Snohomish, and SUMMARY: This document amends the in possession, e.g., fillets. These the geographical area beginning at the Customs Regulations pertaining to the minimum sizes may be adjusted intersection of NW. 205th Street and the field organization of Customs by pursuant to the procedures in § 648.120. waters of Puget Sound, proceeding in an extending the geographical limits of the easterly direction along the King County § 648.125 Possession limit. consolidated port of entry of Puget line to its intersection with 100th (a) Pursuant to the procedures in Sound, Washington. The current Avenue N.E., thence southerly along § 648.120, the Regional Director may boundaries have been extended to 100th Avenue N.E. and its continuation limit the number of scup that may be include the portion of King County, to the intersection of 100th Avenue S.E. possessed in or harvested from the EEZ Washington, which lies between the and S.E. 240th Street, thence westerly north of 35°15.3′ N. lat. by persons boundaries of the Port of Seattle and the along S.E. 240th Street, to its aboard vessels that have not been issued Port of Tacoma. The boundaries have intersection with North Central Avenue, a valid moratorium permit. been changed because various thence southerly along North Central (b) If whole scup are processed into commercial operations requiring the Avenue, its continuation as South fillets, an authorized officer will convert services of Customs personnel have Central Avenue and 83rd Avenue South the number of fillets to whole scup at been established in areas beyond the and its connection to Auburn Way the place of landing by dividing fillet current limits of the consolidated port. North, thence southerly along Auburn number by 2. If scup are filleted into a EFFECTIVE DATE: September 23, 1996. Way North and its continuation as Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43429

Auburn Way South to its intersection port limits of Olympia, all points and Approved: July 29, 1996. with State Highway 18, thence westerly places on the southern boundary of George J. Weise, along Highway 18 to its intersection Puget Sound from the port limits of Commissioner of Customs. with A Street S.E., then southerly along Olympia to the western port limits of Dennis M. O’Connell, A Street S.E. to its intersection with the Tacoma, and all points and places on Acting Deputy Assistant Secretary of the King County Line, then westerly along the eastern boundary of Puget Sound Treasury. the King County Line to its intersection and contiguous waters from the port [FR Doc. 96–21487 Filed 8–22–96; 8:45 am] with the waters of Puget Sound and limits of Tacoma north to the southern BILLING CODE 4820±02±P then northerly along the shores of Puget port limits of Bellingham, all in the Sound to its intersection with N.W. State of Washington. 205th Street, the point of beginning, all INTERNATIONAL TRADE within the County of King, State of Regulatory Flexibility Act and COMMISSION Washington), Anacortes, Bellingham, Executive Order 12866 Everett, Friday Harbor, Neah Bay, 19 CFR Part 210 Olympia, Port Angeles, Port Townsend, Although Customs solicited public and the territory in Tacoma beginning at comments on this port extension, no Procedures for Investigations and the intersection of the westernmost city notice of proposed rulemaking was Related Proceedings Concerning limits of Tacoma and The Narrows and required pursuant to 5 U.S.C. 553 Unfair Practices in Import Trade because the port extension relates to proceeding in an easterly, then AGENCY: U.S. International Trade agency management and organization. southerly, then easterly direction along Commission. Accordingly, this document is not the city limits of Tacoma to its ACTION: Final rule. intersection with Pacific Highway (U.S. subject to the provisions of the Route 99), then proceeding in a Regulatory Flexibility Act (5 U.S.C. 601 SUMMARY: The Commission hereby southerly direction along Pacific et seq). Agency organization matters adopts certain interim rules as final Highway to its intersection with Union such as this port extension are exempt rules of practice and procedure for Avenue Extended and continuing in a from consideration under Executive investigations and related proceedings southerly direction along Union Avenue Order 12866. under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). The Commission Extended to its intersection with the Drafting Information: The principal author also revises the interim rule concerning northwest corner of McChord Air Force of this document was Janet L. Johnson, investigation target dates, and adopts Base, then proceeding along the Regulations Branch. However, personnel that rule as a final rule. This change is northern, then western, then southern from other offices participated in its boundary of McChord Air Force Base to development. made, in response to public comment, its intersection, just west of Lake so that any decision that results in a Mondress, with the northern boundary List of Subjects in 19 CFR Part 101 target date beyond fifteen months will of the Fort Lewis Military Reservation, be by initial determination. The then proceeding in an easterly direction Customs duties and inspection, Commission further revises the final along the northern boundary of the Fort Exports, Imports, Organization and rule concerning modification or Lewis Military Reservation to its functions (Government agencies). rescission of exclusion orders, cease and desist orders, and consent orders to intersection with Pacific Avenue, then Amendments to the Regulations proceeding in a southerly direction eliminate the publication of Federal along Pacific Avenue to its intersection Accordingly, Part 101 of the Customs Register notices that are not required by with National Park Highway, then Regulations is amended as set forth law, to eliminate unnecessary proceeding in a southeasterly direction below: publication costs. along National Park Highway to its DATES: The effective date of these final intersection with 224th Street, East, PART 101ÐGENERAL PROVISIONS rules is September 23, 1996. These final then proceeding in an easterly direction rules will apply to all section 337 along 244th Street, East, to its 1. The general authority citation for investigations and proceedings intersection with Meridian Street, Part 101 and the specific authority instituted after September 23, 1996, as South, then proceeding in a northerly citation for § 101.3 continue to read as well as to complaints requesting the direction along Meridian Street to the follows: institution of a section 337 investigation and petitions for modification or northern boundary of Pierce County, Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, then proceeding in a westerly direction rescission of exclusion orders, cease and 1202 (General Note 20, Harmonized Tariff desist orders, and consent orders filed along the northern boundary of Pierce Schedule of the United States), 1623, 1624. County to its intersection with Puget after September 23, 1996. Sections 101.3 and 101.4 also issued under Sound, then proceeding in a generally FOR FURTHER INFORMATION CONTACT: 19 U.S.C. 1 and 58b; southwesterly direction along the banks Sidney Harris or Paul J. Luckern, Office of the East Passage of Puget Sound, * * * * * of Administrative Law Judges, U.S. International Trade Commission, Commencement Bay, and The Narrows § 101.3 [Amended] to the point of intersection with the telephone (202) 205–2692 or (202) 205– westernmost city limits of Tacoma, 2. Section 101.3(b)(1) is amended by 2694. Hearing impaired individuals can including all points and places on the removing the reference ‘‘T. D. 83–146’’ obtain information on the final rules by southern boundary of the Juan de Fuca in the ‘‘Limits of port’’ column adjacent contacting the Commission’s TDD Strait from the eastern port limits of to the entry of Puget Sound in the ‘‘Ports terminal at (202) 205–1810. Neah Bay to the western port limits of of entry’’ column under the state of SUPPLEMENTARY INFORMATION: Port Townsend, all points and places on Washington and by adding the reference Rulemaking Analysis the western boundary of Puget Sound, ‘‘T. D. 96–63’’ in its place. including Hood Canal, from the port The final rules proposed in this notice limits of Port Townsend to the northern do not meet the criteria enumerated in 43430 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations section 3(f) of Executive Order 12866,1 changed from the interim rules. In The notice and comment procedure of and therefore do not constitute a response to public comment, final rule 5 U.S.C. 553(b) is not only costly, it also significant regulatory action for 210.51(a) now provides that any lengthens the time it takes for the purposes of that Executive Order. extension of an investigation target date Commission to effect the desired rule In accordance with the Regulatory beyond 15 months shall be by initial change. After a notice of proposed Flexibility Act,2 the Commission hereby determination, subject to discretionary rulemaking is published in the Federal certifies 3 that the revised rules set forth review by the Commission. Final rule Register, interested persons must be in this notice are not likely to have a 210.76(b) given adequate time to review the significant economic impact on a Final rule 210.76(b) is being revised to proposed rules and determine whether substantial number of small business eliminate the provision stating that the they wish to submit comments, as well entities. The Commission notes that Commission will institute proceedings as adequate time to prepare and file the most section 337 complainants are not to modify or rescind a remedial order or comments. The Commission must then small businesses. Moreover, proposed a consent order by publishing a notice review those comments before making a final rule 210.51(a) merely requires any in the Federal Register. This change is final decision on the content of the extension of a target date beyond 15 being made to increase the efficiency revised rule. (Moreover, after the months to be by initial determination, and economy of the section 337 process Commission makes a final decision on and proposed final rule 210.76(b) by eliminating unnecessary publication content, the revised rule generally merely ceases publication of certain costs, as recommended by the cannot go into effect for at least 30 days section 337 Federal Register notices Commission’s Inspector General. See after a notice of final rulemaking is 4 that are not required by law. In any generally Audit Report No. IG–03–94, published in the Federal Register. See event, the Regulatory Flexibility Act is Review of Ways to Increase the Economy 5 U.S.C. § 553(d).) inapplicable to this rulemaking, because and Efficiency of the Process for Judging by the response to the notice it is not one for which a notice of Conducting Section 337 Investigations, of proposed rulemaking published at 60 proposed rulemaking was required at pages 2–4 and 8 (Aug. 19, 1994). FR 16082, it seems unlikely that a notice of proposed rulemaking concerning the under 5 U.S.C. 553(b) or another Last year, the Commission conducted statute.5 revision of final rule 210.76(b) would a separate rulemaking to eliminate generate much public comment. In Background provisions of 19 CFR Part 210 requiring addition to publishing that notice in the the publication of Federal Register Interim rules Federal Register, the Commission notices that are not required by law. The mailed that notice to bar groups, Federal On December 30, 1994, the proposed revision of final rule 210.76(b) agencies, and other interested persons Commission published interim rules was inadvertently omitted from the or organizations that routinely receive implementing the statutory amendments notice of proposed rulemaking such notices. Only one bar group and to section 337 effected by the Uruguay published at 60 FR 16082 (Mar. 29, Round Agreements Act (URAA) (59 FR one agency commented on the proposed 1995). The notice of final rulemaking revision of the part 210 rules to 67622, Dec. 30, 1994). Public comment published at 60 FR 53117 (Oct. 12, was invited during a 90-day period eliminate the publication of Federal 1995) acknowledged that omission. That Register notices that are not required by ending March 30, 1995. The notice also stated that the Federal Commission received comments from law. Register publication requirement of Even though the aforementioned The International Trade Commission final rule 210.76(b) had been suspended Trial Lawyers Assoc. (ITCTLA), Texas notice of proposed rulemaking did not in Administrative Orders 95–12 (Mar. set forth a proposed revision of final Instruments (TI), Minnesota Mining and 21, 1995) and 95–18 (Oct. 4, 1995) and Manufacturing Co. (3M), Mr. Gilbert B. rule 210.76(b), the ITCTLA urged the that a proposed revision of final rule Commission not to suspend or eliminate Kaplan of the law firm of Hale and Dorr 210.76(b) to delete the Federal Register (Kaplan), the Government of Canada the Federal Register notice requirement notice requirement would be published of that rule. The ITCTLA noted that the (Canada) and the Japan Machinery for public comment at a later date. See Exporters’ Association (JMEA). The Federal Register is a reliable and readily 60 FR at 53119. accessible data base. The ITCTLA added Commission took those comments into The Commission has since decided, account before promulgating these final that Federal Register notices of however, that the costs and the Commission proceedings to modify or rules. As these final rules are, with one administrative burden of utilizing the exception, identical to the interim rules rescind a remedial order or a consent notice and public comment procedure order fill a valuable due process role by on which public comment was invited to revise final rule 210.76(b) outweigh and received, no further notice and alerting interested persons to a potential any potential benefits. Significant comment period is found necessary. See disturbance of the status quo—which amounts of staff time and resources are e.g. American Transfer & Storage Co. v. enables them to take whatever action consumed in the preparation of notices I.C.C., 719 F.2d 1283 (5th Cir. 1983); they deem necessary to protect their for publication. In addition, publication Methodist Hosp. of Sacramento v. interests. fees are not nominal. Though discounts The Commission considered the Shalala, 38 F.3d 1225 (D.C. Cir. 1994); are available, the fee for publishing a ITCTLA comments, but has decided that City of Stoughton, Wis. v. EPA, 858 F.2d notice in the Federal Register can be as final rule 210.76(b) must be revised for 747 (D.C. Cir. 1988). Each comment on high as $125 per column (with no the same reasons that the relevant the interim rules is summarized and the proration for partial columns) and $375 provision of that rule was suspended Commission’s responses are provided in per page. The Commission also must and that other part 210 rules were the section-by-section analysis of the bear the cost of reproducing the notice revised last year to eliminate Federal final rules. Only section 210.51(a) is for distribution to the public through Register notice requirements. (See 60 FR 1 58 FR 51735, Oct. 4, 1993. the Office of the Secretary and other at 53118.) Those reasons include (1) the 2 5 U.S.C. 601 note. sources, as well as the cost of mailing need to reduce unnecessary spending, 3 Pursuant to 5 U.S.C. 605(b). copies to various bar groups, other (2) the fact that section 337 notices are 4 See 60 FR 53119 (Oct. 12, 1995). Federal agencies, and other interested available from various sources, (3) the 5 See 5 U.S.C. 603(a). persons or organizations. absence of any indication that Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43431 suspension of the Federal Register The ITCTLA, TI, 3M and Kaplan changes to interim rule 210.14 are notice requirement imposed by final commented that the preamble to interim warranted. rule 210.76(b) has caused significant rule 210.14(e) suggests that the deadline Subpart D—Motions problems for parties, the Commission’s for counterclaims is being set at 10 staff, interested members of the public, business days before the evidentiary Section 210.23 or other Federal agencies, and (4) the hearing to permit respondents to use Interim rule 210.23 eliminates the absence of any indication that revising discovery mechanisms to ‘‘identify provision allowing the Commission to that rule by deleting the publication potential counterclaims’’ and that suspend an investigation because of a requirement is likely to cause such because counterclaims which a proceeding in a court or agency of the problems in the future. respondent can raise also include United States involving similar subject Interested persons who wish to permissive counterclaims (i.e., claims matter, except for possible antidumping contest the revision of final rule unrelated to the complaint), the or countervailing duty matters referred 210.76(b) can petition the Commission preamble can be construed to support to the Department of Commerce by the to have the revised rule amended or discovery on unrelated matters to Commission. repealed, pursuant to 5 U.S.C. 553(e) determine whether they constitute Canada maintains that interim rule and 19 CFR 201.4(b). potential counterclaims. 210.23 may exacerbate discriminatory The Federal Register publication Canada and the JMEA objected to the features of section 337 identified by the changes made by the URAA regarding requirement of final rule 210.76(b) is an GATT Panel Report in Aramid Fiber, counterclaims as insufficient to meet agency rule of practice and procedure. BISD 36S/345, Adopted 11/7/89, U.S. obligations under the General Hence, the proposed revision of final pertaining to dual proceedings. rule 210.76(b) to eliminate that Agreement on Tariffs and Trade It is important to bear in mind the requirement need not be published in a (GATT). Canada and the JMEA further reason underlying the changes to commented on the inability of a notice of proposed rulemaking that section 210.23. Interim rule 210.23 respondent to raise a counterclaim at solicits public comment. See 5 U.S.C. reflects the amendments to section the Commission, at least to the extent 553(b). 337(b)(1) that eliminated statutory that the subject matter of the deadlines. Administrative law judges Section-By-Section Analysis of the counterclaim falls within the and the Commission retain the inherent Final Rules jurisdiction of the Commission. The authority to suspend an investigation, JMEA proposed that the Commission Many of the final rules discussed in based on a parallel proceeding, although draft rules to provide that if a this notice are identical to the it is expected that this authority will be respondent in a first section 337 correspondingly numbered interim rules used sparingly. Moreover, the addition investigation files a complaint with the published on December 30, 1994. No of 28 U.S.C. 1659 now provides Commission alleging violation of comment was received on many of the respondents with the ability to obtain a section 337 in a second investigation, interim rules, and the Commission stay of a parallel District Court the second investigation can be joined found no reason to change those interim to the first investigation. proceeding. rules on its own before adopting them The requirement that counterclaims In view of the foregoing, the as final rules. Thus, the preamble to be filed not later than ten business days Commission has determined that no those final rules is as set forth in the before the commencement of the changes to interim rule 210.23 are ‘‘Section-By-Section Analysis of the evidentiary hearing was included to warranted. Interim Rules’’ found at 50 FR 67624– provide a respondent adequate time to Subpart G—Determinations and 67626 (Dec. 30, 1994) (hereinafter identify potential counterclaims while 6 Actions Taken referred to as ‘‘preamble’’). avoiding the distraction that might The Commission did receive occur if counterclaims could be filed Sections 210.42 and 210.51 comments on certain interim rules, and during (or after) the evidentiary hearing. Interim rule 210.51 requires the those comments and the views of the Discovery at the Commission is not for administrative law judge, within 45 Commission are summarized below. the purpose of generating a days of institution of an investigation, to The commentary in the December 30, counterclaim and the scope of discovery set a target date for completion of that 1994, notice is considered part of the is not expanded by the new investigation. Any decision to set a preamble to those final rules, to the counterclaim provision beyond what target date of 15 months or more is by extent that such commentary is not was previously allowed in Commission initial determination, subject to inconsistent with the discussion below. investigations. discretionary review by the Subpart C—Pleadings The comments of Canada and the Commission. Interim rule 210.42(c) JMEA regarding interim rule 210.14(e) provides, in relevant part, that motions Section 210.14 are based on their perceptions of to set a target date exceeding 15 months The interim rules added a new deficiencies in the URAA. As such, the from the date of institution, pursuant to paragraph (e) to section 210.14 to Commission does not find it appropriate interim rule 210.51(a), are granted by implement the amendment to Section to incorporate changes based on these initial determination. 337(c) of the Tariff Act with regard to comments into its final rules. Moreover, The ITCTLA, 3M, TI and Kaplan counterclaims. Interim rule 210.14(e) the joinder of two section 337 commented that the Commission should requires that counterclaims be filed not investigations, as proposed by the be directly responsible for setting the later than 10 business days before the JMEA, may be sought by motion under target dates, and that this decision commencement of the evidentiary section 210.15. The Commission notes should not be delegated to the hearing. that such a motion for joinder was, in administrative law judges. fact, granted in Certain Precision The JMEA commented that the rules Resistor Chips, 337–TA–63/65, Order should not be administered in a manner 6 The Commission received no comments on the following interim rules: 210.3–210.5; 210.16; No. 2 (May, 1979). that effectively imposes a time limit on 210.21–210.22; 210.24; 210.39; 210.41; 210.43; In view of the foregoing, the the administrative law judge which the 210.49–210.50. Commission has determined that no JMEA maintained would be the case if 43432 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations the discretion of the judge were limited of interim rule 210.51 is found his or her paper patent, and (2) that to establishing target dates of 15 months necessary. The Commission, however, section 337 is not a vehicle for pursuing or less. 3M and Kaplan commented that has modified interim rule 210.51, such such personal interest. Those the choice of 15 months as the time that that, under final rule 210.51(a), any comments, however, relate to questions triggers Commission review seems to extension that would result in a target of statutory interpretation, dealing with give a degree of approval to target dates date beyond 15 months from institution the substance of section 337, and do not exceeding 12 months, and that will be by initial determination, and implicate any Commission procedural Commission review should be triggered subject to discretionary review by the rule. by any target date that exceeds 12 Commission. months. List of Subjects in 19 CFR Part 210 Subpart H—Temporary Relief The Commission finds that it is Administrative practice and appropriate for the administrative law Sections 210.52 and 210.70 procedure, Business and industry, judge to set all target dates. Allowing These rules provide for the posting Customs duties and inspection, Imports, the administrative law judge to set target and forfeiture of a complainant’s bond Investigations. dates within a 12- to 15-month period when a complainant seeks temporary For the reasons set forth in the of time, without Commission review, relief. preamble, 19 CFR Part 210 is amended greatly simplifies judicial management Canada commented that the statute as set forth below. of investigations. It is expected that the and rules make no provision for a bond administrative law judges will abide by requirement on a complainant where no PART 210ÐADJUDICATION AND the intent of Congress and the temporary relief has been sought, and ENFORCEMENT Commission, and conclude most suggested that provision should be investigations within the traditional made for the indemnification of the 1. The authority citation for Part 210 period of 12 months or less. will continue to read as follows: The ITCTLA commented that interim defendant in all situations. To the extent that Canada’s comment Authority: 19 U.S.C. 1333, 1335, and 1337. rule 210.51, when read in conjunction is based on its perception of a with the Commission’s review authority 2. The interim rule amendments to deficiency in the URAA, the set forth in § 210.42(h)(3), violates the §§ 210.3, 210.4, 210.5, 210.14, 210.16, Commission does not consider it amended statute’s requirement that the 210.21, 210.22, 210.23, 210.24, 210.39, appropriate to incorporate changes Commission shall establish a target date 210.42, 210.43, 210.49, 210.50, 210.52 based on this comment in its rules. within 45 days after an investigation is and 210.70, published on December 30, Furthermore, the Commission finds no instituted with respect to an initial 1994 (59 FR 67622) are adopted as final need for such a provision. In cases determination setting a target date of rules without change. involving a successful motion for more than 15 months. The ITCTLA Note: § 210.21(d) has been further amended commented that, for example, should an temporary relief, articles may only enter or be sold in the United States during by a rule published on Oct. 12, 1995 (60 FR administrative law judge, 45 days after 53120). institution, set a target date of 18 the pendency of an investigation upon months, the target date will not become the posting of a bond. In cases that do 3. The interim rule amending § 210.51 the determination of the Commission not involve a motion for temporary (b) and (c) published on December 30, until 30 day later, or a total of 75 days, relief, by contrast, respondents do not 1994 (59 FR 67622) is adopted as a final and should the Commission choose to require any indemnification, because rule and paragraph (a) is revised to read review the initial determination the respondents’ articles are not subject to as follows: period could be extended even further. exclusion until a final determination of violation by the Commission. § 210.51 Period for concluding The ITCTLA further commented that investigation. interim rule 210.51 should be amended Subpart I—Enforcement Procedures (a) Permanent relief. Within 45 days such that any subsequent modification and Advisory Opinions by the administrative law judge to the after institution of the investigation, the target date, based on good cause, should Section 210.76 administrative law judge shall issue an be in the form of an initial Paragraph (b) of final rule 210.76 order setting a target date for completion determination subject to review by the requires that the Commission publish a of the investigation. If the target date Commission in every instance. Federal Register notice in order to does not exceed 15 months from the The Commission recognizes that institute a proceeding to modify or date of institution of the investigation, section 337(b)(1) requires that the rescind the exclusion order, cease and the order of the administrative law Commission ‘‘within 45 days after an desist order, or consent order. The judge shall be final and not subject to investigation is initiated, establish a Commission proposes to revise interlocutory review. If the target date target date for its final determination.’’ paragraph (b) by eliminating the exceeds 15 months, the order of the Under interim rule 210.51, any decision publication requirement and allowing administrative law judge shall by the administrative law judge to set a the Commission to institute such constitute an initial determination. After target date of 15 months or less is not proceedings simply by issuing a notice. the target date has been set, it can be subject to review, and thus will be final modified by the administrative law within 45 days after institution of the Miscellaneous judge for good cause shown before the investigation. It is expected that target The JMEA maintained that in order to investigation is certified to the dates will rarely exceed 15 months. In comply with the spirit of the Agreement Commission or by the Commission after the rare case where a target date in the on Trade-Related Aspects of Intellectual the investigation is certified to the first instance is set in excess of 15 Property Rights (TRIPs), the Commission. Any extension of the target months, the initial determination and Commission should clarify that (1) the date beyond 15 months, before the any subsequent review by the domestic industry requirement under investigation is certified to the Commission will be completed within section 337 cannot be satisfied by an Commission, shall be by initial 45 days of institution, as required by individual inventor pursuing his or her determination. section 337(b)(1). Thus, no modification personal monetary interest by enforcing * * * * * Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43433

4. Paragraph (b) of § 210.76 is revised sugar alcohols to the nonpromotion of evaluate such claims, that the claim is to read as follows: dental caries are justified. FDA is supported by such evidence (see also announcing these actions in response to § 101.14(c)). FDA considered the § 210.76 Modification or rescission of a petition filed by the National relevant scientific studies and data exclusion orders, cease and desist orders, and consent orders. Association of Chewing Gum presented in the petition as part of its Manufacturers, Inc., and an ad hoc review of the scientific literature on * * * * * working group of sugar alcohol sugar alcohols and dental caries. The (b) Commission action upon receipt of manufacturers (hereinafter referred to as agency summarized this evidence in the petition. The Commission may the petitioners). proposed rule (60 FR 37507). thereafter institute a proceeding to DATES: Effective January 1, 1998. The The proposed rule included modify or rescind the exclusion order, qualifying and disqualifying criteria for cease and desist order, or consent order Director of the Office of the Federal Register approves the incorporation by the purpose of identifying foods eligible by issuing a notice. The Commission to bear a health claim. The proposal also may hold a public hearing and afford reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 of a certain specified mandatory content and label interested persons the opportunity to information for health claims statements appear and be heard. After publication in 21 CFR 101.80(c)(2)(ii)(C), effective January 1, and provided model health claims. In its consideration of the petition, any review of sugar alcohols eligibility for a responses thereto, and any information 1998. FOR FURTHER INFORMATION CONTACT: health claim under § 101.14(b), FDA placed on the record at a public hearing discussed potential safety issues relating or otherwise, the Commission shall take Joyce J. Saltsman, Center for Food Safety and Applied Nutrition (HFS–165), Food to sugar alcohols and the petitioners’ such action as it deems appropriate. The position that the use of sugar alcohols Commission may delegate any hearing and Drug Administration, 200 C St. SW., Washington, DC 20204, 202–205–5916. is safe and lawful. The agency also under this section to the chief discussed the potential issue that some administrative law judge for designation SUPPLEMENTARY INFORMATION: sugar alcohol-containing foods may of a presiding administrative law judge, I. Background contain other ingredients, such as who shall certify a recommended refined flour, that may be cariogenic. determination to the Commission. In the Federal Register of July 20, Consequently, the agency proposed to By Order of the Commission. 1995 (60 FR 37507), the agency require that sugar alcohol-containing Issued: August 19, 1996. proposed to authorize the use, on food foods not lower plaque pH below 5.7, as labels and in food labeling, of health Donna R. Koehnke, determined by appropriate in vivo tests. claims on the association between sugar FDA requested written comments on the Secretary. alcohols and the nonpromotion of [FR Doc. 96–21522 Filed 8–22–96; 8:45 am] proposed rule, including comments on dental caries. In addition, FDA the agency’s tentative conclusion that BILLING CODE 7020±02±P proposed to exempt sugar alcohol- the petitioners had satisfied the containing foods from the requirement requirements regarding the safe and in § 101.14(e)(6) (21 CFR 101.14(e)(6)) of lawful use of sugar alcohols that are the DEPARTMENT OF HEALTH AND the health claims general requirements subject of the health claim and HUMAN SERVICES regulation concerning disqualification comments on the proposal to establish criteria. Section 101.14(e)(6) provides Food and Drug Administration a minimum plaque pH test for sugar that, except for dietary supplements or alcohol-containing foods. 21 CFR Part 101 where provided for in other regulations in part 101 (21 CFR part 101), subpart II. Summary of Comments and the [Docket No. 95P±0003] E, to be eligible to bear a health claim, Agency’s Responses a food must contain 10 percent or more In response to the proposal, the Food Labeling: Health Claims; Sugar of the Reference Daily Intake (RDI) or agency received approximately 20 Alcohols and Dental Caries the Daily Reference Value (DRV) for letters, each containing one or more AGENCY: Food and Drug Administration, vitamin A, vitamin C, iron, calcium, comments, from professional HHS. protein, or fiber per reference amount organizations, industry, trade ACTION: Final rule. customarily consumed before there is associations, and health care any nutrient addition. professionals. Comments that were not SUMMARY: The Food and Drug The proposed rule was issued in relevant to the sugar alcohol and dental Administration (FDA) is announcing its response to a petition filed under caries proposed rule, but that addressed decision to authorize the use, on food section 403(r)(3)(B)(i) of the Federal broader issues pertaining to health labels and in food labeling, of health Food, Drug, and Cosmetic Act (the act) claims in general, are not discussed in claims on the association between sugar (21 U.S.C. 343(r)(3)(B)(i)). Section the sections of this document that alcohols and the nonpromotion of 403(r)(3)(B)(i) of the act states that the follow.A number of comments were dental caries. The agency has concluded Secretary of Health and Human Services received that dealt generally with the that, based on the totality of the (the Secretary) (and, by delegation, questions of whether health claims need scientific evidence, there is significant FDA) shall promulgate regulations to state that the disease or health-related scientific agreement among qualified authorizing health claims only if he or condition is multifactorial, and whether experts to support the relationship she determines, based on the totality of the whole claim needs to appear in one between sugar alcohols (i.e., xylitol, publicly available scientific evidence place. These issues of broad sorbitol, mannitol, maltitol, lactitol, (including evidence from well-designed applicability to health claims are being isomalt, hydrogenated starch studies conducted in a manner which is considered in the rulemaking entitled hydrolysates (HSH), hydrogenated consistent with generally recognized ‘‘Food Labeling: Nutrient Content glucose syrups (HGS), or a combination scientific procedures and principles), Claims, General Principles; Health of sugar alcohols) and the nonpromotion that there is significant scientific Claims, General Requirements and of dental caries. Therefore, FDA has agreement, among experts qualified by Other Specific Requirements for concluded that claims on foods relating scientific training and experience to Individual Health Claims’’ (60 FR 43434 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

66206, December 21, 1995) (hereinafter The agency does not agree that the agents (i.e., stabilizers and thickeners) referred to as ‘‘the 1995 nutrient content proposed health claim is inconsistent and are consumed for their taste. and health claims proposed rule’’). with health claim principles. Sugar Inasmuch as sugar alcohols are also a Therefore, FDA forwarded the alcohols are nutrients of the type source of calories, they contribute comments in question to that docket for specified in section 403(q) of the act. nutritive value to the foods, such as consideration as part of that rulemaking. FDA lists them in § 101.9(c) (21 CFR chewing gums and confectioneries, in The majority of the comments 101.9(c)) as one of the nutrients that can which they are used. received in response to the sugar be listed in the nutrition label. Thus, 2. One comment stated that the alcohol proposal agreed with one or they can be the subject of a health claim. proposed claim is not a health claim in more provisions of the proposed rule The issue of whether claims about the same sense that the other authorized without providing grounds for support sugar alcohols and dental caries are claims are because the substance’s effect other than those provided by FDA in the health claims was discussed in the is largely independent of other dietary preamble to the proposal. A few of these Federal Register of July 20, 1995 (60 FR practices, i.e., sugar alcohol-sweetened comments also requested modification 37502), final rule entitled ‘‘Food candy will always not promote tooth of one or more provisions of the Labeling: Label Statements on Foods for decay regardless of other elements in proposed rule. A few comments Special Dietary Use; ‘Useful Only in Not the diet. Another comment stated that disagreed with the proposed rule and Promoting Tooth Decay’ Disclaimer’’ the idea of instituting a health claim for provided specific support for their (hereinafter referred to as ‘‘the 1995 a substance that merely replaces a positions. The agency has summarized disclaimer final rule’’). The agency nutrient that may contribute to a disease and addressed the relevant issues raised pointed out that a health claim provides or health-related condition could open in all comments in the sections of this information about how a particular type the door to questionable claims. One document that follow. of substance (sugar alcohols) can affect comment stated that the nonpromotion a person’s risk of developing a diet- claim is a product descriptor that A. General Comments related diseases (dental caries). The provides information on the absence of Some comments addressed the basic ‘‘Useful Only in Not Promoting Tooth an undesirable side effect. The agency disagrees that the claim is issue of whether FDA should permit Decay’’ statement does what a health not valid because sugar alcohols health claims about sugar alcohol and claim does in that it tells a consumer function independently of other dietary dental caries on food labeling and the that including foods sweetened with sugar alcohols in his or her diet will practices, or because the substance claim’s consistency with the general affect his or her risk of developing replaces or can substitute for another principles for health claims. dental caries. substance. The comment did not 1. One comment stated that section Thus, in the 1995 disclaimer final demonstrate that sugar alcohols affect 403(r)(1)(B) of the act, which was added rule, the agency found that the the risk of dental caries in a way that is by the Nutrition Labeling and Education statement on tooth decay is a health independent of other dietary practices, Act of 1990 (the 1990 amendments), claim because it contains both elements or why, even if the did, this fact would defines ‘‘health claims’’ as those necessary to meet the ‘‘health claim’’ render the claim invalid. In fact, as statements that characterize ‘‘the definition under 403(r)(1)(B) of the act. explained in the proposed rule (60 FR relationship of any nutrient which is of FDA concluded that ‘‘useful only in not 37507 at 37524), the association the type required [to be in nutrition promoting tooth decay’’ is not a nutrient between sugar alcohols and dental labeling] of the food to a disease or a content claim because it does not caries is related to dietary practices. The health-related condition.’’ The comment characterize the level of any nutrient. consumption of dietary sugars and stated that in promulgating the Thus, regardless of how this claim has fermentable carbohydrates in the form regulations governing health claims, been used, as the law is now written, its of gums, confectioneries, and other FDA interpreted the statutory language use in food labeling would misbrand the snack foods is widespread and frequent to include any relationship of a food unless claims about sugar alcohols in the diet. There is a clear association ‘‘substance’’ to a disease or health- and dental caries are authorized by FDA between the onset of dental caries and related condition (§ 101.14(a)(2)). The under section 403(r)(3) (or section the presence in the diet of sugars and comment stated that the agency used the 403(r)(5)(D)) of the act. other fermentable carbohydrates. By term ‘‘substance’’ to make clear that Relative to the comment that a health consuming foods, such as gums, mints, health claims could be established that claim must describe the function of the candies, jams and jellies, and desserts, described relationships regarding either substance in question in providing in which sugar alcohols are used to particular nutrients or foods bearing nourishment or nutriment, the general replace the fermentable carbohydrates nutrients, such as fruits and vegetables, principles for health claims do not instead of the versions of those foods and a disease or health related require that the health claim, itself, that contain the fermentable condition. The comment stated that a contain such a statement. The agency carbohydrates, the consumer, the health claim must describe the function must be fully satisfied, however, that available evidence shows, reduces his or of the substance in question in the substance meets the general her risk of developing dental caries. providing nourishment or nutriment requirements for health claims under Therefore, the claim is based on dietary and how the function of that nutrient § 101.14, and under § 101.14(b)(3)(i), if practices and is relevant within the relates to a disease or health condition. the substance is consumed at other than context of the total daily diet. The comment stated that the posited decreased dietary levels, it must A claim based on the substitution or relationship between sugar alcohols and contribute taste, aroma, or nutritive replacement of one food substance for noncariogenicity is not a nutrient value, or some technical effect listed in another is not inconsistent with, or relationship and does not satisfy the 21 CFR 170.3(o), to the food and retain prohibited under, the general principles nutrient-disease relationship that attribute when consumed at levels for health claims. In fact, current dietary requirement under the act because it that are necessary to justify a claim. recommendations encourage does not address the function of a Sugar alcohols meet this requirement substitution and replacement of foods in substance in providing nourishment or (see 60 FR 37507 and 37509) because the diet, for example, the use of low-fat nutriment. they are used as sweeteners and bulking foods in place of high-fat foods. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43435

However, the evidence must show that diseases. Nowhere in that document did yet they may be eaten in lieu of foods the effect of substituting one substance the agency state that the diet/disease that can contribute real nutrients to the for another is relevant to the risk of the relationships that could be the subject of diet. The comment stated that FDA disease or health-related condition that a health claim were those that involved should not be promoting products that is the subject of the claim. Here, the chronic diseases. Moreover, section are devoid of nutrition in lieu of results of long-term studies in which 403(r)(1)(B) of the act itself does not products that provide the energy and sugar alcohol-containing foods are limit the Secretary’s authority to the nutrients children need. substituted for sugar-containing foods in regulate health claims to those FDA disagrees that foods ineligible to the daily diet support the contention pertaining to chronic diseases. In fact, bear a health claim will be perceived by that sugar alcohols help reduce the risk the agency has recently authorized a consumers as bad for the health. The of developing dental caries (see, for health claim pertaining to a disease that comment did not present any evidence example, Refs. 21, 22, 23, and 25; 60 FR would generally not be considered to be to show that consumers interpret the 37507 at 37514). a chronic disease, neural tube defects. absence of a health claim on food labels The concern in one comment that As made clear in § 101.14(a)(6), the as evidence that the food is not questionable claims may occur when agency focuses on whether the disease healthful. For example, the agency has the substitution or replacement of in question, in this case dental caries, authorized a fat and heart disease claim, substances is the subject of a health constitutes damage to an organ, part, but the comment provided nothing to claim is fully addressed by the structure, or system of the body such suggest that consumers believe that a provisions of existing principles for that it does not function properly. As food product that does not bear this health claims. One of the requirements outlined in the proposal, the agency health claim will promote heart disease. for a substance to be eligible for a health tentatively concluded that dental caries FDA disagrees also that the health claim is that the substance must be meets this criterion (60 FR 37507 at claim fails to promote health objectives associated with a disease, or health- 37509 through 37510), and the and promotes consumption of a related condition, or, alternatively, the comments have presented no evidence particular nutrient rather than focusing petition must explain the prevalence of to support a different conclusion. on a balanced diet. As stated above, the disease in the U.S. population and Further, dental caries is a disease for dental caries remains a public health the relevance of the claim in context of which the general U.S. population, or an concern. Foods that meet the criteria for the total daily diet (see § 101.14(b)(1)). identified subgroup, is at risk, and the this health claim contribute to public The agency finds that this as well as the condition is prevalent in the general health objectives because they do not other eligibility requirements for health population (see § 101.14(b)(1)). promote tooth decay. claims provide protection against Although the overall incidence of The comment did not provide any questionable claims. dental caries has declined in the United 3. A comment stated that in the States, as mentioned in some comments, evidence to show that this health claim preamble to the ‘‘General Requirements dental caries is still a public health will focus the consumer’s attention on for Health Claims for Food’’ final rule issue. The disease remains one of the one nutrient rather than on a balanced (58 FR 2478, January 6, 1993), FDA most prevalent infectious diseases that diet. The claim identifies a special limited the application of the health causes substantial expense, pain, and characteristic of the food that is claims rule, based upon review of the work loss (Ref. 89). There is evidence recognized to bear on the occurrence, 1990 amendments legislative history. showing no decline in dental caries in and affect the risk, of a disease, dental The comment stated that the agency some tooth surfaces, i.e., occlusal and caries. For those interested in reducing supported limiting the type of disease proximal tooth surfaces, and a their risk of this disease, the claim relationships that would be subjected to substantial subset of children continue serves to inform them, as claims of this the health claim regime with the to exhibit a high incidence of tooth type have done for almost 20 years, of following rationale: ‘‘In the legislative decay (Ref. 95). In addition, little is this special characteristic. history, Congress focused only on those known about present trends in oral The agency also disagrees with the health claims that related to chronic health in the older population. There comment that this health claim will disease, such as cancer, heart disease, are some studies that suggest that the promote for children foods that are and osteoporosis’’ (58 FR 2478 at 2481). caries incidence in adults is devoid of nutrition. Claims for sugar The comment stated, therefore, that considerable (Ref. 95). Consequently, alcohols, unlike claims for fruits, dental caries are not the type of dental caries continues to be a disease vegetables, and grain products and heart ‘‘chronic disease’’ Congress intended to of public health concern in this country. disease authorized under 21 CFR be regulated as a health claim since 4. Three comments stated that the 101.77, for example, do not encourage dietary choices will have less of an proposed sugar alcohol health claim increased consumption of foods to help impact on tooth decay than will promotes a good food/bad food reduce disease risk. Rather, sugar numerous other factors (e.g., dichotomy, based on whether the food alcohol claims simply state that to the fluoridation of water supply). contains sugar alcohols. One comment extent these foods are consumed as Additionally, several comments alleged stated that the proposed health claim substitutes for foods that contain that dental caries is in decline in this suggests that foods not eligible to bear fermentable carbohydrates, they may country and suggested that this trend the claim will automatically contribute help reduce the risk of dental caries. justifies not finalizing the proposed to tooth decay. One comment stated that These claims in no way suggest health claim. the health claim fails to promote health adjustment in the consumption of sugar The statement within the preamble to objectives. The comment also stated that alcohol-containing foods, and to the ‘‘General Requirements for Health children should focus on a balanced extent they have such an effect, it would Claims for Food’’ final rule (58 FR 2478 diet over time for proper growth and be limited to the class of foods that at 2481) referred to in the comment was development rather than on the contain sweeteners. Given the small part of a discussion about applicability consumption of a particular ingredient. effect, if any, that the claim will have on of health claims to classical deficiency It stated that most sugar alcohol the broad range of dietary choices that nutrient diseases and was not a products contain little or no calories, people make, FDA finds no merit to this discussion on limiting claims to chronic micronutrients, or macronutrients, and comment. 43436 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

5. Some comments stated that the submitted for each of the remaining pheochromocytomas. The comment focus on sugar alcohols in the proposed substances, i.e., maltitol (GRASP noted that JECFA will be reviewing claim will detract from proper dental 6G0319), maltitol syrups (HGS syrups) these issues in 1996. (The agency notes care, although they provided no (GRASP 3G0286), isomalt (GRASP that the report from the February 1996 evidence to support this contention. 6G0321), lactitol (GRASP 2G0391), HSH meeting is not yet available.) While One comment stated that a health claim (GRASP 5G0304), and HSH syrups these comments opposed indiscriminate associated with these products may (GRASP 1G0375). The agency stated that promotion or consumption of sugar result in a decrease in oral health these GRAS affirmation petitions are alcohol-sweetened foods, they did not practices of much greater importance to under consideration, and that any argue that such ingredients were not dental health than diet, i.e., brushing, positive action resulting from the safe or lawful as ordinarily used. flossing, fluoride treatments, and proposed rule should not be interpreted The agency concludes that these professional dental care, including as an indication that the agency has comments, taken together, accurately application of dental sealants and affirmed that the general food uses of reflect the current understanding of the prophylaxis. The comments stated that the sugar alcohols according to their safety of sugar alcohols. They do not, the claim should discuss the importance respective petitions are GRAS. FDA however, provide a basis for the agency of proper oral hygiene and dental care, stated that such determinations can only to reject the petitioners’ position that including the use of fluoride toothpaste be made after the agency has completed the use of sugar alcohols is safe and daily. its review of each respective GRAS lawful or for invoking warnings in FDA does not agree that the proposed petition. Nonetheless, the agency stated addition to those already required. health claim will detract from proper that a preliminary review of the GRAS Therefore, the agency concludes that the dental care. As discussed in the affirmation petitions had revealed that requirements of § 101.14(b)(3)(ii) are proposed rule and as mentioned in they contain significant evidence satisfied. some of the comments, the incidence of supporting the safety of these C. Exemption from § 101.14(e)(6) dental caries has declined over the past substances, but that some concerns 20 years. Coincidentally, the claim about the safety of sugar alcohols do Under proposed § 101.80(c)(1), sugar ‘‘useful only in not promoting tooth exist. The agency also stated that two of alcohol containing foods must meet the decay’’ has been used for almost 20 the sugar alcohols that are listed in requirements in § 101.14, except that years on sugar alcohol-containing FDA’s food additive and GRAS sugar alcohol-containing foods are chewing gums and confectioneries. regulations, i.e., mannitol (§ 180.25) and exempt from § 101.14(e)(6), the Based on the historical use of these sorbitol (§ 184.1835), require a warning requirement that foods making health products and the decline in dental label regarding laxation if daily claims contain 10 percent or more of the caries, there is no reason to conclude consumption is expected to exceed 20 RDI or the DRV for vitamin A, vitamin that the use of this claim has taken away grams (g) per day for mannitol and 50 C, iron, calcium, protein, or fiber per from proper dental care. Further, the g per day for sorbitol. FDA stated that reference amount customarily claim is consistent with public health nothing in the proposed rule would consumed before any nutrient addition. recommendations. alter these requirements. 7. One comment asked for However, the agency agrees that The agency stated that based on the clarification that this exemption applied information about proper oral hygiene totality of the evidence, it was not, at to all sugar alcohol-containing and dental care as part of good dental this time, challenging the petitioners’ confectioneries, and not just to chewing health practices may be useful to position that the use of the enumerated gum, hard candies, and mints. consumers of sugar alcohol products. sugar alcohols is safe and lawful. FDA notes that the exemption applies This information is consistent with Although FDA tentatively concluded to all sugar alcohol- containing foods. information provided in ‘‘The Surgeon that the petitioners satisfied the The agency did not specifically limit the General’s Report on Nutrition and requirements of § 101.14(b)(3)(ii), the exemption to chewing gum and Health’’ (hereinafter referred to as the agency requested comments on its confectioneries. Because sugar alcohols Surgeon General’s report) (Ref. 7). tentative conclusion. function as sweeteners, their use has Therefore, the agency has been 6. Two comments noted that the Joint been as replacements for simple and persuaded to include this type of Food and Agriculture Organization/ complex sugars. Sugar alcohols provide information among the types of optional World Health Organization (FAO/WHO) a sweet taste and serve as bulking agents information that a manufacturer may Expert Committee on Food Additives and, consequently, are used only in provide as part of the health claim. (JECFA) has reviewed the safety data on certain product categories. However, Section 101.80(d)(3) (21 CFR these sugar alcohols and concluded that these food categories are sufficiently 101.80(d)(3)) provides that the claim their use is safe, with no need for diverse as to make specific definitional may state that oral hygiene and proper restriction other than good criteria difficult. For this reason, FDA dental care may help to reduce the risk manufacturing practices. One of these has not limited the exemption to of dental caries. comments stated that there is sufficient specific foods. However, the agency documentation to support a general wishes to point out that a food must still B. Safety Issues recognition of safety. meet all of the other requirements in In its proposal, the agency noted that Three comments stated that sugar § 101.80(c)(2)(ii) to be eligible to bear several of the sugar alcohols that are the alcohols can pose health problems, the claim. subject of this proceeding are listed in citing specifically the well-known 8. Two comments that agreed with FDA’s food additive and generally gastrointestinal disturbances, such as FDA’s tentative decision to exempt recognized as safe (GRAS) regulations, stomach pain and diarrhea, that can sugar alcohol-containing foods from i.e., xylitol (§ 172.395 (21 CFR 172.395)), result from excessive consumption. One § 101.14(e)(6) requested that sugar mannitol (§ 180.25 (21 CFR 180.25)), of these comments also noted safety alcohol-containing products also be and sorbitol (§ 184.1835 (21 CFR issues raised regarding animal data that exempt from the requirement of 184.1835)) (see 60 FR 37507 at 37509). associate consumption of large amounts § 101.14(e)(3) relating to foods with In addition, it stated that GRAS of sugar alcohols with adrenal disqualifying levels of fat, saturated fat, affirmation petitions have been medullary hyperplasia and cholesterol, or sodium. One comment Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43437 stated that the agency has authority to of these claims on food products. FDA starches, can promote tooth decay. As grant exemptions from this requirement highlighted factors that it would stated in the recently revised Dietary when a health claim will assist consider in deciding whether to exempt Guideline for Americans (Ref. 101), both consumers in maintaining healthy a food from disqualification, including the frequency of consumption and the dietary practices. The comment stated the level of public health importance, duration of exposure of teeth to sugars that an exception is warranted because the availability of foods that qualify for and starches contribute to the risk of the health claim will assist consumers a health claim, and evidence that the dental caries. However, the agency in making decisions relating to dental population the claim targets is not at points out that, as outlined in the health in all contexts in which the claim risk for the disease associated with the proposal, the basis for the proposed is used. The comments stated that the disqualifying nutrients. It stated that claim centers around the use of sugar presence of high levels of fat, saturated exceptions to § 101.14(e)(3) should be alcohols in place of sugars. Sugar fat, cholesterol, or sodium does not granted on a case-by-case basis, using a alcohols cannot be used in place of all conflict with the health message petition process. It also proposed new fermentable carbohydrates. Rather, because these nutrients are not § 101.70(f) (21 CFR 101.70(f)) to provide sugar alcohols function as sweeteners adversely associated with dental health. guidance for petitioners requesting an and bulking agents, and their use is FDA has established different exception to the prohibition in primarily in the manufacture of gums disqualifying levels for different § 101.14(e)(3) of health claims for foods and confectioneries. Moreover, the categories of foods, depending on the exceeding the disqualifying levels significance of the claim in the context role that they play in the daily diet. identified in § 101.14(a)(5) (see 60 FR of the total daily diet is based upon: (1) Section 101.14(a)(5) defines the 66206 at 66224). The presence in the diet of foods disqualifying level for individual foods The comment did not submit any sweetened with simple and complex as 20 percent of the Daily Values (DV’s) information of the type that FDA needs sugars, and (2) the fact that sugar for total fat, saturated fat, cholesterol, as the basis for an exemption. In the alcohols, because of their very low and sodium. These levels translate to absence of such information, FDA finds fermentability, when substituted for 13.0 g of total fat, 4 g of saturated fat, that it cannot conclude that the other sugars, do not promote dental 60 milligrams (mg) of cholesterol, and population at risk for dental caries is not caries. 480 mg of sodium per reference amount at risk, for example, for heart disease. Nonetheless, the agency agrees that it customarily consumed, per labeled The agency is therefore denying the would be helpful to consumers to be serving size, and, for foods with request to exempt sugar alcohol- informed about the overall role of reference amounts customarily containing foods from the disqualifying fermentable carbohydrates in the diet consumed of 30 g or less or 2 levels established in § 101.14(a)(5). and thus is persuaded to revise tablespoons or less, per 50 g. The § 101.80(a)(2) and (a)(4) to reflect that all regulations also make additional D. Relationship Between Sugar Alcohols fermentable carbohydrates, i.e., sugars allowances for main dish products and and Dental Caries and starches, are cariogenic and to meal-type products (see § 101.14(a)(5)(i) 9. Some comments stated that in the include in these paragraphs information and (ii)). proposal the agency had correctly about dental caries provided in Dietary A food that exceeds the disqualifying identified the interaction between Guidelines for Americans (Ref. 101). In level for any of the four disqualifying sugars and other fermentable proposed § 101.80(a)(2), the agency nutrients may not bear a health claim carbohydrates and oral bacteria in the described the relationship between unless the agency has granted an development of dental caries. However, dietary sugars and tooth decay, that is exemption ‘‘based on a finding that such these comments stated that the how bacteria metabolizes sugar, causing a claim would assist consumers in proposed health claim puts undue acid and forming plaque. This was maintaining healthy dietary practices’’ emphasis on sugars and sucrose in the followed by a statement that the dental (section 403(r)(3)(A)(ii) of the act). causation of dental caries. The plaque results in more acid that The comment requesting the comments stated that the dental deminarilizes enamel after prolonged exemption of sugar alcohol-containing community is unanimous in the view exposure. The final statement was a foods from the disqualifying levels that all fermentable carbohydrates, not precaution then, that between-meal provided no evidence to demonstrate just sugars, have the potential to consumption of sugary foods would that the presence of the claim on foods contribute to tooth decay. One comment cause more tooth decay. In this containing high levels of fat, saturated stated that to the extent that dietary document, the agency is changing fat, cholesterol, or sodium will benefit factors play a role in caries, the most § 101.80(a)(2) to include the relationship consumers other than to suggest that the important factor is frequency of between consumption of fermentable claim would appear on more foods. This consumption of fermentable carbohydrates and starches, as well as rationale is not consistent with the basic carbohydrates and not consumption per dietary sugars, to tooth decay. The last notion that it makes no sense to include se. One comment quoted the report of sentence states that ongoing exposure to a health claim in the labeling of a food the Dietary Guidelines Advisory starches, as well as dietary sugars, that contains other nutrients at a level Committee on the Dietary Guidelines for increases the risk for tooth decay. that increases the risk of other diseases Americans, 1995 (Ref. 101) which states: unless a clear benefit for consumers can The agency notes that sucrose is still be demonstrated (see 58 FR 2478 at [B]oth sugars and starches can promote considered the most cariogenic sugar, tooth decay. The more often you eat foods 2489 to 2490). that contain sugars and starches, and the and that this substance has been shown In ‘‘the 1995 nutrient content and longer these foods are in your mouth before to promote the growth of plaque more health claims proposed rule,’’ FDA has you brush your teeth, the greater the risk for than other sugars (Ref. 71). Therefore, considered the instances where tooth decay. Thus, frequent eating of foods the agency is highlighting, and disclosure rather than disqualification high in sugars and starches as between-meal permitting the use of the statement may be appropriate and discussed these snacks may be more harmful to your teeth regarding, the cariogenicity of sucrose. in this proposal to amend its regulations than eating them at meals and then brushing. In addition, consistent with on nutrient content and health claims to FDA agrees that all fermentable § 101.4(b)(20), the term ‘‘sugar’’ may be provide additional flexibility in the use carbohydrates, including sugars and used as a synonym for ‘‘sucrose.’’ 43438 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

The agency is also revising subjectively by the consumer, does not could be misled. In light of these § 101.80(a)(4) to state that sugar alcohols correlate with the actual retention of the changes, the agency has revised the title can be used as sweeteners to replace food on human dentition in vivo (Refs. of § 101.80(a) to more accurately reflect dietary sugars, such as sucrose and corn 92 and 93). Therefore, the agency is the contents of this paragraph. The sweeteners, in foods such as chewing deleting reference to sticky foods in revised title is ‘‘Relationship between gums and confectioneries, and that they § 101.80(a)(2). dietary carbohydrates and dental are significantly less cariogenic than 11. Several comments disagreed with caries.’’ dietary sugars and other fermentable the statements that U.S. diets tend to be 12. Some comments stated that there carbohydrates. The agency is adding the high in sugars, and that government is no indication that a sugar alcohol and statement regarding ‘‘corn sweeteners’’ organizations recommend decreased dental caries health claim will have any to reflect the fact that sugar alcohols are consumption of sugars. The comments impact on sugars consumption or on the used to replace more than sucrose in stated that FDA’s 1986 Sugars Task incidence of dental caries in the U.S. chewing gums and confectioneries, and Force report (Ref. 94) concluded that the population. The comments stated that that they are used primarily as average daily intake for added sugars sugars consumption remained stable sweeteners. The agency is deleting the accounted for 11 percent of the daily from 1977 to 1988, and that dental statement, ‘‘Thus, replacing dietary calorie intake for the total population. caries decreased during that time. One sugars with sugar alcohols helps to One comment stated that this amount comment stated that dietary counseling, maintain dental health,’’ from approximates the amount (10 percent) to the general public, on sugar § 101.80(a)(4) because it is a statement recommended by the Select Committee consumption is an ineffective caries of the significance of the relationship on Nutrition and Human Needs in its prevention technique. The comment between sugar alcohols and dental second edition of Dietary Goals for the stated that dietary guidelines do not caries which is addressed in § 101.80(b). United States (1977) (Ref. 100). The advocate the reduction in sugars in the Consequently, this statement is comments stated that current dietary diet as a means to lower the incidence superfluous in § 101.80(a). The agency guidelines advise that sugars be used of dental caries. concludes that, with the above only in moderation but not restriction of The intent of the health claim is to revisions, § 101.80(a)(2) and (a)(4) sugars consumption. One comment provide consumers with public health accurately reflect the relationship stated that the proposed health claim information that will enable them to between fermentable carbohydrates and implicates sugars as a diet and disease make dietary choices that can affect dental caries and are not misleading as concern, which will mislead consumers their risk of dental disease. Dental caries to the role of sugar alcohols in not as to the health significance of sugar are recognized as an important and promoting tooth decay. consumption. widespread public health problem in The agency is also deleting proposed FDA agrees that the focus of dietary the United States. Although dental § 101.80(d)(2), which permitted use of guidance for the general population is to caries among children are declining, the the term ‘‘sugar’’ or ‘‘sucrose’’ when choose a diet moderate in sugars and to overall prevalence of the condition referring to sucrose. Since § 101.80(d)(1) avoid excessive snacking (Ref. 101). imposes a substantial economic burden allows the claim to include information Therefore, FDA has modified because of the health care costs from § 101.80(a), and § 101.80(a)(2) has § 101.80(a)(3) to delete statements associated with care for this condition. been revised to include ‘‘sugar’’ as a regarding the sugars consumption in the In addition, as discussed in section II.A. synonym for ‘‘sucrose,’’ § 101.80(d)(2) is American diet and dietary of this document, there is evidence to repetitive and unnecessary. As a result recommendations to reduce sugars show that the decline in dental caries of this action, proposed § 101.80(d)(3) is intake. In their place, FDA has included may not apply to all tooth surfaces, and being redesignated as § 101.80(d)(2). information from the recent Dietary that a substantial subset of children FDA is also adding in new Guidelines for Americans (Ref. 101) in continue to exhibit a high incidence of § 101.80(d)(3) information regarding the § 101.80(a)(3), which states that dental tooth decay (Ref. 94). In addition, little importance of proper dental care in caries is still widespread in the United is known about trends in oral health in response to the comments discussed in States creating a burden on Americans. the older population. There are some comment 5 of this document. The government’s dietary guidelines studies that suggest that the caries 10. Some comments stated that the suggest selecting diets with moderation incidence in adults is considerable (Ref. agency’s emphasis in the proposal on in sugars and avoidance of excessive 95). Until means of preventing dental sticky foods as a factor in dental caries snacking. Because snacks rich in sugars caries are available to the entire U.S. was inaccurate. One comment stated and starches may result in a greater population, dietary counseling is an that more recent scientific evidence incidence of tooth decay since they are important element of dental care (Ref. does not support the relationship less likey to be followed by brushing. 95). between foods that easily stick to teeth The agency disagrees with the The sugar alcohol-containing foods and dental caries. The comment comment that the health claim will that have used this dental caries claim included a study to support this mislead consumers as to the health over the past 20 years have primarily assertion. The comment stated that the significance of sugars consumption. been snack foods, i.e., chewing gums high starch and low sugar foods are Sugars consumption has long been and confectioneries. Snack foods are a retained on teeth longer than high sugar associated with risk of dental caries, and part of the diets of many Americans. As and low starch foods. One comment information reflecting this fact is a stated in the recent Dietary Guidelines stated that a health claim statement common component of public health for Americans (Ref. 101), frequent about foods that easily stick to teeth is education efforts. Moreover, as a result between-meal snacks that are high in misleading and could drive consumers of the changes that FDA has made, sugars and starches may be more towards erroneous food choices in the § 101.80(a)(2), (a)(3), and (a)(4) harmful to teeth than eating the same interest of avoiding what they think are accurately reflect the relationship that foods at meals and then brushing. sticky foods. exists among sugar alcohols, dietary Therefore, chewing gums and The agency concurs that the evidence sugars and other fermentable confectioneries that contain sugar submitted suggests that the degree of carbohydrates, and dental caries. Thus, alcohols but no fermentable stickiness of a food, as perceived there is less chance that consumers carbohydrates provide an alternative Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43439 food choice for those consumers who showed acid production from sorbitol The agency concludes, based on the enjoy sweetened snack foods yet are after a prolonged period of incubation evidence, that frequent or long-term use interested in dental health. (22 hours) have little relevance to the in of sugar alcohols, especially in the The comments incorrectly suggest this vivo situation. In vivo studies have context of a daily diet that contains health claim is intended to imply that shown that plaque pH drops only other carbohydrates that are sugar alcohol-containing foods will marginally after consumption of preferentially metabolized by oral prevent dental caries. The agency sorbitol-containing foods (Ref. 95). bacteria, may result in some adaptation wishes to highlight the difference Moreover, plaque pH telemetry tests by the bacteria in plaque to these between a prophylactic effect and a have been used to assess the acidogenic substances. The effect, however, would nonpathologic effect. The proposed potential of sorbitol on plaque in situ not be such that consumption of sugar claim does not state that sugar alcohols (Ref. 95). These tests have demonstrated alcohols would contribute in any way to provide a prophylactic benefit, i.e., the consistently that the consumption of the risk of dental caries in the general claim is not that they will prevent tooth sorbitol is not associated with an population. decay. Rather, the claim states that sugar acidification of dental plaque that alcohols do not promote dental caries. F. Nature of Claim and Optional would suggest cariogenic risk. Information The evidence supports a beneficial role As discussed in the proposed rule (60 of sugar alcohols in the absence of other FR 37507 at 37523), there is evidence In § 101.80(c)(2)(i), the agency carbohydrates in maintaining plaque pH that suggests that long-term, proposed specific requirements on the above a level that promotes enamel uninterrupted consumption of sorbitol nature of the claim, including the use of demineralization. results in adaptation by oral bacteria statements such as ‘‘does not promote,’’ and, therefore, in more acid production. ‘‘useful in not promoting,’’ or ‘‘expressly E. Significance of the Relationship for not promoting’’ dental caries. In However, microbiological studies have Between Sugar Alcohols and Dental § 101.80(c)(2)(i)(C), FDA proposed, that shown that the final pH obtained after Caries for packages with a total surface area long-term exposure to sorbitol remained Under proposed § 101.80(b), the available for labeling of 15 or more above a plaque pH level associated with agency stated that sugar alcohols do not square inches, the claim state that cariogenic risk (Ref. 96, 98, 99, and 102), promote dental caries because they are dental caries depends on many factors. and that pre- and post-adaptation rates slowly metabolized by bacteria to form 14. Several comments stated that the of acid production from sorbitol in vitro some acid. The rate and amount of acid proposed regulation should require that are very similar and very low compared production from sugar alcohols is the labeled claim identify other dietary to glucose (Ref. 102). Additionally, significantly less than that from sucrose, factors that are associated with dental adaptation is inhibited in the presence and therefore consumption of sugar caries. One comment stated that the of glucose, as bacterial metabolism alcohols does not cause the loss of claim should allude to the role of all preferentially switches to the metabolic minerals from tooth enamel. fermentable carbohydrates in the 13. Some comments argued that there substrate that is more readily used as an development of dental caries, although is scientific evidence to show that oral energy source (Refs. 46, 95, and 60 FR the comment did not provide data to bacteria can adapt to sorbitol, thus 37507 at 37512). At the same time that show that the term ‘‘fermentable making it cariogenic. One comment bacteria switch to glucose as the carbohydrates’’ is meaningful to stated that there is considerable debate preferred energy source, the mechanism consumers. Other comments over the potential for an adaptive shift that enables them to metabolize sorbitol emphasized the importance of in the oral ecology in response to the is repressed (Ref. 95). addressing issues related to frequent consumption of sugar alcohols, Bacteria in plaque may also show consumption of fermentable specifically that plaque bacteria may some level of adaptation to long-term carbohydrates. adapt to xylitol, thus making it exposure to mannitol (Ref. 97). As with Issues related to providing potentially cariogenic. sorbitol, however, the amount of acid information about dietary factors are FDA notes that the fermentability of produced from bacterial metabolism of relevant to the requirement that the sorbitol and other sugar alcohols, in mannitol is small and very slow claim enable the public to understand human and animal models and in vitro, compared to bacterial metabolism of the significance of the information in was discussed in the proposed rule (60 glucose. The study results showed that the context of a total daily diet (section FR 37507) and has been reviewed in a final plaque pH levels in situ did not 403(r)(3)(B)(iii) of the act). Therefore, in number of published articles (Refs. 95 to drop to levels that demineralized dental considering these comments, the agency 99 and 102). This information shows enamel (Ref. 97). reviewed the dietary context in which that fermentation of sorbitol proceeds at In response to the comment that the claim would be presented. While the a slow rate, with a final pH remaining plaque bacteria may adapt to xylitol, claim for sugar alcohols is about the above the low pH levels achieved with thus making it potentially cariogenic, effect of using them to replace dietary glucose or sucrose. the agency notes that some in vitro sugars, the agency is persuaded that the In vitro studies have shown that studies have isolated plaque claim should include information to set dental plaque, when incubated with microorganisms capable of metabolizing the message within the broader context sorbitol, did not produce enough acid to xylitol. Incubating certain strains of of fermentable carbohydrates so as to cause enamel decalcification. Some bacteria over prolonged time showed provide overall dietary information investigators note, however, that it may increased acid production from xylitol potentially beneficial to consumers. It is be very misleading to extrapolate from (Ref. 97). The amount of acid produced, well accepted that the relationship an in vitro pure culture situation to that however, was very small and has not between diet and the development of of a mixed microbial community in vivo been shown to promote dental enamel dental caries is based on the interaction (Ref. 102). demineralization. There is no evidence between oral bacteria and the presence In addition to the fact that the use of to show that adaptation to xylitol is of substances that support the growth a purified culture does not reflect a maintained when plaque bacteria are and development of these bacteria, normal mix of the types of oral bacteria, exposed to other fermentable especially the bacteria in plaque, and on the results of in vitro studies that carbohydrates in the daily diet. the production of acid in dental plaque. 43440 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

As noted in several of the comments, it document) may reduce the risk of tooth 16. One comment stated that the is also well accepted that dietary decay (§ 101.80(c)(2)(i)(B)). elements of the claim for small packages carbohydrates, such as dietary sugars Further, to assist consumers in do not adequately explain the and starches, are readily fermented by comprehending the information specific significance to a person’s diet of oral bacteria and can promote the to this claim within the context of the including the particular food product growth and development of these total daily diet, and to avoid confusion bearing the claim. bacteria. about sugar alcohols’ role in the diet As discussed in the proposed rule (see Further, in its review of the scientific given the inclusion of information about 60 FR 37507 at 37525), the claim evidence in the proposal (60 FR 37507), starches, FDA is providing in ‘‘useful in not promoting tooth decay’’ the agency tentatively concluded that, § 101.80(d)(4) that the claim may state has been used on a limited number of in the absence of other fermentable that the sugar alcohol serves as a foods, primarily chewing gums and carbohydrate-containing foods, sugar sweetener. This information will clarify confectioneries, for 20 years. This claim alcohol-containing foods did not that the sweetener used in the product has a history of being used by promote dental caries because they do does not promote tooth decay. consumers without particular not lower plaque pH to the level Additionally, the agency recognized confusion. Thus, the agency concludes associated with enamel in preparing the final rule that it had that it is not necessary to include demineralization. The agency received inadvertently failed to provide for the additional information as part of this no comments or additional data to cause declaration of the nutrient in proposed claim when it appears on small it to change this tentative finding. § 101.80(c)(2)(i). Therefore, FDA is packages to prevent it from being Therefore, the agency now concludes adding § 101.80(c)(2)(i)(C) which states misleading. that, for the public to understand fully, that in specifying the nutrient, the claim 17. Some comments stated that it was in the context of other dietary shall state ‘‘sugar alcohol,’’ ‘‘sugar important that label statements of the components, the relationship between alcohols,’’ or use the name of the claim include reference to nondietary consumption of sugar alcohols and the specific sugar alcohol. This approach is factors, particularly oral hygiene, that promotion of dental caries, information consistent with the approach that the are associated with dental caries. One about other carbohydrates needs to be agency has taken in § 101.9(c)(6)(iii) on comment stated that dental care and the declaration of sugar alcohols within oral hygiene are more important factors included as part of the claim. the Nutrition Facts panel. in the nonpromotion of dental caries In addition, the agency acknowledges In light of these revisions, FDA has than the substitution of sugar alcohol- the comments’ emphasis on issues redesignated proposed containing foods for sugar-containing related to frequency of consumption. § 101.80(c)(2)(i)(A) (see 60 FR 37507 at foods. The importance of this factor is 37530) as § 101.80(c)(2)(i)(B) and One comment, however, stated that supported by the Dietary Guidelines for redesignated proposed the requirement that a claim state that Americans (Ref. 101). FDA addressed § 101.80(c)(2)(i)(B), in which the agency tooth decay depends on many factors this aspect of the diet-disease stated that the terms ‘‘dental caries’’ or (for larger packages) does not add to an relationship when it included a ‘‘tooth decay’’ be used to specify the understanding of the claim and would statement concerning frequent between disease, as § 101.80(c)(2)(i)(D). There only confuse the message that sugar meal consumption in an example of a were no comments on the latter alcohol-containing products do not model health claim. provision. promote tooth decay. Other comments Therefore, in response to the 15. One comment agreed with the supported an abbreviated claim and comments, FDA is adding abbreviated claim and stated that it asserted that reference to the § 101.80(c)(2)(i)(A), which provides that carries the necessary consumer message. multifactorial etiology of dental caries the claim must include the information The comment further stated that, as a does not add information needed by that frequent between-meal result, package size should not consumers. consumption of foods high in sugars determine the length of the health As discussed in the proposal, the and starches can promote tooth decay. claim. agency acknowledges that the This information is consistent with the The agency disagrees. As discussed in development of dental caries involves a information provided to consumers in the agency’s response to comment 14., complex interplay of many factors, both the Dietary Guidelines for Americans issues related to providing information dietary and nondietary. Nonetheless, (Ref. 101), which states that frequent about dietary factors are relevant to the while there is an important role for eating of foods high in sugars and requirement that the claim enable the dental care and oral hygiene in reducing starches as between-meal snacks can public to understand the significance of the incidence of dental caries, the promote tooth decay. The agency is the information in the context of a total agency notes that current and well using the phrase ‘‘sugars and starches,’’ daily diet (section 403(r)(3)(B)(iii) of the recognized recommendations also stress which is used by the Dietary Guidelines act). While the claim for sugar alcohols the role of diet. for Americans (a document intended for is about the effect of using them to In response to comments described the general public), because it is replace dietary sugars, the agency is above, the agency has considered the apparently more familiar to consumers, persuaded by other comments that the need for the inclusion of statements and thus likely to be better understood claim should include information to set within the label claim concerning the by them, than is the phrase the message within the broader context multifactorial nature of dental caries ‘‘fermentable carbohydrates.’’ of fermentable carbohydrates and their and information on nondietary factors to Consistent with the proposal, the frequency of consumption so as to help reduce the risk of this disease. information that FDA is requiring on provide overall dietary information that The agency notes that comments that packages with a total surface area is useful to consumers. The importance requested that the agency require that available for labeling of 15 or more of fermentable carbohydrates and of the nondietary factors be included in the square inches must include a statement frequency of consuming such foods health claim provided no evidence that that the sugar alcohols present in the between meals is supported by the claims about the relationship among food do not promote tooth decay or (as Dietary Guidelines for Americans (Ref. sugar alcohols, fermentable discussed in comment 17 of this 101). carbohydrates, and dental caries are Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43441 misleading if a reference to nondietary superiority of certain sugar alcohols in stated that the pH of 5.7 is an factors is not included in the claim. affecting the occurrence of dental caries. appropriate threshold value for the pH Given the unique history of this claim, The proposal on sugar alcohols when measured at the inner plaque i.e., that it has been used for focused on the nonpromotion of dental surface (i.e., at the interface between approximately 20 years, and the fact caries, but it was not the agency’s intent plaque and dental enamel) at that the incidence of dental caries has to specifically exclude the concept of interproximal sites. The comment stated decreased over that period, the agency risk reduction from the claim. In that a different threshold pH value is is not persuaded that the absence of response to this comment, the agency appropriate for plaque pH reference to specific nondietary factors considered the coverage of the claim measurements obtained with other in this claim has had adverse effects that and noted that, in proposed techniques and at other sites. would suggest that the claim is § 101.80(d)(3), it had listed risk factors In the proposed rule, the agency also misleading. for dental caries. One factor listed was stated that the acidogenicity of HSH and Moreover, FDA has decided not to the frequent consumption of sucrose or other sugar alcohol mixtures is related require that the statement ‘‘depends on other fermentable carbohydrates. The to the manufacturing process, and that many factors’’ be included as part of the substitution of sugar alcohols in diets the process may vary among claim on products with 15 or more for foods containing sucrose or other manufacturers. The agency asked for square inches of space available for fermentable carbohydrates reduces comments on how to determine whether labeling. The fact that the incidence of exposure to one risk factor for dental sugar alcohol mixtures, such as HSH, dental caries has declined over the past caries. Thus, FDA has concluded that it when used in a food whose label bears 20 years strongly suggests that public is appropriate to characterize the a dental caries health claim, are in health education, including information relationship as ‘‘may reduce the risk.’’ compliance with any final rule resulting in preventive dental measures, that has To make this finding explicit, the from the proposal (60 FR 37507 at been available to consumers during this agency has inserted the phrase ‘‘may 37524). One comment stated that the period has been effective (Ref. 95). reduce the risk’’ in § 101.80(c)(2)(i)(B). agency’s concern regarding the potential Moreover, as stated above, FDA is aware As for claims of superiority, the acidogenicity of HSH is covered with of the unique history of this claim. agency notes that the provision of the the plaque pH test. Given the history of this claim and the act that authorizes health claims focuses When FDA asked for comments in the public education that has been on diet/disease relationships. Once a proposal about establishing a minimum available, FDA has reconsidered its relationship is established, there is no plaque pH requirement, it was tentative view that the statement further provision within the health addressing concerns that a sugar ‘‘depends on many factors’’ is necessary claim regime for claims of superiority in alcohol-containing food might also to the consumer understanding of the affecting the disease in question. A contain a fermentable carbohydrate that claim. FDA concludes that the available manufacturer who makes a statement on would render the food cariogenic (60 FR evidence demonstrates that the claim is the label or in labeling of a food 37507 at 37526). The application of the complete without this information, and, concerning the superiority of the effect plaque pH test is thus predicated on the therefore, that this information need not of one substance compared to another inclusion of fermentable carbohydrates be made a required element of this does so at the risk that FDA will find the in a food that contains sugar alcohols. health claim. However, the agency is claim to be false and misleading and Consequently, there is no need to providing that the information may be thus subject to regulatory action under exempt certain sugar alcohol-containing included in the health claims. section 403(a) of the act. foods from the plaque pH test. Rather, Thus, in this document, the agency is if sugar alcohols are used as sweeteners G. Plaque pH Test deleting proposed paragraphs in a food, and there are no fermentable § 101.80(c)(2)(i)(C) and (c)(2)(i)(D). It is In § 101.80(c)(2)(ii)(C), FDA proposed carbohydrates in the food, testing is not modifying § 101.80(d)(2) to provide that to provide that to qualify to bear a necessary. the claim may state that the claim, the sugar alcohol-containing food In response to the comment development of dental caries depends not lower plaque pH below 5.7 by concerning the need for manufacturers on many factors and list those risk bacterial fermentation either during to have flexibility in selecting the factors. In place of proposed consumption or up to 30 minutes after method for measuring plaque pH, the § 101.80(c)(2)(i)(C), the agency is consumption, as measured by in vivo agency points out that it does not requiring in § 101.80(c)(2)(i)(F) that the tests. The agency asked for comments require manufacturers who wish to claim not imply that consumption of on this approach. make the health claim to perform the foods containing sugar alcohols is the 19. Two comments asked that FDA plaque pH test, nor does it require that only recognized means of achieving clarify that sugar alcohol-containing a specific procedure be used when the reduced risk of dental caries. Consistent chewing gums and confectioneries will test is performed. However, the agency with these changes, FDA has deleted the be exempt from any plaque pH test is specifying in § 101.80(c)(2)(ii)(C) the model claim in proposed § 101.80(e)(2) requirement. One comment stated that method that it will use to determine that illustrated a claim with the the plaque pH requirement should be whether a food complies with the statement ‘‘depends on many factors.’’ specific to sugar alcohol-containing plaque pH requirement in this 18. One comment suggested since the foods that also contain fermentable regulation. In doing so, FDA is agency had proposed to authorize a carbohydrates. One comment stated that responding to the comment that claim using the terminology ‘‘does not manufacturers can tell from the requested that the agency specify the promote,’’ then a claim relative to composition of the food if the plaque pH procedure. Manufacturers are free to reducing the risk for dental caries was test is needed. One comment stated that decide for themselves whether and how a separate claim that would not be the agency should give manufacturers to test their products to satisfy authorized by a final rule in this flexibility in selecting the best protocol themselves that the foods comply with proceeding. The comment suggested for testing plaque pH. One comment § 101.80(c)(2)(ii)(C)). If they fail to do so, that it would be necessary to obtain requested that the agency be more they risk that FDA will find in its separate authorization for such a claim specific as to the type of test used to compliance testing of their food that the as a means of conveying the relative determine plaque pH. The comment food does not comply with the plaque 43442 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations pH standard and thus is subject to (§ 101.14(b)(3)(ii)). Moreover, the agency substance in question, e.g., regulatory action. would expect, in the case of a new sugar polydextrose, meets the entire set of The plaque pH test that the agency alcohol, to see evidence that the criteria for a health claim, the will use to determine whether a food is substance will not lower plaque pH authorization for the claim cannot be in compliance with this final rule is the below 5.7. If such showing is made, broadened to include other substances. indwelling plaque pH method, an FDA will take action to add the In response to the comment as to why intraoral telemetry method. The Swiss substance to the list in this regulation, the claim is being allowed on foods that have used this method since 1969 for which has been renumbered as contain sugar alcohols (and meet other regulatory purposes, and it has been § 101.80(c)(2)(ii)(B). criteria) and is not limited to only gums shown to be very reliable (Ref. 75). The 21. Two comments requested that and confectioneries, the agency points indwelling plaque pH method is FDA make provision in this regulation out that the claim is based upon the considered by many as the benchmark for additional FDA approved substitution of sugar alcohols for for plaque pH testing (Ref. 46). It is not ingredients, e.g., polydextrose, that fermentable carbohydrates, not on the the agency’s intent to use this method satisfy the requirement that they do not use of certain foods. To the extent that of plaque pH testing as a means to rank lower plaque pH below 5.7. The consumers can select foods that contain the relative cariogenicity of foods; comments stated that this would obviate fewer fermentable carbohydrates, their rather, the agency will use this method the need to amend the regulation as chances of reducing their risk of to determine whether foods that contain additional ingredients become available developing dental caries are increased. both sugar alcohols and fermentable in the future. One comment stated that Limiting the claim to certain categories carbohydrates qualify to bear this health the plaque pH test serves as the true of foods would limit the significance of claim. marker of noncariogenicity, not the the claim and not serve the interests of With regard to the agency’s request for presence of sugar alcohols or the the consumer. comments about the potential absence of sugars. The comment I. Other Issues acidogenicity of HSH and other sugar suggested that the plaque pH test is the alcohol mixtures, the agency agrees with only critical endpoint necessary to The agency proposed that any final the comment that stated that the justify use of this health claim. rule that may issue based upon the agency’s concern regarding the potential One comment noted that the agency proposal become effective 30 days acidogenicity of HSH is covered with suggested that this claim will apply following its publication. the plaque pH test. Manufacturers who primarily to snack foods that do not 22. Two comments requested that produce HSH will be responsible to play a fundamental role in structuring a FDA change the effective date of the ensure that their product, when used in healthy diet. The comment stated that final rule to 6 months following its a food that bears a dental caries health other food products could be designed publication. The comments stated that claim, is in compliance with the to not lower plaque pH below the this change would allow time for § 101.80. If sugar alcohol mixtures, such required level of 5.7. The comment industry to change labels on products as HSH, are used as sweeteners in a stated that products widely known to be that may need changing if wording food, and there are no fermentable noncariogenic and to have a role in a changes on the claim are needed. carbohydrates contributed by the sugar healthy diet, e.g., cheese, would be FDA has considered the issue of the alcohol mixture or in the food, plaque unable to bear this claim. The comment compliance date and has concluded that pH testing is not necessary. If suggested that the claim be limited to the compliance date for this regulation fermentable carbohydrates are present, chewing gums and confectioneries, will be January 1, 1998. This date is manufacturers will need to ensure that although the comment provided no consistent with that proposed by FDA in the mixture does not lower plaque pH background on how to differentiate the ‘‘Uniform Compliance Date for Food below 5.7. confectioneries from snack foods, nor Labeling Regulations’’ proposal rule did it provide evidence as to how this (hereinafter referred to as the ‘‘uniform H. Applicability of Claim to Other limitation would advance the purposes compliance date’’ proposed rule) (61 FR Substances of the health claim provisions of the act. 16422, April 15, 1996). In that In proposed § 101.80(c)(2)(ii)(B), the FDA is denying the requests to make document, the agency stated that it agency specified the substances (i.e., provision in this final rule for other periodically has announced uniform sugar alcohols) that are the subject of ingredients, such as polydextrose, that compliance dates for new food labeling the sugar alcohol and dental caries do not lower plaque pH below 5.7. The requirements. It stated that use of a proposed regulation. requirement that the food not lower uniform compliance date provides for 20. Two comments requested that plaque pH below 5.7 is not the only an orderly and economical industry proposed § 101.80(c)(2)(ii)(B) be criterion that must be satisfied for a food adjustment to new labeling modified to allow any sugar alcohol that to bear the health claim. The agency requirements by allowing sufficient lead may be developed in the future to fall recognizes that there may be scientific time to plan for the use of existing label under this health claim without evidence to show that foods that do not inventories and the development of new amending the regulation. contain sugar alcohols would qualify to labeling materials. FDA stated that this FDA is denying this request. Under bear a nonpromotion of dental caries policy also serves consumers’ interests the general requirements for health health claim. However, the health claim because the increased cost of multiple claims, the petitioner must show how petition that is the subject of this short-term label revisions that would the substance that is the subject of the rulemaking (Ref. 1), which was filed in otherwise occur would likely be passed health claim conforms to the accordance with the requirements of on to consumers in the form of higher requirements of § 101.14(b). For those § 101.70, addressed only certain sugar food prices. Although FDA is adopting substances that are to be consumed at alcohols and presented the scientific January 1, 1998, as the compliance date, other than decreased dietary levels, the evidence pertaining to those substances. the agency is encouraging firms to begin petitioner must demonstrate to FDA’s The agency did not review the totality voluntary compliance as early as satisfaction that the substance is safe of publicly available evidence on the possible after publication of this rule and lawful under the applicable food cariogenicity of other ingredients or and to begin making changes when they safety provisions of the act other foods. Without assurances that the reprint their labels. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43443

III. Decision to Authorize a Health young children. The second comment Although the benefits of this rule are Claim Relating Sugar Alcohols to stated that, because gums and candies minimal, the costs of this regulation are Dental Caries that contain sugar alcohols are more also anticipated to be small. FDA is FDA has considered all of the expensive than other sweets, some aware that some firms are already using comments that it received in response to consumers may purchase them with similar claims on product labels. It is the sugar alcohol and dental caries funds that otherwise would be used for likely that most of these claims satisfy health claim proposal. The agency preventive dental health measures. the criteria described in this concludes that the relationship between The agency is unconvinced by these rulemaking. However, because FDA is sugar alcohols and dental caries is comments. Because the claim is already requiring er claims for larger package truthful, not misleading, and being used on many products in ways sizes, some product labels may need to scientifically valid in that there is that would satisfy the conditions for use be revised. To the extent that labels significant scientific agreement based on as approved by this regulation, the need revision, this final rule will the totality of publicly available agency does not agree that the claim impose costs. On average, the scientific evidence that sugar alcohols will cause consumers to switch from administrative, redesign, and inventory do not promote dental caries. Therefore, sugar-containing products to existing disposal costs of revising a label for the FDA is authorizing this claim, although products containing sugar alcohols. affected product categories within a six based on some of the comments, the Therefore, it is unlikely that this month compliance period are between agency has been persuaded to make a regulation will result in any significant $800 and $1525 per label depending on number of editorial changes in the changes in consumer behavior. In fact, the location of the claim. Because FDA proposed codified material of the health any change in consumer behavior does not know the number of sugar claim. because of sugar alcohols most likely alcohol claims currently being made nor has already taken place. This regulation the proportion of existing claims that do IV. Environmental Impact is thus not expected to cause an increase not meet FDA’s criteria, the agency The agency has previously considered in gastric problems. cannot estimate the total costs of this the environmental effects of this rule as The agency also does not agree that regulation. announced in the proposed rule (60 FR this regulation is likely to result in a The Regulatory Flexibility Act as 37507). At that time, the agency decrease in preventive dental health amended requires analyzing options for determined under 21 CFR 25.24(a)(11) measures. Consumers of sugar alcohol regulatory relief for small businesses. that this action is of a type that does not containing foods purchase the products According to the information currently individually or cumulatively have a either because of their dietetic attributes available to the agency, of the relatively significant effect on the human or because of their role in preventive small number of products that would environment. No new information or dental health. The majority of sugar require relabeling as a result of this final comments have been received that alcohol containing foods that would rule, none are produced by small firms. would affect the agency’s previous qualify for the health claim currently Therefore, the agency certifies that this determination that there is no have sugar-free claims which are rule will not have a significant impact significant impact on the human required to be accompanied by a on a substantial number of small environment and that an environmental statement that the product is not a low- businesses. impact statement is not required. calorie food. Therefore, it is unlikely VI. Paperwork Reduction Act that these products are being consumed V. Analysis of Impacts by calorie-conscious individuals. This final rule contains no FDA has examined the economic The health claim should have no information collection or recordkeeping implications of the final rule impact on the purchases of consumers requirements under the Paperwork establishing a health claim for sugar who consume these products for the Reduction Act of 1995 (44 U.S.C. 3501 alcohols and dental caries as required dietetic properties because neither et seq.). by Executive Order 12866 and the sugary foods nor preventive dental VII. References Regulatory Flexibility Act (Pub. Law health measures are substitutes for The following references have been 96–354) as amended by the Small dietetic foods. The agency is aware of no placed on display in the Dockets Business Regulatory Enforcement evidence that sugar alcohol containing Management Branch (address above) Fairness Act of 1996. Executive Order foods and preventive dental health and may be seen by interested persons 12866 directs agencies to assess all costs measures are substitutes for dentally between 9 a. m. and 4 p. m., Monday and benefits of available regulatory concerned consumers. In fact, it is more through Friday. alternatives and, when regulation is likely that these consumers view the necessary, to select regulatory two categories as complementary 1. Drozen, Melvin S., ‘‘Health claim approaches that maximize net benefits products working together as a part of petition regarding the noncariogenicity of sugar alcohols,’’ August 31, 1994. (including potential economic, a dental health regime. It is likely that 2. Drozen, Melvin S., ‘‘Objections and environmental, public health and safety the cross elasticity of demand, a request for a hearing by Working Group of effects; distributive impacts; and numerical measure of the connection sugar alcohol manufacturers to the revocation equity). FDA finds that this final rule is between two goods, for sugar alcohol of 21 C.F.R. section 105.66(f),’’ Docket No. not a significant rule as defined by containing foods and preventive dental 91N–384L, Dockets Management Branch, Executive Order 12866. health measures is either not FDA, Rockville, MD. In response to the proposal, FDA significantly different from zero, or 3. Saltsman, Joyce J., CFSAN, FDA, Letter received two comments suggesting that negative. In other words, the two to Melvin S. Drozen, September 15, 1994. the costs of the proposed health claim product categories are either not close 4. Saltsman, Joyce J., CFSAN, FDA, Letter to Melvin S. Drozen, October 7, 1994. exceed the benefits. One comment substitutes or are complementary 5. Drozen, Melvin S., Letter to FDA, suggested that parents who substitute products. Therefore, the agency rejects November 15, 1994. sugar alcohol containing snacks for the assertion that the use of preventive 6. Saltsman, Joyce J., CFSAN, FDA, other snack foods will be trading dental dental health measures will decline as Memorandum of telephone conversation, caries for gastric problems in their a result of this rule. December 8, 1994. 43444 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

7. DHHS, Public Health Service (PHS), of the trial and the control of the dietary 38. Bibby, B. G., and J. Fu, ‘‘Changes in ‘‘The Surgeon General’s Report on Nutrition regimen,’’ Acta Odontologica Scandanavia, plaque pH in vitro by sweeteners,’’ Journal of and Health,’’ U.S. Government Printing 33:105–127, 1975. Dental Research, 64:1130–1133, 1985. Office, Washington, DC, 1988. 25. Rekola, M., ‘‘Approximal caries 39. Birkhed, D., and S. Edwardsson, ‘‘Acid 8. Harper, D. S., D. C. Abelson, and M. E. development during 2-year total substitution production from sucrose substitutes in Jensen, ‘‘Human plaque acidity models,’’ of dietary sucrose with xylitol,’’ Caries human dental plaque,’’ Proceedings of Journal of Dental Research, 65(Special Research, 21:87–94, 1987. ERGOB Conference, pp. 211–217, 1978. Issue):1503–1510, 1986. 26. Scheinin, A., J. Banoczy, J. Szoke, I. 40. Birkhed, D., S. Edwardsson, B. 9. Ten Cate, J. M., ‘‘Demineralization Eszta˙ri, K. Pieniha¨kkinen, U. Scheinin, J. Svensson, F. Moskovitz, and G. Frostell, models: Mechanistic aspects of the caries Tiekso, P. Zimmerman, and E. Hadas, ‘‘Acid production from sorbitol in human process with special emphasis on the ‘‘Collaborative WHO xylitol field studies in dental plaque,’’ Archives of Oral Biology, possible role of foods,’’ Journal of Dental Hungary. I. Three-year caries activity in 23:971–975, 1978. Research, 65(Special Issue):1511–1515, 1986. institutionalized children,’’ Acta 41. Birkhed, D., S. Edwardsson, M. L. 10. Curzon, M. E. J., ‘‘Integration of Odontologica Scandinavica, 43:327–347, Ahlden, and G. Frostell, ‘‘Effects of 3 mo frequent consumption of hydrogenated starch methods for determining the cariogenic 1985. hydrolysate (Lycasin), maltitol, sorbitol and potential of foods: Is this possible with 27. Ba˙no˙czy, J., A. Scheinin, R. Pados, G. xylitol on human dental plaque,’’ Acta present technologies?,’’ Journal of Dental Ember, P. Kerte˙sz, and K. Pienih¨ kkinen, Odontologica Scandinavica, 37:103–115, Research, 65(Special Issue):1520–1524, 1986. ‘‘Collaborative WHO xylitol field studies in 11. Stookey, G. K., ‘‘Considerations in 1979. Hungary. II. General background and control 42. Frostell, G., ‘‘Dental plaque pH in determining the cariogenic potential of foods: of the dietary regimen,’’ Acta Odontologica How should existing knowledge be relation to intake of carbohydrate products,’’ Scandinavica, 43:349–357, 1985. combined?,’’ Journal of Dental Research, Acta Odontologica Scandanavia, 27:3–29, 28. Scheinin, A., K. Pieniha¨kkinen, J. 65(Special Issue):1525–1527, 1986. 1969. Tiekso, J. Ba˙no˙czy, J. Szo¨ke, I. Eszta˙ri, P. 12. Working Group Consensus Report, 43. Toors, F. A., and J. I. B. Herczog, ‘‘Acid Zimmerman, and E. Hadas, ‘‘Collaborative ‘‘Integration of methods,’’ Journal of Dental production from a nonsugar licorice and WHO xylitol field studies in Hungary. VII. Research, 65(Special Issue):1537–1539, 1986. different sugar substitutes in Streptococcus Two-year caries incidence in 976 13. DePaola, D. P., ‘‘Executive summary,’’ mutans monoculture and pooled plaque- institutionalized children,’’ Acta Scientific Consensus Conference on Methods saliva mixtures,’’ Caries Research, 12:60–68, Odontologica Scandinavica, 43:381–387, for Assessment of the Cariogenic Potential of 1978. 1985. Foods, Journal of Dental Research, 65(Special 44. Gallagher, I. H., and S. J. Fussell, 29. Barmes, D., J. Barnaud, S. Issue)1540–1543, 1986. ‘‘Acidogenic fermentation of pentose alcohols by human dental plaque 14. Life Science Research Organization, Khambonanda, and J. Sardo Infirri, ‘‘Field microorganisms,’’ Archives of Oral Biology, Federation of America Societies for trials of preventive regimes in Thailand and 24:673–679, 1979. Experimental Biology (LSRO, FASEB), French Polynesia,’’ International Dental 45. Gehring, F., and H. D. Hufnagel, ‘‘Intra- ‘‘Dietary Sugars in Health and Disease, II. Journal, 35:66–72, 1985. and extraoral pH measurements on human Xylitol,’’ Bethesda, MD, July, 1978. 30. Kandelman, D., A. Ba¨r, and A. Hefti, ‘‘Collaborative WHO xylitol field study in dental plaque after rinsing with some sugar 15. LSRO, FASEB, ‘‘Dietary Sugars in and sucrose substitute solutions,’’ Health and Disease, III. Sorbitol,’’ Bethesda, French Polynesia. I. Baseline Prevalence and 32-month caries increment,’’ Caries Oralprophylaxe, 5:13–19, 1983. MD, July, 1978. 46. Havenaar, R., J. H. J. Huis In’t Veld, O. 16. LSRO, FASEB, ‘‘Dietary Sugars in Research, 22:1–10, 1988. 31. Frostell, G., L. Blo¨mlof, I. Blomqvist, G. Backer Dirks, and J. D. de Stoppelaar, ‘‘Some Health and Disease, IV. Mannitol,’’ Bethesda, bacteriological aspects of sugar substitutes,’’ MD, July, 1978. M. Dahl, S. Edward, A. Fjellstrom, C. O. Henrikson, O. Larje, C. E. Nord, and K. J. Proceedings from ERGOB Conference, pp. 17. Working Group Consensus Report, 192–196, 1978. ‘‘Animal caries,’’ Journal of Dental Research, Nordenvall, ‘‘Substitution of sucrose by Lycasin in candy. ‘The Roslagen study’,‘‘ 47. Jensen, M. E., ‘‘Human plaque 65:1528–1529, 1986. acidogenicity studies with hydrogenated 18. Working Group Consensus Report, Acta Odontologica Scandinavica, 32:235– 253, 1974. starch hydrolysates,’’ unpublished. ‘‘Human plaque acidity,’’ Journal of Dental 48. Maki, Y., K. Ohta, I. Takazoe, Y. Research, 65:1530–1531, 1986. 32. Glass, R. L., ‘‘A two year clinical trial of sorbitol gum,’’ Caries Research, 17:365– Matsukubo, Y. Takaesu, V. Topitsoglou, and 19. Working Group Consensus Report, G. Frostell, ‘‘Acid production from 368, 1983. ‘‘Demineralization/remineralization,’’ Journal isomaltulose, sucrose, sorbitol, xylitol in 33. Ikeda, T., K. Ochiai, Y. Doi, T. Mukasa, of Dental Research, 65:1532–1536, 1986. suspensions of human dental plaque,’’ Caries and S. Yagi, ‘‘Maltitol and SE58 in rats and 20. Mo¨ller, I. J., and S. Poulsen, ‘‘The effect Research, 17:335–339, 1983. decalcification as human intraoral substrate’’, of sorbitol-containing chewing gum on the 49. Park, K. K., B. R. Schemehorn, J. W. Nihon University Journal of Oral Science, incidence of dental caries, plaque and Bolton, and G. K. Stookey, ‘‘Comparative gingivitis,’’ Community Dental and Oral 25:1–5, 1975. effect of sorbitol and xylitol mints on plaque Epidemiology, 1:58–67, 1973. 34. Yagi, S., ‘‘Effects of maltitol on acidogenicity,’’ presented at the International 21. Ba˙no˙czy, J., E. Hadas, I. Eszta˙ry, I. insoluble glucan synthesis by S. mutans and Association for Dental Research, April 17–21, Marosi, and J. Nemes, ‘‘Three-year results change of enamel hardness,’’ Nihon 1991. with sorbitol in clinical itudinal University Journal of Oral Science, 4:136– 50. So¨derling, E., K. K. Ma¨kinen, C.-Y. experiments,’’ Journal of the International 144, 1978. Chen, H. R. Pape, and P.-L. Ma¨kinen, ‘‘Effect Association of Dentistry in Children, 12:59– 35. Leach, S. A., G. T. R. Lee, and W. M. of sorbitol, xylitol and xylitol/sorbitol gums 63, 1981. Edgar, ‘‘Remineralization of artificial caries- on dental plaque,’’ Caries Research, 23:378– 22. Kandelman, D., and G. Gagnon, like lesions in human enamel in situ by 384, 1989. ‘‘Clinical results after 12 months from a study chewing sorbitol gum,’’ Journal of Dental 51. Birkhed, D., and G. Skude, ‘‘Relation of of the incidence and progression of dental Research, 68:1064–1068, 1989. amylase to starch and Lycasin metabolism in caries in relation to consumption of chewing- 36. Rundegren, J., T. Koulourides, and T. human dental plaque in vitro,’’ Scandinavian gum containing xylitol in school preventive Ericson, ‘‘Contribution of maltitol and Journal of Dental Research, 86:248–258, programs,’’ Journal of Dental Research, Lycasin to experimental enamel 1978. 66:1407–1411, 1987. demineralized in the human mouth,’’ Caries 52. Havenaar, R., J. S. Drost, J. D. de 23. Rekola, M., ‘‘Changes in buccal white Research, 14:67–74, 1980. Stoppelaar, J. H. J. Huis in’t Veld, and O. spots during two-year total substitution of 37. Creanor, S. L., R. Strang, W. H. Backer Dirks, ‘‘Potential cariogenicity of dietary sucrose with xylitol,’’ Acta Gilmour, R. H. Foye, J. Brown, D. A. M. Lycasin 80/55 in comparison to starch, Odontologica Scandinavica, 44:285–290, Geddes, and A. F. Hall, ‘‘The effect of sucrose, xylitol, sorbitol and L-sorbose in 1986. chewing gum use on in situ enamel lesion rats,’’ Caries Research, 18:375–384, 1984. 24. Makinen, K. K., and A. Scheinin, remineralization,’’ Journal of Dental 53. Havenaar, R., J. S. Drost, J. H. J. Huis ‘‘Turku sugar studies. VI. The administration Research, 71:1895–1900, 1992. in’t Veld, O. Backer Dirks, and J. D. de Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43445

Stoppelaar,, ‘‘Potential cariogenicity of utilization by Streptococcus mutans for ‘‘Cariogenicity of nine sugars tested with an Lycasin 80/55 before and after repeated insoluble glucan synthesis and experimental intraoral device in man,’’ Caries Research transmissions of the dental plaque flora in dental caries in rats,’’ Nihon University 10:427–441, 1976. rats,’’ Archives of Oral Biology, 29:993–999, Journal of Oral Science, 3:266–275, 1977. 89. Baer, A., ‘‘Significance and promotion 1984. 70. Hoeven, J. S. van der, ‘‘Cariogenicity of of sugar substitution for the prevention of 54. Havenaar, R., J. H. J. Huis In’t Veld, J. disaccharide alcohols in rats,’’ Caries dental caries,’’ Lben.-Wiss U. Technology, D. de Stoppelaar, and O. Backer Dirks, ‘‘A Research, 14:61–66, 1980. Academic Press, 22:46–53, 1989. purified cariogenic diet for rats to test sugar 71. Burt, B. A., and A. I. Ismail, ‘‘Diet, 90. LSRO, FASEB, ‘‘Health Aspect of Sugar substitutes with special emphasis on general nutrition, and food cariogenicity,’’ Journal of Alcohols and Lactose,’’ Bethesda, MD, health,’’ Caries Research, 17:340–352, 1983. Dental Research, 65(Special Issue):1475– September, 1986. 55. Havenaar, R., J. D. Huis in’t Veld, J. D. 1484, 1986. 91. Joint FAO/WHO Expert Committee on J. de Stoppelaar, and O. B. Dirks, ‘‘Anti- 72. National Research Council, National Food Additives, ‘‘Evaluation of Certain Food cariogenic and remineralizing properties of Academy of Sciences, ‘‘Diet and Health,’’ Additives and Contaminants,’’ Geneva, xylitol in combination with sucrose in rats National Academy Press, Washington, DC, Switzerland, pp. 16–17, 1993. inoculated with Streptococcus mutans,’’ 1989. 92. Kashket, S., J. van Houte, L. R. Lopez, Caries Research, 18:269–277, 1984. 73. Hoeven, J.S. van der, ‘‘Cariogenicity of and S. Stocks, ‘‘Lack of correlation between 56. Grenby, T. H., and J. Colley, ‘‘Dental lactitol in program-fed rats,’’ Caries Research, food retention on the human dentition and effects of xylitol compared with other 20:441–443, 1986. consumer perception of food stickiness,’’ carbohydrates and polyols in the diet of 74. Imfeld, T., and H. R. Mu¨ hlemann, Journal of Dental Research, 70:1314–1319, laboratory rats,’’ Archives of Oral Biology, ‘‘Cariogenicity and acidogenicity of food, 1991. 28:745–758, 1983. confectionery and beverages,’’ Pharmacology 93. S. Kashket, J. Zhang, and J. van Houte, 57. Karle, E. J., and F. Gehring, and Therapeutic Dentistry, 3:53–68, 1978. ‘‘Accumulation of fermentable sugars and ‘‘Kariogenita¨tsuntersuchungen von 75. Imfeld, T., ‘‘Identification of Low metabolic acids in food particles that become zuckeraustauschstoffen an xerostomierlen Caries Risk Dietary Components,’’ entrapped on the dentition,’’ unpublished ratten. (Studies on the cariogenesis of sugar Monographs in Oral Science, vol. 11, Karger, manuscript. substitutes in xerostomized rats),’’ Deutsche Basel, Switzerland, pp. 1–8 and 117–144, 94. Glinsmann, W. H., H. Irausquin, and Y. Zahnarztliche Zeitschrift, 34:551–554, 1979. 1983. K. Park, ‘‘Report from FDA’s Sugars Task 58. Mu¨ hlemann, H. R., R. Schmid, T. 76. Grenby, T. H., A. Phillips, and M. Noguchi, T. Imfeld, and R. S. Hirsch, ‘‘Some Force, 1986—Evaluation of health aspects of Mistry, ‘‘Studies of the dental properties of sugars contained in carbohydrate dental effects of xylitol under laboratory and lactitol compared with five other bulk in vivo conditions,’’ Caries Research, 11:263– sweeteners,’’ Journal of Nutrition, sweeteners in vitro,’’ Caries Research, 276, 1977. 116(11S):S1–S9, S39–S43, 1986. 23:315–319, 1989. 59. Shyu, K.-W., and M.-Y Hsu, ‘‘The 95. Birkhed, D., and A. Ba¨r, ‘‘Sorbitol and 77. Grenby, T. H., and A. Phillips, ‘‘Dental cariogenicity of xylitol, mannitol, sorbitol dental caries,’’ World Review of Nutrition and metabolic effects of lactitol in the diet of and sucrose,’’ Proceedings of the National and Dietetics, 65:1–37, 1991. laboratory rats,’’ British Journal of Nutrition, Science Council ROC, 4:21–26, 1980. 96. Birkhed, D., S. Kalfas, G. Svensater, and 60. Bramstedt, F., F. Gehring, and E. J. 61:17–24, 1989. S. Edwardsson, ‘‘Microbiological aspects of Karle, ‘‘Comparative study of the cariogenic 78. Edgar, W. M., and D. A. M. Geddes, some caloric sugar substitutes,’’ International effects of Palatinit, xylitol and saccharose in ‘‘Plaque acidity models for cariogenicity Dental Journal, 35:9–17, 1985. animals,’’ unpublished, 1976. testing—some theoretical and practical 97. Linke, H., ‘‘Sweeteners and dental 61. Izumiya, A., T. Ohshima, and S. Sofue, observations,’’ Journal of Dental Research, health: the influence of sugar substitutes on ‘‘Caries inducibility of various sweeteners,’’ 65(Special Issue):1498–1502, 1986. oral microorganisms,’’ in Developments in Academy of Pedodontia, p. 65, May 1984. 79. Birkhed, D., S. Kalfas, G. Svensa¨ter, and Sweeteners, vol. 3, edited by T. H. Grenby, 62. Gehring, F., and E. J. Karle, ‘‘The sugar S. Edwardsson, ‘‘Microbiological aspects of Elsevier Applied Science, New York, pp. substitute Palatinit with special emphasis on some caloric sugar substitutes,’’ International 151–188, 1987. microbiological and caries-preventing Dental Journal, 35:9–17, 1985. 98. Triller, M., ‘‘Sugars, sweeteners, and aspects,’’ Zeitschrift Ernahrungswiss, 20:96– 80. Schrotenboer, G. H., ‘‘In the Matter of dental caries prevention,’’ in Sugarless—the 106, 1981. Revising the Regulation for Foods for Special Way Forward, edited by A. J. Rugg-Gunn, 63. Karle, E. J., and F. Gehring, ‘‘Palatinit Dietary Uses,’’ Docket No. FDC–78, March 4, Elsevier Applied Science, New York, pp. 70– -A New Sugar Substitute and its 1970 at 6–7. 84, 1990. Carioprophylactic Assessment,’’ Deutsche 81. Saltsman, Joyce J., CFSAN, FDA, 99. Scheinin, A., and E. So¨derling, Zalnarztliche Zeitschrift 33:189–191, 1978. Memorandum to file—Environmental ‘‘Carbohydrate sweeteners and dental caries,’’ 64. Larje, O., and R. H. Larson, ‘‘Reduction Assessment of Health Claim Petition, Proceedings of the Finnish Dental Society, of dental caries in rats by intermittent feeding December 23, 1994. 82:276–289, 1986. with sucrose substitutes,’’ Archives of Oral 82. Ayers, C. S., and R. A. Abrams, 100. Select Committee on Nutrition and Biology, 15:805–816, 1970. ‘‘Noncariogenic sweeteners, sugar substitutes Human Needs, ‘‘Dietary Goals for the United 65. Mu¨ hlemann, H. R., ‘‘Effect of topical for caries control,’’ Dental Hygiene, April, States,’’ 2d ed., U.S. Government Printing application of sugar substitutes on bacterial 162–167:1987. Office, pp. 27–34, 1977. agglomerate formation, caries incidence and 83. Rugg-Gunn, A. J., and W. M. Edgar, 101. USDA and DHHS, ‘‘Nutrition and solution rates of molars in the rat,’’ ‘‘Sweeteners and dental health,’’ Community Your Health: Dietary Guidelines for unpublished, 1978. Dental Health, 2:213–223, 1985. Americans,’’ Home and Garden Bulletin No. 66. Ooshima, T., A. Izumitani, T. Minami, 84. Grenby, T. H., ‘‘Nutritive sucrose 232, U.S. Government Printing Office, 4th T. Yoshida, S. Sobue, T. Fujiwari, and substitutes and dental health,’’ In: ed., 1995. S.Hamada, ‘‘Non-cariogenicity of maltitol in Developments in Sweeteners, editors: T. H. 102. Hogg, S. D., and A. J. Rugg-Gunn, SPF rats infected with mutans streptococci,’’ Grenby, K. J. Parker, and M. G. Lindley, ‘‘Can the oral flora adapt to sorbitol?,’’ submitted for publication. Elsevier Science, Inc., 2:51–88, 1983. Journal of Dentistry, 19:263–271, 1991. 67. Tate, N., S. Wada, H. Tani, and K. 85. Rugg-Gunn, A. J., ‘‘Lycasin and the Oikawa, ‘‘Experimental studies on prevention of dental caries,’’ In: Progress in List of Subjects in 21 CFR Part 101 correlations between progressive caries and Sweeteners, editor: T. H. Grenby, Elsevier Food labeling, Incorporation by sugar intake,’’ unpublished. Science, Inc., pp. 311–328, 1989. reference, Nutrition, Reporting and 68. Leach, S. A., and R. M. Green, ‘‘Effect 86. Loesche, W. J., ‘‘The rationale for caries prevention through use of sugar substitutes,’’ recordkeeping requirements. of xylitol-supplemented diets on the Therefore, under the Federal Food, progression and regression of fissure caries in International Dental Journal, 35:1–8, 1985. the albino rat,’’ Caries Research, 14:16–23, 87. Mandel, I. D., ‘‘Dental caries,’’ Drug, and Cosmetic Act and under 1980. American Scientist, 67:680–688, 1979. authority delegated to the Commissioner 69. Mukasa, T., ‘‘The possibility of maltitol 88. Koulourides, T., R. Bodden, S. Keller, of Food and Drugs, 21 CFR part 101 is and SE 58 as non-cariogenic sweeteners: their L. Manson-Hing, J. Lastra, and T. Housch, amended as follows: 43446 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

PART 101ÐFOOD LABELING than eating such foods at meals and (G) Packages with less than 15 square then brushing. inches of surface area available for 1. The authority citation for 21 CFR (4) Sugar alcohols can be used as labeling are exempt from paragraphs (A) part 101 is revised to read as follows: sweeteners to replace dietary sugars, and (C) of this section. Authority: Secs. 4, 5, 6 of the Fair such as sucrose and corn sweeteners, in (ii) Nature of the food. (A) The food Packaging and Labeling Act (15 U.S.C. 1453, foods such as chewing gums and certain shall meet the requirement in 1454, 1455); secs. 201, 301, 402, 403, 409, confectioneries. Dietary sugar alcohols § 101.60(c)(1)(i) with respect to sugars 701 of the Federal Food, Drug, and Cosmetic are significantly less cariogenic than content. Act (21 U.S.C. 321, 331, 342, 343, 348, 371). dietary sugars and other fermentable carbohydrates. (B) The sugar alcohol in the food shall 2. New § 101.80 is added to subpart E be xylitol, sorbitol, mannitol, maltitol, to read as follows: (b) Significance of the relationship between sugar alcohols and dental isomalt, lactitol, hydrogenated starch caries. Sugar alcohols do not promote hydrolysates, hydrogenated glucose § 101.80 Health claims: dietary sugar syrups, or a combination of these. alcohols and dental caries. dental caries. Sugar alcohols are slowly metabolized by bacteria to form some (C) When fermentable carbohydrates (a) Relationship between dietary acid. The rate and amount of acid are present in the sugar alcohol- carbohydrates and dental caries. (1) production is significantly less than that containing food, the food shall not Dental caries, or tooth decay, is a from sucrose and other fermentable lower plaque pH below 5.7 by bacterial disease caused by many factors. Both carbohydrates and does not cause the fermentation either during consumption environmental and genetic factors can loss of important minerals from tooth or up to 30 minutes after consumption, affect the development of dental caries. enamel. as measured by the indwelling plaque Risk factors include tooth enamel (c) Requirements. (1) All requirements pH test found in ‘‘Identification of Low crystal structure and mineral content, set forth in § 101.14 shall be met, except Caries Risk Dietary Components,’’ T. N. plaque quantity and quality, saliva that sugar alcohol-containing foods are Imfeld, Volume 11, Monographs in Oral quantity and quality, individual exempt from section § 101.14(e)(6). Science, 1983, which is incorporated by immune response, types and physical (2) Specific requirements. (i) Nature reference in accordance with 5 U.S.C. characteristics of foods consumed, of the claim. A health claim relating 552(a) and 1 CFR part 51. Copies may eating behaviors, presence of acid sugar alcohols, compared to other be obtained from Karger AG Publishing producing oral bacteria, and cultural carbohydrates, and the nonpromotion of Co., P. O. Box, Ch-4009 Basel, influences. dental caries may be made on the label Switzerland, or may be examined at the (2) The relationship between or labeling of a food described in Center for Food Safey and Applied consumption of fermentable (c)(2)(ii) of this section, provided that: Nutrition’s Library, 200 C St. SW., rm. carbohydrates, i.e., dietary sugars and (A) The claim shall state that frequent 3321, Washington, DC, or at the Office starches, and tooth decay is well between-meal consumption of foods of the Federal Register, 800 North established. Sucrose, also known as high in sugars and starches can promote Capitol St. NW., suite 700, Washington, sugar, is one of the most, but not the tooth decay. DC. only, cariogenic sugars in the diet. (B) The claim shall state that the sugar Bacteria found in the mouth are able to alcohol present in the food ‘‘does not (d) Optional information. (1) The metabolize most dietary carbohydrates, promote,’’ ‘‘may reduce the risk of,’’ claim may include information from producing acid and forming dental ‘‘useful [or is useful] in not promoting,’’ paragraphs (a) and (b) of this section, plaque. The more frequent and longer or ‘‘expressly [or is expressly] for not which describe the relationship between the exposure of teeth to dietary sugars promoting’’ dental caries; diets containing sugar alcohols and and starches, the greater the risk for (C) In specifying the nutrient, the dental caries. tooth decay. claim shall state ‘‘sugar alcohol,’’ ‘‘sugar (2) The claim may indicate that (3) Dental caries continues to affect a alcohols,’’ or the name or names of the development of dental caries depends large proportion of Americans. sugar alcohols, e.g., ‘‘sorbitol.’’ on many factors and may identify one Although there has been a decline in the (D) In specifying the disease, the or more of the following risk factors for prevalence of dental caries among claim uses the following terms: ‘‘dental dental caries: Frequent consumption of children in the United States, the caries’’ or ‘‘tooth decay.’’ fermentable carbohydrates, such as disease remains widespread throughout (E) The claim shall not attribute any dietary sugars and starches; presence of the population, imposing a substantial degree of the reduction in risk of dental oral bacteria capable of fermenting burden on Americans. Recent Federal caries to the use of the sugar alcohol- carbohydrates; length of time government dietary guidelines containing food. fermentable carbohydrates are in contact recommend that Americans choose diets (F) The claim shall not imply that with the teeth; lack of exposure to that are moderate in sugars and avoid consuming sugar alcohol-containing fluoride; individual susceptibility; excessive snacking. Frequent between- foods is the only recognized means of socioeconomic and cultural factors; and meal snacks that are high in sugars and achieving a reduced risk of dental characteristics of tooth enamel, saliva, starches may be more harmful to teeth caries. and plaque. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43447

(3) The claim may indicate that oral (dextrose) to fructose utilizing one of comprehensive safety review of corn hygiene and proper dental care may several glucose isomerase enzyme sugar, corn syrup, invert sugar, and help to reduce the risk of dental disease. preparations, is GRAS as a direct human sucrose. (4) The claim may indicate that the food ingredient. This action is in In the 1983 final rule, the agency gave sugar alcohol serves as a sweetener. response to six petitions filed by notice to all interested parties that when (e) Model health claim. The following members of the food industry. the agency completed its comprehensive model health claims may be used in DATES: Effective August 23, 1996. The safety review of corn sugar (dextrose), food labeling to describe the Director of the Office of the Federal corn syrup, invert sugar, and sucrose, it relationship between sugar alcohol- Register approves the incorporation by would examine the data on these containing foods and dental caries. reference in accordance with 5 U.S.C. substances to determine whether those (1) Example of the full claim: 552(a) and 1 CFR part 51 of a certain data provide an adequate basis to affirm (i) Frequent eating of foods high in publication in 21 CFR 184.1866, that HFCS is GRAS. In the Federal sugars and starches as between-meal effective August 23, 1996. Register of November 7, 1988 (53 FR snacks can promote tooth decay. The FOR FURTHER INFORMATION CONTACT: 44862), the agency published a final sugar alcohol [name, optional] used to James C. Wallwork, Center for Food rule affirming that the use of corn sugar, sweeten this food may reduce the risk Safety and Applied Nutrition (HFS– corn syrup, invert sugar, and sucrose in of dental caries. 217), Food and Drug Administration, food is GRAS. (ii) Frequent between-meal 200 C St. SW., Washington, DC 20204– consumption of foods high in sugars 0001, 202–418–3078. II. The Safety Review of High Fructose and starches promotes tooth decay. The SUPPLEMENTARY INFORMATION: Corn Syrup sugar alcohols in [name of food] do not promote tooth decay. I. Background In the Federal Register of November (2) Example of the shortened claim for In the Federal Register of February 8, 7, 1988 (53 FR 44904), FDA proposed to small packages: 1983 (48 FR 5716), FDA published a affirm that the use of HFCS in food is (i) Does not promote tooth decay. document that listed HFCS as GRAS for GRAS (hereinafter referred to as the (ii) May reduce the risk of tooth use in food (§ 182.1866 (21 CFR 1988 HFCS proposal). Included in the decay. 182.1866)) and also affirmed that certain 1988 HFCS proposal was the agency’s: Dated: August 16, 1996. insoluble glucose isomerase enzyme (1) Evaluation of the data contained in the petitions and of their relationship to William K. Hubbard, preparations are GRAS for use in the manufacture of HFCS (§ 184.1372 (21 the safety of HFCS; (2) discussion of the Associate Commissioner for Policy relevancy of reports by the Select Coordination. CFR 184.1372)) (hereinafter referred to as the 1983 final rule). The agency Committee on GRAS Substances of the [FR Doc. 96–21481 Filed 8–20–96; 8:53 am] Federation of American Societies for BILLING CODE 4160±01±F published this final rule in response to six industry petitions that requested Experimental Biology entitled GRAS affirmation for certain insoluble ‘‘Evaluation of the Health Aspects of Corn Sugar (Dextrose), Corn Syrup, and 21 CFR Parts 182 and 184 glucose isomerase enzyme preparations used to make HFCS and for the Invert Sugar as Food Ingredients’’ (Ref. [Docket No. 85N±0548] manufactured product itself. 1) and ‘‘Evaluation of the Health The basis for listing HFCS in 21 CFR Aspects of Sucrose as a Food Direct Food Substances Affirmed as part 182 was that HFCS is made with Ingredient’’ (Ref. 2) to the safety Generally Recognized as Safe; High enzyme preparations that FDA has assessment of HFCS; and (3) discussion Fructose Corn Syrup affirmed as GRAS; the saccharide of the relevancy of FDA’s Sugars Task Force Report ‘‘Evaluation of the Health AGENCY: Food and Drug Administration, composition (glucose to fructose ratio) Aspects of Sugars Contained in HHS. of HFCS is approximately the same as Carbohydrate Sweeteners’’ (Ref. 3) to the ACTION: Final rule. that of honey, invert sugar, and the disaccharide sucrose; and the minor safety evaluation of HFCS. SUMMARY: The Food and Drug components (primarily higher The agency made it clear during its Administration (FDA) is amending its saccharides of glucose) of HFCS are also safety evaluation of corn sugar, corn regulations for substances that are found at similar levels in corn syrup syrup, invert sugar, and sucrose that its generally recognized as safe (GRAS) to and corn sugar which are already on the exposure estimate for HFCS included affirm that high fructose corn syrup GRAS list. Therefore, FDA concluded exposure to HFCS containing 55 percent (HFCS), prepared from high dextrose that it was appropriate to list HFCS as fructose (HFCS–55) (Ref. 3). equivalent corn starch hydrolysate by GRAS for use in food while the agency Furthermore, FDA noted that most of partial enzymatic conversion of glucose fully evaluated it during the the components found in HFCS 43448 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations containing 43 percent fructose (HFCS– each containing one or more comments. declaration of the presence of the 43) (approximately equimolar mixtures One submission was from a diabetes substance in the ingredient list, rather of glucose and fructose; residues from research center, and the other three than to require a special statement on corn syrup; and residues from the were from trade associations. In the label. The agency considers that glucose isomerase enzyme preparations) addition, recently a further comment declaration of the ingredient will give are also found in HFCS–55. Therefore, was received from one of the trade the sensitive subpopulation an the agency noted that the safety associations. This comment modified opportunity to avoid the food. HFCS, evaluation of the major components in some of the information that the like any other ingredient, will have to be HFCS–43 is also applicable to HFCS–55, association had submitted in its declared on the ingredient list when and it stated that it would consider previous comment. used in food. Thus, even if there were including HFCS–55 in its rule affirming 1. The Diabetes Research Center a basis for a safety concern about HFCS the GRAS status of HFCS if it received, stated its opinion that the safety of in diabetics, FDA finds no reason why as comments on the 1988 HFCS HFCS as it relates to diabetics has not it is not adequate to treat this ingredient proposal, information on the production been totally established. It suggested like other ingredients of concern to of HFCS–55 adequate to allow it to that the fact that its safety for diabetics particular subpopulations. identify possible residues from had not been fully established should be Given the absence of any data processing materials and to ensure that stated somewhere on the product label. supporting a safety concern for HFCS in the level of these residues in the final The comment did not provide any diabetics, the agency finds no rational product is safe (53 FR 44904 at 44907). support for its conclusion or for the basis for requiring on products that The 1988 HFCS proposal did not suggested labeling requirement. contain this sweetener a label statement include 90 percent fructose (HFCS–90); FDA does not agree with this that advises that the safe use of HFCS however, HFCS–90 is also a comment. FDA’s Sugars Task Force by diabetics has not been fully commercially available product. This stated in its report (Ref. 3) that it could established. The agency concludes that product contains a substantially not find any basis in the scientific there is no evidence to suggest that different ratio of glucose to fructose than literature to conclude that there was the HFCS is any less safe for diabetics than either HFCS–43 or HFCS–55. The potential for an adverse effect in any other commonly used sweetener. HFCS–90 is not included in this diabetics from increased fructose Based on the foregoing, FDA concludes rulemaking because the agency does not consumption. The comment did not that no change in § 184.1866 in response have adequate information to assess the present any evidence of any to this comment is warranted. safety of residual levels of the developments since the publication of 2. In three submissions, three trade processing materials in the final the Task Force’s report almost 10 years associations strongly endorsed affirming product. Moreover, FDA did not include ago that would contradict the Task the use of HFCS in food as GRAS. These HFCS–90 in the agency’s exposure Force’s finding. comments asked that the final rule estimate for HFCS, even though the In a 1994 review of Nutrition recognize that the item of commerce agency was aware of minor uses of Principles for the Management of contains 42 percent fructose (HFCS–42) HFCS–90 as an ingredient in low-calorie Diabetes and Related Complications on a dry weight basis, and that the foods. Finally, FDA’s report on its safety (Ref. 4), sponsored by the American reference to the 43 percent fructose dry review of the sugars contained in Diabetes Association (ADA), a national weight product be deleted. The carbohydrate sweeteners did not expert body for diabetes, the effects of comments discussed in detail the include HFCS–90 primarily because sucrose, fructose, and other nutritive manufacturing process for HFCS–55 and HFCS–90 does not contain sweeteners were discussed in detail. asked that the final rule be modified to The fructose used in the studies that approximately equimolar amounts of allow manufacturers the flexibility to were discussed in the review was glucose and fructose (53 FR 44904 at make HFCS–42 and HFCS–55 according primarily crystalline fructose. HFCS, 44907). Thus, additional data on the to the identity and specifications which has a saccharide composition effects of fructose consumption that is described. Subsequently, one of these similar to sucrose, was not separately not balanced with glucose consumption trade associations submitted a comment considered. The overall findings that would be needed to ensure that this that amended its earlier submission emerged from this review (Ref. 5) were product is safe. Because HFCS–90 has regarding the identity and specifications that ‘‘scientific evidence has shown that not been included in this rulemaking, for HFCS to read as follows: consideration of the GRAS status of this the use of sucrose as part of the meal ‘‘High Fructose Corn Syrup is a sweet, substance will need to proceed through plan does not impair blood glucose nutritive saccharide mixture prepared as a the petition process in accordance with control in individuals with type I or clear, aqueous solution from high-dextrose- § 170.35. type II diabetes,’’and that ‘‘dietary equivalent corn starch hydrolysate by the fructose produces a smaller rise in partial enzymatic conversion of glucose III. Comments on the 1988 HFCS plasma glucose than isocaloric amounts (dextrose) to fructose, using an insoluble Proposal of sucrose and most starchy glucose isomerase preparation that complies with 21 CFR 184.1372 and that has been The original comment period for the carbohydrates.’’ 1988 HFCS proposal ended on January grown in a pure culture fermentation that Moreover, the ADA dietary guidelines produces no antibiotics. It is a water-white to 6, 1989. In the Federal Register of for diabetics state that diabetics may light yellow, somewhat viscous liquid that January 27, 1989 (54 FR 4045), in consume a modest amount of sugars as darkens at high temperatures. It is miscible response to requests from two trade long as metabolic control and desirable in all proportions with water. This product associations, FDA extended the body weight are maintained (Ref. 5). has the following requirements: comment period until April 6, 1989, to The guidelines do not include a Assay, 42 Percent High Fructose Corn allow sufficient time for interested recommendation to avoid any specific Syrup: Not less than 97.0 percent total persons to respond to the agency’s saccharides (dry weight), of which not less sweetener because of safety concerns. than 42.0 percent consists of fructose (dry request for information on the FDA’s policy in the case of food weight), not less than 92.0 percent consists manufacturing process for HFCS–55. ingredients, such as FD&C Yellow No. 5 of monosaccharides, and not more than 8.0 FDA received four submissions in and sulfites, to which subpopulations percent (dry weight) of other saccharides. 55 response to the 1988 HFCS proposal, are allergic or sensitive is to rely on the Percent High Fructose Corn Syrup: Not less Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43449 than 95.0 percent total saccharides (dry concerns with these components, there Also, sufficient information was weight), of which not less than 55.0 percent is no need to differentiate between these submitted in the comments to justify consists of fructose (dry weight), not less two HFCS’s on product labels for affirming HFCS–55 as GRAS and to than 95.0 percent consists of consumers. provide specifications for this monosaccharides, and not more than 5.0 substance. Therefore, the agency has percent (dry weight) of other saccharides. 3. A comment from a trade association Arsenic (as As), not more than 1 milligram included a recommendation for FDA to included HFCS containing not less than per kilogram. Color, within the range adopt the Food Chemicals Codex (3d 55 percent fructose dry weight in the specified by the vendor. Heavy metals (as ed., 2d supplement) assay requirements description of the identity of HFCS in Pb), not more than 5 milligrams per kilogram. for HFCS. The association also pointed the final rule. In addition, FDA has Lead, not more than 0.1 milligram per out that the Food Chemicals Codex has incorporated by reference the other kilogram. Sulfur dioxide, not more than published food grade specifications for aspects of the identity and 0.003 percent. Total solids, 42 percent high HFCS. specifications for HFCS–55 that were fructose corn syrup: not less than 70.5 published in the Food Chemicals Codex, percent. 55 Percent high fructose corn syrup: In the 1988 HFCS proposal, the agency stated that it would cooperate 4th ed., p. 191 (1996), in the monograph not less than 76.5 percent.’’ entitled ‘‘High-Fructose Corn Syrup,’’ This information is similar to that with the National Academy of Sciences and that are similar to industry published in Food Chemicals Codex, to establish specifications for HFCS. The comments to the 1988 HFCS proposal. 4th ed., p. 191 (1996), in the monograph 1988 HFCS proposal also stated that Furthermore, the agency is including a entitled ‘‘High-Fructose Corn Syrup.’’ when acceptable specifications are sentence in the regulation to FDA has reviewed the comments and developed, the agency will incorporate characterize the manufacturing process acknowledges that the item of them into the regulation. Recently, that converts HFCS–42 to HFCS–55, i.e., commerce is HFCS–42. The agency however, as stated above, industry ‘‘The product containing more than 50 agrees with the identity and submitted a comment suggesting new identities and specifications for HFCS– percent (dry weight) fructose may be specifications recommended by the prepared through concentration of the latter comment for HFCS (HFCS–42 or 42 and HFCS–55 that are similar to those published in the Food Chemicals fructose portion of the mixture HFCS–43). FDA concludes that the containing less than 50 percent identity and specifications that it is Codex, 4th ed., p. 191 (1996), in the monograph entitled ‘‘High-Fructose fructose.’’ adopting are adequate to ensure that the Thus, FDA is including two types of Corn Syrup.’’ These identities and public health is protected. HFCS in this final rule. HFCS–42 specifications, as discussed in response The agency also has reviewed the contains at least 42 percent fructose, to comment 2 of this document, are comments from the three trade approximately 50 percent glucose, and acceptable to the agency and are associations requesting the inclusion of not more than 8 percent other HFCS–55 in the final rule. FDA notes therefore incorporated by reference. saccharides. HFCS–55 contains at least that the comments provided detailed IV. Conclusion 55 percent fructose, approximately 40 information on the manufacture of percent glucose, and not more than 5 HFCS–55, including information on Based on the conclusions of the percent other saccharides. HFCS–42 and processing aids and residues of these Federation of American Societies for HFCS–55 both contain similar materials in the final product. In Experimental Biology on the safety saccharide compositions (glucose to addition, the comments provided evaluations of corn sugar, corn syrup, fructose ratio) as honey, invert sugar, information on the identity of, and invert sugar, and sucrose (Refs. 1 and 2) and the disaccharide sucrose, and the specifications for, the HFCS–55 product. and of FDA’s Task Force Report on the minor components (primarily higher FDA concludes that the health aspects of sugars contained in saccharides of glucose) of HFCS–42 and manufacturing process for HFCS–55 carbohydrate sweeteners (Ref. 3), in the HFCS–55 are also present at similar does not raise any safety concerns, and 1988 HFCS proposal, the agency levels in corn syrup and corn sugar, that the residues of the processing proposed to affirm that the use of HFCS which FDA has already found to be materials in this product are safe, in food is GRAS. FDA has considered all GRAS. because HFCS–55 is prepared from the comments received on the 1988 FDA has previously considered the HFCS–42 using standard techniques. In HFCS proposal and has found that no environmental effects of this rule as addition, as noted earlier in this final information has been submitted in announced in the 1988 HFCS proposal. rule, the agency has determined that the response to the proposal that warrants a FDA did not receive any information or safety evaluation of the major change in FDA’s tentative conclusion comments that would affect the agency’s components in HFCS–42 is also about the safety of HFCS or about determination that there is no applicable to HFCS–55. Thus, FDA whether it is GRAS. significant impact on the human finds that information provided by the The agency agrees with comments to environment and that an environmental comments is sufficient for the agency to the 1988 HFCS proposal that the item of impact statement is not required. include HFCS–55 in the final rule. commerce is HFCS containing not less Accordingly FDA has modified the final than 42 percent fructose. Thus, FDA has V. Analysis of Impacts rule to include HFCS–55. included HFCS containing not less than FDA has examined the economic The agency has also reviewed the 42 percent fructose dry weight in the implications of the final rule affirming identity and specifications suggested for description of the identity of HFCS in the GRAS status of HFCS, prepared from HFCS–55 in the comments. FDA the final rule. In addition, FDA has high dextrose-equivalent corn starch concludes that the suggested identity incorporated by reference the other hydrolysate by partial enzymatic and specifications are adequate to aspects of the identity and conversion of glucose (dextrose) to ensure that the public health will be specifications for HFCS–42 that were fructose utilizing one of several glucose protected. published in the Food Chemicals Codex, isomerase enzyme preparations, for use In addition, the agency has 4th ed., p. 191 (1996), in the monograph as a direct human food ingredient, determined that because the entitled ‘‘High-Fructose Corn Syrup’’ under Executive Order 12866 and the components of HFCS–55 are similar to and that are similar to industry Regulatory Flexibility Act. Executive HFCS–42, and there are no safety comments to the 1988 HFCS proposal. Order 12866 directs agencies to assess 43450 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations all costs and benefits of available American Societies for Experimental Biology, no antibiotics. They are fixed (rendered regulatory alternatives and, when 1976. insoluble) for batch production with regulation is necessary, to select 3. Glinsmann W. H., H. Irausquin, and Y. GRAS ingredients or may be fixed for regulatory approaches that maximize K. Park, ‘‘Evaluation of Health Aspects of further immobilization with either Sugars Contained in Carbohydrate net benefits (including potential Sweeteners,’’ Report of Sugars Task Force GRAS ingredients or materials approved economic, environmental, public health 1986, Journal of Nutrition, 116(11S):S1–S216, under § 173.357 of this chapter. and safety, and other advantages; 1986. * * * * * distributive impacts; and equity). The 4. Franz, M. J. et al, ‘‘Nutrition Principles 5. Section 184.1866 is added to Regulatory Flexibility Act (Pub. L. 96– for the Management of Diabetes and Related subpart B to read as follows: 354) requires analyzing options for Complications,’’ Diabetes Care, 17:490–518, small businesses. FDA finds that this 1994. § 184.1866 High fructose corn syrup. 5. American Diabetes Association, final rule is not a significant regulatory (a) High fructose corn syrup, a sweet, action as defined by Executive Order ‘‘Nutrition Recommendations and Principles for People with Diabetes Mellitus,’’ Diabetes nutritive saccharide mixture containing 12866. Care, 17:519–522, 1994. either approximately 42 or 55 percent Affirming that the use of HFCS that fructose, is prepared as a clear aqueous contains either not less than 42 percent List of Subjects solution from high dextrose-equivalent fructose or not less than 55 percent 21 CFR Part 182 corn starch hydrolysate by partial fructose in food is GRAS will expand enzymatic conversion of glucose Food ingredients, Food packaging, the formulation possibilities for food (dextrose) to fructose using an insoluble Spices and flavorings. manufacturers, including small glucose isomerase enzyme preparation businesses. Therefore, in accordance 21 CFR Part 184 described in § 184.1372. The product with the Regulatory Flexibility Act, FDA containing more than 50 percent has also determined that this rule will Food ingredients, Incorporation by reference. fructose (dry weight) is prepared have a positive impact on small through concentration of the fructose businesses. Therefore, under the Federal Food, Drug, and Cosmetic Act and under portion of the mixture containing less Because no current activity is than 50 percent fructose. prohibited by this final rule, the authority delegated to the Commissioner (b) The ingredient shall conform to compliance cost to firms is zero. Total of Food and Drugs, parts 182 and 184 the identity and specifications listed in costs are also zero because there will be are amended as follows: the monograph entitled ‘‘High-Fructose no increase in the health risks faced by PART 182ÐSUBSTANCES Corn Syrup’’ in the Food Chemicals consumers resulting from this final rule. GENERALLY RECOGNIZED AS SAFE Codex, 4th ed. (1996), pp. 191–192, Potential benefits include the wider use which is incorporated by reference in of these substances to achieve intended 1. The authority citation for 21 CFR accordance with 5 U.S.C. 552(a) and 1 technical effects and the savings that part 182 continues to read as follow: CFR part 51. Copies are available from will result from not having to prepare Authority: Secs. 201, 402, 409, 701 of the the Office of Premarket Approval, any new petitions to affirm that the use Federal Food, Drug, and Cosmetic Act (21 Center for Food Safety and Applied of these substances in food is GRAS. U.S.C. 321, 342, 348, 371). Nutrition (HFS–200), Food and Drug VI. Effective Date Administration, 200 C St. SW., § 182.1866 [Removed] As this rule recognizes an exemption Washington, DC 20204–0001, or may be 2. Section 182.1866 High fructose from the ‘‘food additive’’ definition in examined at the Center for Food Safety corn syrup is removed from subpart B. the Federal Food, Drug, and Cosmetic and Applied Nutrition’s Library, 200 C St. SW., rm. 3321, Washington, DC, or Act, and from the approval PART 184ÐDIRECT FOOD requirements applicable to food at the Office of the Federal Register, 800 SUBSTANCES AFFIRMED AS North Capitol St. NW., suite 700, additives, no delay in effective date is GENERALLY RECOGNIZED AS SAFE required by the Administrative Washington, DC. Procedure Act, 5 U.S.C. 553(d). The rule 3. The authority citation for 21 CFR (c) In accordance with § 184.1(b)(1), will therefore be effective immediately part 184 continues to read as follows: the ingredient is used in food with no (5 U.S.C. 553(d)(1)). Authority: Secs. 201, 402, 409, 701 of the limitation other than current good manufacturing practice. VII. References Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321, 342, 348, 371). Dated: August 15, 1996. The following references have been 4. Section 184.1372 is amended by William K. Hubbard, placed on display at the Dockets revising paragraph (a) to read as follows: Associate Commissioner for Policy Management Branch (HFA–305), Food Coordination. and Drug Administration, 12420 § 184.1372 Insoluble glucose isomerase [FR Doc. 96–21482 Filed 8–22–96; 8:45 am] Parklawn Dr., rm. 1–23, Rockville, MD enzyme preparations. 20857, and may be seen by interested (a) Insoluble glucose isomerase BILLING CODE 4160±01±F persons between 9 a.m. and 4 p.m., enzyme preparations are used in the production of high fructose corn syrup Monday through Friday. 21 CFR Part 558 1.‘‘Evaluation of the Health Aspects of described in § 184.1866. They are Corn Sugar (Dextrose), Corn Syrup, and derived from recognized species of New Animal Drugs For Use In Animal Invert Sugar as Food Ingredients’’ (SCOGS– precisely classified nonpathogenic and Feeds; Semduramicin with Bacitracin 50), Select Committee on GRAS Substances, nontoxicogenic microorganisms, Life Sciences Research Office, Federation of Methylene Disalicylate and Roxarsone; including Streptomyces rubiginosus, Correction American Societies for Experimental Biology, Actinoplanes missouriensis, 1976. 2.‘‘Evaluation of the Health Aspects of Streptomyces olivaceus, Streptomyces AGENCY: Food and Drug Administration, Sucrose as a Food Ingredient’’ (SCOGS–69), olivochromogenes, and Bacillus HHS. coagulans, that have been grown in a Select Committee on GRAS Substances, Life ACTION: Final rule; correction. Sciences Research Office, Federation of pure culture fermentation that produces Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43451

SUMMARY: The Food and Drug § 558.76 Bacitracin methylene disalicylate. SUPPLEMENTARY INFORMATION: Administration (FDA) is correcting a * * * * * I. Background final rule that appeared in the Federal (d) * * * Register of June 11, 1996 (61 FR 29481). (3) * * * In a notice published in the Federal That document amended the animal (xiv) Semduramicin with roxarsone as Register of March 21, 1995 (60 FR drug regulations to reflect approval for in § 558.555. 14950), FDA announced that a GRAS use of single ingredient Type A 3. Section 558.530 is amended by affirmation petition for animal use medicated articles to make combination adding new paragraph (d)(5)(xxiv) to (GRASP 2419) had been filed by drug Type C medicated broiler chicken read as follows: Degussa Corp., c/o Counsel for feeds containing semduramicin with Petitioner, Jerome H. Heckman, Keller bacitracin methylene disalicylate and § 558.530 Roxarsone. and Heckman, 1001 G St. NW., suite 500 roxarsone. That document failed to * * * * * West, Washington, DC 20001. This designate the approved sources for the (d) * * * petition proposes that part 584 (21 CFR drugs. This document amends the (5) * * * part 584) be amended to provide that regulation to provide that information. (xxiv) Semduramicin with bacitracin hydrophobic silica, prepared by the In addition, certain cross-references are methylene disalicylate as in § 558.555. hydrophobization of silicon dioxide with dichlorodimethylsilane, be added in the animal feed regulations. * * * * * affirmed as GRAS as an anticaking/free- EFFECTIVE DATE 4. Section 558.555 is amended by : August 23, 1996. flowing agent in vitamin preparations FOR FURTHER INFORMATION CONTACT: adding a sentence at the end of for animal feed. FDA gave interested James F. McCormack, Center for paragraph (b)(2)(ii) to read as follows: persons until June 5, 1995, to submit Veterinary Medicine (HFV–128), Food § 558.555 Semduramicin. comments. FDA did not receive any and Drug Administration, 7500 Standish comments in response to that notice. Pl., Rockville, MD 20855, 301–594– * * * * * 1607. (b) * * * II. Standards for GRAS Affirmation (2) * * * SUPPLEMENTARY INFORMATION: In the Under § 570.30 (21 CFR 570.30), (ii) * * * Semduramicin as provided Federal Register of June 11, 1996 (61 FR general recognition of safety of food by 000069 in § 510.600(c) of this 29481), FDA announced the approval of ingredients may be based only on the chapter, bacitracin methylene Pfizer, Inc.’s new animal drug views of experts qualified by scientific disalicylate and roxarsone as provided application (NADA) 141–058, which training and experience to evaluate the by 046573. provides for use of approved single safety of food substances. The basis of ingredient Type A medicated articles Dated: August 14, 1996. such views may be either: (1) Scientific containing AviaxTM (semduramicin Stephen F. Sundlof, procedures, or (2) in the case of a sodium), BMD (bacitracin methylene Director, Center for Veterinary Medicine. substance used in food prior to January disalicylate), and 3–Nitro (roxarsone), [FR Doc. 96–21483 Filed 8–22–96; 8:45 am] 1, 1958, through experience based on to make combination drug Type C BILLING CODE 4160±01±F common use in food. General medicated broiler chicken feeds used for recognition of safety based upon the prevention of coccidiosis and scientific procedures requires the same improved feed efficiency. That 21 CFR Part 584 quantity and quality of scientific document failed to state the source of evidence as is required to obtain the approved Type A medicated articles. [Docket No. 95G±0039] approval of a food additive regulation It also failed to amend related for the ingredient and ordinarily is to be regulations to provide for cross- Food Substances Affirmed As based upon published studies, which references to these uses. This document Generally Recognized As Safe In Feed may be corroborated by unpublished amends the regulations in 21 CFR and Drinking Water of Animals; studies and other data and information 558.76(d)(3)(xiv), 558.530(d)(5)(xxiv), Hydrophobic Silica (§ 570.30(b)). General recognition of and 558.555(b)(2)(ii) to provide for the safety through experience based on AGENCY: Food and Drug Administration, cross-references and sources. common use of a substance in food prior HHS. to January 1, 1958, may be determined List of Subjects in 21 CFR Part 558 ACTION: Final rule. without the quantity or quality of Animal drugs, Animal feeds. scientific evidence required for approval SUMMARY: The Food and Drug Therefore, under the Federal Food, of a food additive regulation; but Administration (FDA) is amending its ordinarily it is to be based upon Drug, and Cosmetic Act and under regulations for the listing of specific authority delegated to the Commissioner generally available data and information substances affirmed as generally concerning its pre-1958 history of use of Food and Drugs and redelegated to recognized as safe (GRAS) in the feed the Center for Veterinary Medicine, 21 (§ 570.30(c)). and drinking water of animals and to The subject petition relies on CFR part 558 is amended as follows: provide that hydrophobic silica be scientific procedures evidence to PART 558ÐNEW ANIMAL DRUGS FOR affirmed as GRAS when used as an support GRAS affirmation of USE IN ANIMAL FEEDS anticaking/free-flowing agent in vitamin hydrophobic silica in vitamin preparations for animal feed. This preparations for animal feed. 1. The authority citation for 21 CFR action is in response to a petition filed part 558 continues to read as follows: by Degussa Corp. III. Safety Evaluation Authority: Secs. 512, 701 of the Federal EFFECTIVE DATE: August 23, 1996. A. Manufacturing Process Food, Drug, and Cosmetic Act (21 U.S.C. FOR FURTHER INFORMATION CONTACT: According to the information in the 360b, 371). Sharon A. Benz, Center for Veterinary petition, hydrophobic silica is 2. Section 558.76 is amended by Medicine (HFV–226), Food and Drug manufactured from fumed amorphous adding new paragraph (d)(3)(xiv) to read Administration, 7500 Standish Pl., silicon dioxide or precipitated silica by as follows: Rockville, MD 20855, 301–594–1729. chemical reaction (methylation) of the 43452 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations surface of the silicon dioxide particle commonly used as an anticaking agent various silicates occur abundantly in the with the methylating agent, in various feed ingredients and earth’s crust and are present in dichlorodimethylsilane. The complete feeds (21 CFR 573.940). Other practically all natural waters, animals, dichlorodimethylsilane is mixed with a silicates including silica aerogel (21 CFR and plants; they are part of the normal slurry of silicon dioxide and reacts with 582.1711); aluminum calcium silicate diet, and silicon compounds consumed most of the silanol groups (-Si-OH) on (21 CFR 582.2122); calcium silicate (21 as added food ingredients constitute the surface of the particle and converts CFR 582.2227); magnesium silicate (21 only a minor proportion of the total them to methylsilyl groups (-Si-CH3). CFR 582.2437); sodium aluminosilicate dietary silicon intake (Ref. 1). The methylation reaction occurs only at (21 CFR 582.2727); hydrated sodium The Select Committee also reviewed the surface of the silicon dioxide calcium aluminosilicate (21 CFR the properties, uses, and safety of particle leaving 97 to 99 percent of the 582.2729); and tricalcium silicate (21 methylpolysilicones for use as direct silicon dioxide intact. Thus, the particle CFR 582.2906) are recognized as GRAS food ingredients in 1981, and it of hydrophobic silica may be viewed as as anticaking agents and have a history concluded that methylpolysilicones being composed of silicon dioxide with of use in the feed industry as such. (also called dimethylpolysiloxane) used a surface of dimethylpolysiloxane The petition proposes that in food consist of high molecular weight ((CH3)2SiOSi(CH3)2). hydrophobic silica should not be used compounds that are not absorbed to any After further processing, the resulting at levels greater than 5 percent in the appreciable extent from the hydrophobic silica generally contains 97 vitamin preparation. This would result gastrointestinal tract and have been to 99 percent silicon dioxide. Fumed in no more than 1.5 ppm of demonstrated to be of low acute and hydrophobic silicas generally contain hydrophobic silica in the finished feed. chronic toxicity to animals and man. greater than 99 percent silicon dioxide Other silicates are commonly used at Moreover, the Select Committee also and precipitated hydrophobic silica levels 2 to 2.5 percent or 2,000 ppm in recognized the medical use of contain greater than 97 percent silicon finished feeds. The proposed use of dimethylpolysiloxane as dimethicone dioxide. hydrophobic silica is not expected to and simethicone. Simethicone is widely Silicas used in the production of significantly contribute to the used in over-the-counter drugs as an hydrophobic silica will be food-grade consumption of silicate by animals. antiflatulence ingredient, and as such, is and meet the requirements for purity as generally recognized as safe and C. General Recognition of Safety of defined in the Food Chemical Codex, 3d effective (21 CFR 332.10) (Ref. 2). edition, and the U.S. Pharmacopoeia Silicates The Scientific Committee for Food of and National Formulary XVII. The The petition provides information to the Commission of European specifications for hydrophobic silica are support a determination that the use of Committees, which reviewed the safety those for silicon dioxide in the Food hydrophobic silica is GRAS based upon of silicates and silicon dioxides in 1991, Chemical Codex, with the exception of the existence of an expert consensus concluded that available published data a specification for not more than 50 that the components of hydrophobic on orally administered silica and parts per million (ppm) of silica have been shown to be safe based silicates, including amorphous silicon dichlorodimethylsilane. on scientific procedures and that the dioxide, substantiate the biological safety characteristics of the components inertness of these compounds. It also B. Uses of Hydrophobic Silica can be extended to the product, concluded that silicates and silicones The proposed use of hydrophobic hydrophobic silica. Foremost in the are sufficiently safe so that a restriction silica is as an anticaking/free-flow agent support of safety is published on their use is not required nor is the in vitamin preparations for animal feed, information indicating that similar establishment of an acceptable daily as described in 21 CFR 170.3(o)(1). silicate compounds are nontoxic at intake (Ref. 3). Anticaking agents are processing aids current levels used in food and feed, The Food and Agriculture used to impart noncaking, free-flowing and that the inherent safety of silicon Organization/World Health properties to dry foods by decreasing dioxide is not changed by making the Organization (FAO/WHO) Joint Expert adhesion forces between particles of surface portion hydrophobic because Committee on Food Additives reached materials to which they are added. the toxicological profile is essentially the same conclusion as the Scientific Anticaking agents are commonly used the same as commonly used silicas. Committee for the European in many foods, such as salt, spices, Both silicon dioxide and Communities and also determined that cereals, and sugars, and in complete dimethylpolysiloxane have been widely an acceptable daily intake was not animal feeds and feed ingredients in a used for years in the food, feed, necessary (Ref. 4). manner similar to human foods. pharmaceutical and dental industries. The methylation of the surface of the Information in the petition shows that D. Corroborating Evidence of Safety of silicon dioxide particle only serves to the food safety of silicas has been Hydrophobic Silica render the particle surface of silicon evaluated by numerous scientific The petitioner also submitted relevant dioxide hydrophobic. The increased panels. These panels include the Select toxicological data that supports the hydrophobicity of the particle surface Committee on GRAS Substances of the safety of hydrophobic silica to man and allows hydrophobic silica to act as Federation of the American Society for animals. The submitted information is anticaking and free-flow agents for Experimental Biology (the Select an article in the published literature hydrophobic substances, such as Committee) that reviewed the use, entitled ‘‘Characterization and vitamin A preparations. The individual exposure, and safety of silicas and Toxicological Behavior of Synthetic vitamin particles are coated with silica, silicates in 1979. This committee Amorphous Hydrophobic Silica’’ (Ref. which prevents caking and provides concluded that the absorption of 5). The results reported from testing free-flow characteristics. ingested silicas is limited by its indicate that fumed or precipitated Information supplied by the petitioner solubility in the contents of the hydrophobic silica does not produce evidences that silicas and silicates have alimentary canal and the absorbability inflammation of the skin or mucous been used as direct food and feed of silicon dioxide appears to be slight. membranes, and acute and chronic oral ingredients for several decades. Silicon Further, the Select Committee tests yielded no adverse systemic in the form of silicon dioxide is concluded that silicon dioxide and effects. The submitted information Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43453 indicates that hydrophobic silica is also zero. Potential benefits include 5. GRASP 2419, Appendix 6, nontoxic and the lack of toxicity is wider use of this substance because of ‘‘Characterization and Toxicological Behavior related to hydrophobic silica’s reduced uncertainty concerning its of Synthetic Amorphous Hydrophobic nonabsorbability. The toxicological GRAS status, and any resources saved Silica.’’ profile was essentially the same as by eliminating the need to prepare List of Subjects in 21 CFR Part 584 similar GRAS silicates. further petitions to affirm the GRAS Animal feeds, Food additives. IV. Conclusion status of this substance for this use. The agency certifies that the final rule will Therefore, under the Federal Food, The agency has determined that the not have a significant economic impact Drug, and Cosmetic Act and under petition provides information to support on a substantial number of small authority delegated to the Commissioner a determination that the use of entities. Therefore, under the Regulatory of Food and Drugs, 21 CFR part 584 is hydrophobic silica is GRAS based upon Flexibility Act, no further analysis is amended as follows: the existence of an expert consensus required. that the components of hydrophobic PART 584ÐFOOD SUBSTANCES silica have been shown to be safe based VI. Environmental Impact AFFIRMED AS GENERALLY on scientific procedures and that the The agency has carefully considered RECOGNIZED AS SAFE IN FEED AND safety characteristics of the components the potential environmental effects of DRINKING WATER OF ANIMALS apply to the product, hydrophobic this action. FDA has concluded that the silica. Foremost in the support of safety action will not have a significant impact 1. The authority citation for 21 CFR is published information indicating that on the human environment, and that an part 584 continues to read as follows: similar silicate compounds are safe at environmental impact statement is not Authority: Secs. 201, 402, 409, 701 of the current levels used in food and feed and required. The agency’s finding of no Federal Food, Drug, and Cosmetic Act (21 that the inherent safety of silicon significant impact and the evidence U.S.C. 321, 342, 348, 371). dioxide is not changed when the supporting that finding, contained in an 2. New § 584.700 is added to subpart particle surface is altered by environmental assessment, may be seen methylation. Corroborating evidence has B to read as follows: in the Dockets Management Branch shown that the toxicological profile for (HFA–305), Food and Drug § 584.700 Hydrophobic silicas. hydrophobic silica is essentially the Administration, 12420 Parklawn Dr., same as commonly used silicas. (a) Product. Amorphous fumed rm. 1–23, Rockville, MD 20857, between Therefore, the agency is affirming that hydrophobic silica or precipitated 9 a.m. and 4 p.m., Monday through hydrophobic silica when used as an hydrophobic silica (CAS Reg. No. Friday. anticaking/free-flowing agent in vitamin 68611–44–9, silane, dichlorodimethyl-, preparations for animal feed is GRAS VII. Effective Date reaction products with silica). when used in accordance with good (b) Conditions of use. An anticaking/ manufacturing or feeding practices at As this rule recognizes an exemption free-flow agent in vitamin preparations levels not to exceed 5 percent of the from the food additive definition in the for animal feed. vitamin preparation. Federal Food, Drug, and Cosmetic Act, and from the approval requirements (c) Limitations. Not to exceed 5 V. Analysis of Impacts applicable to food additives, no delay in percent in the vitamin preparation. It shall be used in accordance with good FDA has examined the impacts of the effective date is required by the Administrative Procedure Act, 5 U.S.C. manufacturing or feeding practices. It final rule under Executive Order 12866 must be of purity suitable for intended and the Regulatory Flexibility Act (Pub. 553(d). The rule will therefore be effective immediately (5 U.S.C. use, and it must comply with the L. 96–354). Executive Order 12866 following specifications: directs agencies to assess all costs and 553(d)(1)). (i) Amorphous fumed hydrophobic benefits of available regulatory VIII. References alternatives and, when regulation is silica: Not less than 99.0 percent silicon necessary, to select regulatory The following references have been dioxide after ignition. Not more than 3 approaches that maximize net benefits placed on display in the Dockets ppm arsenic. Not more than 0.003 (including potential economic, Management Branch (address above) percent heavy metals (as lead). Not more environmental, public health and safety, and may be seen by interested persons than 10 ppm lead. Not more than 2.5 and other advantages; distributive between 9 a.m. and 4 p.m., Monday percent loss on drying. Not more than impacts; and equity). The agency through Friday. 2 percent loss on ignition after drying. believes that this final rule is consistent 1. GRASP 2419, Appendix 11, ‘‘Evaluation Not more than 1 percent insoluble with the regulatory philosophy and of the Health Aspects of Certain Silicates as substances. Not more than 50 parts per Food Ingredients: Report of the Select million dichlorodimethylsilane. principles identified in the Executive Committee on GRAS Substances.’’ Order. In addition, the final rule is not (ii) Precipated hydrophobic silica: Not 2. GRASP 2419, Appendix 12, ‘‘Evaluation less than 94.0 percent silicon dioxide a significant regulatory action as defined of the Health Aspects of Methylpolysilicones by the Executive Order and so is not as Food Ingredients: Report of the Select after ignition. Not more than 3 ppm subject to review under the Executive Committee on GRAS Substances.’’ arsenic. Not more than 0.003 percent Order. 3. GRASP 2419, Appendix 10, ‘‘Report on heavy metals (as lead). Not more than 10 The Regulatory Flexibility Act Silicates and Silicon Dioxide: The Scientific ppm lead. Not more than 7 percent loss requires agencies to analyze regulatory Committee for Food of the Commission of the on drying. Not more than 8.5 percent options that would minimize any European Communities.’’ loss on significant impact on small entities. 4. GRASP 2419, Appendix 13, ‘‘Evaluation ignition after drying. Not more than 5 Status of Silicon Dioxide (JECFA);’’ ‘‘FAO/ Because no current activity is prohibited WHO Food Additives Data System;’’ ‘‘FAO percent soluble ionizable salts (as by this final rule, the compliance cost to Food and Nutrition Paper,’’ vol. 30/Rev. 1, sodium sulfate). Not more than 1 firms is zero. Because no increase in the 1985; ‘‘Evaluations of the Joint FAO/WHO percent insoluble substances. Not more health risks faced by consumers will Expert Committee on Food Additives,’’ 1956– than 50 parts per million result from this final rule, total costs are 1984. dichlorodimethylsilane. 43454 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

Dated: August 18, 1996. 2. Respirators employees of the presence of asbestos in Stephen F. Sundlof, The standards require that buildings and vessels. When the 1994 Director, Center for Veterinary Medicine. engineering and work practice controls standards were issued, certain [FR Doc. 96–21529 Filed 8–22–96; 8:45 am] be supplemented by respirator use when provisions for signs and labels were carried over from earlier standards BILLING CODE 4160±01±F employees are exposed to asbestos fibers in concentrations exceeding the issued in 1986, and other provisions permissible exposure limit (PEL) and in were added. In resolving the judicial challenges to DEPARTMENT OF LABOR certain other circumstances. The type of the 1986 standards, the court of appeals respirator that may be used depends on ordered OSHA to reconsider its Occupational Safety and Health the amount by which exposures are Administration determination not to require signs and expected to exceed the PEL. When labels to be in languages other than exposures are less than 10 times the 29 CFR Parts 1910, 1915, and 1926 English. In response to the court’s order, PEL, half-mask air-purifying respirators OSHA did not require that signs and [Docket number H±033±e] equipped with high efficiency filters labels be in languages other than RIN 1218±AB25 may be used. Full-facepiece air- English but did take other steps to purifying respirators with high assure that employees who were not Occupational Exposure to Asbestos, efficiency filters are permissible for fluent in English understood the Tremolite, Anthophyllite and Actinolite exposures up to 50 times the PEL. warnings provided by the signs and Higher exposures require the use of labels. The agency added a new AGENCY: Occupational Safety and Health positive pressure respirators, either Administration, Department of Labor. requirement that the training program powered air-purifying respirators (for specifically cover the contents of signs ACTION: Final rule: corrections. exposures up to 100 times the PEL) or and labels and also required that the full facepiece supplied-air respirators SUMMARY: The Occupational Safety and training assure that employees (for even higher exposures). comprehend the warning signs. With Health Administration (OSHA) is Paragraph (h)(2)(iii) of the correcting certain provisions of the final these changes, OSHA concluded that construction and shipyard standards the entire hazard communication asbestos standards issued August 10, provides that any employee who must 1994 (59 FR 40964) and corrected and program required by the standard ‘‘will wear a respirator under the standard ensure that all exposed employees are clarified June 29, 1995 (60 FR 33974) may require that the employer provide and September 29, 1995 (60 FR 50411). effectively warned of the presence and him or her with a powered air-purifying hazards of asbestos-containing material EFFECTIVE DATE: These amendments take respirator in lieu of a negative pressure effect September 23, 1996. on worksites.’’ 55 FR 3724, 3730 (Feb. respirator. Accordingly, even if the 5, 1990). FOR FURTHER INFORMATION CONTACT: Ms. amount of asbestos to which an The 1994 standards carried over the Anne Cyr, Office of Information and employee is exposed would permit that provisions requiring that employees be Consumer Affairs, OSHA, U. S. employee to be protected by a negative trained in the contents of signs and Department of Labor, Room N3647, 200 pressure respirator, an employee who labels and that the training be Constitution Avenue, N.W., wishes to wear a more effective conducted in a manner that the Washington, DC 20210; telephone: (202) respirator may require the employer to employee can comprehend. To further 219–8151. provide a powered air-purifying ensure that workers understand the SUPPLEMENTARY INFORMATION: respirator. warnings provided by signs and labels, It is important that employees the June 29, 1995 notice added a 1. Background understand that they have this choice. requirement to the construction and On August 10, 1994, OSHA issued Accordingly, paragraph (h)(2)(iii) of the shipyard standards stating that the asbestos standards for general industry, construction and shipyard standards is employer assure that the signs required construction work, and shipyard work. being revised to state explicitly that the at the entrance to regulated areas be 59 FR 40964. On June 29, 1995, and employer must inform employees of comprehensible to employees. The September 29, 1995, OSHA issued their right to require provision of a regulated area sign provisions listed notices correcting and clarifying various powered air-purifying respirator in lieu foreign languages, pictographs and provisions of those standards. 60 FR of a negative pressure respirator. This graphics, as means to promote employee 33974; 60 FR 50411. This notice further requirement for employee notification is comprehension. corrects various provisions of the already implicit in provisions of the OSHA has determined that language standards and clarifies the meaning of standards requiring that employees who stating the need to promote employee certain provisions of the standards. perform work that is covered by a comprehension of signs and labels The corrections set forth in this standard be trained in the contents of should be included in all of the sign and document are based on the existing the standard. By stating explicitly that label requirements found in the asbestos rulemaking record and are not intended the employer must inform employees standards. Accordingly, this notice to affect the protection afforded by the who are required to wear respirators revises paragraph (j)(3)(v) of the general standards in a significant way. OSHA that the employee may require the industry standard, and paragraphs (k)(6) therefore finds good cause, pursuant to employer to provide a powered air- and (k)(8)(vii) of the construction and 29 CFR 1911.15 and the Administrative purifying respirator, the standards will shipyard standards, to similarly state Procedure Act, for promulgating the better assure that employees receive the that employers must assure employee corrections without notice and information they need to exercise the comprehension of the signs and labels. opportunity for public comment. option afforded them by paragraph These revisions will provide for This preamble will describe the (h)(2)(iii). consistency in all of the provisions of changes to the regulatory text of the the standards that require asbestos standards and will also clarify the 3. Signs and Labels warning signs and labels and will meaning of certain existing provisions The asbestos standards require that therefore better assure that workers, of the asbestos standards. signs and labels be used to warn particularly those who are not fluent in Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43455

English, are aware of the presence and operations require controls such as generally requires a Class II competent location of asbestos in their workplaces. critical barriers (or equivalent isolation person to receive a 40-hour course that OSHA reiterates, however, that it is not methods) or negative pressure meets the requirement of EPA’s Model mandating that signs and labels be enclosures. Such controls are required Accreditation Plan. However, paragraph written in languages other than English. for those operations that present the (o)(4)(i) also permits an alternative The standards give each employer greatest potential for high exposures, course that is certified by the EPA or by flexibility in deciding how to best and the workers who perform such a state and is equivalent in stringency, assure that the employees in its operations must thoroughly understand content, and length to the EPA Model workplace understand the message when and how such controls must be Accreditation Plan course. Various conveyed by the signs and labels. used. The training provisions are also training providers have developed being clarified to state that training for 4. Training ‘‘competent person’’ training courses workers who engage in other Class II that are specifically designed to train Proper training is vital to assure that removals must include training in each roof removal supervisors. These courses workers who remove or disturb category of material the employee focus on roof removal work rather than asbestos-containing materials are aware removes and in each work practice and of the hazards of asbestos exposure and each removal method the employee asbestos removal methods that are used understand the requirements of the uses. Similar performance-oriented in indoor work and therefore require standard that, if followed, will minimize language is also being added to the Class less training time than the EPA MAP such exposure. The standard’s training III training provision. By stating the course. Because these courses are provisions are designed to assure that training requirement in performance- shorter than the 40-hour MAP course, each employee receives a degree of oriented terms, the standard gives each training providers that have developed training appropriate to the nature of the employer flexibility in designing a such courses and state agencies whose asbestos-related tasks that employee training course suited to its operation approval has been sought have been performs. while assuring that each employee uncertain as to whether roofing Employees who perform Class I receives training that covers all of the supervisors trained in such courses asbestos removals must be given a 32- asbestos-related tasks that employee would qualify as ‘‘competent persons’’ hour training course equivalent to the performs. under the OSHA asbestos standards. asbestos abatement training required As discussed above, all training must under the EPA Model Accreditation It was OSHA’s intent to assure that a be conducted in a manner that is competent person receives full and Plan. The 1994 standard required comprehensible to the employee. effective training in the type of asbestos similar training for workers who engage Therefore, any written or electronic jobs that the person supervises. For in general Class II removals but required media that is used in the training must 8-hour training for workers who remove be presented at a reading level that is routine roof removal work, where the only a single generic type of Class II appropriate for the workers being material is intact prior to removal, a material, such as roofing or flooring trained, and the employer must take well-designed training course that deals material. The intent was to assure that reasonable steps to assure that specifically with roof removal work will those employees who were employed by employees who are not fluent in English effectively train competent persons to asbestos abatement contractors and understand the content of the training. supervise such jobs. However, where performed a wide range of asbestos A worker’s ability to obtain a timely roofing material has deteriorated to the abatement work would receive the full response to questions he or she may point where it is no longer ‘‘intact’’ 32-hour training, while workers who have about the content of the training is within the meaning of the standards, worked for specialty contractors and also a key to worker comprehension. removal of the material can result in performed limited asbestos removal Accordingly, while a training course excessive exposures, and the job should work would receive 8-hour training that may use written materials and be supervised by a person who has been focused on the particular type of electronic media such as videotapes or trained in the full range of asbestos material they removed. computer-based training, a abatement methods. Therefore, OSHA The June 29, 1995 notice retained the knowledgeable person (such as a person has interpreted paragraph (o)(4)(i) to requirement that workers who remove a who qualifies as a ‘‘competent person’’ require 40-hour training for competent single generic type of Class II building for the particular type of asbestos work persons who oversee roof removal work material receive 8-hour training. addressed in the training) must be when the material being removed is However, OSHA determined that available to answer questions during the non-intact prior to removal. For workers who remove asbestos- training. Modern communication competent persons who supervise containing materials other than building techniques permit effective questioning removals for which the roofing material materials, such as gaskets, do not of a person who is not physically is intact prior to removal, state- necessarily require 8 hours of training. present in the room where the training approved courses of shorter than 40- Accordingly, the standards were revised is taking place, and the standards do not hour duration are permitted. When a to specify the topics that the training for preclude reliance on such methods. powered roof cutter is used to remove such workers had to cover rather than However, regardless of whether an the duration of the training. instructor is physically present during built-up roofing, the force of the cutting In making these changes to the Class the training, the employer must assure blade produces dust that is non-intact II training provisions, the requirement that the employees have a full even if the material is intact to begin in paragraph (k)(9)(iii) for a 32-hour opportunity to have questions answered with. However, for purpose of the training course for those workers who in a timely manner. competent person training provision, engage in Class II removals as part of OSHA has received several inquiries this would not be considered a non- general asbestos abatement work was about the training required for a person intact removal that would require 40- inadvertently deleted. This notice to qualify as a ‘‘competent person’’ for hour training. Only if the material has restores and clarifies that requirement. roof removal work. Roof removal is deteriorated to the point where it is non- Paragraph (k)(9)(iii) now states that 32- Class II work, and paragraph (o)(4)(i) of intact prior to removal is 40-hour hour training is required when Class II the construction and shipyard standards training required. 43456 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

5. Medical Surveillance bag or waste bag and treating the job as This document was prepared under The 1994 construction and shipyard Class III. Material is only considered to the direction of Joseph A. Dear, standards required medical surveillance be ‘‘contained’’ if the glove bag or waste Assistant Secretary of Labor for ‘‘for all employees who for a combined bag is filled to the point where it can be Occupational Safety and Health, U.S. total of 30 or more days per year are sealed effectively and will not become Department of Labor, 200 Constitution engaged in Class I, II and III work or are opened inadvertently or broken during Avenue, N.W., Washington, DC 20210. exposed at or above the permissible normal handling. To facilitate secure Accordingly, pursuant to sections 4, exposure limit or excursion limit.’’ The closure and avoid breakage, it is 6(b), (8)(c), and 8(g) of the Occupational agency’s intent was to count towards the generally proper practice to fill a bag Safety and Health Act of 1970 (29 U.S.C. only 1 3 1 2 medical surveillance requirement all of ⁄ to ⁄ full. 653, 655, 657); Sec. 107, Contract Work Hours and Safety Standard Act the days in which an employee 7. Class IV Work performed either Class I or Class II or (Construction Safety Act, 40 U.S.C. 333); As OSHA has explained previously, Sec. 41, Longshore and Harbor Workers’ Class III work or, regardless of the type Class IV work must be related to and on of work being done, was exposed over Compensation Act (33 U.S.C. 941); 5 the site of a construction job to be U.S.C. Sec. 553; and 29 CFR Part 1911; either the permissible exposure limit or regulated by the Asbestos Construction excursion limit. The June 29, 1995 29 CFR Parts 1910, 1915 and 1926 are Standard, 29 CFR 1926.1101. 60 FR amended as set forth below. corrections notice modified this 33974. This distinguishes such ‘‘clean- provision to require medical up’’ work from housekeeping which is Signed at Washington, DC, this 19th day of August, 1996. surveillance ‘‘for all employees who for regulated by the Asbestos General a combined total of 30 or more days per Industry Standard, 29 CFR 1910.1001. Joseph A. Dear, year are engaged in Class I, II and III OSHA further wishes to clarify that Assistant Secretary Occupational Safety and work or are exposed at or above the ‘‘clean-up’’ performed as a Class IV Health Administration. permissible exposure limit or excursion activity does not include picking up and OSHA hereby amends 29 CFR Parts limit for a combined 30 days or more bagging asbestos debris/dust during 1910, 1915 and 1926 as follows: per year.’’ The addition of the second Class I, II, or III work. Class I, II, and III reference to 30 days or more per year work is subject to the requirement in PART 1910ÐOCCUPATIONAL SAFETY was not intended to change the paragraph (g)(1)(iii) of the construction AND HEALTH STANDARDS substantive meaning of the provision and shipyard standards for prompt 1. The authority citation of subpart Z and has proven to be confusing. The clean-up and disposal of asbestos- of 29 CFR part 1910 continues to read provision is therefore being revised to containing waste and debris. Therefore, as follows: return to the original wording. the collection and bagging of dust and The June 29, 1995 corrections notice debris that results from Class I, II, or III Authority: Secs. 6, 8 Occupational Safety also provided that days in which an work is considered a part of that class and Health Act, 29 U.S.C. 655, 657: Secretary employee spends less than one hour of Labor’s Order 12–71 (36 FR 8754), 9–76 of work and must be done by employees (41 FR 25059), 9–83 [48 FR 35736] or 1–90 performing Class II or III work and, in trained to do such work. Class IV (55 FR 9033), as applicable; and 29 CFR part doing so, fully conforms to the work activities consist of clean-up work that 1911. practices specified in the standard, need takes place in an area after a Class I, II, All of subpart Z issued under section not be counted towards the medical or III job in that area has been 6(b) of the Occupational Safety and surveillance requirement. This completed. Although any asbestos- Health Act, except those substances provision is being further modified to containing dust and debris should have which have exposure limits listed in state that such days are excluded only been removed during the Class I, II, or Tables Z–1, Z–2 and Z–3 of 29 CFR if the material being removed or III job, OSHA recognizes that some 1910.1000. The latter were issued under disturbed is intact. Removal or residual asbestos-containing dust or disturbance of non-intact material section 6(a) [29 U.S.C. 655(a)]. debris may be present after the Class I, Section 1910.1000, Tables Z–1, Z–2 presents the potential for considerable II, or III job (including cleanup) has and Z–3 also issued under 5 U.S.C. 553. exposure to asbestos fibers, and any day been completed. The Class IV Section 1910.1000, Tables Z–1, Z–2 and in which such work takes place should classification under the construction Z–3 not issued under 29 CFR part 1911 count towards the medical surveillance and shipyard standards for further except for the arsenic (organic requirement. The provision is also being cleanup work in areas where Class I, II, compounds), benzene, and cotton dust clarified by stating that the one hour or III work has taken place means that listings. time period includes the time spent on an asbestos-trained ‘‘competent person’’ Section 1910.1001 also issued under the entire removal operation, including must evaluate the work before it is done section 107 of Contract Work Hours and cleanup. to assure that it should not be classified Safety Standards Act, 40 U.S.C. 333. 6. One Waste-Bag Limitation for Class under another category. The Class IV Section 1910.1002 not issued under III Work classification also means that the 29 U.S.C. or 29 CFR part 1911; also employees who perform the work must issued under 5 U.S.C. 653. Class III work includes maintenance receive sufficient training to recognize Section 1910.1003 through 1910.1018 work for which a small amount of ACM the presence of ACM, understand the also issued under 29 CFR 653. must be cut away to access mechanical hazards associated with asbestos Section 1910.1025 also issued under or structural components of buildings. exposure, and know the appropriate 29 U.S.C. 653 and 5 U.S.C. 553. In order to qualify as Class III work work practices that must be followed to Section 1910.1028 also issued under (rather than Class I or Class II work), the minimize the potential for asbestos 29 U.S.C. 653. amount cut away must be less than the exposure. Section 1910.1030 also issued under amount that can be contained in a 29 U.S.C. 653. standard-sized glove bag or waste bag. List of Subjects in 29 CFR Part 1910, Section 1910.1043 also issued under 5 Employers may not circumvent the 1915, and 1926 U.S.C. 551 et seq. requirements for Class I and Class II Asbestos, Occupational Safety and Section 1910.1045 and 1910.1047 also removals by overfilling a single glove Health. issued under 29 U.S.C. 653. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43457

Section 1910.1048 also issued under Table 1 * * * (iv) Training for other Class II work. 29 U.S.C. 653. * * * * * (A) For work with asbestos containing Sections 1910.1200, 1910.1499 and 3. In § 1915.1001, paragraph (k)(6) is roofing materials, flooring materials, 1910.1500 also issued under 5 U.S.C. revised to read as follows: siding materials, ceiling tiles, or transite 553. panels, training shall include at a * * * * * Section 1910.1450 is also issued (k) * * * minimum all the elements included in under sec. 6(b), 8(c) and 8(g)(2), Pub. L. (6) At the entrance to mechanical paragraph (k)(9)(viii) of this section and 91–596, 84 Stat. 1593, 1599, 1600; 29 rooms/areas in which employees in addition, the specific work practices U.S.C. 655, 657. reasonably can be expected to enter and and engineering controls set forth in 2. In § 1910.1001, paragraph (j)(3)(v) is which contain ACM and/or PACM, the paragraph (g) of this section which revised to read as follows: building/vessel owner shall post signs specifically relate to that category. Such course shall include ‘‘hands-on’’ § 1910.1001 Asbestos. which identify the material which is present, its location, and appropriate training and shall take at least 8 hours. * * * * * work practices which, if followed, will (B) An employee who works with (j) * * * ensure that ACM and/or PACM will not more than one of the categories of (3) * * * be disturbed. The employer shall material specified in paragraph (v) At the entrance to mechanical ensure, to the extent feasible, that (k)(9)(iv)(A) of this section shall receive rooms/areas in which employees employees who come in contact with training in the work practices applicable reasonably can be expected to enter and these signs can comprehend them. to each category of material that the which contain ACM and/or PACM, the Means to ensure employee employee removes and each removal building owner shall post signs which comprehension may include the use of method that the employee uses. identify the material which is present, foreign languages, pictographs, graphics, (C) For Class II operations not its location, and appropriate work and awareness training. involving the categories of material practices which, if followed, will ensure * * * * * specified in paragraph (k)(9)(iv)(A) of that ACM and/or PACM will not be 4. In § 1915.1001, paragraph (k)(8)(vii) this section, training shall be provided disturbed. The employer shall ensure, to is revised to read as follows: which shall include at a minimum all the extent feasible, that employees who the elements included in paragraph come in contact with these signs can * * * * * (k) * * * (k)(9)(viii) of this section and in comprehend them. Means to ensure (8) * * * addition, the specific work practices employee comprehension may include (vii) When a building/vessel owner or and engineering controls set forth in the use of foreign languages, employer identifies previously installed paragraph (g) of this section which pictographs, graphics, and awareness PACM and/or ACM, labels or signs shall specifically relate to the category of training. be affixed or posted so that employees material being removed, and shall * * * * * will be notified of what materials include ‘‘hands-on’’ training in the work contain PACM and/or ACM. The practices applicable to each category of PART 1915Ð[AMENDED] employer shall attach such labels in material that the employee removes and each removal method that the employee 1. The authority citation of 29 CFR areas where they will clearly be noticed uses. part 1915 continues to read as follows: by employees who are likely to be exposed, such as at the entrance to (v) Training for Class III employees Authority: Sec. 41, Longshore and Harbor mechanical room/areas. Signs required shall be consistent with EPA Workers Compensation Act (33 U.S.C. 941); by paragraph (k)(6) of this section may requirements for training of local secs. 4, 6, 8, Occupational Safety and Health education agency maintenance and Act of 1970 (29 U.S.C. 653, 655, 657); sec. 4 be posted in lieu of labels so long as of the Administrative Procedure Act (5 U.S.C. they contain information required for custodial staff as set forth at 40 CFR 553); Secretary of Labor’s Order No. 12–71 labelling. The employer shall ensure, to 763.92(a)(2). Such a course shall also (36 FR 8754), 8–76 (41 FR 35736) or 1–90 (55 the extent feasible, that employees who include ‘‘hands-on’’ training and shall FR 9033), as applicable; 29 CFR part 1911. come in contact with these signs or take at least 16 hours. Exception: For Class III operations for which the 2. In § 1915.1001, paragraph (h)(2)(iii) labels can comprehend them. Means to competent person determines that the is revised to read as follows: ensure employee comprehension may include the use of foreign languages, EPA curriculum does not adequately § 1915.1001 Asbestos. pictographs, graphics, and awareness cover the training needed to perform * * * * * training. that activity, training shall include as a minimum all the elements included in (h) * * * * * * * * (2) * * * 5. In § 1915.1001, paragraphs paragraph (k)(9)(viii) of this section and (iii)(A) The employer shall provide a (k)(9)(iii), (k)(9)(iv), and (k)(9)(v) are in addition, the specific work practices tight fitting powered, air-purifying revised to read as follows: and engineering controls set forth in respirator in lieu of any negative- paragraph (g) of this section which * * * * * specifically relate to that activity, and pressure respirator specified in Table 1 (k) * * * whenever: (9) * * * shall include ‘‘hands-on’’ training in the (1) an employee chooses to use this (iii) Training for Class I operations work practices applicable to each type of respirator; and and for Class II operations that require category of material that the employee (2) this respirator will provide the use of critical barriers (or equivalent disturbs. adequate protection to the employee. isolation methods) and/or negative * * * * * (B) The employer shall inform any pressure enclosures under this section 6. In § 1915.1001, paragraph employee required to wear a respirator shall be the equivalent in curriculum, (m)(1)(i)(A) is revised to read as follows: under this paragraph that the employee training method and length to the EPA * * * * * may require the employer to provide a Model Accreditation Plan (MAP) (m) * * * powered, air-purifying respirator in lieu asbestos abatement workers training (40 (1) * * * of a negative pressure respirator. CFR part 763, subpart E, appendix C). (i) * * * 43458 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

(A) The employer shall institute a (6) At the entrance to mechanical paragraph (k)(9)(viii) of this section and medical surveillance program for all rooms/areas in which employees in addition, the specific work practices employees who for a combined total of reasonably can be expected to enter and and engineering controls set forth in 30 or more days per year are engaged in which contain ACM and/or PACM, the paragraph (g) of this section which Class I, II and III work or are exposed building owner shall post signs which specifically relate to that category. Such at or above a permissible exposure limit. identify the material which is present, course shall include ‘‘hands-on’’ For purposes of this paragraph, any day its location, and appropriate work training and shall take at least 8 hours. in which a worker engages in Class II or practices which, if followed, will ensure (B) An employee who works with Class III operations or a combination that ACM and/or PACM will not be more than one of the categories of thereof on intact material for one hour disturbed. The employer shall ensure, to material specified in paragraph or less (taking into account the entire the extent feasible, that employees who (k)(9)(iv)(A) of this section shall receive time spent on the removal operation, come in contact with these signs can training in the work practices applicable including cleanup) and, while doing so, comprehend them. Means to ensure to each category of material that the adheres fully to the work practices employee comprehension may include employee removes and each removal specified in this standard, shall not be the use of foreign languages, method that the employee uses. counted. pictographs, graphics, and awareness (C) For Class II operations not * * * * * training. involving the categories of material * * * * * specified in paragraph (k)(9)(iv)(A) of PART 1926Ð[AMENDED] 4. In § 1926.1101, paragraph (k)(8)(vii) this section, training shall be provided which shall include at a minimum all 1. The authority citation of subpart Z is revised to read as follows: * * * * * the elements included in paragraph of 29 CFR part 1926 continues to read (k)(9)(viii) of this section and in as follows: (k) * * * (8) * * * addition, the specific work practices Authority: Sections 6 and 8, Occupational (vii) When a building owner or and engineering controls set forth in Safety and Health Act, 29 U.S.C. 655, 657; employer identifies previously installed paragraph (g) of this section which Secretary of Labor’s Orders Nos. 12–71 (36 PACM and/or ACM, labels or signs shall specifically relate to the category of FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR material being removed, and shall 35736) or 1–90 (55 FR 9033) as applicable; be affixed or posted so that employees and 29 CFR part 1911. will be notified of what materials include ‘‘hands-on’’ training in the work contain PACM and/or ACM. The practices applicable to each category of Section 1926.1102 not issued under employer shall attach such labels in material that the employee removes and 29 U.S.C. 655 or 29 CFR part 1911; also areas where they will clearly be noticed each removal method that the employee issued under 5 U.S.C. 653. by employees who are likely to be uses. Section 1926.1103 through 1926.1118 exposed, such as at the entrance to (v) Training for Class III employees also issued under 29 U.S.C. 6653. mechanical room/areas. Signs required shall be consistent with EPA Section 1926.1128 also issued under by paragraph (k)(6) of this section may requirements for training of local 29 U.S.C. 653. be posted in lieu of labels so long as education agency maintenance and Section 1926.1145 and 1926.1147 also custodial staff as set forth at 40 CFR issued under 29 U.S.C. 653. they contain information required for labelling. The employer shall ensure, to 763.92(a)(2). Such a course shall also Section 1926.1148 also issued under include ‘‘hands-on’’ training and shall 29 U.S.C. 653. the extent feasible, that employees who come in contact with these signs or take at least 16 hours. Exception: For 2. In § 1926.1101, paragraph (h)(2)(iii) Class III operations for which the is revised to read as follows: labels can comprehend them. Means to ensure employee comprehension may competent person determines that the § 1926.1101 Asbestos. include the use of foreign languages, EPA curriculum does not adequately * * * * * pictographs, graphics, and awareness cover the training needed to perform (h) * * * training. that activity, training shall include as a minimum all the elements included in (2) * * * * * * * * (iii)(A) The employer shall provide a 5. In § 1926.1101, paragraphs paragraph (k)(9)(viii) of this section and tight fitting powered, air-purifying (k)(9)(iii), (k)(9)(iv), and (k)(9)(v) are in addition, the specific work practices respirator in lieu of any negative- revised to read as follows: and engineering controls set forth in pressure respirator specified in Table 1 paragraph (g) of this section which * * * * * specifically relate to that activity, and whenever: (k) * * * shall include ‘‘hands-on’’ training in the (1) An employee chooses to use this (9) * * * type of respirator; and (iii) Training for Class I operations work practices applicable to each (2) This respirator will provide and for Class II operations that require category of material that the employee adequate protection to the employee. the use of critical barriers (or equivalent disturbs. (B) The employer shall inform any isolation methods) and/or negative * * * * * employee required to wear a respirator pressure enclosures under this section 6. In § 1926.1101, paragraph under this paragraph that the employee shall be the equivalent in curriculum, (m)(1)(i)(A) is revised to read as follows: may require the employer to provide a training method and length to the EPA * * * * * powered, air-purifying respirator in lieu Model Accreditation Plan (MAP) (m) * * * of a negative pressure respirator. asbestos abatement workers training (40 (1) * * * Table 1 * * * CFR Part 763, subpart E, appendix C). (i) * * * (iv) Training for other Class II work. (A) The employer shall institute a * * * * * (A) For work with asbestos containing medical surveillance program for all 3. In § 1926.1101, paragraph (k)(6) is roofing materials, flooring materials, employees who for a combined total of revised to read as follows: siding materials, ceiling tiles, or transite 30 or more days per year are engaged in * * * * * panels, training shall include at a Class I, II and III work or are exposed (k) * * * minimum all the elements included in at or above a permissible exposure limit. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43459

For purposes of this paragraph, any day document is also accessible for not apply. Wherever possible, however, in which a worker engages in Class II or downloading in ASCII format without it is the practice of the Office of Foreign Class III operations or a combination charge from Treasury’s Electronic Assets Control to receive written thereof on intact material for one hour Library (‘‘TEL’’) in the ‘‘Business, Trade submissions or hold informal or less (taking into account the entire and Labor Mall’’ of the FedWorld consultations with interested parties time spent on the removal operation, bulletin board. By modem, dial 703/ concerning any rule or other public including cleanup) and, while doing so, 321–3339, and select the appropriate document. adheres fully to the work practices self–expanding file in TEL. For Internet For the reasons set forth in the specified in this standard, shall not be access, use one of the following preamble, and under the authority of 50 counted. protocols: Telnet = fedworld.gov U.S.C. 1701–1706; 50 U.S.C. 1601–1641; (192.239.93.3); World Wide Web (Home 3 U.S.C. 301; E.O. 12978, 60 FR 54579 [FR Doc. 96–21519 Filed 8–22–96; 8:45 am] Page) = http://www.fedworld.gov; FTP (October 24, 1995), with respect to the BILLING CODE 4510±26±P = ftp.fedworld.gov (192.239.92.205). SDNT entries, and 50 U.S.C. App. 1–44; Additional information concerning the E.O. 9193, 7 FR 5205, 3 CFR, 1938–1943 programs of the Office of Foreign Assets Comp., p. 1174; E.O. 9989, 13 FR 4891, DEPARTMENT OF THE TREASURY Control is available for downloading 3 CFR, 1943–1948 Comp., p. 748, with from the Office’s Internet Home Page: Office of Foreign Assets Control respect to the North Korean entries; http:/www.ustreas.gov/treasury/ Appendices A and B to Chapter V of 31 31 CFR Chapter V services/fac/fac.html, or in fax form CFR are amended as set forth below: through the Office’s 24–hour fax–on– 1. Appendix A to Chapter V of 31 CFR Blocked Persons, Specially Designated demand service: call 202/622–0077 is amended by correcting the Ce´dula No. Nationals, Specially Designated using a fax machine, fax modem, or ‘‘31200371’’ under the name Terrorists, Specially Designated touch tone telephone. ‘‘VILLEGAS ARIAS, Maria Deisy,’’ to Narcotics Traffickers, and Blocked Background read ‘‘31200871’’ and removing the Vessels; Correction and Removal of entry ‘‘National General Insurance Co. Entry The three appendices appearing at the Ltd.’’. end of chapter V, 31 CFR, containing the 2. Appendix B to chapter V of 31 CFR AGENCY: Office of Foreign Assets names of individuals and entities is amended by under the heading Control, Treasury. determined by the Director, Office of ‘‘Colombia,’’ correcting the Ce´dula No. ACTION: Correction and amendment of Foreign Assets Control, to be blocked ‘‘31200371’’ under the name final rule. persons, specially designated nationals, ‘‘VILLEGAS ARIAS, Maria Deisy,’’ to specially designated terrorists, specially read ‘‘31200871’’ and under the heading SUMMARY: On June 26, 1996, the Office designated narcotics traffickers, and ‘‘United Arab Emirates,’’ removing the of Foreign Assets Control published a blocked vessels, consolidate existing entry ‘‘National General Insurance Co. final rule to create three new lists previously issued under the various Ltd.’’. appendices to 31 CFR chapter V that economic sanctions programs contain lists of individuals and entities administered by the Office of Foreign Dated: August 8, 1996. determined to be blocked persons, Assets Control. (61 FR 32936, June 26, R. Richard Newcomb, specially designated nationals, specially 1996) This rule is being issued to correct Director, Office of Foreign Assets Control. designated terrorists, specially a typographical error to the ‘‘Ce´dula Approved: August 9, 1996. designated narcotics traffickers, and No.’’ (the Colombian equivalent to a James E. Johnson, blocked vessels. This document corrects social security number) contained in the Assistant Secretary (Enforcement). a typographical error in that rule, and identifying information in Appendices [FR Doc. 96–21471 Filed 8–22–96; 8:45 am] removes the entries for an entity no A and B for a designated narcotics longer deemed to be a specially trafficker, ‘‘VILLEGAS ARIAS, Maria BILLING CODE 4810±25±F designated national of North Korea. Deisy.’’ Ce´dula No. ‘‘31200371’’ is EFFECTIVE DATE: August 23, 1996. corrected to read ‘‘31200871.’’ This rule 31 CFR Parts 500, 515, 535, 550, 560, FOR FURTHER INFORMATION CONTACT: is also being issued to remove the entry and 575 Office of Foreign Assets Control, ‘‘National General Insurance Company Department of the Treasury, Ltd.’’ from Appendices A and B, since Foreign Assets Control Regulations, Washington, D.C. 20220, Tel.:202/622– the Office of Foreign Assets Control has Cuban Assets Control Regulations, 2520. determined that this entity is no longer Iranian Assets Control Regulations, a specially designated national of North Libyan Sanctions Regulations, Iranian SUPPLEMENTARY INFORMATION: Korea. Accordingly, all transactions by Transactions Regulations, Iraqi persons subject to the jurisdiction of the Electronic and Facsimile Availability Sanctions Regulations; United States in which National General Implementation of Section 321 of the This document is available as an Insurance Company Ltd. has an interest Antiterrorism and Effective Death electronic file on The Federal Bulletin are authorized. Penalty Act of 1996 Board the day of publication in the Since the Regulations involve a Federal Register. By modem, dial 202/ foreign affairs function, the provisions AGENCY: Office of Foreign Assets 512–1387 and type ‘‘/GO FAC,’’ or call of Executive Order 12866 and the Control, Treasury. 202/512–1530 for disk or paper copies. Administrative Procedure Act (5 U.S.C. ACTION: Final rule; amendments. This file is available for downloading 553), requiring notice of proposed without charge in WordPerfect 5.1, rulemaking, opportunity for public SUMMARY: This final rule amends the ASCII, and Adobe AcrobatTM readable participation, and delay in effective Foreign Assets Control Regulations, (*.PDF) formats. For Internet access, the date, are inapplicable. Because no Cuban Assets Control Regulations, address for use with the World Wide notice of proposed rulemaking is Iranian Assets Control Regulations, Web (Home Page), Telnet, or FTP required for this rule, the Regulatory Libyan Sanctions Regulations, Iranian protocol is: fedbbs.access.gpo.gov. The Flexibility Act (5 U.S.C. 601–612) does Transactions Regulations, and Iraqi 43460 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

Sanctions Regulations (the Administration Act (50 U.S.C. App. the United States, Iran, Penalties, ‘‘Regulations’’) to implement section 2405) as supporting international Reporting and recordkeeping 321 of the Antiterrorism and Effective terrorism. U.S. persons who engage in requirements, Securities. Death Penalty Act of 1996, by adding such transactions shall be fined under 31 CFR Part 550 the Act as authority for the Regulations title 18, United States Code, or and advising the public of the criminal imprisoned for up to 10 years, or both. Administrative practice and penalties imposed for violations. This final rule amends the Regulations procedure, Banks, banking, Blocking of EFFECTIVE DATE: 12:01 a.m. EDT, August to add the Act as an authority for the assets, Exports, Foreign investment, 22, 1996. Regulations, and to indicate the Foreign trade, Government of Libya, FOR FURTHER INFORMATION CONTACT: penalties imposed for violations of the Imports, Libya, Loans, penalties, Office of Foreign Assets Control, Act. No other change to the Regulations Reporting and recordkeeping Department of the Treasury, is made. A separate rule adding the requirements, Securities, Services, Washington, DC 20220; tel.: 202/622– Terrorism List Governments Sanctions Specially designated nationals, Travel 2520. Regulations to implement section 321 of restrictions. the Act with respect to financial SUPPLEMENTARY INFORMATION: 31 CFR Part 560 transactions of U.S. persons with the Electronic and Facsimile Availability governments of other countries Administrative practice and procedure, Agriculture commodities, This document is available as an designated under section 6(j) is being Banking and finance, Exports, Foreign electronic file on The Federal Bulletin published simultaneously in the trade, Imports, Information, Board the day of publication in the Federal Register. Investments, Iran, Loans, Penalties, Federal Register. By modem, dial 202/ Since the Regulations involve a Reporting and recordkeeping 512–1387 and type ‘‘/GO FAC,’’ or call foreign affairs function, Executive Order requirements, Services, Specially 202/512–1530 for disk or paper copies. 12886 and the provisions of the designated nationals, Transportation. This file is available for downloading Administrative Procedure Act (5 U.S.C. without charge in WordPerfect 5.1, 553), requiring notice of proposed 31 CFR Part 575 TM rulemaking, opportunity for public ASCII, and Adobe Acrobat readable Administrative practice and (*.PDF) formats. For Internet access, the participation, and delay in effective date, are inapplicable. Because no procedure, Banks, banking, Blocking of address for use with the World Wide assets, Exports, Foreign trade, Web (Home Page), Telnet, or FTP notice of proposed rulemaking is required for this rule, the Regulatory Humanitarian aid, Imports, Iraq, Oil protocol is: fedbbs.access.gpo.gov. The imports, Penalties, Petroleum, document is also accessible for FlexibilityAct (5 U.S.C. 601–612) does not apply. Petroleum products, Reporting and downloading in ASCII format without recordkeeping requirements, Specially charge from Treasury’s Electronic This rule contains no collection of information. designated nationals, Travel restrictions. Library (‘‘TEL’’) in the ‘‘Business, Trade For the reasons set forth in the and Labor Mall’’ of the FedWorld List of Subjects preamble, 31 CFR chapter V is amended bulletin board. By modem, dial 703/ as follows: 321–3339, and select the appropriate 31 CFR Part 500 self–expanding file in TEL. For Internet Administrative practice and PART 500ÐFOREIGN ASSETS access, use one of the following procedure, Banks, banking, Blocking of CONTROL REGULATIONS protocols: Telnet = fedworld.gov assets, Cambodia, Exports, Fines and (192.239.93.3); World Wide Web (Home penalties, Finance, Foreign claims, 1. The authority citation for part 500 Page) = http://www.fedworld.gov; FTP Foreign investment in the United States, is revised to read as follows: = ftp.fedworld.gov (192.239.92.205). Foreign trade, Imports, Information and Authority: 50 U.S.C. App. 1–44; Pub. L. Additional information concerning the 104–132, 110 Stat. 1214, 1254 (18 U.S.C. informational materials, International 2332d); E.O. 9193, 7 FR 5205, 3 CFR, 1938– programs of the Office of Foreign Assets organizations, North Korea, 1943 Comp., p. 1174; E.O. 9989, 13 FR 4891, Control is available for downloading Publications, Reporting and 3 CFR, 1943–1948 Comp., p. 748. from the Office’s Internet Home Page: recordkeeping requirements, Securities, http://www.ustreas.gov/treasury/ Services, Specially designated nationals, Subpart GÐPenalties services/fac/fac.html, or in fax form Travel restrictions, Trusts and estates, through the Office’s 24–hour fax–on– Vietnam. 2. Section 500.701 is amended by demand service: call 202/622–0077 adding paragraph (c) to read as follows: using a fax machine, fax modem, or 31 CFR Part 515 touch tone telephone. Administrative practice and § 500.701 Penalties. procedure, Air carriers, Banks, banking, * * * * * Background Blocking of assets, Cuba, Currency, (c) Attention is directed to 18 U.S.C. On April 24, 1996, President Clinton Estates, Exports, Fines and penalties, 2332d, as added by Public Law 104– signed into law the Antiterrorism and Foreign investment in the United States, 132, section 321, which provides that, Effective Death Penalty Act of 1996, Foreign trade, Imports, Informational except as provided in regulations issued Pub. L. 104–132, 110 Stat. 1214–1319 materials, Publications, Reporting and by the Secretary of the Treasury, in (the ‘‘Act’’). Section 321 of that Act (18 recordkeeping requirements, Securities, consultation with the Secretary of State, U.S.C. 2332d) makes it a criminal Shipping, Specially designated a U.S. person, knowing or having offense for United States persons, except nationals, Travel restrictions, Trusts and reasonable cause to know that a country as provided in regulations issued by the trustees, Vessels. is designated under section 6(j) of the Secretary of the Treasury in Export Administration Act, 50 U.S.C. consultation with the Secretary of State, 31 CFR Part 535 App. 2405, as a country supporting to engage in financial transactions with Administrative practice and international terrorism, engages in a the governments of countries designated procedure, Banks, banking, Blocking of financial transaction with the under section 6(j) of the Export assets, Currency, Foreign investment in government of that country, shall be Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43461 fined under title 18, United States Code, (c) Attention is directed to 18 U.S.C. 12959, 60 FR 24757, 3 CFR 1995 Comp., p. or imprisoned for not more than 10 2332d, as added by Public Law 104– 356. years, or both. 132, section 321, which provides that, except as provided in regulations issued Subpart GÐPenalties PART 515ÐCUBAN ASSETS by the Secretary of the Treasury, in CONTROL REGULATIONS consultation with the Secretary of State, 2. Section 560.701 is amended by 1. The authority citation for part 515 a U.S. person, knowing or having adding paragraph (e) to read as follows: is revised to read as follows: reasonable cause to know that a country § 560.701 Penalties. Authority: 50 U.S.C. App. 1–44; 22 U.S.C. is designated under section 6(j) of the 6001–6010; 22 U.S.C. 2370(a); Pub. L. 104– Export Administration Act, 50 U.S.C. * * * * * 114, 106 Stat. 785 (22 U.S.C. 6021–6091); App. 2405, as a country supporting (e) Attention is directed to 18 U.S.C. Pub. L. 104–132, 110 Stat. 1214, 1254 (18 international terrorism, engages in a 2332d, as added by Public Law 104– U.S.C. 2332d); Proc. 3447, 27 FR 1085, 3 financial transaction with the CFR, 1959–1963 Comp., p. 157; E.O. 9193, 7 132, section 321, which provides that, FR 5205, 3 CFR, 1938–1943 Comp., p. 1147; government of that country, shall be except as provided in regulations issued E.O. 9989, 13 FR 4891, 3 CFR, 1943–1948 fined under title 18, United States Code, by the Secretary of the Treasury, in Comp., p. 748; E.O. 12854, 58 FR 36587, 3 or imprisoned for not more than 10 consultation with the Secretary of State, CFR, 1993 Comp., p. 614. years, or both. a U.S. person, knowing or having reasonable cause to know that a country Subpart GÐPenalties PART 550ÐLIBYAN SANCTIONS REGULATIONS is designated under section 6(j) of the 2. Section 515.701 is amended by Export Administration Act, 50 U.S.C. adding paragraph (e) to read as follows: 1. The authority citation for part 550 App. 2405, as a country supporting is revised to read as follows: international terrorism, engages in a § 515.701 Penalties. Authority: 50 U.S.C. 1701–1706; 50 U.S.C. financial transaction with the * * * * * 1601–1651;22 U.S.C. 287c; 49 U.S.C. App. government of that country, shall be (e) Attention is directed to 18 U.S.C. 1514; 22 U.S.C. 2349aa–8 and 2349aa–9; Pub. fined under title 18, United States Code, 2332d, as added by Public Law 104– L. 104–132, 110 Stat. 1214, 1254 (18 U.S.C. or imprisoned for not more than 10 132, section 321, which provides that, 2332d); 3 U.S.C. 301; E.O. 12543, 51 FR 875, years, or both. 3 CFR, 1986 Comp., p. 181; E.O. 12544, 51 except as provided in regulations issued FR 1235, 3 CFR, 1986 Comp., p. 183; E.O. by the Secretary of the Treasury, in PART 575ÐIRAQI SANCTIONS 12801, 57 FR 14319, 3 CFR, 1992 Comp., p. REGULATIONS consultation with the Secretary of State, 294. a U.S. person, knowing or having 1. The authority citation for part 575 reasonable cause to know that a country Subpart GÐPenalties is designated under section 6(j) of the is revised to read as follows: Export Administration Act, 50 U.S.C. 2. Section 550.701 is amended by Authority: 50 U.S.C. 1701–1706; 50 U.S.C. App. 2405, as a country supporting redesignating the existing paragraph (c) 1601–1651; 22 U.S.C. 287c; Pub. L. 101–513, 104 Stat. 2047–55 (50 U.S.C. 1701 Note); Pub. international terrorism, engages in a as (d) and adding paragraph (c) to read L. 104–132, 110 Stat. 1214, 1254 (18 U.S.C. financial transaction with the as follows: government of that country, shall be 2332d); 3 U.S.C. 301; E.O. 12722, 55 FR 31803, 3 CFR, 1990 Comp., p. 294; E.O. fined under title 18, United States Code, § 550.701 Penalties. * * * * * 12724, 55 FR 33089, 3 CFR, 1992 Comp., p. or imprisoned for not more than 10 317. years, or both. (c) Attention is directed to 18 U.S.C. 2332d, as added by Public Law 104– PART 535ÐIRANIAN ASSETS 132, section 321, which provides that, Subpart GÐPenalties CONTROL REGULATIONS except as provided in regulations issued by the Secretary of the Treasury, in 2. Section 575.701 is amended by 1. The authority citation for part 535 redesignating the existing paragraph (d) is revised to read as follows: consultation with the Secretary of State, a U.S. person, knowing or having as (e) and adding paragraph (d) to read Authority: 50 U.S.C. 1701–1706; Pub. L. as follows: 104–132, 110 Stat. 1214, 1254 (18 U.S.C. reasonable cause to know that a country 2332d); E.O. 12710, 44 FR 65729, 3 CFR, is designated under section 6(j) of the § 575.701 Penalties. 1979 Comp., p. 457; E.O. 12205, 45 FR 24099, Export Administration Act, 50 U.S.C. 3 CFR, 1980 Comp., p. 248; E.O. 12211, 45 App. 2405, as a country supporting * * * * * FR 26685, 3 CFR, 1980 Comp., p. 253; E.O. international terrorism, engages in a (d) Attention is directed to 18 U.S.C. 12276, 46 FR 7913, 3 CFR, 1981 Comp., p. 2332d, as added by Public Law 104– 104; E.O. 12279, 46 FR 7919, 3 CFR, 1981 financial transaction with the Comp., p. 109; E.O. 12280, 46 FR 7921, 3 government of that country, shall be 132, section 321, which provides that, CFR, 1981 Comp., p. 110; E.O. 12281, 46 FR fined under title 18, United States Code, except as provided in regulations issued 7923, 3 CFR, 1981 Comp., p. 112; E.O. 12282, or imprisoned for not more than 10 by the Secretary of the Treasury, in 46 FR 7925, 3 CFR, 1981 Comp., p. 113; E.O. years, or both. consultation with the Secretary of State, 12282, 46 FR 7927, 3 CFR, 1981 Comp., p. a U.S. person, knowing or having 113; E.O. 12283, 46 FR 7927, 3 CFR, 1981 PART 560ÐIRANIAN TRANSACTIONS reasonable cause to know that a country Comp., p. 114; and E.O. 12294, 46 FR 14111, REGULATIONS is designated under section 6(j) of the 3 CFR, 1981 Comp., p. 139. Export Administration Act, 50 U.S.C. 1. The authority citation for part 560 App. 2405, as a country supporting Subpart GÐPenalties is revised to read as follows: international terrorism, engages in a Authority: 50 U.S.C. 1701–1706; 50 U.S.C. 2. Section 535.701 is amended by 1601–1651; 22 U.S.C. 2349aa–9; Pub. L. 104– financial transaction with the adding paragraph (c) to read as follows: 132, 110 Stat. 1214, 1254 (18 U.S.C. 2332d); government of that country, shall be 3 U.S.C. 301; E.O. 12613, 52 FR 41940, 3 fined under title 18, United States Code, § 535.701 Penalties. CFR, 1987 Comp., p. 256; E.O. 12957, 60 FR or imprisoned for not more than 10 * * * * * 14615, 3 CFR 1995 Comp., p. 332; E.O. years, or both. 43462 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

Dated: August 16, 1996. from the Office’s Internet Home Page: consistent with U.S. policy are Loren L. Dohm, http://www.ustreas.gov/treasury/ authorized by general licenses Acting Director, Office of Foreign Assets services/fac/fac.html, or in fax form contained in subpart E or may be Control. through the Office’s 24–hour fax–on– authorized by a specific license issued Approved: August 20, 1996. demand service: call 202/622–0077 pursuant to the procedures described in James E. Johnson, using a fax machine, fax modem, or § 596.801 of subpart H. Criminal Assistant Secretary (Enforcement). touch tone telephone. penalties for violations of the [FR Doc. 96–21704 Filed 8–21–96; 3:11 pm] Background Regulations are described in subpart G. The Regulations are subject to BILLING CODE 4810±25±F On April 24, 1996, President Clinton possible modification in light of the law signed into law the Antiterrorism and enforcement and administrative Effective Death Penalty Act of 1996, 31 CFR Part 596 experience in their implementation. Public Law 104–132, 110 Stat. 1214– Since the Regulations involve a 1319 (the ‘‘Act’’). Section 321 of the Act Terrorism List Governments Sanctions foreign affairs function, the provisions makes it a criminal offense for United of Executive Order 12866 and the Regulations; Implementation of States persons, except as provided in Section 321 of the Antiterrorism and Administrative Procedure Act (5 U.S.C. regulations issued by the Secretary of 553), requiring notice of proposed Effective Death Penalty Act of 1996 the Treasury in consultation with the rulemaking, opportunity for public Secretary of State, to engage in financial AGENCY: Office of Foreign Assets participation, and delay in effective transactions with the governments of Control, Treasury. date, are inapplicable. Because no countries designated under section 6(j) ACTION: Final rule. notice of proposed rulemaking is of the Export Administration Act of required for this rule, the Regulatory 1979, 50 U.S.C. App. 2405, as SUMMARY:The Office of Foreign Assets Flexibility Act (5 U.S.C. 601–612) does supporting international terrorism. Control of the U.S. Department of the not apply. Treasury is issuing the Terrorism List United States persons who engage in Governments Sanctions Regulations to such transactions are subject to criminal Paperwork Reduction Act penalties under title 18, United States implement section 321 of the The Regulations are being issued Code. In implementation of section 321, Antiterrorism and Effective Death without prior notice and public the Treasury Department is issuing the Penalty Act of 1996. procedure pursuant to the Terrorism List Governments Sanctions EFFECTIVE DATE: 12:01 a.m. EDT, August Administrative Procedure Act (5 U.S.C. 22, 1996. Regulations (the ‘‘Regulations’’). The countries currently designated 553). Pursuant to the Paperwork FOR FURTHER INFORMATION CONTACT: under section 6(j) of the Export Reduction Act of 1995 (44 U.S.C. 3507), Office of Foreign Assets Control, Administration Act are Cuba, Iran, Iraq, the collections of information contained Department of the Treasury, Libya, North Korea, Sudan, and Syria. in the Regulations have been submitted Washington, DC 20220; tel.: 202/622– The provisions of existing regulations to and approved by the Office of 2520. governing Cuba, Iran, Iraq, Libya and Management and Budget (‘‘OMB’’) SUPPLEMENTARY INFORMATION: North Korea are continued in effect with pending public comment, and have been assigned control number 1505– Electronic and Facsimile Availability the added authority of section 321. A separate rule amending 31 CFR chapter 0161. An agency may not conduct or This document is available as an V with respect to these countries is sponsor, and a person is not required to electronic file on The Federal Bulletin being published simultaneously in the respond to, a collection of information Board the day of publication in the Federal Register. Accordingly, unless the collection of information Federal Register. By modem, dial 202/ § 596.503 of the Regulations provides displays a valid control number. 512–1387 and type ‘‘/GO FAC,’’ or call that financial transactions of United The collections of information in the 202/512–1530 for disk or paper copies. States persons with the governments of Regulations are contained in subpart F, This file is available for downloading these five countries are governed by the and § 596.801. This information is without charge in WordPerfect 5.1, separate parts in 31 CFR chapter V required by the Office of Foreign Assets ASCII, and Adobe AcrobatTM readable imposing economic sanctions on these Control for licensing, compliance, and (*.PDF) formats. For Internet access, the countries. No substantive regulatory enforcement purposes. This information address for use with the World Wide change is made to those parts. will be used to determine the eligibility Web (Home Page), Telnet, or FTP Regarding the governments of of applicants for the benefits provided protocol is: fedbbs.access.gpo.gov. The countries designated under section 6(j) through specific licenses, to determine document is also accessible for (‘‘Terrorism List Governments’’) that whether persons subject to the downloading in ASCII format without were not already subject to economic Regulations are in compliance with charge from Treasury’s Electronic sanctions administered by the Office of applicable requirements, and to Library (‘‘TEL’’) in the ‘‘Business, Trade Foreign Assets Control (at present, the determine whether and to what extent and Labor Mall’’ of the FedWorld governments of Sudan and Syria), the enforcement action is appropriate. The bulletin board. By modem, dial 703/ Regulations prohibit United States likely respondents and record keepers 321–3339, and select the appropriate persons from receiving unlicensed are individuals and business self–expanding file in TEL. For Internet donations and from engaging in organizations. access, use one of the following financial transactions with respect to No assurances of confidentiality are protocols: Telnet = fedworld.gov which the United States person knows given to persons who furnish (192.239.93.3); World Wide Web (Home or has reasonable cause to believe that information to OFAC unless specifically Page) = http://www.fedworld.gov; FTP the financial transaction poses a risk of indicated in advance. It is the policy of = ftp.fedworld.gov (192.239.92.205). furthering terrorist acts in the United OFAC to protect the confidentiality of Additional information concerning the States. information in appropriate cases programs of the Office of Foreign Assets Transactions otherwise prohibited pursuant to the exemptions from Control is available for downloading under this part but found to be disclosure provided under the Freedom Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43463 of Information Act (5 U.S.C. 552) and Subpart CÐGeneral Definitions prohibited by this part. Except as the Privacy Act (5 U.S.C. 552a). 596.301 Donation. otherwise authorized in this part, no Estimated total annual reporting and/ 596.302 Effective date. license or authorization contained in or or recordkeeping burden: 100 hours. 596.303 Financial institution. issued pursuant to any other provision The estimated annual burden per 596.304 Financial transaction. of law or regulation authorizes any 596.305 General license. transaction prohibited by this part. See respondent/record keeper varies from 30 596.306 License. minutes to 1 hour and 30 minutes, 596.307 Monetary instrument. § 596.503. depending on individual circumstances, 596.308 Person; entity. (b) No license or authorization with an estimated average of 1 hour. 596.309 Specific license. contained in or issued pursuant to this Estimated number of respondents 596.310 Terrorism List Government. part relieves the involved parties from and/or record keepers: 100. 596.311 Transaction. complying with any other applicable Estimated annual frequency of 596.312 United States. laws or regulations. 596.313 United States person. responses: 100. Comments are invited on: (a) whether Subpart DÐInterpretations Subpart BÐProhibitions these collections of information are 596.401 Reference to amended sections. necessary for the proper performance of 596.402 Effect of amendment. § 596.201 Prohibited financial the functions of the agency, including 596.403 Transactions incidental to a licensed transactions. whether the information has practical transaction. Except as authorized by regulations, 596.404 Financial transactions transferred orders, directives, rulings, instructions, utility; (b) the accuracy of the agency’s through a bank of a Terrorism List estimate of the burden of the collections Government. licenses, or otherwise, no United States of information; (c) ways to enhance the person, knowing or having reasonable quality, utility, and clarity of the Subpart EÐLicenses, Authorizations and cause to know that a country is information to be collected; and (d) Statements of Licensing Policy designated under section 6(j) of the ways to minimize the burden of the 596.501 Effect of license or authorization. Export Administration Act, 50 U.S.C. collection of information on 596.502 Exclusion from licenses and App. 2405, as a country supporting authorizations. international terrorism, shall engage in respondents, including through the use 596.503 Financial transactions with a of automated collection techniques or Terrorism List Government otherwise a financial transaction with the other forms of information technology. subject to 31 CFR Chapter V. government of that country. Countries Comments concerning the above 596.504 Certain financial transactions with designated under section 6(j) of the information, the accuracy of estimated Terrorism List Governments authorized. Export Administration Act as of the effective date of this part are listed in average annual burden, and suggestions Subpart FÐReports for reducing this burden should be the following schedule. 596.601 Required records. directed to OMB, Paperwork Reduction 596.602 Reports to be furnished on demand. SCHEDULE: Project, control number 1505–0161, 596.603 Notification by financial institutions Cuba. Washington, DC 20503, with a copy to rejecting financial transactions. the Office of Foreign Assets Control, Iran. Subpart GÐPenalties Iraq. Department of the Treasury, 1500 596.701 Penalties. Libya. Pennsylvania Ave., NW—Annex, North Korea. Washington, DC 20220. Any such Subpart HÐProcedures Sudan. comments should be submitted not later 596.801 Licensing. Syria. than October 22, 1996. Comments on 596.802 Decisions. § 596.202 Evasions; attempts; aspects of the Regulations other than 596.803 Amendment, modification, or conspiracies. those involving collections of revocation. information should not be sent to OMB. 596.804 Rulemaking. Any transaction for the purpose of, or 596.805 Delegation by the Secretary of the which has the effect of, evading or List of Subjects in 31 CFR Part 596 Treasury. avoiding, or which facilitates the Administrative practice and 596.806 Rules governing availability of evasion or avoidance of, any of the information. procedure, Banking and finance, Cuba, prohibitions set forth in this part, is Fines and penalties, Iran, Iraq, Libya, Subpart IÐPaperwork Reduction Act hereby prohibited. Any attempt to North Korea, Reporting and 596.901 Paperwork Reduction Act notice. violate the prohibitions set forth in this recordkeeping requirements, Syria, Authority: Pub. L. 104–132, 110 Stat. 1214, part is hereby prohibited. Any Sudan, Terrorism, Transfer of assets. 1254 (18 U.S.C. 2332d). conspiracy formed for the purpose of For the reasons set forth in the engaging in a transaction prohibited by preamble, 31 CFR part 596 is added to Subpart AÐRelation of This Part to this part is hereby prohibited. read as follows: Other Laws and Regulations Subpart CÐGeneral Definitions PART 596ÐTERRORISM LIST § 596.101 Relation of this part to other GOVERNMENTS SANCTIONS laws and regulations. § 596.301 Donation. REGULATIONS (a) This part is separate from, and The term donation means a transfer independent of, the other parts of this Subpart AÐRelation of This Part to Other made in the form of a gift or charitable Laws and Regulations chapter. Differing foreign policy and contribution. national security contexts may result in Sec. differing interpretations of similar § 596.302 Effective date. 596.101 Relation of this part to other laws language among the parts of this The term effective date refers to the and regulations. chapter. Except as otherwise authorized effective date of the applicable Subpart BÐProhibitions in this part, no license or authorization prohibitions and directives contained in 596.201 Prohibited financial transactions. contained in or issued pursuant to those this part which is 12:01 a.m. EDT, 596.202 Evasions; attempts; conspiracies. other parts authorizes any transaction August 22, 1996. 43464 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

§ 596.303 Financial institution. § 596.310 Terrorism List Government. continue and may be enforced as if such The term financial institution shall The term Terrorism List Government amendment, modification, or revocation have the definition given that term in 31 includes: had not been made. (a) The government of a country U.S.C. 5312(a)(2) or the regulations § 596.403 Transactions incidental to a promulgated thereunder, as from time to designated under section 6(j) of the licensed transaction. Export Administration Act, as well as time amended. Any transaction ordinarily incident to any political subdivision, agency, or Note: The breadth of the definition a licensed transaction and necessary to precludes its reproduction in this section. instrumentality thereof, including the give effect thereto is also authorized. central bank of such a country; § 596.304 Financial transaction. (b) Any entity owned or controlled by § 596.404 Financial transactions The term financial transaction shall such a government. transferred through a bank of a Terrorism have the meaning set forth in 18 U.S.C. List Government. 1956(c)(4), as from time to time § 596.311 Transaction. For the purposes of this part only, a amended. As of the effective date, this The term transaction shall have the financial transaction not originated by a term includes: meaning set forth in 18 U.S.C. Terrorism List Government, but (a) A transaction which in any way or 1956(c)(3), as from time to time transferred to the United States through degree affects interstate or foreign amended. As of the effective date, this a bank owned or controlled by a commerce; term includes a purchase, sale, loan, Terrorism List Government, shall not be (1) Involving the movement of funds pledge, gift, transfer, delivery, or other deemed a financial transaction with the by wire or other means; or disposition, and with respect to a government of a country supporting financial institution includes a deposit, (2) Involving one or more monetary international terrorism pursuant to withdrawal, transfer between accounts, instruments; or § 596.201. exchange of currency, loan, extension of (3) Involving the transfer of title to credit, purchase or sale of any stock, any real property, vehicle, vessel, or Subpart EÐLicenses, Authorizations bond, certificate of deposit, or other and Statements of Licensing Policy aircraft; or monetary instrument, use of a safe (b) A transaction involving the use of deposit box, or any other payment, § 596.501 Effect of license or a financial institution which is engaged transfer, or delivery by, through, or to a authorization. in, or the activities of which affect, financial institution, by whatever means (a) No license or other authorization interstate or foreign commerce in any effected. contained in this part, or otherwise way or degree. issued by or under the direction of the 596.312 United States. § 596.305 General license. Director of the Office of Foreign Assets The term United States means the Control, authorizes or validates any The term general license means any United States, including its territories transaction effected prior to the issuance license or authorization the terms of and possessions. of the license, unless specifically which are set forth in this part. provided in such license or other § 596.313 United States person. § 596.306 License. authorization. The term United States person means (b) No regulation, ruling, instruction, Except as otherwise specified, the any United States citizen or national, or license authorizes a transaction term license means any license or permanent resident alien, juridical prohibited under this part unless the authorization contained in or issued person organized under the laws of the regulation, ruling, instruction, or license pursuant to this part. United States, or any person in the is issued by the Office of Foreign Assets United States. § 596.307 Monetary instruments. Control and specifically refers to a part in 31 CFR Chapter V. No regulation, The term monetary instruments shall Subpart DÐInterpretations ruling, instruction, or license referring have the meaning set forth in 18 U.S.C. to this part authorizes any transactions § 596.401 Reference to amended sections. 1956(c)(5), as from time to time prohibited by any provision of this amended. As of the effective date, this Except as otherwise specified, chapter unless the regulation, ruling, term includes coin or currency of the reference to any section of this part or instruction or license specifically refers United States or of any other country, to any regulation, ruling, order, to such provision. travelers’ checks, personal checks, bank instruction, direction, or license issued (c) Any regulation, ruling, instruction checks, and money orders, or pursuant to this part refers to the same or license authorizing any transaction investment securities or negotiable as currently amended. otherwise prohibited under this part has instruments, in bearer form or otherwise § 596.402 Effect of amendment. the effect of removing a prohibition or in such form that title thereto passes prohibitions contained in this part from upon delivery. Any amendment, modification, or the transaction, but only to the extent revocation of any section of this part or § 596.308 Person; entity. specifically stated by its terms. Unless of any order, regulation, ruling, the regulation, ruling, instruction or (a) The term person means an instruction, or license issued by or license otherwise specifies, such an individual or entity. under the direction of the Director of the authorization does not create any right, (b) The term entity means a Office of Foreign Assets Control does duty, obligation, claim, or interest in, or partnership, association, corporation, or not, unless otherwise specifically with respect to, any property which other organization. provided, affect any act done or omitted would not otherwise exist under to be done, or any civil or criminal suit ordinary principles of law. § 596.309 Specific license. or proceeding commenced or pending The term specific license means any prior to such amendment, modification, § 596.502 Exclusion from licenses and license or authorization not set forth in or revocation. All penalties, forfeitures, authorizations. this part but issued pursuant to this and liabilities under any such order, The Director of the Office of Foreign part. regulation, ruling, instruction, or license Assets Control reserves the right to Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43465 exclude any person, property, or is effected pursuant to license or which the provisions of an outstanding transaction from the operation of any otherwise, subject to the provisions of general license are applicable. Persons license, or from the privileges therein this part. Such reports may be required availing themselves of certain general conferred, or to restrict the applicability to include the production of any books licenses may be required to file reports thereof with respect to particular of account, contracts, letters or other and statements in accordance with the persons, property, transactions, or papers, connected with any such instructions specified in those licenses. classes thereof. Such action is binding transaction or property, in the custody Failure to file such reports or statements upon all persons receiving actual or or control of the persons required to will nullify the authorization to such constructive notice of such exclusion or make such reports. Reports with respect person provided by the general license. restriction. to transactions may be required either (b) Specific licenses—(1) General before or after such transactions are course of procedure. Transactions § 596.503 Financial transactions with a completed. Terrorism List Government otherwise subject to the prohibitions contained in subject to 31 CFR Chapter V. § 596.603 Notification by financial this part which are not authorized by United States persons are authorized institutions rejecting financial transactions. general license may be effected only to engage in financial transactions with Any financial institution rejecting a under specific licenses. a Terrorism List Government that is financial transaction pursuant to this (2) Applications for specific licenses. subject to regulations contained in parts part must provide written notification to Applications for specific licenses to of 31 CFR Chapter V other than this part the Office of Foreign Assets Control, engage in any transactions prohibited by to the extent and subject to the Compliance Programs Division, U.S. or pursuant to this part may be filed by conditions stated in such other parts, or Treasury Department, 1500 letter with the Office of Foreign Assets in any regulations, orders, directives, Pennsylvania Ave., NW—Annex, Control. Any person having an interest rulings, instructions, or licenses issued Washington, DC 20220, within 10 in a transaction or proposed transaction pursuant thereto. business days of the rejection of such may file an application for a license transaction. The notification shall authorizing such transaction, but the § 596.504 Certain financial transactions include a photocopy of the payment or applicant for a specific license is with Terrorism List Governments required to make full disclosure of all authorized. transfer instructions received, the name and address of the transferee banking parties in interest to the transaction so (a) United States persons are institution, the amount of the payment that a decision on the application may authorized to engage in all financial or transfer, and the name and telephone be made with full knowledge of all transactions with a Terrorism List number of a contact person at the relevant facts and so that the identity Government that is not otherwise rejecting financial institution from and location of the persons who know subject to 31 CFR Chapter V, except for whom records may be obtained. about the transaction may be easily a transfer from a Terrorism List ascertained in the event of inquiry. Government: Subpart GÐPenalties (3) Information to be supplied. The (1) Constituting a donation to a applicant must supply all information United States person; or § 596.701 Penalties. specified by relevant instructions and/or (2) With respect to which the United Attention is directed to 18 U.S.C. forms, and must fully disclose the States person knows (including 2332d, as added by Public Law 104– names of all the parties who are knowledge based on advice from an 132, section 321, which provides that, concerned with or interested in the agent of the United States Government), except as provided in regulations issued proposed transaction. If the application or has reasonable cause to believe, that by the Secretary of the Treasury, in is filed by an agent, the agent must the transfer poses a risk of furthering consultation with the Secretary of State, disclose the name of his principal(s). terrorist acts in the United States. Such documents as may be relevant (b) Nothing in this section authorizes a United States person, knowing or having reasonable cause to know that a shall be attached to each application as the return of a transfer prohibited by a part of such application except that paragraph (a)(2) of this section. country is designated under section 6(j) of the Export Administration Act, 50 documents previously filed with the U.S.C. App. 2405, as a country Office of Foreign Assets Control may, Subpart FÐReports supporting international terrorism, where appropriate, be incorporated by § 596.601 Required records. engages in a financial transaction with reference. Applicants may be required to furnish such further information as is Every person engaging in any the government of that country, shall be deemed necessary to a proper transaction subject to the provisions of fined under title 18, United States Code, determination by the Office of Foreign this part must keep a full and accurate or imprisoned for not more than 10 Assets Control. Any applicant or other record of each such transaction in years, or both. party in interest desiring to present which that person engages, regardless of additional information or discuss or whether such transaction is effected Subpart HÐProcedures argue the application may do so at any pursuant to license or otherwise, and § 596.801 Licensing. time before or after decision. such record must be available for Arrangements for oral presentation examination for at least 2 years after the (a) General licenses. General licenses should be made with the Office of date of such transaction. have been issued authorizing under appropriate terms and conditions Foreign Assets Control. § 596.602 Reports to be furnished on certain types of transactions which are (4) Effect of denial. The denial of a demand. subject to the prohibitions contained in license does not preclude the reopening Every person is required to furnish this part. All such licenses in effect on of an application or the filing of a under oath, in the form of reports or the date of publication are set forth in further application. The applicant or otherwise, from time to time and at any subpart E of this part. It is the policy of any other party in interest may at any time as may be required, complete the Office of Foreign Assets Control not time request explanation of the reasons information relative to any transaction, to grant applications for specific for a denial by correspondence or regardless of whether such transaction licenses authorizing transactions to personal interview. 43466 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

(5) Reports under specific licenses. As Effective Death Penalty Act of 1996, SUMMARY: The Department of the Air a condition for the issuance of any Pub. L. 104–132, 110 Stat. 1214, 1254 Force is removing the regulation on license, the licensee may be required to (18 U.S.C. 2332d), may be taken by the public affairs policies and procedures. file reports with respect to the Director, Office of Foreign Assets This rule is removed because it has transaction covered by the license, in Control, or by any other person to whom limited applicability to the general such form and at such times and places the Secretary of the Treasury has public. This action is the result of as may be prescribed in the license or delegated authority so to act. departmental review. The intended otherwise. effect is to ensure that only rules which (6) Issuance of license. Licenses will § 596.806 Rules governing availability of substantially affect the public are information. be issued by the Office of Foreign Assets maintained in the Air Force portion of Control acting on behalf of the Secretary (a) The records of the Office of the Code of Federal Regulations. Foreign Assets Control which are of the Treasury, or licenses may be EFFECTIVE DATE: August 23, 1996. issued by the Secretary of the Treasury required by 5 U.S.C. 552 to be made acting directly or through any available to the public shall be made FOR FURTHER INFORMATION CONTACT: Ms. specifically designated person, agency, available in accordance with the Patsy J. Conner, Air Force Federal or instrumentality. definitions, procedures, payment of Register Liaison Officer, SAF/AAX, (c) Address. License applications, fees, and other provisions of the 1720 Air Force Pentagon, Washington, reports, and inquiries should be Regulations on the Disclosure of DC 20330–1720, telephone (703) 697– addressed to the appropriate section or Records of the Office of the Secretary 4191. individual within the Office of Foreign and of other bureaus and offices of the SUPPLEMENTARY INFORMATION: Assets Control, or to the Director, at the Department of Treasury issued pursuant following address: Office of Foreign to 5 U.S.C. 552 and published at 31 CFR List of Subjects in 32 CFR Part 837 Assets Control, Department of the part 1. Motion pictures, News media. Treasury, 1500 Pennsylvania Avenue, (b) The records of the Office of NW—Annex, Washington, DC 20220. Foreign Assets Control required by the PART 837Ð[REMOVED] Privacy Act (5 U.S.C. 552a) to be made Accordingly under the authority 10 § 596.802 Decisions. available to an individual shall be made U.S.C. 8013, 32 CFR chapter VII is The Office of Foreign Assets Control available in accordance with the amended by removing part 837. will advise each applicant of the definitions, procedures, requirements decision respecting filed applications. for payment of fees, and other Patsy J. Conner, The decision of the Office of Foreign provisions of the Regulations on Air Force Federal Register Liaison Officer. Assets Control acting on behalf of the Disclosure of Records of the [FR Doc. 96–21421 Filed 8–22–96; 8:45 am] Secretary of the Treasury with respect to Departmental Offices and of other BILLING CODE 3910±01±W an application shall constitute final bureaus and offices of the Department of agency action. the Treasury issued under 5 U.S.C. 552a § 596.803 Amendment, modification, or and published at 31 CFR part 1. DEPARTMENT OF LABOR revocation. Office of Federal Contract Compliance The provisions of this part and any Subpart IÐPaperwork Reduction Act Programs rulings, licenses, whether general or § 596.901 Paperwork Reduction Act notice. specific, authorizations, instructions, The information collection 41 CFR Parts 60±250, 60±741 and 60± orders, or forms issued hereunder may 999 be amended, modified, or revoked at requirements in §§ 596.601, 596.602, any time. 596.603 and 596.801 have been RIN 1215±AA62, 1215±AA76 approved by the Office of Management § 596.804 Rulemaking. and Budget and assigned control Affirmative Action and (a) All rules and other public number 1505–0161. Nondiscrimination Obligations of documents are issued by the Secretary Dated: August 16, 1996. Contractors and Subcontractors of the Treasury upon recommendation Loren L. Dohm, Regarding Individuals With Disabilities, Disabled Veterans and of the Director of the Office of Foreign Acting Director, Office of Foreign Assets Assets Control. In general, rulemaking Control. Veterans of the Vietnam Era; Approval of Information Collection by the Office of Foreign Assets Control Approved: August 20, 1996. involves foreign affairs functions of the Requirements and OMB Control James E. Johnson, United States, and for that reason is Numbers exempt from the requirements under the Assistant Secretary (Enforcement). Administrative Procedure Act (5 U.S.C. [FR Doc. 96–21705 Filed 8–21–96; 3:11 pm] AGENCY: Office of Federal Contract 553) for notice of proposed rulemaking, BILLING CODE 4810±25±F Compliance Programs (OFCCP), Labor. opportunity for public comment, and ACTION: Final rule; technical delay in effective date. amendments. (b) Any interested person may DEPARTMENT OF DEFENSE petition the Director of the Office of SUMMARY: This document informs the Foreign Assets Control in writing for the Department of the Air Force public that the Office of Management issuance, amendment, or repeal of any and Budget (OMB) has approved, under 32 CFR Part 837 rule. the Paperwork Reduction Act of 1995 (PRA), the collection of information § 596.805 Delegation by the Secretary of Public Affairs Policies and Procedures requirements contained in two OFCCP the Treasury. AGENCY: Department of the Air Force, rules published on May 1, 1996: (1) The Any action which the Secretary of the Department of Defense. final rule revising the regulations Treasury is authorized to take pursuant implementing the affirmative action and ACTION: Final rule. to section 321 of the Antiterrorism and nondiscrimination obligations of Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43467 contractors and subcontractors action program (61 FR 19366). Both regulatory impact analysis is not regarding individuals with disabilities rules take effect on August 29, 1996. required. under section 503 of the Rehabilitation OFCCP reviewed the collection of Regulatory Flexibility Act (RFA) Act of 1973 (61 FR 19336); and (2) the information aspects of the two rules in interim rule modifying the requirement accordance with the PRA and OMB This final rule will not change that contractors and subcontractors implementing regulations published at 5 existing obligations for Federal invite job applicants and employees to CFR part 1320 (61 FR 19349, 19368). contractors. Consequently, under the inform the contractor whether they OFCCP believes that the rules will not RFA, as amended, 5 U.S.C. 605(b), it is believe they may be covered by the result in an increase in paperwork certified that this rule will not have a affirmative action provisions of the burdens from what was previously significant economic impact on a Vietnam Era Veterans’ Readjustment required by the OFCCP regulations. In substantial number of small entities. Assistance Act of 1974, and wish to accordance with the PRA, OFCCP Unfunded Mandates Reform Act benefit from the contractor’s affirmative submitted to OMB the information action program (61 FR 19366). OMB has collection requirements contained in the This final rule does not include any approved of these revisions under rules. On August 15, 1996, OMB Federal mandate that may result in the existing PRA control numbers and this approved the information collection expenditure by state, local and tribal document makes ministerial, technical requirements in the two rules as governments in the aggregate, or by the amendments to the OFCCP table revisions to existing PRA control private sector, of $100,000,000 or more displaying all control numbers for numbers 1215–0072 (Supply and in any one year. collections of information in OFCCP Service) and 1215–0163 (Construction). List of Subjects in 41 CFR Part 60–999 rules. Technical amendments are also made to the OFCCP PRA provisions to Technical Amendments to Part 60–999 Reporting and recordkeeping requirements, Paperwork Reduction remove references to superseded In accordance with OMB Act, OMB control numbers. versions of the PRA and to simplify the recommendations, 5 CFR 1320.3(f)(3), language. OFCCP publishes a single table in 41 Signed at Washington, D.C. this 19th day EFFECTIVE DATE: This document is CFR part 60–999 that lists the OMB- of August 1996. effective August 23, 1996. Information assigned control numbers for Bernard E. Anderson, collection requirements contained in the information collection requirements Assistant Secretary for Employment final rule published at 61 FR 19336 and contained in OFCCP rules. This Standards. the interim rule published at 61 FR document makes ministerial, technical Shirley J. Wilcher, 19366 are effective August 29, 1996. amendments to the table published at 41 Deputy Assistant Secretary for Federal FOR FURTHER INFORMATION CONTACT: Joe CFR 60–999.2. The table is updated to Contract Compliance. N. Kennedy, Deputy Director, Office of list the OMB control numbers assigned For the reasons stated above, under Federal Contract Compliance Programs, to OFCCP regulations under the PRA. authority of 44 U.S.C. Ch. 35, 41 CFR Room C–3325, 200 Constitution Technical amendments are also made part 60–999 is revised to read as Avenue, N.W., Washington, D.C. 20210. to the ‘‘purpose’’ section published at 41 follows. Telephone: (202)219–9475 (voice), 1– CFR 60–999.1. References to older, 800–326–2577 (TDD). Copies of this superseded versions of the PRA are PART 60±999ÐOMB CONTROL document in alternate formats may be removed. Moreover, in accordance with NUMBERS FOR OFCCP INFORMATION obtained by calling OFCCP at (202)219– Executive Order 12866, sec. 1(b)(12), COLLECTION REQUIREMENTS 9430 (voice) or 1–800–326–2577 (TDD). other non-substantive language changes are made to section 60–999.1 in order to Sec. The alternate formats available are large 60–999.1 Purpose. print, electronic file on computer disk make it simpler and easier to 60–999.2 Display. understand. and audio-tape. Authority: 44 U.S.C. Ch. 35. SUPPLEMENTARY INFORMATION: Regulatory Analyses and Procedures § 60±999.1 Purpose. PRA Approvals Administrative Procedure Act (APA) This part displays control numbers On May 1, 1996, OFCCP published a This final rule revising 41 CFR part assigned to information collection final rule revising its regulations 60–999 does not make any substantive requirements of the Office of Federal implementing section 503 of the changes to the OFCCP regulations Contract Compliance Programs by the Rehabilitation Act of 1973, as amended, published elsewhere at 41 CFR Ch. 60. Office of Management and Budget 29 U.S.C. 793 (section 503), which Because the amendments in this (OMB) under the Paperwork Reduction requires Government contractors and document are ministerial and non- Act (PRA), 44 U.S.C. Ch. 35. This part subcontractors to take affirmative action substantive, the APA requirements that fulfills the PRA requirement that to employ and advance in employment rule changes be published in proposed agencies display a current control qualified individuals with disabilities form and have a delayed effective date number for each agency information (61 FR 19336). On that same date, are unnecessary and would serve no collection requirement approved by OFCCP also published an interim rule useful purpose. Therefore, in OMB (44 U.S.C. 3507). modifying its regulation requiring accordance with the APA, 5 U.S.C. § 60±999.2 Display. Government contractors and 553(b)(3)(B) and (d)(3), good cause subcontractors to invite job applicants exists to waive notice of proposed 41 CFR Part to inform the contractor whether they rulemaking and the delayed effective where the in- believe they may be covered by the date. formation col- Current OMB control number affirmative action provisions of the lection re- Executive Order 12866 quirement is Vietnam Era Veterans’ Readjustment located Assistance Act of 1974, as amended, 38 This final rule is not a significant U.S.C. 4212 (VEVRAA), and wish to regulatory action as defined in Part 60±1 ..... 1215±0072, 1215±0131, benefit from the contractor’s affirmative Executive Order 12866, and therefore a 1215±0163. 43468 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

41 CFR Part Dockets Branch (Room 239), 1919 M 3. In addition to the automatic stay where the in- Street, N.W., Washington, D.C. The provision cited above, Section 1.420(f) formation col- complete text of this decision may also of the Commission’s rules requires lection re- Current OMB control number quirement is be purchased from the Commission’s petitions for reconsideration and located copy contractor, International responsive pleadings to be served on Transcription Services, (202) 857–3800, parties to the proceeding and on any Part 60±2 ..... 1215±0072. 2100 M Street, N.W., Suite 140, licensee or permittee whose Part 60±3 ..... 3046±0017. Washington, DC 20037. authorization may be modified to Part 60±4 ..... 1215±0163. specify operation on a different channel, Synopsis of Order Part 60±20 ... 1215±0072, 1215±0163. and such petitions must be Part 60±30 ... 1215±0072, 1215±0163. I. Introduction accompanied by a certificate of service. Part 60±40 ... 1215±0072, 1215±0163. Part 60±50 ... 1215±0072, 1215±0163. 1. This Report and Order adopts the Thus, the automatic stay was intended Part 60±60 ... 1215±0072. proposals set forth in the Notice of to help ensure that affected parties have Part 60±250 1215±0072, 1215±0131, Proposed Rulemaking in this the opportunity to comment before 1215±0163. proceeding, 60 FR 39134, August 1, proposed modifications to their Part 60±741 1215±0072, 1215±0131, 1995. We herein delete that portion of authorizations become effective. 1215±0163. § 1.420(f) of the Commission’s rules, 47 4. However, as discussed in the CFR 1.420(f), which, for rulemaking NPRM, broadcasters whose [FR Doc. 96–21541 Filed 8–22–96; 8:45 am] proceedings to amend the FM or TV authorizations are not proposed to be BILLING CODE 4510±27±P Table of Allotments, provides for an modified frequently file challenges to automatic stay, upon the filing of a approvals of their competitors’ petition for reconsideration of any proposals to improve service, thereby FEDERAL COMMUNICATIONS Commission order modifying an triggering the automatic stay. Only a COMMISSION authorization to specify operation on a very small percentage of these different FM or TV channel. By this challenges are ultimately successful. 47 CFR PART 1 action, we remove an incentive for the The automatic stay prohibits licensees from constructing modified facilities [FCC 96±301] filing of petitions for reconsideration that are largely without merit, thereby authorized by the Commission until Automatic Stays of Certain FM and TV expediting the provision of expanded final resolution of any outstanding Allotment Orders service to the public and conserving petition for reconsideration or until the Commission resources now expended stay is otherwise lifted. The Notice AGENCY: Federal Communications processing these meritless petitions. asserted that these petitions cause Commission. Further, we shall apply this procedural unjustifiable expense and delay for ACTION: Final rule. change to pending cases, thereby lifting parties and absorb valuable staff automatic stays currently in effect resources that might otherwise be SUMMARY: This Order amends the pursuant to the existing rule. directed to resolution of new proposals Commission’s rules to delete a provision to improve broadcast service. that, for rulemaking proceedings to II. Background Amending the Rule amend the FM or TV Table of The Existing Rule Allotments, provides for an automatic 5. Comments. Most of the commenters stay, upon the filing of a petition for 2. The automatic stay rule applies to in this proceeding support repeal of the reconsideration of any Commission amendments to the TV or FM Tables of automatic stay rule. Citing their own order modifying an authorization to Allotments where the Commission has experiences, several licensees contend specify operation on a different FM or modified the authorization of the that the rule has harmed them and TV channel. By this action, we remove petitioner, another licensee, or another obstructed the public interest. They an incentive for the filing of petitions permittee to specify operation on a assert that, as a general matter, the for reconsideration that are largely different channel. Where a licensee or public is disserved by delaying the without merit, thereby expediting the permittee other than the petitioner benefits of improved service. Further, provision of expanded service to the might be directed to operate on a they state, a licensee’s reason for public and conserving Commission different channel in order to seeking a channel reallotment is often to resources now expended processing accommodate a proposed allotment allow it to remain financially viable. these meritless petitions. Further, we change, that licensee or permittee is However, because of the delay caused shall apply this procedural change to notified of the pending proceeding and by the automatic stay rule, the facilities pending cases, thereby lifting automatic is ordered to show cause, if any, why in question may go dark or never be the modification should not be constructed at all, despite the stays currently in effect pursuant to the 1 existing rule. approved. Also, although Section Commission’s having already approved 1.420(f) refers only to petitions for the needed modification. EFFECTIVE DATE: September 23, 1996. reconsideration, the rule has also been 6. In contrast, two other parties claim FOR FURTHER INFORMATION CONTACT: Paul applied routinely to orders challenged that they and the public interest are R. Gordon, Mass Media Bureau, Policy by applications for review. In repealing protected by the existing rule. They and Rules Division, (202) 418–2130. the automatic stay provision for argue that, once a licensee has appealed SUPPLEMENTARY INFORMATION: This is a petitions for reconsideration, we also an involuntary reallotment, it should summary of the Commission’s Report abandon this parallel policy.2 remain protected from having to cause and Order in MM Docket No. 95–110, disruption to itself and to the FCC 96–301, adopted July 5, 1996 and 1 See 47 U.S.C. 316(a); 47 CFR 1.87. For community by changing its operating released August 8, 1996. The full text of convenience, we shall use the term ‘‘licensee’’ to channel until there is greater certainty, this Commission decision is available include both licensees and permittees. 2 For convenience, we shall use the term as determined by the appeal, that to do for inspection and copying during ‘‘petitions for reconsideration’’ to include so would serve the public interest. Even normal business hours in the FCC applications for review. if most third-party appeals are meritless, Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43469 the commenters assert, the benefits of reconsideration be served on any concerns about retroactivity.3 Moreover, preventing disruptive and involuntary licensee or permittee whose in repealing the automatic stay rule, we changes that will have to be undone authorization could be modified, the are concluding that such action will not upon the resolution of even that small rights of these parties to be affirmatively cause undue inequity or disruption to percentage of appeals that are merited informed of actions potentially affecting future cases. All parties will continue to outweigh the expense or inconvenience their interests will continue to be have their rights of appeal to the caused by the rule. protected. Moreover, any licensees or Commission undisturbed. Further, we 7. Commenters that favor repealing permittees whose authorizations would have no indication in the record that the rule respond that its primary actually be modified to accommodate an any parties will endure any unusual purpose would still be promoted even if underlying allotment change would hardships by application of the rule to it were eliminated: Affected parties continue to be afforded the full pending cases. Consequently, we see no would still have the opportunity to procedural benefits of a show cause reason to retain and enforce a rule that comment before a directed change in proceeding in which they might object we have determined does not serve the their facilities becomes effective. to the required frequency change. We public interest. Accordingly, we shall Further, they contend, the substantive also retain the authority to impose a stay lift the stay with respect to any petitions merits of an appeal would not be in individual cases and we will be for reconsideration or applications for affected by the absence of an automatic particularly cognizant of requests for review pending as of the effective date stay. stay filed by any party whose of this Report and Order. 8. Discussion. The record before us authorization would be changed III. Administrative matters confirms the Notice’s observation that involuntarily. Finally, we note that the automatic stay rule has regularly elimination of the automatic stay Paperwork Reduction Act of 1995 resulted in delay in the commencement provision will not prejudice final Analysis of construction and the provision of resolution of any challenges to the 13. The decision herein has been expanded service to the public. Not underlying staff decision. analyzed with respect to the Paperwork even those commenters who oppose a 10. As a result of the action we take Reduction Act of 1995, Public Law No. change in the rule dispute the assertion here, parties requesting amendment of 104–13, and found to impose or propose that the vast majority of petitions for the Table of Allotments may, upon no modified information collection reconsideration are ultimately denied. release of an initial staff decision requirement on the public. We believe that the many apparently granting their request, proceed to meritless petitions for reconsideration implement the change through Regulatory Flexibility Statement the rule appears to have encouraged applications and construction 14. As required by Section 603 of the have imposed a substantial and notwithstanding the filing of petitions Regulatory Flexibility Act, 5 USC 603 unwarranted cost on local communities, for reconsideration of the initial (RFA), an Initial Regulatory Flexibility individual broadcasters, and the decision. We emphasize, of course, that Analysis (IRFA) was incorporated in the Commission itself. First, significant parties electing to proceed before the NPRM in this proceeding. The populations are denied the advantages allotment decision is final do so at their Commission sought written public of improved service for long periods of own risk and must bear the costs of any comments on the proposals in the time. Second, the inability to effect the subsequent action reversing or revising NPRM, including on the IRFA. The authorized change can cause stations to the allotment decision. Commission’s Final Regulatory go dark or not be constructed at all, Pending Cases Flexibility Analysis in this Report and harming both broadcasters and the Order is as follows: public. Third, as both video and audio 11. Comments. Most parties that A. Need for and objectives of action. technologies evolve, television and address the issue assert that the The Commission’s Rules provide for an radio broadcasters must be able to adapt elimination of the automatic stay rule automatic stay, upon the filing of a as quickly as possible to changes in should be applied to all existing cases, petition for reconsideration, of any their competitive environments. The to expedite service to the public. They Commission order modifying an delays inherent in an automatic stay note that, just as with prospective cases, authorization to provide for operation procedure necessarily constrain no prejudice will occur to parties on a different FM or TV channel, which broadcasters’ flexibility in this regard. seeking reconsideration, because the is effected by way of an allotment rule Finally, by facilitating meritless Commission will still consider each making proceeding. The automatic stay petitions for reconsideration, the rule case on its merits. Also, they state, the provisions for certain reconsideration needlessly diverts resources that Commission can impose stays on a case- petitions in these proceedings has otherwise would be available to the by-case basis if necessary. On the other created an incentive for the filing of Commission for the performance of hand, one commenter argues that petitions for reconsideration that are other necessary functions. application of the rule change to largely without merit, thereby delaying 9. We conclude that any costs pending cases would impose increased the provision of expanded service to the imposed by eliminating the stay inequity on licensees and their public. In order to reduce that delay, the provision are modest or can be communities, and it would needlessly Commission is repealing the rule. significantly moderated by other, less disrupt cases in progress. B. Significant issues raised by the restrictive processing approaches. 12. Discussion. Section 1.420(f) of the public in response to the initial Specifically, we note that permittees Commission’s rules, 47 CFR § 1.420(f), analysis. No comments were received and licensees affected by allotment involves matters of Commission practice specifically in response to the Initial changes who would no longer be and procedure. The change we adopt Regulatory Flexibility Analysis entitled to the protection of an today will not affect our substantive contained in NPRM. However, automatic stay would nonetheless analysis of any pending petition for commenters generally addressed the continue to have substantial procedural reconsideration or application for protections under the Commission’s review. Changes in procedural rules 3 See Landgraf v. USI Film Products, 114 S.Ct. rules. Because Section 1.420(f) will may be applied in adjudications arising 1483, 1502 (1994), citing Ex parte Collett, 337 U.S. continue to require that petitions for before their enactment without raising 55, 71, (1949). 43470 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations effects of the automatic stay rule on FM overstates the number of radio and definition of a small business on this and TV licensees, including small television broadcast stations that are basis and are therefore overinclusive to businesses. Several commenters argued small businesses and is not suitable for that extent. An additional element of the that the delay associated with the purposes of determining the impact of definition of ‘‘small business’’ is that the automatic stay can prevent licensees the new rules on small business, we did entity must be independently owned from effecting authorized improvements not propose an alternative definition in and operated. We attempted to factor in to their facilities, and they accordingly the IRFA.5 this element by looking at revenue supported the rule change. A few Accordingly, for purposes of this statistics for owners of television and commenters contended that the current Report and Order, we utilize the SBA’s radio stations. However, as discussed delay protects third-party licensees from definition in determining the number of further below, we could not fully apply incurring the costs associated with small businesses to which the rules this criterion, and our estimates of small needlessly modifying and remodifying apply, but we reserve the right to adopt businesses to which the rules may apply their stations. a more suitable definition of ‘‘small may be overinclusive to this extent. C. Description and number of small business’’ as applied to radio and With respect to applying the revenue entities to which the rule will apply. (1) television broadcast stations and to cap, the SBA has defined ‘‘annual Definition of a ‘‘small business.’’ Under consider further the issue of the number receipts’’ specifically in 13 CFR the Regulatory Flexibility Act, small of small entities that are radio and 121.104, and its calculations include an entities may include small television broadcasters in the future. averaging process. We do not currently organizations, small businesses, and Further, in this RFA, we will identify require submission of financial data small governmental jurisdictions. 5 the different classes of small radio and from licensees that we could use to U.S.C. 601(6). The Regulatory Flexibility television stations that may be impacted apply the SBA’s definition of a small Act, 5 U.S.C. 601(3) generally defines by the rules adopted in this Report and business. Thus, for purposes of the term ‘‘small business’’ as having the Order. estimating the number of small entities same meaning as the term ‘‘small (2) Issues in applying the definition of to which the rules apply, we are limited business concern’’ under the Small a ‘‘small business’’. As discussed below, to considering the revenue data that are Business Act, 15 U.S.C. 632. A small we could not precisely apply the publicly available, and the revenue data business concern is one which: (1) Is foregoing definition of ‘‘small business’’ on which we rely may not correspond independently owned and operated; (2) in developing our estimates of the completely with the SBA definition of is not dominant in its field of operation; number of small entities to which the annual receipts. and (3) satisfies any additional criteria rules will apply. Our estimates reflect Under SBA criteria for determining established by the Small Business our best judgments based on the data annual receipts, if a concern has Administration (‘‘SBA’’). Id. According available to us. acquired an affiliate or been acquired as to the SBA’s regulations, entities An element of the definition of ‘‘small an affiliate during the applicable engaged in radio or television business’’ is that the entity not be averaging period for determining annual broadcasting may have a maximum of dominant in its field of operation. We receipts, the annual receipts in $5.0 million or $10.5 million, were unable at this time to define or determining size status include the respectively, in annual receipts in order quantify the criteria that would receipts of both firms. 13 CFR to qualify as a small business concern.4 establish whether a specific television 121.104(d)(1). The SBA defines 13 CFR 121.201 This standard also or radio station is dominant in its field affiliation in 13 CFR 121.103. While the applies in determining whether an of operation. Accordingly, the following Commission refers to an affiliate entity is a small business for purposes estimates of small businesses to which generally as a station affiliated with a of the Regulatory Flexibility Act. the new rules will apply do not exclude network, the SBA’s definition of affiliate Pursuant to 5 U.S.C. 601(3), the any television or radio station from the is analogous to our attribution rules. statutory definition of a small business Generally, under the SBA’s definition, applies ‘‘unless an agency after 5 We have pending proceedings seeking comment concerns are affiliates of each other consultation with the Office of on the definition of and data relating to small when one concern controls or has the businesses. In our Notice of Inquiry in GN Docket Advocacy of the Small Business No. 96–113 (In the Matter of Section 257 Proceeding power to control the other, or a third Administration and after opportunity to Identify and Eliminate Market Entry Barriers for party or parties controls or has the for public comment, establishes one or Small Businesses), FCC 96–216, released May 21, power to control both. 13 CFR more definitions of such term which are 1996, we requested commenters to provide profile 121.103(a)(1). The SBA considers factors data about small telecommunications businesses in appropriate to the activities of the particular services, including television, and the such as ownership, management, agency and publishes such definition(s) market entry barriers they encounter, and we also previous relationships with or ties to in the Federal Register.’’ While we sought comment as to how to define small another concern, and contractual tentatively believe that the foregoing businesses for purposes of implementing Section relationships, in determining whether 257 of the Telecommunications Act of 1996, which definition of ‘‘small business’’ greatly requires us to identify market entry barriers and to affiliation exists. 13 CFR 121.103(a)(2). prescribe regulations to eliminate those barriers. Instead of making an independent 4 This revenue cap appears to apply to The comment and reply comment deadlines in that determination of whether radio and noncommercial educational television stations, as proceeding have not yet elapsed. Additionally, in television stations were affiliated based well as to commercial television stations. See our Order and Notice of Proposed Rule Making in Executive Office of the President, Office of MM Docket No. 96–16 (In the Matter of on SBA’s definitions, we relied on the Management and Budget, Standard Industrial Streamlining Broadcast EEO Rule and Policies, data bases available to us to afford us Classification Manual (1987), at 283, which Vacating the EEO Forfeiture Policy Statement and that information. describes ‘‘Television Broadcasting Stations (SIC Amending Section 1.80 of the Commission’s Rules (3) Estimates based on BIA data. We Code 4833) as: to Include EEO Forfeiture Guidelines), 11 FCC Rcd have performed a study based on the Establishments primarily engaged in broadcasting 5154 (1996), we invited comment as to whether visual programs by television to the public, except relief should be afforded to stations: (1) Based on data contained in the BIA Publications, cable and other pay television services. Included in small staff and what size staff would be considered Inc. Master Access Television Analyzer this industry are commercial, religious, educational sufficient for relief, e.g., 10 or fewer full-time Database, which lists a total of 1,141 and other television stations. Also included here are employees; (2) based on operation in a small full-power commercial television establishments primarily engaged in television market; or (3) based on operation in a market with broadcasting and which produce taped television a small minority work force. We have not stations. We have excluded from our program materials. concluded the foregoing rule making. calculations Low Power Television Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43471

(LPTV) Stations and translator stations, such revenues from non-television television stations with fewer than five two secondary services that have affiliated companies. full-time employees are exempted from traditionally not had standing in There are approximately 10,250 certain EEO reporting and allotment proceedings, which are the commercial radio broadcasting stations recordkeeping requirements.7 We subject of this rule. It should be noted and 1,810 noncommercial radio estimate that the total number of that the percentage figures derived from broadcast stations of all sizes in the broadcast stations with 4 or fewer the data base may be underinclusive nation, with approximately 5,200 employees is approximately 4,239.8 because the data base does not list different commercial owners. For the D. Projected compliance requirements revenue estimates for noncommercial same reasons as above, the exact of the rule. This Report and Order educational stations, and these are number of small radio broadcasting imposes no new reporting, therefore excluded from our entities to which the elimination of the recordkeeping, or other compliance calculations based on the data base. rule will apply is unknown. Based on requirements. Non-commercial stations also have a 1995 revenue estimates, the BIA E. Significant alternatives considered diminished regulatory burden by virtue Publications, Inc. MasterAccess minimizing the economic impact on of the rule change adopted in this Analyzer Database data base indicates small entities and consistent with the Report and Order. The data indicate that 3,314 commercial radio stations stated objectives. The action taken does that, based on 1995 revenue estimates, had an estimated revenue of $5.0 not impose additional burdens on small 440 full-power commercial television million or less. That represents entities and, as discussed in detail at stations had an estimated revenue of approximately 90 percent of commercial paragraphs 9–10 of the Report and 10.5 million dollars or less. That radio stations with revenue estimates Order, will in fact have a positive represents 54 percent of commercial listed in the BIA program. The data base economic impact, as entities, including television stations with revenue does not list estimated revenue for 6,571 small entities, will be able to increase estimates listed in the BIA program. The stations. Using the most extreme their service more expeditiously and data base does not list estimated scenario, if those 6,571 stations for with fewer legal challenges. A small revenues for 331 stations. Using an which no revenue estimates is listed are entity opposing Commission action by extreme scenario, if those 331 counted as small stations, there would petitioning for reconsideration will still commercial stations for which no be a total of 9,885 stations with an be able to seek a stay in an individual revenue is listed are counted as small estimated revenue of $5.0 million case, based on the merits of that case. In stations, there would be a total of 771 dollars or less, representing those cases where a third party is stations with an estimated revenue of approximately 96 percent of the 10,257 required to move involuntarily, all costs 10.5 million dollars or less, representing commercial radio stations listed in the are borne by the party initiating the approximately 68 percent of the 1,141 BIA data base. request for changes to the allotment Alternatively, if we look at owners of commercial television stations listed in table. This should adequately address commercial radio stations as listed in the BIA data base. the concerns of commenters opposed to the BIA data base, there are a total of Alternatively, if we look at owners of this rule change. 5,207 owners. The data base lists F. Report to Congress. The Secretary commercial television stations as listed estimated revenues for 29 percent of in the BIA data base, there are a total of shall send a copy of this Final these owners, or 1,532. Of these 1,532 Regulatory Flexibility Analysis along 488 owners. The data base lists owners, 1,344 or 88 percent had annual estimated revenues for 60 percent of with this Report and Order in a report revenue of less than $5.0 million. Using to Congress pursuant to Section 251 of these owners, or 295. Of these 295 the most extreme scenario, if the 3,675 owners, 158 or 54 percent had annual owners for which revenue estimates are Small Business Credit and Business Opportunity revenues of 10.5 million dollars or less. not listed are assumed to be small Enhancement Act of 1992, Pub. L. 102–366, section Using an extreme scenario, if the 193 businesses, then the total of small 222(b)(1), 106 Stat. 999 (1992), as further amended owners for which revenue is not listed entities would constitute 96 percent of by the Small Business Administration are assumed to be small, the total of Reauthorization and Amendments Act of 1994, Pub. commercial radio station owners. L. 103–403, section 301, 108 Stat. 4187 (1994). small entities would constitute 72 Further, many noncommercial radio However, this definition was adopted after the percent of owners. broadcasters are considered to be small public notice and the opportunity for comment. See In summary, based on the foregoing entities. Thus, a large number of owners Report and Order in Docket No. 18244, 23 FCC 2d extreme analysis based on the data in 430 (1970). of radio broadcast facilities of several 7 See, e.g., 47 C.F.R. 73.3612 (Requirement to file the BIA data base, we estimate that as types (commercial AM, commercial FM, annual employment reports on Form 395 applies to many as approximately 771 commercial and noncommercial FM stations) could licensees with five or more full-time employees); television stations (about 68 percent of benefit from the rule amendment herein First Report and Order in Docket No. 21474 (In the all commercial televisions stations) Matter of Amendment of Broadcast Equal adopted. Employment Opportunity Rules and FCC Form could be classified as small entities. As (4) Alternative classification of small 395), 70 FCC 2d 1466 (1979). The Commission is we noted above, these estimates are stations. An alternative way to classify currently considering how to decrease the based on a definition that we believe small radio and television stations is by administrative burdens imposed by the EEO rule on greatly overstates the number of small stations while maintaining the effectiveness the number of employees. The of our broadcast EEO enforcement. Order and television broadcasters that are small Commission currently applies a Notice of Proposed Rule Making in MM Docket No. businesses. Further, it should be noted standard based on the number of 96–16 (In the Matter of Streamlining Broadcast EEO that under the SBA’s definitions, employees in administering its Equal Rule and Policies, Vacating the EEO Forfeiture revenues of affiliated businesses that are Policy Statement and Amending Section 1.80 of the Employment Opportunity Rule (EEO) Commission’s Rules to Include EEO Forfeiture 6 not television stations should be for broadcasting. Thus, radio or Guidelines), 11 FCC Rcd 5154 (1996). One option aggregated with the television station under consideration is whether to define a small revenues in determining whether a 6 The Commission’s definition of a small station for purposes of affording such relief as one concern is small. The estimates broadcast station for purposes of applying its EEO with ten or fewer full-time employees. Id. at ¶ 21. rule was adopted prior to the requirement of 8 Compilation of 1994 Broadcast Station Annual overstate the number of small entities approval by the Small Business Administration Employment Reports (FCC form 395B), Equal since the revenue figures on which they pursuant to Section 3(a) of the Small Business Act, Opportunity Employment Branch, Mass Media are based do not include or aggregate 15 U.S.C. 632(a), as amended by Section 222 of the Bureau, FCC. 43472 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations the Small Business Regulatory 47 CFR Part 73 Federal Communications Commission. Enforcement Fairness Act of 1996, John A. Karousos, codified at 5 U.S.C. 801(a)(1)(A). A copy [MM Docket No. 94±126; RM±8531] Chief, Allocations Branch, Policy and Rules of this RFA will also be published in the Division, Mass Media Bureau. Federal Register. Radio Broadcasting Services; Willows, [FR Doc. 96–21219 Filed 8–22–96; 8:45 am] Ordering Clauses CA BILLING CODE 6712±01±F 15. Accordingly, it is ordered That AGENCY: Federal Communications § 1.420(f) of the Commission’s Rules, 47 Commission. DEPARTMENT OF COMMERCE CFR 1.420(f), is amended as set forth ACTION: Final rule. below. National Oceanic and Atmospheric 16. It is further ordered That any stay SUMMARY: This document allots Channel Administration granted pursuant to Section 1.420(f) of 292A to Willows, California, as that the Commission’s Rules, 47 CFR community’s first local FM transmission 50 CFR Part 660 § 1.420(f), that is in effect on the service, in response to a petition for rule effective date of this Report and Order [Docket No. 960126016±6121±04; I.D. making filed by KIQS, Inc. See 59 FR 081596B] is lifted. 59394, November 17, 1994. Coordinates 17. It is further ordered That, used for Channel 292A at Willows are Fisheries Off West Coast States and in pursuant to the Contract with America 39–25–56 and 122–04–50. With this the Western Pacific; West Coast Advancement Act of 1996, the action, the proceeding is terminated. Salmon Fisheries; Inseason amendment set forth below will become DATES: Effective September 23, 1996. Adjustments From the U.S.-Canadian effective September 23, 1996. The window period for filing Border to Cape Falcon, OR, and From 18. It is further ordered That this applications will open on September 23, Sisters Rocks to Mack Arch, OR proceeding is terminated. 1996, and close on October 24, 1996. 19. Additional Information. For AGENCY: National Marine Fisheries additional information regarding this FOR FURTHER INFORMATION CONTACT: Service (NMFS), National Oceanic and proceeding, please contact Paul Gordon, Nancy Joyner, Mass Media Bureau, (202) Atmospheric Administration (NOAA), Mass Media Bureau, Policy and Rules 418–2180. Questions related to the Commerce. Division, (202) 418–2130. window application filing process for ACTION: Inseason adjustments. Channel 292A at Willows, California, List of Subjects in 47 CFR Part 1 should be addressed to the Audio SUMMARY: NMFS announces inseason Administrative practice and Services Division, (202) 418–2700. increases to the non-treaty and treaty procedure, Radio, Telecommunications, SUPPLEMENTARY INFORMATION: This is a Indian coho salmon ocean fishery Television. synopsis of the Commission’s Report quotas in the area from the U.S.- Federal Communications Commission. and Order, MM Docket No. 94–126, Canadian border to Cape Falcon, OR. William F. Caton, adopted August 2, 1996, and released The increase to the non-treaty quota is apportioned between the commercial Acting Secretary. August 9, 1996. The full text of this Commission decision is available for troll and recreational fisheries and Rule Changes inspection and copying during normal among recreational subareas according Part 1 of Title 47 of the Code of business hours in the FCC’s Reference to the coho salmon allocation provisions Federal Regulations is amended as Center (Room 239), 1919 M Street, NW, contained in the Fishery Management follows: Washington, DC. The complete text of Plan for the Ocean Salmon Fisheries off this decision may also be purchased the Coasts of Washington, Oregon, and PART 1ÐPRACTICE AND from the Commission’s copy California. NMFS also announces that PROCEDURE contractors, International Transcription the commercial salmon fishery in the Service, Inc., (202) 857–3800, located at area from Sisters Rocks to Mack Arch, 1. The authority citation for Part 1 1919 M Street, NW., Room 246, or 2100 OR, opened 7 days a week beginning continues to read as follows: M Street, NW., Suite 140, Washington, August 15, 1996. This adjustment is Authority: 47 U.S.C. 151, 154, 303, and DC 20037. intended to provide additional fishing 309(j), unless otherwise noted. opportunity to commercial fishermen List of Subjects in 47 CFR Part 73 2. Section 1.420 is amended by and maximize the harvest of chinook revising paragraph (f) to read as follows: Radio broadcasting. salmon without exceeding the ocean share allocated to the commercial § 1.420 Additional procedures in Part 73 of title 47 of the Code of fishery in this area. Federal Regulations is amended as proceedings for amendment of the FM or TV DATES: Modification of the coho salmon Tables of Allotments. follows: quotas is effective August 22, 1996, * * * * * PART 73Ð[AMENDED] through September 30, 1996. (f) Petitions for reconsideration and Modification of the fishing season is responsive pleadings shall be served on 1. The authority citation for Part 73 effective 0001 hours local time, August parties to the proceeding and on any continues to read as follows: 15, 1996, through 2400 hours local time, licensee or permittee whose August 31, 1996. Comments will be authorization may be modified to Authority: Secs. 303, 48 Stat., as amended, 1082; 47 U.S.C. 154, as amended. accepted through September 6, 1996. specify operation on a different channel, ADDRESSES: Comments may be mailed to and shall be accompanied by a § 73.202 [Amended] William Stelle, Jr., Director, Northwest certificate of service. 2. Section 73.202(b), the Table of FM Region, NMFS (Regional Director), * * * * * Allotments under California, is NOAA, 7600 Sand Point Way NE., [FR Doc. 96–21444 Filed 8–22–96; 8:45 am] amended by adding Willows, Channel Seattle, WA 98115–0070. Information BILLING CODE 6712±01±P 292A. relevant to this action has been Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43473 compiled in aggregate form and is recommendation to increase coho provide additional fishing opportunity available for public review during salmon quotas above the levels in the to commercial fishermen to increase business hours at the office of the contingency regime. The best available access to chinook salmon. This Regional Director. analysis of impacts of the increased adjustment was effective starting with FOR FURTHER INFORMATION CONTACT: quotas indicates that at least 50 percent the opening of the next scheduled William L. Robinson, 206–526–6140. of the savings from the reduction in period on August 15. SUPPLEMENTARY INFORMATION: In the harvest level will accrue to spawner Modifications of quotas and fishing annual management measures for ocean escapements of the critical coho stocks, seasons are authorized by regulations at salmon fisheries (61 FR 20175, May 6, and that overall impacts on Oregon 50 CFR 660.409(b)(1)(i). All other 1996), NMFS announced that the non- coastal natural coho salmon are neutral. restrictions that apply to these fisheries treaty commercial and recreational Therefore, the criteria for adjustments to remain in effect as announced in the salmon fisheries in the area from the the non-treaty coho TAC were met. annual management measures. U.S.-Canadian border to Cape Falcon, NMFS is increasing the non-treaty The Regional Director consulted with OR, are closed unless the conditions coho salmon ocean quota north of Cape representatives of the Washington allowing the contingency seasons are Falcon, OR, by 8,000 fish, from 75,000 Department of Fish and Wildlife, met. Agreement was reached between to 83,000 fish. The overall non-treaty Oregon Department of Fish and Game, the United States and Canada that the increase is distributed between the treaty Indian tribes, and Pacific Fishery Canadian harvest of coho salmon off the commercial and recreational fisheries, Management Council regarding this west coast of Vancouver Island (WCVI) with the troll fishery quota increasing action. The States of Washington and would be less than 1 million fish. At from 18,800 to 20,800 fish. The Oregon will manage the non-treaty this harvest level, the contingency recreational quota increases are further commercial and recreational fisheries in seasons could be opened and distributed among the four subareas State waters adjacent to these areas of adjustments to the non-treaty coho total north of Cape Falcon, with the quota in the exclusive economic zone consistent allowable catch (TAC) could be made, the subarea from the U.S.-Canadian with this Federal action. The treaty implemented by inseason management. border to Cape Alava, WA, increasing Indian tribes will manage the treaty troll U.S. fishery managers agreed at that from 5,800 to 6,400 fish; the quota in the fisheries in accordance with the revised time that any additional harvest subarea from Cape Alava to the Queets coho quota. As provided by the inseason opportunity on coho salmon would be River, WA, increasing from 1,500 to action procedures of 50 CFR 660.411, provided to the inside fisheries instead 1,700 fish; the quota in the subarea from actual notice to fishermen of the of the ocean fisheries. Therefore, when the Queets River to Leadbetter Point, modification of fishing season was given the contingency seasons opened, the WA, increasing from 20,800 to 23,000 prior to August 15, 1996 (reopening date non-treaty ocean TAC was set at 75,000 fish; and the quota in the subarea from of the commercial fishery between coho. The overall treaty Indian troll Leadbetter Point, WA, to Cape Falcon, Sisters Rocks and Mack Arch, OR) and ocean quota was increased to 25,000 OR, increasing from 28,100 to 31,100 actual notice to fishermen for the coho as provided for in the annual fish. NMFS is also increasing the overall inseason increases to the non-treaty and management measures (61 FR 40157, treaty Indian coho salmon ocean quota treaty Indian coho salmon ocean fishery August 1, 1996). by 5,000 fish, from 25,000 to 30,000 quotas was given on August 15, 1996, by The annual management measures fish. telephone hotline number 206–526– state that, at a harvest level of less than In the annual management measures, 6667 or 800–662–9825, and by U.S. 1.1 million coho salmon off WCVI, the NMFS announced that the 1996 Coast Guard Notice to Mariners non-treaty coho TAC may be increased commercial fishery for all salmon broadcasts on Channel 16 VHF-FM and above 75,000, contingent on the except coho salmon in the area from 2182 kHz. Because of the need for following criteria being met: Allocating Sisters Rocks to Mack Arch, OR, would immediate action to adjust these at least 50 percent of the savings from open August 3, with the season to fisheries in a timely manner, NMFS has WCVI harvest reductions below 1.2 follow a cycle of 2 days open and 2 days determined that good cause exists for million coho to spawner escapement of closed, until the earlier of August 31 or this action to be issued without the critical coho stocks; no increase in attainment of the 3,000 chinook salmon affording a prior opportunity for public estimated Oregon coastal natural coho quota. comment. This action does not apply to impacts above those modeled under the The best available information on other fisheries that may be operating in assumptions of the season structure August 12 indicated that commercial other areas. presented in the contingency seasons for catches for the first three open periods an assumed WCVI harvest of 1.2 million (August 3–4, 7–8, and 11–12) totaled Classification coho; and agreement among all relevant slightly over 500 chinook salmon. The This action is authorized by 50 CFR state and tribal fishery managers. Any preseason objective for implementing 660.409 and 660.411 and is exempt from adjustments to the non-treaty coho TAC the open/closure cycle was to dampen review under E.O. 12866. catch rates and prevent the quota from would be implemented by inseason Authority: 16 U.S.C. 1801 et seq. management. being attained too quickly or exceeded On August 7, the Regional Director by a large amount. The preseason Dated: August 19, 1996. consulted with fishery managers of the management measure that opened this Richard H. Schaefer, States of Washington and Oregon and fishery for 2-day periods is being Director, Office of Fisheries Conservation and the affected northwest treaty Indian rescinded, because its use as a catch Management, National Marine Fisheries tribes, and the Chairman of the Pacific dampening measure is considered to be Service. Fishery Management Council, regarding too restrictive. Conversion to a fishing [FR Doc. 96–21552 Filed 8–22–96; 8:45 am] further discussions and a season open 7 days per week will BILLING CODE 3510±22±F 43474

Proposed Rules Federal Register Vol. 61, No. 165

Friday, August 23, 1996

This section of the FEDERAL REGISTER Building, P.O. Box 96456, Washington, 7 CFR Part 1124 contains notices to the public of the proposed DC 20090–6456, (202) 690–1932. issuance of rules and regulations. The [Docket Nos. AO±368±A25, AO±380±A15; purpose of these notices is to give interested SUPPLEMENTARY INFORMATION: DA±95±01] persons an opportunity to participate in the rule making prior to the adoption of the final Prior documents in this proceeding: Milk in the Pacific Northwest and rules. Notice of Hearing: Issued May 1, Southwestern Idaho-Eastern Oregon 1996; published May 3, 1996 (61 FR Marketing Areas; Partial Recommended Decision and DEPARTMENT OF AGRICULTURE 19861). Tentative Partial Decision: Issued July Opportunity To File Written Exceptions on Proposed Amendments To Agricultural Marketing Service 12, 1996; published July 18, 1996 (61 FR Tentative Marketing Agreement and To 37628). 7 CFR Parts 1005, 1007, 1011, and 1046 Order Interim Amendment of Rules: Issued [Docket No. AO±388±A9, et al.; DA±96±08] August 2, 1996; published August 9, AGENCY: Agricultural Marketing Service, 1996. USDA. Milk in the Carolina and Certain Other ACTION: Proposed rule. Marketing Areas; Notice of Extension Notice is hereby given that the time of Time for Filing Comments for filing comments to the tentative SUMMARY: This document recommends partial decision regulating the handling adoption of proposed amendments that AGENCY: Agricultural Marketing Service, of milk in the Carolina, Southeast, USDA. would add two counties to the Pacific Tennessee Valley, and Louisville- Northwest milk marketing area and ACTION: Extension of time for filing Lexington-Evansville marketing areas is modify the component pricing comments to the tentative partial hereby extended from August 17, 1996, provisions of the order. Other issues decision. to October 16, 1996. included in the proceeding, including all of those pertaining to the 7 CFR Carolina Virginia Milk Producers Part Marketing Area AO Nos. Association requested the extension of Southwestern Idaho-Eastern Oregon time for comments arguing that an Federal milk order, will be dealt with at 1005 Carolina ...... AO±388± extension was necessary in order to a later time. The recommendations are A9 have sufficient time to observe the rules based on the record of a public hearing 1007 Southeast ...... AO±366± held in Portland, Oregon, on July 11–12, once in effect. This additional time A38 1995. 1011 Tennessee Valley ...... AO±251± would allow interested persons to A40 comment more accurately on the DATES: Comments must be submitted on 1046 Louisville-Lexington- AO±123± amendments. or before September 23, 1996. Evansville. A67 ADDRESSES: Comments (four copies) This notice is issued pursuant to the should be filed with the Hearing Clerk, provisions of the Agricultural Marketing SUMMARY: This document extends the Room 1083, South Building, United time for filing comments to the tentative Agreement Act of 1937, as amended (7 States Department of Agriculture, partial decision which would U.S.C. 601–674), and the applicable Washington, DC 20250. rules of practice and procedure incorporate a transportation credit FOR FURTHER INFORMATION CONTACT: governing the formulation of marketing balancing fund into four Federal milk Constance M. Brenner, Marketing agreements and marketing orders (7 CFR marketing orders in the Southern United Specialist, USDA/AMS/Dairy Division, States. The amendments are based on Part 900). Order Formulation Branch, Room 2971, the record of a public hearing held May List of Subjects in 7 CFR Parts 1005, South Building, P.O. Box 96456, 15–16, 1996, in Charlotte, North 1007, 1011, and 1046 Washington, DC 20090–6456, (202) 720– Carolina. Carolina Virginia Milk 2357. Producers Association requested Milk marketing orders. SUPPLEMENTARY INFORMATION: additional time to more accurately This comment on the amendments. The time Dated: August 16, 1996. administrative action is governed by the has been extended sixty (60) days to Lon Hatamiya, provisions of Sections 556 and 557 of Title 5 of the United States Code and, October 16, 1996. Administrator. therefore, is excluded from the DATES: Comments are now due on or [FR Doc. 96–21489 Filed 8–22–96; 8:45 am] requirements of Executive Order 12866. before October 16, 1996. BILLING CODE 3410±02±P The amendments to the rules ADDRESSES: Comments (six copies) proposed herein have been reviewed should be filed with the Hearing Clerk, under Executive Order 12988, Civil Room 1083, South Building, United Justice Reform. They are not intended to States Department of Agriculture, have a retroactive effect. If adopted, the Washington, DC 20250. proposed amendments would not FOR FURTHER INFORMATION CONTACT: preempt any state or local laws, Nicholas Memoli, Marketing Specialist, regulations, or policies, unless they USDA/AMS/Dairy Division, Order present an irreconcilable conflict with Formulation Branch, Room 2971, South this rule. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43475

The Agricultural Marketing was no testimony regarding any All written submissions made pursuant Agreement Act of 1937, as amended (7 additional time required for the to this notice will be made available for U.S.C. 601–674), provides that preparation of these already-required public inspection at the office of the administrative proceedings must be reports. Hearing Clerk during regular business exhausted before parties may file suit in The record of the proceeding hours (7 CFR 1.27(b)). court. Under section 608c(15)(A) of the indicates that the proposed change in The proposed amendments set forth Act, any handler subject to an order may the multiple component pricing plan below are based on the record of a file with the Secretary a petition stating will result in a reduction of the public hearing held at Portland, Oregon, that the order, any provision of the minimum prices handlers are required on July 11–12, 1995, pursuant to a order, or any obligation imposed in to pay producers by about 10 cents per notice of hearing issued June 15, 1995, connection with the order is not in hundredweight, or less than one percent (60 FR 32282). accordance with the law and requesting of the pool value of producer milk. This The material issues on the record of a modification of an order or to be change may confer a slight benefit on hearing relate to: exempted from the order. A handler is handlers of milk used in manufactured 1. Pacific Northwest marketing area. afforded the opportunity for a hearing dairy products, and reduce returns to 2. Supply plant definition. on the petition. After a hearing, the some dairy farmers. However, a A. Southwestern Idaho-Eastern Secretary would rule on the petition. reduction in the cost of milk used in Oregon. The Act provides that the district court cheese may result in more milk being B. Pacific Northwest. of the United States in any district in used in cheese rather than nonfat dry 3. Government agency plant. which the handler is an inhabitant, or milk, which generally is a lower-valued 4. Producer milk diversion limits. has its principal place of business, has use. In that case dairy farmers may A. Southwestern Idaho-Eastern jurisdiction in equity to review the benefit from higher returns to the pool. Oregon. Secretary’s ruling on the petition, In any event, Federal milk order prices B. Pacific Northwest. 5. Call provision. provided a bill in equity is filed not are minimum prices, and handlers can 6. Pacific Northwest multiple later than 20 days after the date of the always choose to pay more than order component pricing provisions. entry of the ruling. prices to producers. This decision deals only with issues Only one participant in the Small Business Consideration 1 and 6. The remaining issues on which proceeding identified his operation as a testimony and data were gathered at the In accordance with the Regulatory small business, but did not identify the hearing will be considered and dealt Flexibility Act (5 U.S.C. 601 et seq.), the manner in which the proposed with in the process of restructuring the Agricultural Marketing Service has amendments would affect it specifically Federal milk orders pursuant to the considered the economic impact of this as a small business. Further comments 1996 Farm Bill. action on small entities and has certified are invited concerning the potential that this proposed rule will not have a benefits or costs of the proposed Findings and Conclusions significant economic impact on a amendments on small entities. substantial number of small entities. The following findings and The record indicates that there are Prior Documents in This Proceeding conclusions on the material issues are approximately 1,400 dairy farmers Notice of Hearing: Issued June 15, based on evidence presented at the whose milk is pooled under the Pacific 1995; published June 21, 1995 (60 FR hearing and the record thereof: Northwest Federal milk order, and 20 32282). 1. Pacific Northwest marketing area. milk handlers regulated under the order. Extension of Time for Filing Briefs: A proposal to add the only remaining For the purpose of the Regulatory Issued October 12, 1995; published two counties on the Olympic Peninsula Flexibility Act, a dairy farm is October 23, 1995 (60 FR 54315). that currently are not part of the considered a ‘‘small business’’ if it has Extension of Time for Filing Briefs: marketing area to the Pacific Northwest an annual gross revenue of less than Issued November 2, 1995; published marketing area should be adopted. $500,000, and a dairy products November 9, 1995 (60 FR 56538). Darigold Farms, a cooperative manufacturer is a ‘‘small business’’ if it association that is also a large handler has fewer than 500 employees. Most Preliminary Statement under the Pacific Northwest order, parties subject to a milk order are Notice is hereby given of the filing testified that the necessity of separating considered to be small businesses. with the Hearing Clerk of this out sales to Clallam and Jefferson None of the proposed amendments recommended decision with respect to Counties, Washington, for the purpose would result in any change in the proposed amendments to the tentative of reporting out-of-area sales is difficult regulatory status of any handlers or the marketing agreements and the orders and time-consuming, but of little real pool status of any producers. The regulating the handling of milk in the benefit. The record indicates that there addition of two counties to the Pacific Northwest and Southwestern are no handlers having sales within marketing area would reduce the Idaho-Eastern Oregon marketing areas. these two counties who would become handler burden of reporting out-of-area This notice is issued pursuant to the regulated by the addition of the counties sales into the counties added to the provisions of the Agricultural Marketing to the marketing area. In addition, marketing area. Agreement Act and the applicable rules inclusion of the two counties would The addition of a payment component of practice and procedure governing the reduce the reporting requirements for is not expected to cause any additional formulation of marketing agreements currently-regulated handlers, who must expense to milk handlers for testing and marketing orders (7 CFR Part 900). report sales into unregulated area producer milk. Reporting an additional Interested parties may file written separately so that the proportion of their component may increase the time exceptions to this decision with the sales within the marketing area can be involved in preparing handler and Hearing Clerk, U.S. Department of used for determining pool qualification. producer payroll reports to a small Agriculture, Washington, DC 20250, by Therefore, the proposal to add Clallam degree, particularly in the process of the 30th day after publication of this and Jefferson counties to the Pacific changing from two payment decision in the Federal Register. Four Northwest marketing area should be components to three. However, there copies of the exceptions should be filed. adopted. 43476 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

6. Modification of multiple hundredweight of milk from the basic of milk in Order 124 than in the M-W component pricing. A revised multiple formula price and dividing by the plants resulted in over five million component pricing (MCP) plan should average nonfat solids content of the milk dollars in additional costs incurred by be adopted in the Pacific Northwest to which the basic formula price Darigold during the first 12 months of Federal milk marketing order. The applies—Grade B milk received at the current MCP plan. pricing plan would contain elements of manufacturing plants in the States of The Darigold witness asserted that the both the multiple component pricing Minnesota and Wisconsin. current MCP system has resulted in plan initially submitted by Darigold Class I milk would continue to be Order 124 handlers paying the highest Farms in Proposal 2, and that proposed paid for on a butterfat-skim basis. No regulated price in the U.S. for milk used by National All-Jersey, Inc., in Proposal somatic cell adjustment would be to make cheese. As a result of this 4. Producers would be paid on the basis included in Pacific Northwest multiple noncompetitive position, he stated, an of three components in milk: butterfat, component pricing. Rather than increase in the northwest’s share of the protein, and other nonfat nonprotein retaining the ‘‘weighted average national cheese market is not possible. solids (other solids). Producers’ share of differential price’’ to producers, a The witness also claimed that cheese the value of the pool’s Class I and Class hundredweight price that represents the market prices have decreased due to II uses would be reflected in a separate value to producers of participation in competition. He added that while under weighted average differential price, or the marketwide pool, the Darigold current pricing Darigold cannot forecast ‘‘producer price differential.’’ proposal would include class price profitability in making bulk cheese, Regulated handlers would pay for the differential values in the producer consumer-sized units of cheese would milk they receive on the basis of total ‘‘other solids’’ price calculation. be profitable. butterfat, the protein and other nonfat The proponent witness reviewed the The witness stated that Darigold solids used in Classes II and III, skim evolution of pricing milk under various would like to encourage cheese milk used in Class I, and the MCP plans, and refinements made since production in the region. He noted that hundredweight of total product used in the first MCP plan was implemented in the cooperative has converted a nonfat Class I, II and III–A. the Great Basin Federal order (Order dry milk plant to cheese-making At the present time, milk received by 139) in 1988. The witness focused on capability to, in part, meet increasing handlers pooled under the Pacific MCP plans which specifically priced the demand for cheese and lessen the Northwest order is priced on the basis protein portion of the skim milk, and impact of Class III–A pricing (which of the pounds of total butterfat, nonfat noted that the plan first introduced in reflects a lower value of nonfat dry milk, milk solids used in Classes II and III and three Ohio and Indiana Federal milk compared to cheese) on producers. The the hundredweight of skim milk used in orders in 1993 used protein pricing witness testified that a consultant Class I, and the hundredweight of total based on the Minnesota-Wisconsin price analyzed the economic feasibility of the product used in Classes I, II and III–A. survey (M-W) average protein test rather proponent increasing cheese Adjustments for such items as overage, than on the market average protein test. production, thereby decreasing reclassified inventory, location and He stated that Darigold supported this production of nonfat dry milk, and other source milk allocated to Class I are pricing refinement (use of the average concluded that a new cheese plant may added to or subtracted from the test of M-W milk instead of the market not be profitable because of Order 124’s classified use value of the milk. The average test) at the first proceeding in current MCP plan. The witness stated resulting amount is distributed to which MCP was considered for the that conversion of another Darigold producers on the basis of the total Pacific Northwest order, but neither plant to mozzarella production has been pounds of nonfat milk solids and understood its implications nor had delayed because of the consultant’s butterfat in each producer’s milk, and detailed information regarding analysis. each producer’s per hundredweight application of that concept to a plan The Darigold witness asserted that share of the pool’s Class I, Class II and pricing the SNF portion of skim milk national cheese companies approached Class III–A uses. instead of the protein portion. about investing in the Pacific Northwest Darigold Farms, the proponent Prior to mid-1994, the Pacific region have no interest because the cooperative of Proposal 2, proposed to Northwest milk order (Order 124) priced price of milk is too high and the region change the pricing of milk in the Pacific milk on the basis of volume and is too far from the processing centers Northwest Federal milk order from the butterfat. In May 1994, Order 124 generally located east of the Mississippi. current two-component pricing plan adopted a MCP plan which priced the He explained that a competitive price based on butterfat and solids-not-fat solids-not-fat (SNF) portion of the skim for Class III milk (primarily milk used (SNF) to a three-component plan based milk as well as the butterfat component. in cheese) is essential to both maintain on butterfat, protein, and ‘‘other solids’’ Proponent’s witness stated that this current levels of cheese production and (solids other than butterfat and protein). pricing system recognized that much of encourage new investments in cheese The Darigold witness testified that the the milk pooled under the order is dried plants. protein and butterfat prices would be into milk powder, and that yields on The proponent witness asserted that computed on the basis of cheese and powder correlate with the SNF content adoption of Darigold’s proposal would butter prices, respectively, and the of the milk. bring the cooperative association back to yields of these respective products in The Darigold witness observed that a ‘‘similar disadvantage’’ as that held the manufacturing process. The ‘‘other average Grade B milk in M-W plants before May 1994. He explained that the solids’’ price to handlers would be typically tests lower for SNF content proposal is structured to reduce the cost computed by subtracting the value of than does average Grade A milk in the of milk to a level that approaches what the protein and butterfat in a Pacific Northwest, and that fewer M-W was paid before MCP, although it still hundredweight of milk from the basic plants report SNF than report protein would be slightly higher. formula price, and dividing by the content. The witness stated that this Proponent’s post-hearing brief stated Pacific Northwest market average ‘‘other difference in test does not apply to that the price of milk paid by cheese solids’’ content. Currently, the nonfat protein, as protein content in milk is plants on the basis of components under solids price is computed by subtracting comparable across regions or orders. He Order 124 must be reduced to the value of the butterfat in a asserted that the higher average SNF test something close to the Order 135 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43477

(Southwestern Idaho-Eastern Oregon) cooperative. Each producer asserted that incentive to produce the most valuable price if parity is to exist among cheese the proposal would result in lower component in milk, which currently is plants and if Order 124 cheese plants prices to producers and each producer protein. He contended that to achieve are to be able to compete with the Idaho expressed support for the pricing system this objective, the protein value needs to plants. currently in effect in Order 124. be as high as can be economically The Darigold witness said that the National All-Jersey, Inc. (NAJ), a justified while being equitable to both impact of the current MCP system also national dairy farmer organization that producers and handlers. The witness is felt by plants producing Class II and assists its members in marketing their asserted that within any MCP plan that III–A products. Witness asserted that milk, is proponent of Proposal 4, a MCP is adopted, the ratio of the protein price two of Darigold’s true powder plants plan which would modify the current to both the butterfat price and the other have become unprofitable since the plan in effect under Order 124. Also solids price must be high enough to implementation of MCP, impairing cash supporting Proposal 4 is the American encourage dairy farmers to increase the flow and reducing the cooperative’s Jersey Cattle Association. The two ratio of protein to butterfat and other ability to fund capital investments organizations have 220 dairy farmer solids in their milk production. without per-unit retains. members in Oregon and Washington. Proposal 4’s protein price would be Proponent’s witness estimated that NAJ’s witness expressed support for derived from cheese and whey powder under Proposal 2, producer income the concept presented in Proposal 2 but market prices and yield factors. The would fall by about eight cents per stated that Proposal 4 differs in two proponent witness stated that both hundredweight (cwt.) if Class III respects: the method of calculating the protein and butterfat are necessary for utilization remains constant, but would protein value and retention of the making cheese. He explained that in be two cents per cwt. higher than current feature of a weighted average addition to protein’s direct impact on producers were paid prior to the current differential paid on a hundredweight yield, a higher level of the casein MCP system. He stated that a lower basis. portion of protein allows more butterfat Class III price should result in an The NAJ witness stated that the to be utilized in cheese-making, giving increase of Class III utilization (with a current system is an improvement over protein a value as a cheese ingredient corresponding reduction in the volume the butterfat/skim (pre-May 1994) plan. beyond its actual contribution to yield. of Class III–A utilization), which would However, he asserted, market conditions The NAJ witness contended that increase the blend price to producers are changing, with more milk in this evidence exists to support a higher because milk would be used in cheese— marketing area predicted to be used in value for protein than provided for in a more valuable form than nonfat dry cheese production. He stated that since Proposal 2. He stated that many cheese milk. As a result, he claimed, producer protein is the most important milk manufacturers add nonfat dry milk income would increase. component in cheese manufacture, it is (NFDM) to producer milk to standardize The Darigold witness asserted that the important to recognize protein in the or increase the ratio of casein or protein current MCP plan in Order 124 Order 124 pricing plan. to butterfat; in doing so, the protein increased producer returns by an The witness stated that under the content of the milk used to make cheese average of 10 cents per cwt. from the current plan, all nonfat solids is increased and therefore more of the previous system but failed to give components are priced at the same butterfat contained in producer milk producers proper signals about the level—a pound of protein is assigned may be utilized. The witness stated that components needed in the market. the same value as a pound of lactose. a higher protein value would give dairy Because the weighted average According to the witness, the current farmers a greater economic incentive to differential is included in the current pricing plan does not give dairy farmers produce protein rather than the less pricing system, he claimed, producers a direct incentive to increase production important component, ‘‘other solids.’’ continue to produce for volume to of protein compared to the other nonfat The NAJ witness explained that enhance returns. The witness argued solids. He asserted that the current plan Proposal 4’s protein price also includes that elimination of the producer can be inequitable to both producers a value determined from the whey price weighted average differential as a and handlers because protein should be and a yield factor, both to recognize the separate price component that assigned a higher value than lactose. additional value of protein beyond that represents producers’ share of the Class The witness testified that a producer calculated from the yield factor and a I, II and III–A differences in value from with milk containing a higher market cheese price and to account for the basic formula price would also percentage of nonfat solids as protein is all of the milk protein. The witness eliminate a source of confusion when paid less per pound of protein than one asserted that the majority of cheese the differential is a negative value. He with a lower percentage of nonfat solids plants do process their whey. stated that payments based only on that is protein. The NAJ representative The proponent witness asserted that pounds of components would show stated that based on the relationship of the inclusion of whey in the calculation producers more directly the value of the protein to solids-not-fat in a particular of the Proposal 4 protein price is individual components, giving the milk, a cheese maker could either be consistent with current market producer a direct incentive to produce overpaying or underpaying for the milk. practices. As an example, the witness the most valuable component. He contended that a milk pricing plan cited the price of butter used to The witness testified that a somatic that includes a separate payment for the determine the price of butterfat in the cell adjustment was not included in protein component would be more Federal order system. He pointed out proponent’s proposal because Order equitable to both producers and that the butterfat price, calculated from 124’s monthly average SCC is between handlers. He also noted that a MCP plan the price of butter, is paid by handlers 190,000 and 210,000. Consequently, he that includes protein would allow that process or manufacture milk stated, somatic cells do not need to be cheese manufacturers to purchase milk products other than butter. The NAJ considered as a pricing factor in Order at a price that better reflects its cheese witness stated that handlers who do not 124. yield potential. manufacture butter have not objected to Opposition to Proposal 2 was NAJ’s witness stated that the major paying for butterfat based on the price expressed by five Order 124 producers, objective of any milk pricing plan is to of a product they do not make, and all members of the proponent give dairy farmers the economic argued that this is no different than the 43478 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules price of protein being based on the price Proposals 2 and 4. Tillamook’s primary the best method to assure that all of Cheddar cheese and dry whey solids objections and concerns, supported by processors are treated fairly and for handlers that do not manufacture Portland Independent Milk Producers producers are paid properly for milk these products. Association (PIMPA) in a post-hearing which produces greater cheese yields. According to the NAJ witness, the brief filed with Tillamook’s, are that the Tillamook’s post-hearing brief noted Proposal 4 ‘‘other solids’’ price would proposed changes are not economically that the 1992 hearing which initially be calculated in a manner similar to that justified, the proposals would result in considered MCP for Order 124 in Proposal 2, and the market average lower pay prices to Pacific Northwest considered specifically the question of content for other solids would be used. dairy farmers, and the proposals should whether to use the M–W average test or Proposal 4 retains the current weighted not have been heard given another the market average test to compute the average differential price on a recent proceeding held in 1992 SNF price; interested parties ultimately hundredweight basis rather than regarding many of the same issues. requested, and USDA adopted in the including the Class I, II, and III–A The Tillamook witness stated that the final decision, the average M–W test for differential values in the computation of cooperative has recently had a less-than- solids nonfat. the producer ‘‘other solids’’ price as in adequate supply of raw milk to meet The Tillamook representative agreed Proposal 2. The witness contended that production needs as a result of with other witnesses that the best hope it is important for producers to see the declining milk production within its for improving producer prices under the direct value of participation in the membership brought on by severe current provisions of Order 124 would Federal order pool and the sources of economic stress in the Oregon coastal be to increase the utilization of Class III value for each milk component. dairy industry. Tillamook’s post-hearing relative to Class III–A. He also agreed The NAJ representative stated that brief contended that current supply and that because an economically Proposal 4 also uses the same protein demand conditions in Order 124 cannot competitive price of milk must exist to and other solids prices for both support a price reduction and, produce cheese, milk used to produce producers and handlers, with any consequently, no justification exists for cheese in the region should not be differences in component levels of milk the lower pay prices that may result if priced higher than in other regions of used in Class I versus Classes II and III Proposal 2 is adopted. the Federal order system. to be reconciled in the weighted average The Tillamook representative stated The Oregon-Washington Dairy differential value. The witness stated that since the implementation of Class Processors Association (OWDPA), that the need for separate handler and III–A in Federal orders in 1993, representing proprietary processors who producer protein and other solids prices Tillamook member incomes have fallen operate the majority of pool distributing and the confusion resulting from use of 64 cents per hundredweight, while feed plants regulated under Order 124, more than one price for a single costs continue to rise. The witness opposed Proposals 2 and 4 because both component would be eliminated. stated that adoption of Proposal 2 would would result in lower-than-current milk The NAJ witness said that since there cause pool blend prices and producer prices to producers. A witness for the is a direct relationship between payout prices to fall another 8 to 9 cents association asserted that producers manufacturing product yield and the per hundredweight. He stated associated with Order 124 have been level of protein and other solids opposition toward any proposals that subjected to excessive price declines in contained in milk, Class II and III would further erode producer income. recent years and oppose any further handlers’ obligations to the pool under The Tillamook witness predicted that declines, particularly those which result Proposal 4 would reflect more a reduction in producer pay prices from increasing returns to specific accurately the economic value of the would result in additional plant profits sectors of the processing industry. milk they use. He stated that a MCP for manufacturers of cheese. Given the The OWDPA witness supported plan that provides equal manufacturing influence of NFDM manufacture and modifications to either Proposal 2 or 4 margins across all milk component Class III–A prices on pool values, which would use M–W average levels would be the most uniform and however, he expected little if any of that component composition in place of equitable. He asserted that Proposal 4 increase in plant margins to be passed market average composition. He stated comes closest to meeting this objective back to producers. The witness stated that this modification for either by providing more equity among that manufacturing plants should look proposal would limit potential producer handlers while providing an incentive toward production efficiencies and losses by following the current MCP to procure and produce higher-protein value-added marketing rather than plan more closely, and would be milk. The witness contended that reduced payments to producers for their consistent with MCP plans in other adoption of Proposal 4 would direct source of income. markets. milk to its most valuable use. The Tillamook witness stated a The witness stated OWDPA’s The proponent witness said Proposal preference for the current pricing opposition to incorporating Class I, II 4 would allow all producers to receive system. However, he conceded that and III–A price differentials within the payment at the same price per pound for adding protein as a component in calculation of the other solids price, and each component contained in their milk pricing milk is a sound concept and supported instead continuing payment production, regardless of concentration. stated that if a new form of MCP were of a weighted average differential price The witness stated that more equity in adopted, Tillamook would support a to producers on a hundredweight basis. payment to producers would be system using the composition of M–W He asserted that Proposal 2 is an attempt provided than under either the current average milk to value all components. to use differential funds to enhance system or Proposal 2 and, consequently, The witness argued that using a national returns on ‘‘other solids’’ and would that some redistribution of monies standard to determine the value of represent an unfair advantage to among producers would occur. components in milk is more appropriate producers of higher solids milk who A witness for Tillamook County than having a variety of isolated may already be receiving additional Creamery Association (Tillamook), a standards based on smaller production payments to reflect the unique cooperative which pools and processes areas. Additionally, he asserted that characteristics of their production for one-third of the milk produced in using M–W component tests to calculate the market. The witness observed that Oregon, testified in opposition to the value of each component would be the production of high-solids producers Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43479 may be the least likely source of milk for price in any MCP plan. The brief Federal order pricing system nationally. those uses which normally generate contended that whey is more of a If the sum of the butterfat and protein class price differentials. The OWDPA disposal problem than a profitable component values is greater than the witness asserted that it is inappropriate endeavor and that whole whey BFP, a situation which would result in to penalize producers serving the Class operations represent a disposal cost a negative other nonfat solids price, the I market by denying them equal access rather than a contribution to earnings. protein price will be adjusted such that to funds derived from such sources. He The brief stated that Olympia Cheese the other nonfat solids price will be argued that returning Class I or Class II has invested capital and now makes zero. differentials to producers on a whey protein concentrate, but stated Three details of the revised pricing hundredweight basis is the only that the resulting lactose is a disposal plan on which participating parties did equitable method of apportioning pool problem that will require another not generally agree surfaced at the proceeds. substantial investment. hearing. These were (1) the computation Northwest Independent Milk This decision recommends the of an appropriate level of protein price, Producers Association (NWI), a adoption of a pricing plan for milk (2) whether the ‘‘other solids’’ price cooperative association regulated under based on three components rather than should be computed by dividing the Order 124, supported Proposal 4. The two, and a weighted average differential, residual value by the M–W or the NWI witness expressed the or ‘‘producer price differential’’ per marketwide ‘‘other solids’’ test, and (3) cooperative’s support for continued hundredweight. Milk pooled under the whether the differential values of milk refinements in MCP programs under Pacific Northwest Federal milk order used in Classes I, II and III–A should Federal orders with the position that the should be priced on the basis of its continue to be paid to producers as a component values of producer milk protein, other nonfat solids, and weighted average differential or be should reflect more closely the market butterfat components. combined with the value from which value of products produced by these The protein price contained in this the ‘‘other solids’’ price is computed. components. He stated that since decision is based on the value of protein Protein is the most important January 1995 the cooperative has paid in the manufacture of cheese, as component in cheese-making and its members based on the components determined by cheese market prices, increasing volumes of milk in Order 124 and values of the MCP plan and is not a residual of the basic are being used, or are forecast to be recommended in late 1994 for five formula price (BFP) minus butterfat used, in cheese production. A payment Midwest Federal order markets. value as is the case in the Southwest for protein should be directly included The NWI witness stated that Proposal Idaho-Eastern Oregon (Order 135) MCP in the milk pricing plan in order to give 2 would improve the current MCP plan. The butterfat price would be based producers an incentive to increase system but would fail to price on the butter market, as it is in other protein production. Under the current components used in Class III closely multiple component pricing systems. butterfat and solids-not-fat pricing enough to the Class III value to result in ‘‘Other nonfat solids’’ will be priced as system, all nonfat solids are priced at appropriate returns to producers. The a residual of the BFP minus protein the same level. As a result, producers witness asserted that Proposal 4 would value and butterfat value, divided by a are not given a direct incentive to reflect more nearly the components’ marketwide average ‘‘other solids’’ test. increase protein production over other market value and convey more The butterfat, protein, and other nonfat nonfat solids. accurately to producers the right solids prices would be expressed in The inclusion of protein in the milk economic signals for component dollars per pound carried to the fourth pricing system provides for greater production and management decisions. decimal place. In addition, payments to equity for both handlers and producers. The NWI representative noted that each producer should reflect the value Under the current Order 124 pricing producer confusion and of participation in the marketwide pool system, a producer who delivers milk misunderstanding has existed regarding on a hundredweight basis. containing a higher percentage of nonfat the weighted average differential, which Recognition of both the protein and solids as protein receives a lower price sometimes has been positive and other solids components under the per pound of protein than one with a sometimes negative. However, he Pacific Northwest pricing plan will give lower percentage of nonfat solids that is maintained that the current order producers the proper signal to protein. In this situation, some cheese- provisions result in a weighted average concentrate on production of nonfat makers could be overpaying, and some differential that appropriately indicates solids, especially protein, because it is underpaying, for milk, resulting in market prices and class usages, and that the solids in milk rather than the water unequal milk protein costs to handlers. this aspect of the current pricing plan that give milk its functional and The three-component milk pricing plan should be continued. economic value. Additional emphasis provides a system in which Olympia Cheese Company (Olympia on the importance of the value of manufacturing handlers are obligated to Cheese) was not represented by protein in cheese manufacture is pay the same price per pound for each testimony during the hearing, but did appropriate, as this use of producer milk of the components in milk. At the same file a post-hearing brief. Olympia results in greater value to producers time, all producers would receive the Cheese’s brief contended that more time than milk used in nonfat dry milk, and same price per pound for each should be allowed to assess the current the record indicates that an increasing component contained in their milk. MCP plan and to allow for changes percentage of the producer milk in this Protein price. The protein price for resulting from the pending Farm Bill. market will be used in cheese. milk pooled under the Pacific The brief opposed implementing the As in other orders for which multiple Northwest Federal milk order should be MCP portion of Proposal 2. However, component pricing has been adopted, calculated by multiplying the monthly should the MCP plan be revised, the this decision assures that the value of average of 40-pound block cheese prices brief supported using the Pacific the components of producer milk used on the Green Bay Cheese Exchange by Northwest market average test instead of in Class III remains equal to the BFP. 1.32, without including a value for the M–W test to compute component Maintaining the price relationship of whey protein. This price calculation, values, and opposed including a whey Class III use between orders helps to included in Proposal 2, would result in protein factor to calculate a protein assure some basic uniformity in the a lower protein price than that in 43480 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

Proposal 4. The 1.32 yield factor is the component’s use in one product higher value. However, because most obtained from the modified Van Slyke overlooks the fact that the price of plants within the M–W survey purchase and Price cheese yield formula. Based butterfat, based on its value in butter, milk for processing cheese, fewer plants on milk containing 3.2 percent protein, prices that component at probably its within the survey report SNF than the formula predicts that for each pound lowest use value, and likely underprices protein. Both the M–W survey price and of protein used for Cheddar Cheese- it in other products. Pricing protein the MCP system in the five north central making, 75 percent of that pound of according to its value in cheese appears markets reflect the fact that the M–W protein yields 1.32 pounds of cheese to be appropriate, but enhancing that average test is used in markets that have (with the remaining 25 percent ending price by the value of a product that the a higher percentage of milk used to up in whey). handler may not make (whey) would produce cheese. The record indicates that both protein overstate the value of protein in cheese. Since the implementation of the and butterfat are necessary for cheese- In addition, Federal order pricing is Pacific Northwest MCP plan in May making. Protein has value beyond its intended to reflect minimum values 1994, Grade B milk in the M–W region actual contribution to cheese yield rather than maximum values. Handlers has tested lower for SNF by 0.14 pounds because it determines the amount of the who believe that they obtain more value per hundredweight than has Grade A butterfat in milk that will be used in from protein than they are required to milk in the Pacific Northwest, resulting cheese by forming the matrix that causes pay for under the order may gain a in a price difference between the two the butterfat to remain with the cheese. competitive advantage in procuring regions of .016 cents per pound of SNF. The Van Slyke formula indicates that supplies of high-protein producer milk For a seven-month period during 1992, with a favorable ratio of protein to by paying more than the minimum Darigold’s SNF tests ranged from .04 to butterfat, 90 percent of each pound of order price for protein. .19 higher than the M–W SNF tests. butterfat used for Cheddar cheese- The difference in protein prices under Thus, a discrepancy exists between the making remains in the cheese. Orders 124 and 135 should result in average SNF test stipulated in the order The total value of producer milk at few, if any, disorderly conditions (the M–W test) and the average SNF test market average component levels is between the two marketing areas. On within the region. As a result, plants basically the same under both Proposals average, the amount by which the Order located in the Pacific Northwest pay 2 and 4; the difference is the percentage 135 protein price exceeds that in Order more per hundredweight for milk used of the skim milk value allocated to 124 will be compensated for by the in manufactured products than do protein and to other solids. When a additional ‘‘other solids’’ payment plants located in the M–W region. value for whey is specifically included component under Order 124. Very few Additionally, Order 124’s price per in the protein price calculation, as producers’ milk should contain protein pound of SNF averages about 1 to 1.5 under Proposal 4 in which the value of and ‘‘other solids’’ that vary so greatly cents higher than California, placing protein in whey powder is included to from average milk that they would find class prices for milk used in account for all the milk protein beyond it advantageous to overcome the various manufactured products under Order 124 the portion contained in cheese, a institutional factors that would make it higher than both California and the higher protein price and lower other difficult to switch between the two Midwest. If the 5-market MCP decision solids price result. markets. If some degree of such were incorporated in the Pacific Proposal 4 provides a higher protein ‘‘switching’’ should occur, it is even Northwest order, the cost of milk used price than Proposal 2, but results in a more unlikely that the balance between in manufacturing would be higher protein price lower than that under protein and ‘‘other solids’’ in individual under Order 124 than in either Order 135. Comparing the period May producers’ milk would be variable California or the Midwest. In such a 1994 through May 1995, the average enough to make a change in markets protein prices per pound under more than a one-time occurrence. case, it is appropriate to use market Proposals 2 and 4, and under Order 135 Computation of ‘‘other solids’’ price. composition of milk for a region so would have been $1.6547, $2.0205, and The price for ‘‘other solids’’ should be distant from the upper Midwest. $2.87, respectively. computed by dividing the remaining Although use of the market, rather The hearing record provides little value of the BFP, after the butterfat and than the M–W, average of ‘‘other solids’’ basis for incorporating a whey powder protein values have been deducted, by to compute the ‘‘other solids’’ price will price factor in the computation of the the Pacific Northwest ‘‘other solids’’ have the effect of reducing producer protein price. The record indicates that content. If the resulting other solids returns by approximately 10 cents per for one Order 124 handler the cost of price is less than zero, the protein price hundredweight, increased profitability whey production amounts to between would be reduced so that the ‘‘other of cheese manufacture should offset that 80 and 120 percent of the sales value. solids’’ price would equal zero. effect by reducing the use of milk in Although the protein in whey does have Record evidence indicates that the Class III–A. If, as expected, increasing value, the cost of recovery is so great current pricing plan in the Pacific volumes of milk are used in cheese, that it frequently has little, or a negative, Northwest order does not value the rather than in (lower-value) nonfat dry value to handlers. In addition, certainly composition of average milk correctly, milk, producer prices should increase much less than 100 percent of the and will continue to overvalue the accordingly. protein that is not incorporated in ‘‘other solids’’ component if either Producer price differential. Although cheese is captured in whey products. Proposal 2 or 4 is adopted using the inclusion of the differential values of The record also indicates that the average nonfat solids test of M–W milk. producer milk used in classes other than capability of making a whey product, The record indicates that while protein Class III was proposed to be part of the which is not available to every cheese- levels are comparable across regions or ‘‘other solids’’ price calculation, the maker, leads to another disposal orders, the nonfat solids tests reported weighted average differential should be problem—that of lactose. in the Pacific Northwest are consistently calculated as it is currently. Some The NAJ argument that an appropriate higher than those reported for M–W confusion between orders may be protein component price would, like the milk. The conclusion could be drawn avoided by referring to it hereafter as the price of butterfat based on a butter that milk produced in the Pacific ‘‘producer price differential,’’ as it is in market price, reflect all of the value of Northwest therefore should carry a the 5 north central milk orders. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43481

Apparently, one of the reasons for (a) The tentative marketing agreement § 1124.2 Pacific Northwest marketing area. proposing that the differential pool and the order, as hereby proposed to be * * * * * values be incorporated in computation amended, and all of the terms and Washington counties: of the other solids price is to avoid conditions thereof, will tend to Adams, Asotin, Benton, Chelan, producer confusion when the effectuate the declared policy of the Act; Clallam, Clark, Columbia, Cowlitz, differential value is negative. The record (b) The parity prices of milk as Douglas, Ferry, Franklin, Garfield, shows that a negative differential determined pursuant to section 2 of the Grant, Grays Harbor, Island, Jefferson, existed for about 6 of the first 12 months Act are not reasonable in view of the King, Kitsap, Kittitas, Klickitat, Lewis, under the current MCP system. While price of feeds, available supplies of Lincoln, Mason, Okanogan, Pacific, the negative value may be a difficult feeds, and other economic conditions Pend Oreille, Pierce, San Juan, Skagit, concept for producers to understand or which affect market supply and demand Skamania, Snohomish, Spokane, accept—it indicates that participation in for milk in the marketing area, and the Stevens, Thurston, Wahkiakum, Walla the marketwide pool has a negative minimum prices specified in the Walla, Whatcom, Whitman and Yakima. value to them—there is value in making tentative marketing agreement and the * * * * * producers aware of this aspect of the order, as hereby proposed to be 3. In § 1124.30, paragraphs (a)(1)(i), Pacific Northwest pool. amended, are such prices as will reflect (a)(1)(ii), (c)(1), (c)(2), and (c)(3) are Another of the reasons given for the aforesaid factors, insure a sufficient revised to read as follows: wanting to eliminate this remaining per quantity of pure and wholesome milk, hundredweight basis of paying and be in the public interest; and § 1124.30 Reports of receipts and producers for milk was to discourage utilization. (c) The tentative marketing agreement producers from continuing to produce * * * * * for volume, rather than solids, to and the order, as hereby proposed to be amended, will regulate the handling of (a) * * * enhance returns. It is difficult to (1) * * * describe the producer price differential milk in the same manner as, and will be applicable only to persons in the (i) Milk received directly from as ‘‘enhancing’’ the hundredweight producers (including such handler’s value of milk when it is sometimes respective classes of industrial and commercial activity specified in, a own production), and the pounds of negative. Inclusion of class price protein and pounds of solids-not-fat differentials in the ‘‘other solids’’ price marketing agreement upon which a hearing has been held; and other than protein (other solids) would not necessarily enhance that contained therein; (d) All milk and milk products price, but rather would add to it a (ii) Milk received from a cooperative handled by handlers, as defined in the random plus or minus factor of varying association pursuant to § 1124.9(c), and tentative marketing agreement and the magnitude. the pounds of protein and pounds of order as hereby proposed to be It is appropriate to continue a solids-not-fat other than protein (other amended, are in the current of interstate component of producer payments that solids) contained therein; represents the differential value of commerce or directly burden, obstruct, * * * * * participating in the marketwide pool. or affect interstate commerce in milk or (c) * * * Such a payment factor indicates market its products. (1) The pounds of skim milk, prices and the relative value of class Recommended Marketing Agreements butterfat, protein and solids-not-fat usages. and Order Amending the Orders other than protein (other solids) Rulings on Proposed Findings and The recommended marketing received from producers; Conclusions agreement is not included in this (2) The utilization of skim milk, Briefs and proposed findings and decision because the regulatory butterfat, protein and solids-not-fat conclusions were filed on behalf of provisions thereof would be the same as other than protein (other solids) for certain interested parties. These briefs, those contained in the orders, as hereby which it is the handler pursuant to proposed findings and conclusions, and proposed to be amended. The following § 1124.9(b); and the evidence in the record were order amending the orders, as amended, (3) The quantities of skim milk, considered in making the findings and regulating the handling of milk in the butterfat, protein and solids-not-fat conclusions set forth above. To the Pacific Northwest marketing area is other than protein (other solids) extent that the suggested findings and recommended as the detailed and delivered to each pool plant pursuant to conclusions filed by interested parties appropriate means by which the § 1124.9(c). are inconsistent with the findings and foregoing conclusions may be carried * * * * * conclusions set forth herein, the out. 4. In § 1124.31, paragraphs (a)(1) and requests to make such findings or reach (b)(1) are revised to read as follows: List of Subjects in 7 CFR Part 1124 such conclusions are denied for the § 1124.31 Payroll reports. reasons previously stated in this Milk marketing orders. decision. * * * * * For the reasons set forth in the (a) * * * General Findings preamble 7 CFR Part 1124 is proposed (1) The total pounds of milk received The findings and determinations to be amended as follows: from each producer, the pounds of hereinafter set forth supplement those butterfat, protein and solids-not-fat PART 1124ÐMILK IN THE PACIFIC other than protein (solids nonfat) that were made when the Pacific NORTHWEST MARKETING AREA Northwest and Southwestern Idaho- contained in such milk, and the number Eastern Oregon orders were first issued 1. The authority citation for 7 CFR of days on which milk was delivered by and when they were amended. The Part 1124 continues to read as follows: the producer during the month; previous findings and determinations * * * * * Authority: 7 U.S.C. 601–674. are hereby ratified and confirmed, (b) * * * except where they may conflict with 2. In § 1124.2, the list of Washington (1) The total pounds of milk received those set forth herein. counties is revised to read as follows: from each producer and the pounds of 43482 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules butterfat, protein and solids-not-fat paragraphs (g) introductory text, (g)(3), (1) The values computed pursuant to other than protein (solids nonfat) (h)(3), and (h)(6), the section heading § 1124.60(a) through (c) and (g) through contained in such milk; and the undesignated center heading (n) for all handlers who filed the reports * * * * * preceding it; removing the phrase prescribed by § 1124.30 for the month 5. In § 1124.50, paragraphs (f) ‘‘assigned to shrinkage’’ in paragraph (h) and who made the payments pursuant introductory text and (g), are revised, and adding in its place the phrase to § 1124.71 for the preceding month; and a new paragraph (h) is added to ‘‘assigned to inventory’’; and adding a and read as follows: new paragraph (f) to read as follows: (2) Add the values computed pursuant to § 1124.60(d), (e) and (f); and Producer Price Differential § 1124.50 Class and component prices. subtract the values obtained by * * * * * § 1124.60 Handler's value of milk. multiplying the handlers’ total pounds (f) The butterfat price per pound, * * * * * of protein and total pounds of other rounded to the nearest one-hundredth (e) Multiply the protein price for the solids contained in such milk by their cent, shall be the total of: month by the pounds of protein respective prices; * * * * * associated with the pounds of producer * * * * * (g) The protein price per pound, skim milk in Class II and Class III during (d) Divide the resulting amount by the rounded to the nearest one-hundredth the month. The pounds of protein shall sum, for all handlers, of the total cent, shall be 1.32 times the average be computed by multiplying the hundredweight of producer milk and monthly price per pound for 40-pound producer skim milk pounds so assigned the total hundredweight for which a block Cheddar cheese on the National by the percentage of protein in the value is computed pursuant to Cheese Exchange as reported by the handler’s receipts of producer skim milk § 1124.60(k); and Department. during the month for each report filed (e) Subtract not less than 4 cents per (h) The other solids price per pound, separately; hundredweight nor more than 5 cents rounded to the nearest one-hundredth (f) Multiply the other solids price for per hundredweight. The result shall be cent, shall be the basic formula price at the month by the pounds of other solids the producer price differential. test less the average butterfat test of the associated with the pounds of producer 9. Section 1124.62 is removed, and basic formula price as reported by the skim milk in Class II and Class III during § 1124.63 is redesignated as § 1124.62 Department times the butterfat price, the month. The pounds of other solids and revised to read as follows: less the average protein test of the basic shall be computed by multiplying the § 1124.62 Announcement of the producer formula price as reported by the producer skim milk pounds so assigned Department for the month times the price differential and a statistical uniform by the percentage of other solids in the price. protein price, and dividing the resulting handler’s receipts of producer skim milk On or before the 14th day after the amount by the average other solids test during the month for each report filed of producer milk pooled under Part end of each month, the market separately; administrator shall announce the 1124 for the month, as determined by (g) With respect to skim milk and the Market Administrator. If the following prices and information: butterfat overages assigned pursuant to (a) The producer price differential; resulting price is less than zero, then the § 1124.44(a)(15), (b) and paragraph (g)(6) protein price will be reduced so that the (b) The protein price; of this section: (c) The other solids price; other solids price equals zero. 6. Section 1124.53 is revised to read * * * * * (d) The butterfat price; (e) The average protein and other as follows: (3) Multiply the pounds of protein and other solids associated with the solids content of producer milk; and § 1124.53 Announcement of class and skim milk pounds assigned to Class II (f) The statistical uniform price for component prices. and III by the protein and other solids milk containing 3.5 percent butterfat, On or before the 5th day of each prices, respectively; computed by combining the Class III month, the market administrator shall * * * * * price and the producer price announce publicly the following prices: (h) * * * differential. 10. In § 1124.71 paragraph (b)(1), the (a) The Class I price for the following (3) Multiply the pounds of protein phrase ‘‘§ 1124.73(a)(2)(i), (ii), and (iii);’’ month; and other solids associated with the is removed and the phrase (b) The Class II price for the following skim milk pounds assigned to Class II ‘‘§ 1124.73(a)(2)(ii) through (iv);’’ is month; and III by the protein and other solids added in its place, and paragraphs (a)(1) (c) The Class III price for the prices, respectively; preceding month; and (b)(3) are revised to read as follows: (d) The Class III–A price for the * * * * * preceding month; (6) Subtract the Class III value of the § 1124.71 Payments to the producer- settlement fund. (e) The skim milk price for the milk at the previous month’s protein, preceding month; other milk solids, and butterfat prices; * * * * * (f) The butterfat price for the * * * * * (a) * * * preceding month; 8. In § 1124.61, the section heading, (1) The total handler’s value of milk (g) The protein price for the preceding introductory text, and paragraphs (a), (d) for such month as determined pursuant month; and (e) are revised to read as follows: to § 1124.60; and (h) The other solids price for the * * * * * preceding month; and § 1124.61 Producer price differential. (b) * * * (i) The butterfat differential for the A producer price differential per (3) The value at the producer price preceding month. hundredweight of milk for each month differential adjusted for the location of 7. Section 1124.60 is amended by shall be computed by the market the plant(s) from which received (not to redesignating paragraphs (f) through (m) administrator as follows: be less than zero) with respect to the as paragraphs (g) through (n); revising (a) Combine into one total for all total hundredweight of skim milk and paragraph (e), newly designated handlers: butterfat in other source milk for which Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43483 a value was computed or such handler § 1124.74 [Amended] ADDRESSES: Please send an original and pursuant to § 1124.60(k). 12. In § 1124.74 paragraph (c), the three copies of your comments to * * * * * phrase ‘‘weighted average differential Docket No. 93–152–1, Regulatory 11. In § 1124.73, paragraphs (c)(2) and price’’ is removed and the phrase Analysis and Development, PPD, (d)(2) are amended by removing the ‘‘producer price differential’’ is added in APHIS, Suite 3C03, 4700 River Road phrase ‘‘paragraph (a)(2)(i) through (iii) its place everywhere it appears. Unit 118, Riverdale, MD 20737–1238. Please state that your comments refer to of this section’’ and adding in its place § 1124.75 [Amended] the phrase ‘‘paragraph (a)(2)(i) through Docket No. 93–152–1. Comments (iv) of this section’’; paragraphs (a)(2)(ii) 13. In § 1124.75, the second sentence received may be inspected at USDA, through (vi), (c) introductory text, (c)(1), of paragraph (a)(1)(i) is amended by room 1141, South Building, 14th Street and (f)(2) are revised; and a new adding the phrase ‘‘or statistical uniform and Independence Avenue SW., paragraph (a)(2)(vii) is added to read as price’’ after the words ‘‘estimated Washington, DC, between 8 a.m. and follows: uniform price’’ and the phrase 4:30 p.m., Monday through Friday, ‘‘estimated uniform price’’ in the first except holidays. Persons wishing to § 1124.73 Payments to producers and to sentence of paragraph (b)(4) is removed inspect comments are requested to call cooperative associations. and the phrase ‘‘statistical uniform ahead on (202) 690–2817 to facilitate (a) * * * price’’ is added in its place. entry into the comment reading room. (2) * * * § 1124.85 [Amended] FOR FURTHER INFORMATION CONTACT: Dr. (ii) Add the amount that results from David A. Espeseth, Deputy Director, 14. In § 1124.85 paragraph (b), the Veterinary Biologics, BBEP, APHIS, multiplying the protein price for the phrase ‘‘§ 1124.60 (h) and (j)’’ is month by the total pounds of protein in 4700 River Road Unit 148, Riverdale, removed and the phrase ‘‘§ 1124.60 (i) MD 20737–1237, (301) 734–8245. the milk received from the producer; and (k)’’ is added in its place. (iii) Add the amount that results from Dated: August 19, 1996. SUPPLEMENTARY INFORMATION: multiplying the other solids price for Background the month by the total pounds of other Lon Hatamiya, solids in the milk received from the Administrator. Veterinary biological products are producer; [FR Doc. 96–21491 Filed 8–22–96; 8:45 am] licensed under the Virus-Serum-Toxin (iv) Add the amount that results from BILLING CODE 3410±02±P Act (hereinafter referred to as the VSTA) multiplying the total hundredweight of on the basis of their purity, safety, milk received from the producer by the potency, and efficacy. Any ‘‘virus, Animal and Plant Health Inspection producer price differential for the serum, toxin, or analogous product’’ Service month as adjusted pursuant to intended for use in the treatment of animals is subject to regulation under § 1124.74(a); 9 CFR Part 101 (v) Subtract payments made to the the VSTA. Such substances are commonly referred to as biologics or producer pursuant to paragraph (a)(1) of [Docket No. 93±152±1] this section; biological products. The definitions of RIN 0579±AA65 terms related to veterinary biological (vi) Subtract proper deductions products appear in 9 CFR 101. authorized in writing by the producer; Viruses, Serums, Toxins, and The Food and Drug Administration and Analogous Products; Definition of (FDA) regulates drugs for use in (vii) Subtract any deduction required Biological Products and Guidelines animals. The Federal Food, Drug, and pursuant to § 1124.86 or by statute; and Cosmetic Act (FFDCA) defines ‘‘drugs’’ * * * * * AGENCY: Animal and Plant Health to include, among other things, articles (c) Each handler shall pay to each Inspection Service, USDA. intended for use in the diagnosis, cure, cooperative association which operates ACTION: Proposed rule. mitigation, treatment, or prevention of a pool plant, or to the cooperative’s duly diseases in man or other animals; and authorized agent, for butterfat, protein SUMMARY: We are proposing to amend articles (other than food) intended to and other solids received from such the regulations by revising the affect the structure or any function of plant in the form of fluid milk products definition of ‘‘biological products.’’ The the body of man or other animals. as follows: amendment is necessary in order to Articles that are used to improve animal reflect current usage and advances in (1) On or before the second day prior performance, such as increased rate of scientific knowledge, and to clarify to the date specified in paragraph (a)(1) gain and enhanced feed efficiency, are certain parts of the definition. of this section, for butterfat, protein, and ‘‘drugs’’ under the FFDCA. Section We are also proposing to add a other milk solids received during the 902(c) of the FFDCA states that nothing definition of ‘‘guidelines’’ to the first 15 days of the month at not less in the FFDCA shall affect, modify, regulations. Guidelines are used to than the butterfat, protein, and other repeal, or supersede the provisions of assist manufacturers of veterinary milk solids prices, respectively, for the the VSTA. FDA regulations under 21 biologics and other interested persons preceding month; and U.S.C. 510.4 provide that an animal regarding test procedures, methods, and * * * * * drug produced in full conformance with other considerations that would be the VSTA will not be subject to the new (f) * * * acceptable to the agency in support of animal drug approval requirements of (2) The total pounds of milk delivered licensure of a veterinary biological the FFDCA. by the producer, the pounds of butterfat, product. This action would clarify in protein and other solids contained the regulations the purpose and intent Definition of Biological Product therein, and, unless previously of guidelines. The definition of ‘‘biological provided, the pounds of milk in each DATES: Consideration will be given only products’’ in 9 CFR 101.2 was last delivery; to comments received on or before amended on April 2, 1973 (See 38 FR * * * * * October 22, 1996. 8426–8428). Since that time, the VSTA 43484 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules has been amended by the 1985 Food extracts and products derived from the (excluding antibiotics), or analogous Security Act (Pub. L. 99–198) and aloe vera plant) that are used in the products at any stage of production, scientific advances have improved our treatment of specific diseases of animals shipment, distribution, or sale. understanding of how veterinary have been regulated by the Animal and Under the VSTA, a ‘‘virus’’ is not only biologics work. Plant Health Inspection Service (APHIS) a product containing the infective agent The 1985 Food Security Act provided since 1980. known as a virus, but also a product for additional enforcement authorities APHIS received a citizen’s petition containing any live or killed under the VSTA. These authorities dated September 14, 1993, from the microorganism and the antigenic or include detention, seizure, and Animal Health Institute, a national trade immunizing components of condemnation and injunctive association, requesting that the microorganisms. procedures. In addition, unless definition of ‘‘biological products’’ be In addition, the proposed APHIS otherwise exempted, all veterinary amended as set forth below: definition would: biological products shipped in or from The term ‘‘animal biological product’’ 1. Recognize multiple components the United States must meet Federal means any virus, serum, toxin, or analogous that interact in the functioning of the standards for licensure related to purity, product represented as an animal biological immune system. safety, potency, and efficacy. Products product intended for use in the diagnosis, Such biological products would be manufactured in foreign countries may prevention, treatment and cure of disease in used in the treatment of specific not be imported without a permit issued animals, including any vaccine, bacterin, diseases of animals through the under the Act and regulations. The main toxoid, whole blood, plasma, serum, stimulation, supplementation, purpose of the VSTA is to protect those antiserum, antitoxin, other blood enhancement, or modulation of the who use veterinary biologics from components involved in passive and active immune system or immune response. immunization, allergen, diagnostic The use of a biological product would products which are worthless, component, or analogous product, whether contaminated, dangerous, or harmful. In any of these products is of natural or be determined, among other things, by this regard, products which are synthetic origin, or results from synthesizing the approved label claim in the filed represented to be biological products or altering antigen or antibody components Outline of Production. The approved also fall under the jurisdiction of the or similar technologies. label claim would define the purpose VSTA. 1. A virus is interpreted to be not only a and condition for use of the biological Since 1973, our understanding of how product containing the infective agent known product. veterinary biologics work has advanced as a virus, but also a product containing any For purposes of this rule, the terms substantially. It is now recognized in the live or killed microorganism and the ‘‘stimulation,’’ ‘‘supplementation,’’ scientific literature that the generation antigenic or immunizing components of ‘‘enhancement,’’ and ‘‘modulation’’ of or stimulation of an immune response microorganisms. 2. A serum product is whole blood or any the immune system would have the involves both antigens and certain product derived therefrom. following meanings. ‘‘Stimulation’’ protein regulatory factors referred to as 3. A toxin product is a component or would refer to ‘‘active immunization’’ cytokines. Some cytokines (e.g. product of an organism (excluding and ‘‘supplementation’’ of the immune interleukins) serve as essential substances that are selectively toxic to system would refer to ‘‘passive components in the generation and microorganisms, e.g., antibiotics) which is immunization’’ (by blood or other expression of an immune response, poisonous to other living organisms and components). ‘‘Enhancement’’ or without which the vaccine would be which stimulates antibodies to itself when ‘‘modulation’’ of the immune system worthless. These cytokines may be administered at sublethal doses. would refer to the ‘‘up regulation’’ or 4. A product is analogous to a vaccine, elicited through stimulation with ‘‘fine tuning,’’ respectively, of the antigens or certain bacterin, toxoid, whole blood, plasma, serum, antiserum, antitoxin, other blood immune system in the generation of an ‘‘immunomodulators’’. components involved in passive and active effective immune response. Cytokines are also produced in many immunization, allergen, or diagnostic 2. Recognize as biological products body tissues and act on cell types other components, and includes, but is not limited certain immunomodulators used in the than those of the immune system. to filterable viruses, bacteria, rickettsia, fungi, treatment of specific diseases of Cytokines of natural or synthetic origin mycoplasma and parasites, if it is intended animals. can be prepared as products for to have a similar effect in the stimulation, Biological products would include, administration to animals. Because of enhancement, supplementation, or but not be limited to vaccines, bacterins, the diverse biological activity of the modulation of immunity of animals or in the allergens, antibodies, antitoxins, cytokines, not all products consisting of detection or measurement of antigens, toxoids, immunostimulants, certain these substances would be regulated antibodies, nucleic acids or immunity of animals. cytokines, antigenic or immunizing under the VSTA. Many of these components of live organisms, and cytokines intended to be used as drugs In drafting the proposed definition, diagnostic components, whether they would fall under the jurisdiction of the APHIS has considered the citizen’s are of natural or synthetic origin, or Food and Drug Administration. In such petition. APHIS has also reviewed its products which result from synthesizing instances, the VSTA would not apply. own definition of ‘‘biological products’’ or altering various substances. Both cytokines and in 9 CFR 101.2. Such review has been 3. Recognize genetically engineered immunomodulators are analogous to ongoing because it has become apparent products. biological products when they are used that some clarification and updating of These substances would include to stimulate, supplement, enhance, or the definition is necessary. In response microorganisms and their antigenic or modulate the immunity of animals in to the citizen’s petition and to reflect its immunizing components, genes or the treatment of disease. Products own efforts to update the definition, genetic sequences, carbohydrates, consisting of these substances that work APHIS is proposing this rule to amend proteins, allergens, and antibodies. through these immune mechanisms in the definition of ‘‘biological products’’ 4. Define analogous products. the treatment of specific disease in § 101.2. The term ‘‘analogous products’’ in the appropriately fall within the definition The proposed APHIS definition of proposed definition of ‘‘biological of ‘‘biological products’’. Certain ‘‘biological products’’ in § 101.2 would products’’ would include substances, at immunomodulators (e.g., cell wall refer to all viruses, serums, toxins any stage of production, shipment, Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43485 distribution, or sale, which are intended management, or cure of diseases of In efforts to reduce inconsistency and for use in the treatment of animals and animals. to coordinate regulatory efforts between which are similar in function to For the reasons discussed, APHIS the two agencies, APHIS requested on biological products in that they act, or proposes to amend the regulations by July 1, 1994, specific comment from the are intended to act, by stimulating, revising the definition of the term Food and Drug Administration (FDA) supplementing, enhancing, or ‘‘biological products’’ to address regarding the proposed definition prior modulating the immune system or advances in scientific knowledge, the to its publication. In addition, meetings immune response. This term would also recommendations in the citizen’s were held between representatives of apply to substances, at any stage of petition submitted by the Animal Health the two agencies on October 25, production, shipment, distribution, or Institute, and to clarify certain questions November 8, November 22, 1994, and sale, which do not act or are not which have arisen. January 20, 1995, to clarify specific intended to act by stimulating, Definition of Guidelines points in the proposed definition. In supplementing, enhancing, or December 1994 and January 1995, modulating the immune system or We are also proposing to add a APHIS revised its proposed definition immune response, but which resemble definition of ‘‘guidelines’’ to the in response to the comments received or are represented as biological products administrative terminology section of and the discussions at the meetings held through appearance, packaging, § 101.2. ‘‘Guidelines’’ establish with the FDA. labeling, claims (either oral or written), principles or practices related to test Based on progress made during representations, or through any other procedures, manufacturing practices, several meetings between APHIS and means. For example, a substance product standards, scientific protocols, the FDA to discuss the proposed consisting of water and coloring which labeling, or other technical or policy definition, and the specific changes appears to be a biological product or considerations. ‘‘Guidelines’’ that are made to the proposed definition in which is packaged or labeled or issued by the agency include Veterinary response to FDA comments, APHIS represented as a biological product Biologics Licensing Considerations, believes that the proposed rule on the would be considered an analogous Memoranda, Notices, and Supplemental definition of ‘‘biological products’’ product intended for use in the Assay Methods. should not lead to serious inconsistency treatment of animals. The intended use The purpose of ‘‘guidelines’’ is to or otherwise interfere with actions taken would be determined using an objective assist licensees and applicants in or planned by another agency. standard and not a subjective one, and matters related to procedures, methods, The primary effect of the proposed would be based on factors such as and other considerations that would be rule would be to update the definition representations, claims, packaging, acceptable to the agency. ‘‘Guidelines’’ of ‘‘biological products’’ and add a labeling, or appearance. also clarify and explain agency practice definition of the term ‘‘guidelines.’’ This and requirements. amendment to the regulations should 5. Clarify coverage of diagnostic have no adverse economic impact on products and components. Executive Order 12866 and Regulatory firms and may even provide a benefit The proposed term ‘‘analogous Flexibility Act since the issuance of ‘‘guidance’’ products’’ would also include products This proposed rule has been reviewed documents may help to reduce the intended for use in the treatment of under Executive Order 12866. The rule amount of time or resources required to diseases of animals by detecting or has been determined to be significant complete licensure or testing of a measuring antigens, antibodies, nucleic for purposes of Executive Order 12866, biological product. It is anticipated that acids, or immunity of animals. and, therefore, has been reviewed by the the amendment would benefit 6. Recognize blood or other Office of Management and Budget. manufacturers of veterinary biologics by components involved in passive or APHIS is proposing to amend the providing definitions that reflect current active immunization. definition of the term ‘‘biological usage and accommodate advances in Terms such as whole blood and products’’ in its regulations under the scientific knowledge. plasma are not specifically included Virus-Serum-Toxin Act, based on a The proposed rule is also anticipated since whole blood intended for petition that APHIS received from the to provide guidance to manufacturers of replacement of blood volume only Animal Health Institute, a national trade veterinary biologics as to the scope of would not be deemed a biological association, requesting that the the term ‘‘biological products.’’ product. Whole blood, plasma, and definition be updated to reflect current Biologics manufacturers should thus be other substances which meet the scientific usage. The agency is also aided in their decisionmaking related to definition of analogous product would proposing to amend the definition based the choice of submissions to APHIS for be covered under the definition. on its own efforts to update the licensure of veterinary biological The proposed APHIS definition of definition. products or to the Food and Drug ‘‘biological products’’ is somewhat Regulatory actions that are likely to Administration for the approval of similar to that proposed by the citizen’s result in a rule that may create a serious veterinary drugs. petition, but differs in some respects. inconsistency or otherwise interfere Under these circumstances, the For example, in the first paragraph of with the actions taken or planned by Administrator of the Animal and Plant the definition in the citizen’s petition, another agency are considered Health Inspection Service has the term ‘‘represented’’ has been moved ‘‘significant’’ under the Executive Order. determined that this action would not to paragraph (1)(a) in the APHIS Because of potential overlap between have a significant economic impact on definition. Other concepts and terms the definition of ‘‘animal drugs’’, that a substantial number of small entities. proposed in the petition have been are regulated by the Food and Drug adopted, but may be included in the Administration (FDA), and the Executive Order 12372 definition in a different manner. definition of ‘‘veterinary biological This program/activity is listed in the 7. Define the term ‘‘treatment’’. products’’, that are regulated by APHIS, Catalog of Federal Domestic Assistance The term ‘‘treatment’’ in the the proposed rule was designated as under No. 10.025 and is subject to definition of ‘‘biological products’’ ‘‘significant’’ under Executive Order Executive Order 12372, which requires would mean the prevention, diagnosis, 12866. intergovernmental consultation with 43486 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

State and local officials. (See 7 CFR part diagnostic components, that are of FEDERAL DEPOSIT INSURANCE 3015, subpart V.) natural or synthetic origin, or that are CORPORATION derived from synthesizing or altering Executive Order 12988 various substances or components of 12 CFR Part 362 This proposed rule has been reviewed substances such as microorganisms, RIN 3064±AA29 under Executive Order 12988, Civil genes or genetic sequences, Justice Reform. It is not intended to carbohydrates, proteins, antigens, Activities and Investments of Insured have retroactive effect. This rule would allergens, or antibodies. State Banks not preempt any State or local laws, (1) The term analogous products shall regulations, or policies, unless they include: AGENCY: Federal Deposit Insurance Corporation (FDIC). present an irreconcilable conflict with (a) Substances, at any stage of this rule. There are no administrative production, shipment, distribution, or ACTION: Proposed rule. procedures which must be exhausted sale, which are intended for use in the SUMMARY: The FDIC is proposing to prior to a judicial challenge to the treatment of animals and which are provisions of this rule. amend its regulations governing the similar in function to biological activities and investments of insured Paperwork Reduction Act products in that they act, or are state banks. In general, subject to certain intended to act, through the stimulation, This document contains no exceptions, insured state banks are supplemention, enhancement, or information collection or recordkeeping prohibited from making equity modulation of the immune system or requirements under the Paperwork investments of a type and in an amount immune response, or Reduction Act of 1995 (44 U.S.C. 3501 that are not permissible for national et seq.). (b) Substances, at any stage of banks or engaging as principal in production, shipment, distribution, or activities of a type not permissible for Regulatory Reform sale, which are intended for use in the national banks. The regulation requires This action is part of the President’s treatment of animals through the banks to file with the FDIC their plan for Regulatory Reform Initiative, which, detection or measurement of antigens, the divestiture of any prohibited equity among other things, directs agencies to antibodies, nucleic acids, or immunity, investments, establishes procedures remove obsolete and unnecessary or regarding notices to the FDIC pertaining regulations and to find less burdensome (c) Substances, at any stage of to excepted equity investments, ways to achieve regulatory goals. production, shipment, distribution, or delegates authority to act on notices, sale, which resemble or are represented List of Subjects in 9 CFR Part 101 applications and divestiture plans, as biological products through requires that banks provide certain Animal biologics. appearance, packaging, labeling, claims information to the FDIC regarding Accordingly, 9 CFR part 101 would be (either oral or written), representations, existing insurance underwriting amended as follows: or through any other means. activities that the law allowed banks to (2) The term ‘‘treatment’’ shall mean continue, provides for application PART 101ÐDEFINITIONS the prevention, diagnosis, management, procedures to obtain consent to engage 1. The authority citation for part 101 or cure of diseases of animals. in otherwise impermissible activities, would be revised to read as follows: * * * * * and establishes a number of exceptions to required consent. The proposed Authority: 21 U.S.C. 151–159; 7 CFR 2.22, § 101.2 [Amended] amendment substitutes a notice for an 2.80, and 371.2(d). 3. In § 101.2, the term ‘‘Guidelines’’ application when banks meet specified 2. Section 101.2 would be amended would be added in alphabetical order to requirements for particular real estate, by revising the term ‘‘biological read as follows: life insurance and annuity investment products’’ to read as follows: * * * * * activities. If the FDIC does not object to § 101.2 Administrative terminology. Guidelines. Guidelines establish the notice during the notice period, the principles or practices related to test bank may proceed with the planned * * * * * investment activities. Biological products. The term procedures, manufacturing practices, ‘‘biological products,’’ also referred to in product standards, scientific protocols, DATES: Comments must be received by this subchapter as biologics, biologicals, labeling, and other technical or policy October 22, 1996. or products, shall mean all viruses, considerations. Guidelines contain ADDRESSES: Send comments to Jerry L. serums, toxins (excluding substances procedures or standards of general Langley, Executive Secretary, Federal that are selectively toxic to applicability that are usually not Deposit Insurance Corporation, 550 17th microorganisms, e.g., antibiotics), or regulatory in nature, but that are related Street N.W., Washington, D.C. 20429. analogous products at any stage of to matters that fall under the Virus- Comments may be hand delivered to production, shipment, distribution, or Serum-Toxin Act. Guidelines issued by room F–402, 1776 F Street N.W., sale, which are intended for use in the the agency include Veterinary Biologics Washington, D.C. on business days treatment of animals and which act Licensing Considerations, Memoranda, between 8:30 a.m. and 5 p.m. Comments primarily through the direct Notices, and Supplemental Assay may be sent through facsimile to: (202) stimulation, supplementation, Methods. 898–3838 or by the Internet to: enhancement, or modulation of the * * * * * [email protected]. Comments will be immune system or immune response. Done in Washington, DC, this 20th day of available for inspection at the FDIC The term ‘‘biological products’’ includes August 1996. Public Information Center, room 100, but is not limited to vaccines, bacterins, A. Strating, 801 17th Street, N.W., Washington, D.C. allergens, antibodies, antitoxins, Acting Administrator, Animal and Plant on business days between 9:00 a.m. and toxoids, immunostimulants, certain Health Inspection Service. 4:30 p.m. cytokines, antigenic or immunizing [FR Doc. 96–21556 Filed 8–22–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: components of live organisms, and BILLING CODE 3410±34±P Shirley K. Basse, Review Examiner, Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43487

(202) 898–6815, Division of Hours Per Response: 4. would hold the real estate investment) Supervision, FDIC, 550 17th Street, Total Annual Burden Hours: 240. and direct investments in life insurance N.W., Washington, D.C. 20429; Pamela Background policies and annuities. The FDIC has E.F. LeCren, Senior Counsel, (202) 898- evaluated these applications with a 3730, Patrick J. McCarty, Counsel, (202) On December 19, 1991, the Federal view toward developing a proper 898–8708 or Linda L. Stamp, Counsel, Deposit Insurance Corporation balance between minimizing risk to the (202) 898–7310, Legal Division, FDIC, Improvement Act of 1991 (FDICIA) deposit insurance funds and allowing 550 17th Street, N.W., Washington, D.C. (Pub. L. 102–242, 105 Stat. 2236) was state banks to engage in real estate, 20429. signed into law. Section 303 of FDICIA insurance and annuity investment added section 24 to the Federal Deposit activities where otherwise permitted SUPPLEMENTARY INFORMATION: Insurance Act (FDI Act), ‘‘Activities of under state law. Paperwork Reduction Act Insured State Banks’’ (12 U.S.C. 1831a). Of the applications, notices and With certain exceptions, section 24 of The collection of information divestiture plans filed under section 24 the Federal Deposit Insurance Act (FDI contained in part 362 has been and part 362, the Board acted on 34 Act) limits the direct equity investments approved by the Office of Management applications to directly or indirectly of state chartered insured banks to and Budget under control number 3064– initiate or continue as principal an equity investments of a type and in an 0111 pursuant to section 3504(h) of the impermissible activity, approving 31 amount that are permissible for national Paperwork Reduction Act (44 U.S.C. applications. The Division of banks. In addition, the statute prohibits 3501 et seq.). Comments on the Supervision acted on a total of 1122 an insured state bank from directly, or collection of information should be applications and/or notices which indirectly through a subsidiary, directed to the Office of Information and consisted of the following: 388 requests engaging as principal in any activity Regulatory Affairs, Office of to directly or indirectly initiate or that is not permissible for a national continue as principal in an Management and Budget, Washington, bank unless the bank meets its capital D.C. 20503, Attention: Desk officer for impermissible activity; 460 notices requirements and the FDIC determines regarding grandfathered investments in the Federal Deposit Insurance that the activity will not pose a Corporation, with copies of such common or preferred stock or shares of significant risk to the deposit insurance an investment company (which comments to be sent to Steven F. Hanft, fund. Section 24 provides that the FDIC Office of the Executive Secretary, room includes plans for divestitures of the may make such determinations by excess investments in the products); 272 F–453, Federal Deposit Insurance regulation or order. The statute requires Corporation, 550 17th Street, NW, divestiture plans regarding that equity investments that do not impermissible equity investments and Washington, D.C. 20429. The collection conform to the new requirements must impermissible activities; and 2 requests of information in this amended be divested no later than December 19, to retain an equity investment in an regulation is found in § 362.4(c)(3)(vi) 1996 and requires that banks file certain insurance underwriting department. Of and § 362.4(c)(3)(vii) and takes the form notices with the FDIC concerning these filings, 5 applications were denied of a 60 day advance notice to be filed grandfathered investments. either in whole or in part. by an insured state bank that meets Part 362 of the FDIC’s regulations (12 Based on the agency’s experience certain requirements and intends to: (1) CFR part 362) implements the with the applications to date, the FDIC invest, indirectly through a majority- provisions of section 24 of the FDI Act. proposes to amend part 362 to substitute owned subsidiary, in real estate Among other things, part 362 sets out a notice procedure for prior approval by investment activities; and/or (2) application procedures whereby insured application in the case of real estate directly, or indirectly through a state banks may seek the FDIC’s consent investment, life insurance and annuity majority-owned subsidiary, invest in to engage in otherwise impermissible investment activities provided the banks insurance products or annuity contracts. activities. The FDIC may impose such meet certain conditions and restrictions. The information will allow the FDIC to conditions and restrictions on the Under the proposed amendment, if the properly discharge its responsibilities approval of any application as it deems FDIC does not object to the notice under section 24 of the Federal Deposit necessary to prevent the conduct of the within a maximum period of 90 days Insurance Corporation Act (12 U.S.C. activity from posing a significant risk to (60 days initial period plus 30 day 1831a). The information in the notices the deposit insurance fund. Part 362 optional extension), the bank may will be used by the FDIC to ensure also provides for certain exceptions proceed with its investment activity as compliance with the law, as part of the which allow adequately-capitalized planned. The agency’s experience to process of determining risk to the insured state banks to engage in named date with real estate, insurance and deposit insurance funds. activities without prior consent as the annuity investment activities is Notice to Indirectly Engage as Principal FDIC has determined that engaging in discussed below along with a discussion in Real Estate Investment Activities the activities in question does not of the risks associated with these types present a significant risk to the of investment activities. A detailed Number of Respondents: 250. insurance fund. Number of Responses Per discussion of the proposed notice Between 1992 and April 30, 1996, the provisions follows. Respondent: 1 FDIC acted on 1156 applications, Total Annual Responses: 250 Real Estate Investment Activities Hours Per Response: 6 notices and divestiture plans under Total Annual Burden Hours: 1,500 section 24 either by action of the Board The circumstances under which of Directors or by the Division of national banks may hold equity Notice to Directly or Indirectly Acquire Supervision pursuant to delegated investments in real estate are limited. If or Retain Life Insurance Products or authority. The majority of the filings a particular real estate investment is Annuity Contracts were notices and divestiture plans. The permissible for a national bank, a state Number of Respondents: 60. applications submitted for Board action bank only needs to document that Number of Responses Per have for the most part involved indirect determination. If a particular real estate Respondent: 1. equity interests in real estate (i.e. a investment is not permissible for a Total Annual Responses: 60. majority-owned subsidiary holds or national bank and a state bank wants to 43488 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules engage in real estate investment after December 19, 1996. Of the investment periods are typically long- activities (or continue to hold the real approved applications, 6 were to term; real estate is relatively lacking in estate investment in the case of conduct new real estate investment liquidity; and real estate is subject to investments acquired before enactment activities, while 54 were submitted to specialized risks such as environmental of section 24 of the FDI Act), the bank continue holding existing real estate or liability. The experience and expertise must file an application with FDIC for to hold existing real estate after of management is a critical factor, and consent. The FDIC may approve such December 19, 1996 in order to pursue an there is much anecdotal evidence to applications if the investment is made orderly liquidation. The remaining 3 suggest that the lack of adequate through a majority-owned subsidiary, approved applications asked for consent management creates a significant level the institution is well capitalized and to continue existing holdings and of risk of loss. the FDIC determines that the activity conduct new real estate activities. One Due to the higher risk evident in real does not pose a significant risk to the application was partially approved and estate investments relative to more deposit insurance fund. partially denied. This application traditional banking activities, federally- The FDIC approved 63 of 66 involved a bank that applied for consent chartered banks traditionally have been applications from December 1992 to continue direct real estate activities prohibited from acquiring or holding through April 30, 1996 involving real and consent to continue indirect real real estate solely for investment estate investment activities. The FDIC estate investment activities through a purposes. (Real estate investment denied one application, approved one in subsidiary. The FDIC approved the activities remain permissible activities part, and one bank withdrew its application to continue the real estate for subsidiaries of federally-chartered application. The real estate investment investment activity through the thrift institutions.) State-chartered banks applications generally have fallen into subsidiary and denied the application also were allowed to engage in real three categories: (1) Requests for consent for the bank to engage directly in real estate investment activities, if permitted to hold real estate at the subsidiary level estate investment activities. by state law, without application to the while liquidating the property where In connection with the review of the FDIC until FDICIA required state- the bank expects that liquidation will be above described applications, the FDIC chartered banks and their subsidiaries to completed later than December 19, undertook to determine what risk, if obtain permission from the FDIC to 1996; (2) requests for consent to any, real estate investments pose to engage in activities, including real estate continue to engage in real estate banks and ultimately to the deposit investment activities, that are otherwise investment activity in a subsidiary, insurance funds. After reviewing, not permissible for national banks or where such activities were initiated among other things, whether and to subsidiaries of national banks. prior to enactment of section 24 of the what extent real estate investments have The function of an equity investor is FDI Act; and (3) requests for consent to played a role in the failure of to bear the economic risks of the initiate for the first time real estate institutions, the FDIC determined that venture. Economic risk is traditionally investment activities through a majority- real estate investments can pose defined as the variability of returns on owned subsidiary. significant risks, and that if such an investment. If a single investor The approved applications have activities are to be permitted, prudential undertakes a project alone, all the risk involved investments which have constraints should be imposed to is borne by the investor. If investors ranged from less than 1% to over 70% control the various risks posed to both participate in an investment through a of the bank’s Tier 1 capital. The majority a financial institution and the deposit vehicle such as corporate stock of the investments, however, involved insurance fund. The results of that ownership, that stock grants its holders investments of less than 10% of Tier 1 review are summarized below. pro rata participation in control of that capital with only four applications corporation, and in its profits and involving investments exceeding 25% of Risks of Real Estate Investment losses. If that corporation is liquidated, Tier 1 capital. The applications filed Activities the investor has a residual interest in with the FDIC have involved a range of Investments in real estate, at any stage any unencumbered assets. real estate investments including of the development process, or even An investor typically will have a holding residential properties, completed properties, generally can be required rate of return based on the commercial properties, raw land, the characterized as risky in that there is a historical track record of a particular development of both residential and high degree of variability or uncertainty company and/or type of investment commercial properties, and leasing of of returns on invested funds. The project. Market participants face a previously improved property. The cyclical downturn in the real estate general trade-off: The riskier the project, applications FDIC approved included 21 market in the late 1980s and early the higher the required rate of return. A residential properties, 29 commercial 1990s, and the impact of that downturn key aspect of that trade-off is the notion properties and 13 applications covering on financial institutions, provides an that a riskier project will entail a higher a mix of commercial and residential illustration of the market risk presented probability of significant losses for the properties. The assets of the institutions by real estate investment activities. In investor. Assessments of the degree of that submitted approved applications addition to the high degree of risk will depend on factors affecting ranged from $15 million to $6.7 billion. variability, real estate investments future returns such as cyclical economic The institutions which have been possess many risks that, while not developments, technological advances, approved to continue or commence new entirely unique, are not readily structural market changes, and the real estate investment activity primarily comparable to typical equity project’s sensitivity to financial market have had composite ratings of 1 or 2 investments (e.g. common stock). Real changes. ratings under the Uniform Financial estate markets are, for the most part, The actual return on an investment, Institution Rating System (UFIRS). localized; investments are normally not however, will depend on developments However, 2 institutions were rated 3 securitized; financial information flow beyond the investor’s control. If the and 2 institutions were rated 4. The 4- is often poor; and the market is actual return is higher than the expected rated institutions submitted generally not very liquid. rate, the investor benefits. If the project applications to continue an orderly Real estate investment activities can falls short of expected returns, the divestiture of real estate investments increase interest rate risk; optimum investor suffers. At the extreme, an Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43489 investor can lose all or some of the The fact that most commercial real sale or rental contract can affect the original investment. estate investments are highly leveraged value of the underlying investments. Investments in real estate ventures also affects overall market volatility. For In addition to the inherent illiquidity follow this pattern. In fact, equity instance, high interest rates will lower of commercial real estate markets, investments in commercial real estate the expected rate of return for highly transactions often are ‘‘private deals’’ in have long been considered fairly risky leveraged investments which will, in which the major parameters of the because of the uncertainties in the turn, lower effective demand. Thus, investment are not available to the income stream they generate. Both prices offered for commercial real estate public in general and, in particular, to commercial and residential real estate during periods of high interest rates rival developers. For instance, the costs markets in the post- World War II period typically are lowered. For example, to of construction are a private transaction have been marked by large cyclical the extent that there was a ‘‘credit between the developer and his swings. Two of those cyclical periods crunch’’ for commercial real estate in contractor. Likewise, gauging selling (the mid-1970s and the late 1980s the early 1990s and lenders were prices or rental income is difficult since: through early 1990s) involved massive unwilling to extend credit, diminished (1) There are no statistical data on overbuilding of commercial projects. effective demand for a property could transaction prices available as there are That overbuilding resulted in sharp have resulted in the elimination of a for single-family structures and (2) even declines in commercial property prices broad class of potential investors, rather if there were data available, it would be and serious losses to many investors. than simply a lower price being bid. impossible to account for the many The historical performance of the The economic viability of any creative financing techniques involved industry clearly demonstrates investment in real estate ultimately in commercial sales and in rental considerable risk for investors. depends on the economic demand for agreements (e.g., tenant improvements If an investment is made solely using the services it provides. Thus, and rent discounting). Because of imperfect market the funds of an investor, the investor fluctuations in the economy in general information and the length of the bears all the risk. However, if the project are translated into uncertainties in the underlying economics of most real production process, prices of existing is partially financed by debt, the risks estate investments. National economic structures are often artificially bid up in are shared with the lender. Nonetheless, trends, regional developments, and even market upswings. That is, short-term the equity investor typically still bears local economic developments will affect shortages fuel speculative price the bulk of the variation in the risk and the volatility of returns. A traditional increases. Speculative price increases rewards of an investment. As a rule, the problem for real estate investors in that (whether it be for raw land, developed lender is compensated at an agreed regard is that, when the economy as a construction sites, or completed amount (or formula in the case of a whole reaches capacity during an buildings) typically encourage even variable rate loan). The lender is paid— economic expansion, they are one of the more construction to take place, leading both interest and principal—before the sectors seriously affected by the to additional future overbuilding equity investor/borrower receives any resulting run-up in interest rates. relative to underlying demand. rewards or return of investment. Thus, Much of the uncertainty associated In addition to the inherent cyclicality any downside outcome is borne first by with real estate investment, however, of real estate markets, several the equity investor. In properly comes from the nature of the production underlying factors create additional underwritten loan arrangements the itself—how new supply is brought to uncertainties in the investment process. lender bears the economic risk of market. Investments in the construction Changes in tax laws will affect the significant losses only in the case of of real estate typically have a long profitability of real estate investments. significant negative outcomes. Since the gestation period; this long planning For example, tax changes were a major legal priority of the debt holder is higher period is especially characteristic of consideration in the 1980s, but changes in a liquidation or bankruptcy than that large commercial development projects. in depreciation allowances and in tax of the equity holder, the debt holders Given the traditional cyclicality of the rates have been commonplace in the are hurt if the investment entity has economy and financial markets, the post-World War II era. very limited resources. Of course, the economic prospects for an investment Another uncertainty is the effect of borrower/equity investor receives all of can change radically during that period, other governmental actions, especially the up-side potential returns from the altering timing and terms of in the area of regulations. A prime investment. transactions. example is Federal mandates requiring While a leveraged investor has less of Moreover, real estate investors also clean-up of existing environmental his/her own funds at stake, the use of typically have trouble getting full hazards that imposed unexpected costs borrowed funds to finance an information on current market on investors at the time they were investment greatly magnifies the conditions. Unlike highly organized passed. Similar uncertainties result from variability of the returns to the equity markets where participants can easily state and local laws that effect real investor. That is to say, leverage obtain data on market developments estate and how it can be developed. For increases the risks involved. For such as price and supply instance, changes in environmental instance, a small decline in income in considerations, information in the restrictions of new construction can add an unleveraged investment may only commercial real estate market is often unexpected costs to a project or even bar mean less positive returns; to the difficult, or impossible, to obtain. Also its intended use. Similarly, a zoning leveraged investor, it may mean out of inherent in the investment process for change can positively or negatively pocket losses, as debt service may have commercial real estate is the fact that affect investment prospects already absorbed any income generated the market is relatively illiquid— unexpectedly. All of these factors add to by the project. Conversely, a small particularly for very large projects. the uncertainty of returns and thereby increase in generated income may just Thus, instead of having numerous increase the risk of the investment. moderately increase the rate of return on frequent transactions that incorporate Two other considerations often play an all equity investment but have a the latest market information and ensure into increasing risks in real estate major positive effect on the highly that prices reflect true economic value, investment. First, the efficient execution leveraged investor. markets can be thin and the timing of a of a real estate investment usually 43490 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules requires a ‘‘hands on’’ approach by an investment or debt instrument—the purchase of real estate from the experienced manager. This level of equity investor is separated from the subsidiary and the extending of credit involvement is especially true of a day-to-day economic and financial by the bank to third parties for the construction project where developers decisions affecting the prospects for the purpose of acquiring real estate from its have to deal with a wide variety of venture. subsidiary to determine if they prevent problems ranging from governmental undesirable tying relationships and to Conditions Imposed in Connection With approvals to sub-contractors and determine if they are adequate to ensure Approvals of Real Estate Applications changing commodity markets. For an that sound credit underwriting is investment in developed real estate, In view of the risks identified with maintained. Finally, the FDIC has maintenance problems, replacing lost real estate investment activities, the reviewed and evaluated management’s tenants, and adjusting rents to retain statutory requirement that approval particular expertise relative to the tenants all must be addressed in an should not be granted unless the FDIC activities in question. environment of ever changing market determines that the activity does not In every instance in which the FDIC conditions. pose a significant risk to the fund, and has approved an application to conduct Many equity investors solve these the FDIC’s loss experience relating to a real estate investment activity a problems by ‘‘hiring’’ someone else to institutions that failed either partly or number of conditions have been manage the investment. The experience principally because of real estate imposed for prudential reasons due to of the 1980s shows that there are investment activity, staff determined the unpredictability of returns and other specific risks involved in separating that a number of prudential constraints risks which are inherent in real estate ownership from management. For may be necessary to control the risk to investment activities as well as to instance, many tax-oriented investors in the individual bank and to the deposit mitigate potential insider conflicts of the early 1980s arguably knew little insurance fund before concluding that interest and to reduce risk to the about the basic economics of the real estate investment activities do not insurance fund. In short, the FDIC has investments they were undertaking. In a present a significant risk to the fund. determined on a case-by-case basis that perfect world, ‘‘passive’’ investment To date the FDIC has evaluated a the conduct of certain real estate would work just as efficiently as direct, number of factors when acting on investment activities by a majority- active investment. In reality, investment applications for consent to engage in owned subsidiary of an insured state outcomes are likely to be more real estate investment activities. Where bank will not present a significant risk uncertain for equity investors when appropriate, the FDIC has fashioned to the deposit insurance fund provided someone else is making decisions that conditions designed to address potential certain conditions are observed. The affect the ultimate return. risks that have been identified in the conditions which have been imposed as Finally, an issue that plays into long- context of a given application. In well as the purpose intended to be run risks in real estate investment is the evaluating an equity real estate achieved by imposing the conditions are fact that real estate markets—especially investment activity application the FDIC discussed below. Not every condition commercial real estate markets—are has usually considered the type of has been imposed in connection with affected by both national and local proposed real estate investment activity each approval. The conditions have developments. Even if knowledge were to determine if the activity is unsuitable been imposed on a case-by-case basis in more widespread within local real estate for an insured depository institution. light of the particular facts. markets, it is difficult to track all the The FDIC also has reviewed the relevant parameters of the investment proposed subsidiary structure and its Capital decision geographically. Most management policies and practices to Most of the approval orders have a commercial real estate investments have determine if a bank is adequately condition concerning capital. Often the both a local and national component protected from litigation risk and statutory requirement to meet and because firms demanding commercial analyzed capital adequacy to ensure that maintain adequate capital is restated. In floor space are typically geographically a bank first devotes sufficient capital to some instances, banks applying to mobile. For example, the developer of its more traditional banking activities. conduct real estate investment activities an industrial park would have to be In conjunction with this evaluation, the that entail more inherent risk, such as concerned about how existing and FDIC has evaluated capital adequacy undertaking a development project, future developments located in close with respect to a bank’s ‘‘consolidated’’ have been required to maintain capital proximity to the project might affect the and ‘‘bank only’’ leverage and risk-based that equals or exceeds the level required returns on the investment. However, capital ratios. In doing so, the FDIC for ‘‘well capitalized’’ institutions as operating income and the ability to excluded all investments in real estate defined in Part 325 after deducting the attract and keep tenants also can be investment subsidiaries from capital in bank’s investment in any subsidiaries affected by market conditions around the ‘‘bank only’’ capital calculation. The engaged in real estate investment the country. FDIC has evaluated limitations on activities. The capital deduction has not A financial institution—like any other investment in a subsidiary engaging in been imposed in most approvals of investor—faces substantial risks when it real estate investment activities to applications when the bank is takes an equity position in a real estate assure that the maximum risk exposure liquidating existing real estate venture. If the investment were a direct, is nominal; evaluated policies relating investments. Indirect real estate all-equity venture, the institution would to extensions of credit to third parties investment activities for purposes of the bear all of the substantial economic for subsidiary-related transactions to orders typically has been defined to risks in this highly-cyclical industry. If determine if they protect the bank from include equity interests in the real estate the entity making the investment is concentrations of risk; and reviewed subsidiary, debt obligations of the highly leveraged, a completely new set policies on engaging in transactions in subsidiary held by the bank, bank of financial risks are incurred. A poor which insiders are involved to guarantees of debt obligations issued by investment outcome can quickly wipe determine if they protect the bank from the subsidiary, and extensions of credit out the leveraged equity investment. potential insider abuse. In addition, the or commitments of credit to any third Finally, the risks also can easily be FDIC has reviewed policies relating to party for the purpose of making a direct magnified if—because of the form of the conditioning of loans on the investment in the subsidiary or making Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43491 an investment in any investment in also generally requires that affiliates not conditions comparable to those which the subsidiary has an interest. purchase as fiduciary any securities or available to or from independent The purpose of requiring the bank to be other assets from any affiliate unless entities; and conducts business well-capitalized on a bank-only basis is such purchase is permitted under the pursuant to separate policies and to ensure the continued viability of the instrument creating the fiduciary procedures designed to inform bank, if the investment in the subsidiary relationship, by court order or by law. customers and prospective customers of were to be lost. Such a calculation In addition, section 23B prohibits the subsidiary that it is a separate serves as an ‘‘acid test’’ of the worst-case affiliates from publishing any organization from the bank, including impact a real estate investment activity advertisement or entering into any the placement of specific language on would have on an institution’s capital agreement stating or suggesting that the any debt instrument or contract with a position in the event that an bank is in any way responsible for the third party disclosing that the bank institution’s entire real estate-related obligations of its affiliates. itself is not responsible for payment or investment were to be dissipated. FDIC has imposed the above performance. The FDIC has recognized In instances in which the capital restrictions to keep the transactions that requiring total separation of the deduction has been imposed the bank between the bank and the real estate management of the subsidiary from the has been required to take the deduction investment subsidiary at arm’s length bank’s management could enhance the for call report purposes including for and to limit the bank’s investment in the corporate separateness of the subsidiary. purposes of prompt corrective action subsidiary. In instances in which an However, in keeping with the FDIC’s and risk based premiums, except that application has involved continuing review and analysis of the downside the deduction is not taken when investment in a subsidiary that at the risks real estate investments pose when determining whether the bank is time of application exceeds these limits, separating ownership from critically under-capitalized. the FDIC has usually modified the management, the Board typically has limitation to allow the excess Transactions with Affiliates required only a minimum of one investment while imposing the amount independent director. In addition, FDIC Another condition that FDIC limits on future transactions. The FDIC has considered the presence of one or frequently has imposed requires that often has made an exception for the more outside directors to be a helpful transactions between a bank and its real collateral and amount limitations deterrent to potential insider abuse, an estate subsidiary comply with the imposed on loans from the bank to enhancement to diversity and expertise restrictions that would apply under facilitate the sale of the real estate and an opportunity to augment sections 23A and 23B of the Federal investments held by the subsidiary, decision-making with a Reserve Act (12 U.S.C. 371c and 371c– provided that the loans are consistent counterbalancing perspective. 1) as between a bank and its affiliate. with safe and sound banking practices, Among other things, section 23A do not present more than the normal Investment Limits requires that a bank limit its covered degree of risk of repayment, and the In order to maintain proper transactions with affiliates to no more credit is extended on terms and under diversification and to effectively control than 10% of the bank’s capital for one circumstances, including credit the concentration of credit and affiliate and 20% of its capital for all standards, that are substantially the investment risk, FDIC has required affiliates. For the purposes of 23A, same, or at least as favorable to the bank banks to identify and aggregate loans capital and surplus is defined as Tier 1 as those prevailing at the time for and Tier 2 capital included in an comparable transactions. made to third parties for the purpose of institution’s risk-based capital under the investment in real estate held by the capital guidelines of the appropriate Real Estate Subsidiary Structure and bank’s subsidiary with the bank’s own Federal banking agency, based on the Operations real estate investment activities and institution’s most recent consolidated There are numerous benefits which included that figure in the bank’s Report of Condition and Income filed flow from ensuring that a parent and its investment in the real estate subsidiary. under 12 U.S.C. 1817(a)(3) and the subsidiary maintain a separate corporate Generally, the FDIC has limited the balance of an institution’s allowance for existence. Such separation insulates amount of real estate investment activity loan and lease losses not included in its banks and the deposit insurance fund to the amount contemplated in the Tier 2 capital for purposes of the from undue risk and potential liability business plan submitted with the calculation of risk-based capital by the stemming from litigation. To protect application and requires the bank to appropriate Federal banking agency. against ‘‘piercing the corporate veil’’ notify the FDIC in the event of any The effect of the section 23A restrictions between the subsidiary and parent, thus significant change in facts or is to also prohibit the bank and its mitigating litigation risks, the FDIC circumstances. This condition is subsidiary from purchasing low-quality usually has required that the bank designed to limit the exposure from the assets from each other unless a conduct real estate investment activities real estate investment activity and allow commitment was made to purchase the in a majority-owned subsidiary which is the FDIC to evaluate any additional real asset before its acquisition by the adequately capitalized; is physically estate investment activity when affiliate, pursuant to an independent separate and distinct in its operations contemplated by the bank. credit evaluation. from the operations of the bank; Lending to Third Parties Section 23B generally requires that maintains separate accounting and other covered transactions between a bank corporate records; observes corporate The FDIC has conditioned approvals and its affiliate (including the purchase formalities such as holding separate of applications to conduct real estate of services or assets from an affiliate board of directors’ meetings; maintains investment activity by including limits under contract) are entered into under a board of directors with one or more on the extension of credit to third terms that are substantially the same, or independent, knowledgeable outside parties for a direct investment in a bank at least as favorable to the bank as those directors and management expertise subsidiary engaged in real estate prevailing at the time for comparable capable of conducting activities in a safe investment activity to further limit the transactions with or involving other and sound manner; contracts with the exposure of the state bank to real estate nonaffiliated companies. Section 23B bank for any service on terms and investment. 43492 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

Insiders The circular indicates that the OCC has expected to be paid out to employees or Limiting buying and selling by bank further delineated the scope of that their beneficiaries. insiders also has been imposed as a authority through regulations, It is well established that certain types condition to the approval of interpretive rulings, and letters of insurance products are actually applications to conduct real estate addressing the use of life insurance for ‘‘securities’’ under the Federal securities investment activity. These conditions purposes incidental to banking. laws. Certain life insurance policies— generally require that the bank’s Although the circular leaves open the common names include universal life or variable life—are ‘‘securities.’’ Banks subsidiary not be permitted to engage possibility that there may be other uses may have to hold these investments directly or indirectly with insiders in of life insurance that are ‘‘incidental to through a subsidiary, rather than transactions involving the subsidiary’s banking’’ (the circular says the purposes directly. If the life insurance policy in real estate investment activities without ‘‘include’’ those described in the question is considered to be a security, the prior written consent of the FDIC. circular), the circular clearly indicates and it does not qualify under either Test These restrictions are in addition to the that there is no authority under 12 A or Test B of OCC BC 249, then the life constraints on lending to insiders U.S.C. 24 (seventh) for national banks to purchase life insurance for their own insurance policy must be held through imposed by Regulation O (12 CFR account as an investment. If an insured a subsidiary of the bank as required 337.3). The bank is expected to identify state bank wishes to purchase an under section 24 and part 362. conflicts of interest and their resolution insurance product that does not meet by the Board should be documented. Risks Associated With Life Insurance the guidelines contained in BC 249, that Investments Fiduciary and Trust Restrictions purchase is considered to be an activity A bank holding a life insurance In order to maintain safe and sound that is not permissible for a national bank within the meaning of part 362. contract as an investment is exposed to underwriting standards, to reduce or a variety of risks, most of which are preclude the potential for breaches of The purchase by the state bank would therefore not be permissible unless the similar in nature to the types of risks fiduciary duties, and to protect the bank banks are exposed to on both sides of and the deposit insurance fund, FDIC bank meets its minimum capital requirements and the FDIC determines the balance sheet: credit risks, liquidity has imposed one or more of the risks, and interest rate risks. In addition, following conditions: (1) That the bank that there is no significant risk to the deposit insurance funds. Under current there is actuarial risk inherent in not condition any loan on the purchase holding a life insurance policy that or rental of real estate from any regulations the bank must make application for consent to make or retain exposes banks to different risks than are subsidiary engaged in real estate usual in the banking industry. Unless investment activities; and (2) that the the investment and the FDIC then makes a determination based on the facts and the issuing company becomes insolvent, bank not purchase real estate from the a life insurance policy investment gives subsidiary in its capacity as a trustee for circumstances of the particular case. The BC 249 provides two tests for a bank the potential for low returns over any trust, unless expressly authorized national banks to use in determining the life of the investment, rather than by the trust instrument, court order, or whether they may legally purchase a loss of principal. state law. particular insurance product. Test A Banks purchase various forms of life On occasion, FDIC has imposed a relates to key-person life insurance. insurance contracts as either key-person condition that any potential conflict of Under Test A the insurance coverage protection for the bank or as a interest be identified, appropriately must closely approximate the risk of compensation benefit for the employee. resolved, if possible, and approved by loss. Test B relates to life insurance as In certain instances, the policies provide the bank’s board of directors prior to the an employee benefit and provides that, a benefit to executive officers who are consummation of any transaction. This based upon reasonable actuarial benefit also majority stockholders in the form of condition is considered a reasonable and financial assumptions, the present an estate planning tool. Many of these approach to avoiding the risk of loss value of the projected cash flow from policies require large single premiums from conflicts of interest while the policy (insurance proceeds) must or periodic premiums of a substantial providing the bank with flexibility in not substantially exceed the present amount. These premiums may result in resolving any such issue. value of the projected cost of the the build-up of significant cash Life Insurance Investments associated compensation or benefit surrender or investment values that cannot be easily liquidated without The Office of the Comptroller of the program (employee benefits). Insurance as an estate planning benefit is adverse tax consequences. Currency (OCC) has established certain Since life insurance products general guidelines for national banks to specifically recognized, but only as part of a reasonable compensation agreement represent an unsecured obligation of the use in determining whether they may issuing company, there is some credit legally purchase a particular insurance or benefit plan. Insurance proceeds include projected risk involved in these products. As the product. These guidelines are contained death benefits, loans against the policy companies are regulated by state in an OCC Banking Circular (BC 249), before the death of the insured to fund insurance commissioners without any issued May 9, 1991. That circular retirement payments, and any other federal regulatory oversight, there will indicates that the authority for national withdrawals by the bank. The projected be some variation in the strictness of the banks to purchase and hold an interest cost of employee benefits includes the regulatory regimes from state to state. If in life insurance is found in 12 U.S.C. bank’s actual cost associated with the a state insurance commissioner declares section 24 (seventh) which permits insurance policy (the periodic mortality a firm to be insolvent, the holders may national banks to exercise all such charges, loads, surrender charges, receive payments from (1) other incidental powers as shall be necessary administrative charges and other fees insurance companies (the industry has, 1 to carry on the business of banking. that are expected to be assessed against in some past events, supported the the policy’s cash surrender value during policies of failed firms in order to 1 In one instance the circular cites to 12 U.S.C. section 24 (fifth) which authorizes national banks the term of the policy) plus the promote investor confidence.); (2) to elect or appoint directors and to employ bank projected amount of any retirement or liquidation of the issuer’s assets and officials. other deferred benefit payments that are sale of the firm; (3) lawsuits; and/or (4) Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43493 state insurance funds. The existence, return, the illiquid nature of the Banks generally do not pay federal structure, and coverage provided by investment, the potential for substantial income taxes on the increases in the these funds varies, however, they tax obligations, and concentration of cash value of an insurance policy as typically are not pre-funded and may investment risk. long as the bank holds the policy until ultimately be unable to provide the The FDIC scrutinizes bank purchases the death of the insured. As a result, required support. of life insurance for three particular banks that intend to hold the policy Unlike other types of investments, no potential violations other than section until the insured’s death normally do secondary market for insurance 24. Where a bank purchases split-dollar not record any deferred tax liability for products exists, making some liquidity insurance to provide a fringe benefit to accounting purposes. However, should risk inherent in these investments. an executive officer of a bank, the the bank surrender the policy prior to Cashing out the policy can be costly executive must either reimburse the the insured’s death, the bank would because of the tax consequences. The bank or report as additional taxable incur taxable income if the cash value illiquidity of the policies may be income the economic value of the received exceeded the amount of mitigated by two factors: (1) Many benefits (as determined by the IRS). premium paid. The cash value build-up policies have provisions that permit the Otherwise, a violation of Federal over time could result in sizable income holder of the policy to borrow against Reserve Board Regulation O may occur taxes should the policy be surrendered the current cash value at a minimal (12 CFR part 215). early. interest rate, and (2) a bank moving When a bank’s holding company or Due to the liquidity, credit, and tax toward insolvency holding an insurance other affiliate is a beneficiary of a life considerations, unduly large policy will probably be able to offset insurance policy purchased by a bank, concentrations in investments in life other losses with the taxable income the holding company must pay for its insurance policies could result if a bank that is realized by cashing out the beneficial share of the premiums and does not adopt prudent constraints on policy. periodic costs of the policy in order to the amount of its exposures. The interest rate risks inherent in an comply with sections 23A and 23B of Life Insurance Applications insurance policy will vary with each the Federal Reserve Act (12 U.S.C. 371c As of June 4, 1996, the FDIC had acted insurance contract. The build-up of cash and 371c–1). If, net of such upon 106 applications by insured state value depends on the performance of reimbursements, the present value of banks for consent to continue to hold the underlying investment portfolio. projected insurance proceeds Individual portfolios often have investments in life insurance policies. substantially exceeds the present value different interest rate risk 101 of these applications involved of employee benefits, the insurance characteristics. Insurance companies policies acquired prior the effective date arrangement will fail to meet the BC 249 may write whole life policies with a of the activities restrictions of section 24 standards. single interest rate applied to the cash of the FDI Act (December 19, 1992). For those insurance arrangements that buildup, making the interest rate risk Four banks had policies that were will provide compensation or other very high. Other policies may give the acquired after December 19, 1992, and benefits to employees or their insurance company flexibility in one bank had a combination of policies determining the applicable future beneficiaries, the amount of such acquired before and after the effective interest rates. These policies present expected benefits must be quantified date. Of the 106 applications, almost actuarial risks because the maturity date and not exceed reasonable two thirds (67) of the institutions were of an insurance policy held until the compensation levels when combined operating with a UFIRS composite death benefit is paid is unknown at the with other forms of compensation rating of 2. Thirty (30) applications were time the investor purchases the policy. provided to those employees. Section 39 from institutions that had composite Prior to the death of the insured party, of the FDI Act prohibits excessive ratings of 1, seven with a rating of 3, and comparing the investment returns compensation as an unsafe or unsound two had a UFIRS composite rating of 4. 2 provided by such a policy with act. None were 5 rated. alternative investments requires the The propriety of investing large sums The insurance policies held by any calculation of an actuarial estimate of in a policy that, over time, may provide one bank ranged from less than 1.0% of the life expectancy of the insured party. a less than adequate rate of return is a Tier 1 capital to 52% of Tier 1 capital. Should the insured die prior to his/her consideration. However, these assets Over ninety percent (88 of 106) of the estimated life expectancy, the should be viewed in the context of the banks held investments totaling less beneficiary reaps an investment bank’s overall asset and liability than 30% of Tier 1 capital. However, 63 windfall. However, if the insured’s life structure and not viewed in isolation to of the 106 applications involved an exceeds the actuarially determined life determine if they pose a significant risk aggregate investment that did not expectancy, the ultimate performance of to the fund. exceed 20% of Tier 1 capital with the the investment will suffer (relative to Supervisory concern may exist over majority (45 of 63) of those investments the returns that would have been the long-term, illiquid nature of those representing less than 10% of Tier 1 realized from alternative investments insurance policies that cannot capital. undertaken at the time). Insurance realistically be liquidated at the option All of the applications were approved. companies control the variance of of the bank without incurring sizeable The actions were taken either by the results by applying actuarial principles surrender charges and adverse tax FDIC Board of Directors or by the to large populations of insured consequences. Liquidity should not be Director of the Division of Supervision individuals. A bank holding policies on judged in isolation from other assets of pursuant to delegated authority. a handful of former employees cannot the bank. Liquidity concerns may be The FDIC required all of the banks control the variability of the returns. mitigated if the bank has the ability to receiving approval to adhere to specific Various supervisory concerns can borrow against the policies without conditions deemed necessary to limit arise when banks invest in insurance incurring adverse tax consequences or the risk to the banks and thus the policies. These concerns include surrender charges. insurance fund. Among the conditions potential violations of laws and were: (1) that the bank continue to meet regulations, a less than adequate rate of 2 12 U.S.C. 1831p–1(c). applicable capital standards, (2) that the 43494 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules bank shall notify the FDIC of any a specified later date or on a specified order to determine if they pose a significant changes in the facts or schedule. Some annuities provide that significant risk to the fund. circumstances on which the approval the investor may select a lifetime Because of the illiquid nature of long- was based, (3) that the bank may not payout, which provides a fixed income term annuity contracts, banks often find modify the terms or conditions of the until the death of the annuitant. it difficult to liquidate the contracts policies (except for redemption of same) However, unlike a bank certificate of without incurring sizeable surrender without the prior written consent of the deposit, an annuity is uninsured, charges. The illiquid nature of the FDIC, (4) that the bank may not acquire creating credit risk. An investor is not assets, however, should be viewed from any additional life insurance policies subject to the risk of loss of principal an overall impact on the bank in without prior written consent of the through market fluctuations, but the conjunction with other assets of the FDIC, (5) that the bank must reduce the investor has credit risk based on the bank. Liquidity concerns may also be cash surrender value of the policies, (6) solvency of the issuing entity. mitigated if banks have the ability to that the bank must receive approval of The lack of a secondary market for borrow against the contracts without its applicable state authority, (7) that the annuities gives rise to liquidity risk. incurring adverse surrender charges or bank may not pay additional annual Such investments are generally long adverse tax consequences. Due to the premiums without consent of the FDIC, term, subject to varying early liquidity and credit risks, unduly large and (8) that the timing and amounts of withdrawal penalties and early concentrations in investments in the holding company’s proportionate redemption may cause a loss of tax annuity contracts could result if a bank share of overall insurance costs will be deferral advantages. does not adopt prudent constraints on made in a manner which will preclude Interest rate risk arises from fixed rate the amount of its exposures. any violations of section 23A or 23B of annuities, particularly in light of the Approved Annuity Applications the Federal Reserve Act. Some or all of long term nature of these contracts. As of June 4, 1996, the FDIC has acted these conditions were imposed where Most insurance companies offer variable upon 2 annuity applications. These the facts warranted the imposition of the rate arrangements to mitigate interest actions, all approvals, were taken by the particular condition in order to protect rate risk. However, the issuing company the deposit insurance fund from risk. Board of Directors. The actions were generally determines interest rates on contingent upon conformance to Annuity Contracts variable rate contracts and may not use specific conditions deemed necessary to a common index. For this reason, future Interpretative guidance issued by the limit the risk to the bank. Those yields are uncertain and likely to be OCC states that national banks are not conditions addressed concerns the FDIC lower than other available types of permitted to invest in annuities for their Board of Directors had relative to these investments. However, interest rate own account. If an insured state bank products. floors may mitigate this risk. We see the wishes to purchase an annuity contract, Description of Proposed Exceptions the purchase is considered an activity same interest rate structure in certain that is not permissible for a national types of life insurance policies wherein As stated earlier, the FDIC is bank and section 24 of the FDI Act the return is dependent on an interest proposing to amend part 362 to provide applies. The purchase by the state bank payment calculated on the cash a notice process for certain insured state would therefore not be permissible surrender value of the policy. banks proposing to invest in or retain unless the bank meets it minimum Various supervisory concerns similar real estate or life insurance and annuity capital requirements and the FDIC to those associated with investments in contracts. Currently all insured state determines that there is no significant insurance policies arise when banks banks wishing to indirectly retain or risk to the deposit insurance funds. invest in annuity contracts. They acquire impermissible real estate As noted above, certain types of life include potential violations of laws and investments, or directly or indirectly insurance policies and annuity contracts regulations, less than adequate rate of invest in nonconforming life insurance are considered to be ‘‘securities’’ under return, the illiquidity of the and annuity contracts, must apply to the the federal securities laws. If the investments, and concentration of FDIC for approval under section 24 of annuity contract in question is investment risks. For those annuities the FDIA and part 362. As detailed considered to be a security, and this that will provide compensation or other above, the FDIC Board has had a would apply to variable rate annuity benefits to employees or their significant amount of experience with contracts, it must be held through a beneficiaries, the amount of such both types of applications and has subsidiary of the bank as required under expected benefits must be quantified concluded that it is possible for an section 24 and part 362. Fixed rate and not exceed reasonable insured state bank to engage in such annuity contracts are considered to be compensation levels when combined activities without posing a significant insurance products and may be held with other forms of compensation risk to the deposit insurance fund. The directly by the bank. provided to those employees. As stated FDIC recognizes that the application A bank holding annuity contracts in earlier, section 39 of the FDI Act process can be costly and time connection with a deferred prohibits excessive compensation as an consuming for insured state banks. compensation plan is exposed to a unsafe or unsound act.3 Based on the Board’s experience and the variety of risks, most of which are A less than adequate rate of return is goal of relieving regulatory burden on similar in nature to the types of risks also a concern such that the propriety of insured state banks, the FDIC is banks are exposed when investing in investing large sums in an annuity proposing to amend its regulations to life insurance policies: credit risks, contract or numerous contracts is also a permit certain highly rated banks to liquidity risks, and interest rate risks. consideration. However, as with engage in such activities under certain Annuity contracts are similar to insurance products, annuity contracts circumstances without the need for an certificates of deposit in that the should be viewed in the context of the application. The proposed exceptions investor places money with an bank’s overall asset and liability would be added to the list of activities institution, such as an insurance structure and not viewed in isolation in found in § 362.4(c)(3) which the FDIC company, in the expectation of the has found do not present a significant return of the investment plus earnings at 3 12 U.S.C. 1831p–1(c). risk to the deposit insurance fund. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43495

The FDIC proposes to permit certain FDIC regional offices could also issue to may apply to the appropriate FDIC highly rated insured state banks to file a bank a letter of objection before the regional office for relief (provided the notices 60 days prior to making an end of the 60 day review period. A letter bank meets the eligibility requirements) indirect investment in real estate or a of objection would mean that the FDIC by submitting a notice as required by direct or indirect investment in life regional offices have determined that the regulation and attaching a copy of insurance or annuity contracts. The either the insured state bank does not the FDIC order which they are seeking procedures for filing, review and action qualify for notice processing or that the to have rescinded. The terms of the on both types of notices are the same, activity raises legal or policy concerns FDIC order would remain in effect however, there are certain conditions given the particular circumstances. If pending completion of the notice which insured state banks must meet in the regional offices determine that the process. order to be eligible for the notice bank does not meet the eligibility processing. The conditions in the case requirements or raises legal or policy Pending Applications of real estate investments are more concerns, the notice can be converted at If the proposal is adopted, insured numerous and detailed than the the bank’s option into an application state banks which have pending real conditions in the case of life insurance and be processed in accordance with estate or life insurance and annuity and annuity contract investments. For other provisions of part 362. investment applications and which instance, banks wishing to invest in real The FDIC regional offices can extend meet the conditions of eligibility in the estate must use a subsidiary organized the 60 day review period for an proposed regulation may ‘‘convert’’ solely for such purpose whereas banks additional 30 days if it provides written their applications to notices by will be permitted to directly own life notice of the extension to the insured submitting a letter to the appropriate insurance and annuity contracts. The state bank before the 60 day review FDIC regional office requesting such conditions for bank eligibility are period has run. The FDIC does not treatment. The letter requesting such discussed below. The amount and type anticipate that extensions will occur treatment should show that the bank of information required in the notices to frequently. FDIC regional offices should meets the conditions of eligibility and be filed with the FDIC regional offices review and act on notices as quickly as contain such additional information as differs significantly depending upon possible, with the 60 day review period may be necessary to complete the whether the bank is proposing to invest generally being seen as an outside limit. notice. The FDIC regional office will Should the FDIC regional offices fail in real estate or life insurance and either issue a letter to the insured state to take written action by the end of the annuities. bank which states that the application 60 day period, or the 90 day period if has been converted to a notice and Notice Procedure a 30 day extension has been taken, the advising the insured state bank of the Notices are to be filed with, reviewed FDIC shall be deemed to have issued a by and acted upon by the FDIC regional letter of nonobjection. In such event the date after which the bank may engage in offices. Complete notices will normally insured state bank may engage in the the activity if the FDIC has not objected be acted upon within 60 days of filing. activity on the terms and conditions as or issue a letter to the insured state bank Notices which do not include all the described in its notice, subject to the stating that the FDIC objects to the required information are not considered continued obligation to comply with the conversion request. In the event of FDIC complete. The 60 day review period conditions set out in the exception. It is objection to the conversion request, the begins when all required information the FDIC’s intent to normally respond to application will continue to be has been received by the FDIC regional notices rather than to simply allow the processed in accordance with the other offices. The FDIC regional offices will notice period to expire. provisions of part 362. issue a letter to the insured state bank Issuance of a letter of nonobjection or Continued Compliance with Eligibility confirming receipt of the notice and permission to engage in the activity after Conditions advising the insured state bank of the the notice period expires does not date after which the bank may engage in preclude the FDIC from taking Banks which utilize the notice the activity if the FDIC has not objected. appropriate actions to address any process to invest in real estate or life The notice will be reviewed for the safety and soundness concerns insurance and annuity contracts must purpose of determining whether the regarding the operation of a bank, any continue to meet the conditions for bank is in fact eligible for the exception of its subsidiaries, or a particular eligibility set forth in the proposed as well as for the purposes of investment in real estate or life regulation. Banks which fall out of determining whether particular facts insurance and annuities. If an insured compliance with any one of the and circumstances unique to the state bank’s financial or managerial eligibility conditions in the regulation institution raise policy or legal concerns resources suffer an adverse change, the are required to notify the FDIC regional warranting additional action on the part FDIC retains its full authority to require office within 10 business days. The of the FDIC. If safety or soundness the bank to take whatever steps FDIC FDIC regional office shall review the issues are identified which do not rise deems appropriate. notice and take such action as it deems to the level of presenting a significant necessary based on safety and Treatment of Outstanding FDIC Orders risk to the deposit insurance fund, it is soundness concerns. The FDIC regional contemplated that the regional office As noted above, a large number of offices have a broad range of authority will work with the bank during the insured state banks previously applied with respect to the actions they can notice period to correct the problems for and received approval from the FDIC require the insured state bank to take. which have been identified. to invest in real estate or life insurance For example, the FDIC regional office and annuity contracts. The terms of the may require the insured state bank to FDIC Action on Notices FDIC orders approving such return to compliance within a specified The FDIC regional offices can issue a applications will remain in effect and period of time, to submit an application letter of nonobjection before the end of not be modified by the enactment of the pursuant to § 362.4(d), to submit a the 60 day notice period advising the proposal. To the extent those orders capital restoration plan, or in bank that it may proceed with the differ from the notice provisions in the appropriate cases to divest the proposed investment or activity. The proposed regulation, insured state banks investment. 43496 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

Notice—Real Estate Investments As noted above, to be eligible for investment limit of 20% for all notice processing a bank must use a subsidiaries rather than in effect subject Section 362.4(c)(3)(vi)(A)—Conditions subsidiary for the real estate investment. transactions between the bank and its for Bank Eligibility The real estate subsidiary must meet real estate investment subsidiary to all The notice process is available only to several conditions. First, the subsidiary of the restrictions of section 23A of the those insured banks which propose to must meet the definition of ‘‘bona fide Federal Reserve Act. If the FDIC were to hold their real estate investments subsidiary’’ as contained in § 362.2(d), do so, it would be the Agency’s intent through a majority-owned subsidiary. except a majority of the subsidiary’s to monitor transactions between the Structure is important with respect to officers and directors may be directors bank and its subsidiary as part of the real estate investments. As noted above, or executive officers of the bank. FDIC’s regulatory oversight of the bank the holding of real estate investments However, the subsidiary must have at and to address any concerns on a case- through a subsidiary will provide some least one director who is knowledgeable by-case basis. liability protection to the bank, and with respect to real estate investment Finally, two restrictions are imposed ultimately the deposit insurance fund, activities and is not an employee, officer which are designed to address tying and should there be any adverse litigation or or director of the bank. This insider abuse. First, with respect to hazardous environmental waste requirement is to assure that the real tying, neither the bank nor the problems. In addition, the subsidiary estate subsidiary is in fact a separate subsidiary may engage in any must be ‘‘solely’’ for the purpose of real and distinct entity. As discussed above, transaction which requires a customer estate investments. Sole purpose this requirement should insulate the of either to buy any product or use any subsidiaries will simplify reporting and bank and the deposit insurance fund service of either as a condition of monitoring of the real estate from liabilities in excess of the bank’s entering into the transaction. This investments. Insured state banks which investment. restriction on tying transactions is would like to operate mixed use The FDIC believes that banks that broader than the conditions in previous subsidiaries for real estate investments want to engage in real estate investment FDIC Board Orders in that it would will be required to go through the should have subsidiaries with board cover any product or service which normal part 362 application process. members that will manage using proven either the bank or the subsidiary offers. There are nine conditions for banks experience in real estate as such The FDIC requests comment on whether that want to invest in real estate using experience will greatly increase the the tying restriction is broader than likelihood of successful investment. The necessary. Commenters who believe the the notice process. The bank must have independent board member must be an tying restriction should be limited to either a 1 or 2 UFIRS composite rating individual who is not an employee, loans by the bank to customers of the as assigned by the FDIC as of the most officer or director of the bank and who real estate subsidiary should explain recent rating period. The FDIC believes is knowledgeable with respect to real why these loans are the only that only those banks which have estate investment activities. An problematic transactions. composite ratings of 1 or 2 are independent director should bring The second restriction is neither the appropriate for the notice process. valuable experience to the subsidiary’s bank nor the subsidiary may engage in These institutions have shown that they operations. Officers, directors or any transaction with a bank insider (or have the requisite financial and employees of the bank’s holding a related interest) which involves the managerial resources to run a financial company or of an affiliate of the bank real estate investment activities of the institution without presenting a are eligible to fill the independent subsidiary unless the FDIC regional significant risk to the deposit insurance director requirement. office approves the transaction in fund. While other lower rated financial The bank must have a written advance. This restriction does not institutions may have the requisite business plan for the real estate apply, however, to extensions of credit financial and managerial resources and investment which is acceptable to the which are subject to § 337.3 of this title. skills to undertake real estate FDIC. Banks that want to engage in real This exception carves out those investments, the FDIC believes that estate investment should have a written extensions of credit by a bank to its those institutions should be subject to business plan which is detailed and executive officers, directors and the formal part 362 application process well thought out. Such a plan is yet principal shareholders, and their related as opposed to the streamlined notice another indicator that the financial interests, which comply with Regulation process described herein. institution has adequate managerial O. 12 CFR 215, subpart A. The bank must be ‘‘well capitalized’’ resources to engage in the proposed as defined in part 325 of this title after activity. Section 362.4(c)(3)(vi)(B)—Contents of deducting the proposed real estate All transactions between the bank and Notice investment from capital calculations. the subsidiary should conform to the Insured state banks which meet the This eligibility condition reflects the restrictions that would apply under conditions for eligibility would be FDIC’s belief that only those insured sections 23A and 23B of the Federal required to file a notice with the state banks with strong capital positions Reserve Act as between a bank and its appropriate FDIC regional office. The should be investing in real estate. Bank affiliate. This requirement is intended to amount of information required in the capital is designed to act as a cushion make sure that adequate safeguards are real estate investments is greater than in the event of losses. As noted above, in place for the dealings between the that required in the case of life the variability of returns on real estate bank and its subsidiary. The FDIC insurance and annuity investments. The investments is very wide. Banks can not invites comment on whether all the regulation sets forth seven (7) specific count on any return on their real estate provisions of sections 23A should be information requirements, which are: investments, and may in fact end up imposed or whether just certain (B)(1). A brief description of the real losing the entire investment. For this restrictions are necessary. For instance, estate investment activities. The notice reason, the FDIC believes the capital should the regulation simply provide should describe the proposed deduction reflects a more accurate that the bank’s investment in the real investment, e.g., purchase of raw land, assessment of the bank’s capital estate subsidiary is limited to 10% of interest in a shopping center or position. capital and that there is an aggregate construction of a small office building, Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43497 and identify where the real estate is filing of the notice. The notice should There are two percentage of Tier 1 located. state the bank’s board of directors has Capital investment limits for annuities (B)(2). A copy of the real estate authorized the proposed investment in and life insurance policies. The bank’s investment business plan. This written real estate, including the formation of a total aggregate investment in annuity document should discuss all aspects of majority-owned subsidiary solely for the contracts and life insurance policies the proposed business, capitalization, purpose of investing in real estate, and which are impermissible for national cash flows, expenses, market variables, authorized the filing of the notice with banks (nonconforming) can not exceed etc. Banks without written business the FDIC. A copy of the Board 30% of the bank’s tier 1 capital. The plans will not be permitted to file resolution(s) should be attached to the bank’s total aggregate investment in all notices. notice. types of annuity contracts and life (B)(3). A description of the (B)(7). The relevant state law which insurance policies can not exceed 50% subsidiary’s operations including authorizes the bank subsidiary to of the bank’s Tier 1 capital. (A)(4). The management’s expertise. The FDIC conduct real estate investment 50% limit would include both the believes that experienced real estate activities. The notice should identify the national bank permissible life insurance management is very important to the policies as well as those which are not success of a subsidiary engaged in real relevant state statute, regulation or guideline which permits the bank’s permissible for national banks to hold. estate activities. The notice shall Banks are also required to diversify their contain a detailed discussion of subsidiary to invest in real estate. If an application or some other type of annuity contract and life insurance management’s real estate experience in policy risks. In order to be eligible for the particular type of real estate approval from the state banking regulator is required, the state banking the notice process, a bank’s total investment contemplated. For instance, investment in conforming and if the subsidiary is going to engage in regulator’s approval or nonobjection should be referenced. A copy of such nonconforming investments from residential real estate development, the anyone issuer cannot exceed a application should discuss approval or nonobjection letter should be attached to the notice. The FDIC can maximum of 15% of the bank’s Tier 1 managements proven experience in capital. residential real estate development. not authorize insured state banks to (B)(4). The amount of bank’s invest in real estate unless they are Banks are also required to purchase aggregate investment in the subsidiary permitted to do so under existing state annuities and life insurance policies stated as a percentage of Tier 1 Capital. law. For this reason it is important that from highly rated issuers. Under the The notice should state clearly the banks identify the relevant state regulation, banks are not eligible for the amount of investment which a bank has statutes, regulations or other provisions notice process if they have purchased in the real estate subsidiary. This of law which permit them to engage in annuity contracts or life insurance includes both direct (such as such activities. Again, such information policies from issuers that are not in the contributions of capital and loans to the will greatly assist the FDIC regional top two categories of a nationally subsidiary) and indirect investments offices in reviewing the notices as recognized rating service. There are (such as extensions of credit or expeditiously as possible. several national organizations which commitments of credit to third parties rate insurance companies: these Notice—Life Insurance and Annuity organizations include A.M. Best, who will be making direct investments Products in the subsidiary). Further, a bank shall Standard & Poors and Moody’s. also include in its calculation any Section 362.4(c)(3)(vii)—Condition for As noted above, banks are not extension of credit or commitment of Bank Eligibility generally required to purchase or hold credit to a third party which will be life insurance policies or annuity making an investment in any The bank eligibility conditions are contracts through a subsidiary. Some investment which the subsidiary has an somewhat less restrictive for investing life insurance policies and annuity interest. Banks should not include in in life insurance and annuity products contracts are ‘‘securities’’ for purposes their calculation of investment any than for real estate investments. For of the Federal securities laws. All retained earnings or the value of any instance, insured state banks wishing to annuity contracts which are considered assets which the subsidiary may hold. invest in life insurance and annuities to be ‘‘securities’’ must be held through Notices should quantify and separately are generally not required to use a a subsidiary of the bank. Those life identify the direct and indirect real subsidiary for such investments and insurance policies which do not qualify estate investments. there is no capital ‘‘deduction’’ for life under OCC BC 249 and which are (B)(5). Bank’s capital after deducting insurance and annuity investments. The considered to be ‘‘securities’’ must also the investment in real estate. The notice less restrictive eligibility requirements be held through a subsidiary of the should state clearly what the bank’s are reflective of the FDIC’s view that life bank. Holding such securities through a capital position is after deducting the insurance and annuity investments are subsidiary of the bank is required investment in real estate. The bank generally less risky investments than pursuant section 24 and part 362. real estate investments. should set forth its 3 capital categories Section 362.4(c)(3)(vii)(B)—Contents of There are six conditions for banks as of the latest call report in both dollars Notice and percentages. The notice should also wishing to invest in life insurance or show on a pro forma basis what the annuity contracts pursuant to a notice. Insured state banks which meet the bank’s Tier 1 Capital will be, on both a The bank must be well capitalized as six conditions for eligibility noted above dollar and percentage basis, after defined in part 325. The bank’s most would be required to file a notice with making the required deduction. Stating recent UFIRS rating as assigned by the the appropriate FDIC regional office. this information clearly in the notice FDIC must be a ‘‘3’’ or better. The bank The amount of information required in will assist the FDIC regional office in must have in place policies and the life insurance and annuity reviewing and acting upon the bank’s procedures for monitoring the financial investment notices is less than that notice. health of the companies issuing or required in the real estate investment (B)(6). A copy of the board of underwriting the life insurance or notices. The regulation sets forth seven director’s resolution authorizing the annuity contracts. (7) specific information requirements for 43498 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules the life insurance and annuity committee responsible for monitoring List of Subjects in 12 CFR Part 362 investment notices. They are: the financial status of the issuer and Administrative practice and (B)(1). The aggregate amount of direct how frequently the monitoring is done. procedure, Authority delegations and indirect investment in life If the procedures are in writing, they (Government agencies), Bank deposit insurance policies and annuity should be attached to the notice. insurance, Banks, banking, Insured contracts stated as a percentage of the (B)(6). The relevant state law which depository institutions, Investments, bank’s Tier 1 Capital. The notice should Reporting and recordkeeping state clearly the number of annuity authorizes the bank investment in life insurance policies or annuity contracts requirements. contracts and life insurance policies For the reasons set forth above, the which the bank owns (or intends to should be identified. The notice should identify the relevant state statute, FDIC hereby proposes to amend 12 CFR acquire), either directly or through a part 362 as follows. subsidiary. The notice should also state regulation or guideline which permits the dollar value of the annuity contracts insured state banks to invest in life PART 362ÐACTIVITIES AND and life insurance policies and what insurance policies or annuity contracts. INVESTMENTS OF INSURED STATE percentage of the bank’s tier one capital If an application or some other type of BANKS that represents. Banks should not approval from the state banking include in this provision any life regulator is required, the state banking 1. The authority citation for part 362 insurance policies which a national regulator’s approval or nonobjection continues to read as follows: bank would be permitted to own under should be referenced. A copy of such Authority: 12 U.S.C. 1816, 1818, either Test A or Test B of OCC Banking approval or nonobjection letter should 1819[Tenth], 1831a. Circular 249. be attached to the notice. The FDIC can 2. Section 362.4 is amended by (B)(2). The aggregate amount of direct not authorize insured state banks to adding new paragraphs (c)(3)(vi) and and indirect investment in all life invest in life insurance policies or (c)(3)(vii) to read as follows: insurance policies and annuity annuity contracts unless they are contracts as a percentage of the bank’s permitted to do so under existing state § 362.4 Activities of insured state banks Tier 1 capital. This item includes law. For this reason it is important that and their subsidiaries. conforming as well as nonconforming banks identify the relevant state * * * * * investments in life insurance policies. statutes, regulations or other provisions (c) * * * (3) * * * The notice should identify those life of law which permit them to engage in (vi) Equity interests in real estate. (A) insurance policies which conform to such activities. Again, such information either Test A or Test B of BC 249 and An insured state bank may invest in will greatly assist the FDIC regional and/or retain equity interests in real the value of such life insurance policies. offices in reviewing and acting on the (B)(3). The concentration of estate through a majority-owned notices as expeditiously as possible. investment by issuer. The notice shall subsidiary organized solely for such clearly state the aggregate amount of (B)(7). A copy of the board of purpose provided that the bank has filed bank investment in annuity contracts director’s resolution authorizing the written notice as described in paragraph and life insurance policies from any one filing of the notice. The notice should (c)(3)(vi)(B) of this section at least 60 issuer. The FDIC is concerned about state that the bank’s board of directors days prior to making the initial concentration of risk from one issuer, have authorized the proposed investment, the FDIC has not objected to therefore banks should aggregate life investment in life insurance policies or the investment prior to the expiration of insurance policies and annuity contracts annuity contracts and authorized the the 60-day notice period nor extended issued by the same company. filing of the notice with the FDIC. A the notice period an additional 30 days Calculations shall be stated as a copy of the Board resolution(s) should and objected to the investment prior to percentage of the bank’s tier one capital. be attached to the notice. the expiration of the extended notice All life insurance policies, even those period, and the following conditions which may be permissible for a national Regulatory Flexibility Analysis are, and continue to be, met: (1) The bank is well-capitalized as bank under OCC BC 249, should be The Board of Directors has concluded defined in part 325 of this chapter included in the calculation. after reviewing the proposed regulation (B)(4). The rating of the issuer(s) of exclusive of the bank’s investment in that the regulation, if adopted, will not the policies and annuity contracts. The the subsidiary as well as any extensions notice should state the most current impose a significant economic hardship of credit or commitments of credit to rating of the issuer by the nationally on small institutions. This proposal any third party for the purpose of recognized rating services which rate simplifies and streamlines the timing making a direct investment in the the issuer. The issuer must be in one of and information small entities must file subsidiary or making an investment in the top two rating categories of the to engage in profit-making activities any investment in which the subsidiary rating service. If the issuer is not in one thereby reducing their regulatory has an interest; of the top two rating categories, the bank burden. By expediting processing and (2) The bank makes the deduction in is not eligible for the notice process. If allowing small entities to engage in paragraph (c)(3)(vi)(A)(1) of this section the issuer is rated by more than one of profit-making activities more quickly, for purposes of determining capital as the nationally recognized rating services small entities may avoid lost reported on the bank’s report of and the issuer is not in the top two opportunity costs. The Board of condition and assessment risk rating categories of all services the FDIC Directors therefore hereby certifies classification purposes in part 327 of may object to the notice. pursuant to section 605 of the this chapter and prompt corrective (B)(5). A description of the bank’s Regulatory Flexibility Act (5 U.S.C. 605) action purposes under part 325 of this monitoring procedures. The notice shall that the proposal, if adopted, will not chapter provided, however, that the identify and briefly describe the bank’s have a significant economic impact on deduction shall not be used for the procedures for monitoring the financial a substantial number of small entities purposes of determining whether the health of the issuer. The notice shall, at within the meaning of the Regulatory bank is ‘‘critically undercapitalized’’ as a minimum, identify the individual or Flexibility Act (5 U.S.C. 601 et. seq.). defined under part 325 of this chapter; Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43499

(3) The bank’s most current composite which the bank’s principal office is through a majority-owned subsidiary of rating assigned by the FDIC under the located. The regional office will send the bank, provided that the bank has Uniform Financial Institutions Rating written acknowledgment of receipt of a filed written notice as described in System or such other comparable rating completed notice to the bank which paragraph (c)(3)(vii)(B) of this section at system as may be adopted by the FDIC shall indicate the date after which the least 60 days prior to making the initial in the future is 1 or 2; bank may initiate the investment investment, the FDIC has not objected to (4) The subsidiary meets the activities if the FDIC has neither the investment prior to the expiration of definition of ‘‘bona fide subsidiary’’ as objected to the notice nor extended the the 60-day notice period nor extended contained in § 362.2(d) except that the notice period. The notice period will the notice period an additional 30 days requirements of § 362.2(d)(6) and (d)(7) begin to run from the date the and objected to the investment prior to are waived provided that the subsidiary acknowledgment is sent. If the notice the expiration of the extended notice has at least one director who is period is extended, the bank will be period, and the following conditions knowledgeable with respect to real notified in writing and informed of the are, and continue to be, met: estate investment activities and is not an date after which the bank may initiate (1) The bank is well-capitalized as employee, officer or director of the the investment activities if the FDIC defined in part 325 of this chapter; bank; does not object. Notices shall contain (2) The bank’s most current composite (5) The subsidiary is managed by the following: rating as assigned by the FDIC under the persons who have expertise in the real (1) A description of the real estate Uniform Financial Institutions Rating estate investment activities conducted investment activities; System or such other comparable rating by the subsidiary; (2) A copy of the business plan system adopted by the FDIC in the (6) The subsidiary has a written concerning the real estate investment future is at least 3; business plan regarding the real estate activities; (3) The bank’s total aggregate direct investment activities; (3) A description of the subsidiary’s and indirect investment in annuity (7) Transactions between the bank operations including a discussion of contracts and life insurance policies and the subsidiary comply with the management’s expertise; which do not conform to OCC Banking restrictions of sections 23A and 23B of (4) The aggregate amount of the bank’s Circular 249 does not exceed 30% of the the Federal Reserve Act (12 U.S.C. 371c investment in the subsidiary as defined bank’s tier one capital; and 371c–1) to the same extent as in § 362.2(q), which does not include (4) The bank’s total aggregate direct though the subsidiary were an affiliate retained earnings, and the bank’s and indirect investment in all annuity of the bank as the term affiliate is extensions of credit and commitments contracts and life insurance policies defined for the purposes of section 23A of credit to third parties for the purpose (conforming and nonconforming) is no and section 23B except that extensions of making a direct investment in the greater than 50% of the bank’s tier one of credit made by the bank to finance subsidiary or making an investment in capital and the bank’s total aggregate sales of assets by the subsidiary to third any investment in which the subsidiary direct and indirect investment in all parties need not comply with the has an interest stated as a percentage of annuity contracts and life insurance collateral requirements and investment tier one capital; policies (conforming and limitations of section 23A provided that (5) The bank’s capital after nonconforming) from the same issuer such extensions of credit are consistent adjustments are made for the deductions does not exceed 15% of the bank’s tier with safe and sound banking practice, described in paragraph (c)(3)(vi)(A)(1) of one capital; do not involve more than the normal this section; (5) The issuer(s) of the life insurance degree of risk of repayment, and are (6) A copy of the board of directors’ policies and annuity contracts extended on terms and under resolution authorizing the filing of the (conforming and nonconforming) is (are) circumstances, including credit notice; and rated in the top two rating categories by standards, that are substantially the (7) An identification of the relevant a nationally recognized rating service; same, or at least as favorable to the state statute, regulation or other and bank, as those prevailing at the time for authority which authorizes the (6) The bank’s board of directors has comparable transactions; subsidiary to conduct real estate procedures in place to monitor the (8) Neither the bank nor the investment activities. financial condition of the issuer(s) of the subsidiary shall engage in any (C) An insured state bank which falls life insurance policies and annuity transaction which requires a customer out of compliance with any of the contracts (conforming and of either to buy any product or use any eligibility conditions in paragraph nonconforming). service of either as a condition of (c)(3)(vi)(A) of this section shall notify (B) Notice filed pursuant to paragraph entering into a transaction; and the FDIC regional office within 10 (c)(3)(vii)(A) of this section may be in (9) Neither the bank nor the business days of falling out of letter form and should be filed with the subsidiary engages in any transactions compliance. The FDIC regional office regional director for the Division of (exclusive of those covered by § 337.3 of shall review the notice and take such Supervision in the region in which the this chapter) with insiders of the bank action as it deems necessary. Such bank’s principal office is located. The as insider is defined in Federal Reserve actions may include, but are not limited regional office will send written Board Regulation O (12 CFR 215.2(h)), to, requiring the insured state bank to acknowledgment of receipt of a which relate to the subsidiary’s real file an application pursuant to completed notice to the bank which estate investment activities without the paragraph (d) of this section, requiring shall indicate the date after which the prior written consent of the appropriate the submission of a capital restoration bank may initiate the investment regional director for the Division of plan or requiring the divestiture of such activities if the FDIC has neither Supervision. investment. objected to the notice nor extended the (B) Notice filed pursuant to paragraph (vii) Life insurance policies and notice period. The notice period will (c)(3)(vi)(A) of this section may be in annuity contracts. (A) An insured state begin to run from the date the letter form and should be filed with the bank may invest in and/or retain life acknowledgment is sent. If the notice regional director for the Division of insurance policies and annuity period is extended, the bank will be Supervision for the FDIC region in contracts, either directly or indirectly notified in writing and informed of the 43500 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules date after which the bank may initiate DEPARTMENT OF TRANSPORTATION FEDERAL TRADE COMMISSION the investment activities if the FDIC does not object. Notices shall contain Office of the Secretary 16 CFR Part 23 the following: (1) The aggregate amount of direct and 14 CFR Part 255 Extension of Time; Section 7 indirect investment in annuity contracts (Platinum) of the Guides for the and nonconforming life insurance [Docket No. OST±96±1639; Notice No. 96± Jewelry, Precious Metals and Pewter policies stated as a percentage of the 21] Industries bank’s tier one capital; AGENCY: Federal Trade Commission. (2) The aggregate amount of direct and RIN 2105±AC56 ACTION: Extension of time for filing indirect investment in all annuity public comments. contracts and life insurance policies Fair Displays of Airline Services in Computer Reservations Systems (conforming and nonconforming) stated SUMMARY: The Federal Trade as a percentage of the bank’s tier one (CRSs) Commission (the ‘‘Commission’’) capital; AGENCY: Office of the Secretary, requested public comments on May 30, (3) The aggregate amount of direct and Department of Transportation. 1996, on proposed revisions to 23.7 of indirect investment in all annuity the Guides for the Jewelry, Precious contracts and life insurance policies ACTION: Correction to notice of proposed rulemaking. Metals and Pewter Industries (‘‘the (conforming and nonconforming) from Guides’’), 61 FR 27224. Section 23.7 of any one issuer stated as a percentage of SUMMARY: This document contains a the Guides addresses claims made about the bank’s tier one capital; correction to the notice of proposed platinum products. The Commission (4) The rating of the issuer(s) of the rulemaking proposing revisions to the solicited comments until August 12, policies and annuity contracts; 1996. In response to a request from an (5) A description of the bank’s Department’s rules on the display of airline services in computer reservations industry group, the Commission grants monitoring procedures; an extension of the comment period. (6) The state statute, regulations or systems (CRSs). That notice was other authority which authorizes the published Wednesday, August 14, 1996 DATES: Written comments will be bank to make the investment; and (61 FR 42208). The notice incorrectly accepted until September 30, 1996. (7) A copy of the board of directors’ stated that the docket number for this ADDRESSES: Comments should be resolution authorizing the filing of the proceeding is OST–96–1145; the correct directed to: Secretary, Federal Trade notice. docket number is OST–96–1639. Commission, Room H–159, Sixth and (C) An insured state bank which falls FOR FURTHER INFORMATION CONTACT: Pennsylvania Ave., NW., Washington, out of compliance with any of the Thomas Ray, Office of the General DC 20580. Comments about these eligibility conditions in paragraph Counsel, 400 Seventh St. S.W., proposed changes to the Guides should (c)(3)(vii)(A) of this section shall notify Washington, D.C. 20590, (202) 366– be identified as ‘’Guides for the Jewelry, the FDIC regional office within 10 4731. Precious Metals and Pewter Industry— business days of falling out of SUPPLEMENTARY INFORMATION: The notice 16 CFR Part 23—Comment.’’ compliance. The FDIC regional office of proposed rulemaking that is the FOR FURTHER INFORMATION CONTACT: shall review the notice and take such subject of this correction proposed Constance M. Vecellio or Laura J. action as it deems necessary. Such revisions to the Department’s rules on DeMartino, Attorneys, Federal Trade actions may include, but are not limited the display of airline services in Commission, Washington, DC 20580, to, requiring the insured state bank to computer reservations systems (CRSs), (202) 326–2966 or (202) 326–3030. file an application pursuant to 14 CFR 255.4. That notice incorrectly SUPPLEMENTARY INFORMATION: On May paragraph (d) of this section, requiring stated the docket number for this 30, 1996, 61 FR 27178, the Commission the submission of a capital restoration proceeding as OST–96–1145, which is announced revisions to its Guides for plan or requiring the divestiture of such instead the docket number for a the Jewelry Industry, renamed Guides investment. different proceeding involving a for the Jewelry, Precious Metals and proposed amendment to another section 1 § 362.6 [Amended] Pewter Industries, 16 CFR Part 23. The of the Department’s CRS rules, 14 CFR Guides for the Jewelry, Precious Metals 3. Section 362.6 is amended by 255.6; the correct docket number for this and Pewter Industries (‘‘the Guides’’) adding ‘‘the authority to act on notices proceeding on CRS display rules is address claims made about precious filed pursuant to § 362.4(c)(3)(vi) (A) OST–96–1639. metals, diamonds, gemstones and pearl and (C) and § 362.4(c)(3)(vii) (A) and Accordingly, the publication on products. The Commission did not (C); the authority to rescind orders August 14, 1996, of the Notice of revise section 23.7 of the Guides for the issued pursuant to § 362.4 where it is Proposed Rulemaking on CRS display Jewelry Industry, which addresses determined that the institution is rules is corrected as follows: claims made about platinum products. eligible to engage in activities pursuant On page 42208, the two citations of Industry members had indicated the to an exception contained in Docket No. OST–96–1145 [49812] are need to simplify current Commission § 362.4(c)(3);’’ immediately after replaced with citations to Docket OST– guidance regarding claims that a ‘‘§ 362.3(d);’’. 96–1639. product is composed of platinum and to By Order of the Board of Directors. This correction is issued pursuant to bring this guidance into closure accord Dated at Washington, D.C., this 13th day of 49 CFR 1.57(l). August, 1996. Issued in Washington, D.C. on August 17, 1 The Commission published a Federal Register Federal Deposit Insurance Corporation. 1996. notice soliciting public comment on amendments to the Jewelry Guides, including revisions to section Jerry L. Langley, Nancy E. McFadden, 23.7 regarding platinum products. 57 FR 24996 Executive Secretary. General Counsel. (June 12, 1992). This Federal Register notice was published in response to a petition proposing [FR Doc. 96–21475 Filed 8–22–96; 8:45 am] [FR Doc. 96–21538 Filed 8–22–96; 8:45 am] changes, submitted by the Jewelers Vigilance BILLING CODE 6714±01±P BILLING CODE 4910±62±P Committee (‘‘JVC’’). Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43501 with international standards. The ENVIRONMENTAL PROTECTION ACTION: Notice of data availability and Commission concluded, however, that AGENCY request for comments. additional comment would be helpful to SUMMARY: This document is a notice of resolve certain issues. In a separate 40 CFR Parts 52 and 81 availability and invitation for comment notice of May 30, 1996, 61 FR 27224, [CO43±2±6865; CO43±1±6931; FRL±5559±6] on the following information pertaining the Commission described the to the proposed revised standards for comments concerning the marking of Clean Air Act Approval and hazardous waste combustors (61 FR platinum products, submitted in Promulgation of SIP Elements for 17358 (April 19, 1996)): Reports from an response to the prior FRN, and also Denver and Longmont; Clean Air Act independent peer review of technical discussed its proposed changes to this Reclassification; Extension of aspects of the rule; additional analyses section. The Commission solicited Comment Period of various fuel oils to be used to comment on this provision of the AGENCY: Environmental Protection establish a specification to exclude Guides and the proposed changes, Agency (EPA). comparable fuels; and information on a requesting comments until August 12, synthesis gas process and product gas ACTION: Proposed rule; extension of the specifications that was inadvertently not 1996. comment period. On July 25, 1996, the Commission included in the docket. Readers should note that only received a letter from the Manufacturing SUMMARY: The Environmental Protection comments about new information Jewelers and Silversmiths of America, Agency is extending the comment period for a proposed rule published discussed in this document will be Inc. (MJSA), an industry trade considered during the comment period. association, requesting that the July 9, 1996 (61 FR 36004). On July 9, 1996, EPA proposed approval of the Issues related to the April 19, 1996 comment period be extended for sixty proposed rule that are not directly days, until October 11, 1996.2 MJSA State Implementation Plan (SIP) revisions submitted by the State of affected by the documents or data stated that about eight interested Colorado for the purpose of bringing referenced in this Notice of Data platinum jewelry manufacturers met on about the attainment of the national Availability are not open for further July 21, 1996 but ‘‘those attending the ambient air quality standards (NAAQS) comment. meeting thought it would be helpful to for carbon monoxide (CO) in Denver DATES: Written comments on the peer survey a larger universe of platinum and Longmont. EPA also proposed review reports, the new comparable jewelry manufacturers than was reclassification of the Denver CO fuels analyses, and the synthesis gas present’’ at the meeting. Such a survey nonattainment area from Moderate to process and product information must would require an extension of the Serious. These actions were requested be submitted by September 23, 1996. comment period. by the State of Colorado. At the request ADDRESSES: Commenters must send an The Commission has determined that of two organizations which wish to original and two copies of their an extension of the comment period submit comments on these proposed comments referencing Docket Number until September 30, 1996 is appropriate. actions, EPA is extending the comment F–96–RCSP–FFFFF to: RCRA Docket Therefore, to allow all interested period to September 9, 1996. Information Center, Office of Solid Waste (5305G), U.S. Environmental persons the opportunity to supply the DATES: Comments on this proposed Protection Agency Headquarters (EPA, action must be received in writing on or Commission with written data, views HQ), 401 M Street, S.W., Washington, before September 9, 1996. and arguments concerning the D.C. 20460. Comments may also be Commission’s review of section 23.7 of ADDRESSES: Comments should be submitted electronically through the the Guides, the Commission grants an addressed to: Richard R. Long, Director Internet to: rcra- extension of the comment period to of Air Programs (8P2–A), Environmental [email protected]. Comments in September 30, 1996. Protection Agency, Region VIII, 999 electronic format should also be 18th Street, Suite 500, Denver, Colorado List of Subjects in 16 CFR Part 23 identified by the docket number F–96– 80202–2466. RCSP–FFFFF. All electronic comments Advertising; Jewelry; Trade practices. FOR FURTHER INFORMATION CONTACT: Jeff must be submitted as an ASCII file Houk at (303) 312–6446. avoiding the use of special characters Authority: 15 U.S.C. 41–58. Dated: August 14, 1996. and any form of encryption. By direction of the Commission. Jack W. McGraw, Commenters should not submit Donald S. Clark, electronically any confidential business Acting Regional Administrator. Secretary. information (CBI). An original and two [FR Doc. 96–21573 Filed 8–22–96; 8:45 am] [FR Doc. 96–21418 Filed 8–22–96; 8:45 am] copies of the CBI must be submitted BILLING CODE 6560±50±P under separate cover to: RCRA CBI BILLING CODE 6750±01±M Document Control Officer, OSW (5305W), 401 M Street, SW, Washington 40 CFR Parts 60, 63, 260, 261, 264, 265, D.C. 20460. For other information 266, 270 and 271 regarding submitting comments [FRL±5558±5] electronically, viewing the comments received, and supporting information, RIN 2050±AF01 please refer to the proposed rule (61 FR Hazardous Waste Combustors; 17358 (April 19, 1996)). The RCRA Revised Standards; Proposed RuleÐ Information Center is located at Crystal Gateway One, 1235 Jefferson Davis 2 MJSA is represented by Sheldon London of Notice of Data Availability and Request London & Satagaj. Mr. London’s letter dated July 25, for Comments Highway, First Floor, Arlington, 1996 to Donald S. Clark, Secretary of the Virginia and is open for public Commission, has been placed on the Commission’s AGENCY: Environmental Protection inspection and copying of supporting public record of this proceeding. Agency (EPA). information for RCRA rules from 9:00 43502 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules am to 4:00 pm Monday through Friday, specifications that was inadvertently not listed in today’s notice and also can be except for Federal holidays. The public included in the docket. found, along with the analytical must make an appointment to view methods, in the Draft Technical Support Peer Review Reports docket materials by calling (703) 603– Document for HWC MACT Standards, 9230. The public may copy a maximum As part of the rule development Addendum to Volume VI: Development of 100 pages from any regulatory process, the Agency initiated a peer of Comparable Fuels Specifications, document at no cost. Additional copies review of the proposed rule, preamble August 1996. EPA invites comment on cost $0.15 per page. and relevant supporting background today’s new individual specifications, documents in three subject areas of the as well as the composite specifications, FOR FURTHER INFORMATION CONTACT: For rule: engineering, risk assessment and and the analytical methods used in general information, call the RCRA economic analysis. The review panel EPA’s new analysis. Hotline at 1–800–424–9346 or TDD 1– members were tasked with conducting a In addition, we want to clarify the 800–553–7672 (hearing impaired) comprehensive and critical review of rationale for proposing comparable fuel including directions on how to access the proposed rule in their designated specification limits for total halogens electronically some of the documents subject areas, addressing a set of and total nitrogen. Although neither and data referred to in this notice via questions pertaining to the technical total halogens nor total nitrogen are EPA’s Cleanup Information Bulletin basis of the approaches adopted by the listed on Appendix VIII, Part 261 (or Board System (CLU-IN). The CLU-IN Agency, and providing comments and/ proposed for Appendix X), we believe modem access phone number is 301– or recommendations where warranted. that they should be limited to ensure 589–8366 or Telnet to clu-in.epa.gov for Each subject area panel prepared a that halogenated and nitrated products Internet access. Callers within the summary report highlighting the key of incomplete combustion (PICs) from Washington Metropolitan Area must points of discussion, including the burning excluded waste would not be dial 703–412–9810 or TDD 703–412– consensus reports or the dissenting emitted at higher levels than from 3323 (hearing impaired). The RCRA opinions. Copies of the peer review burning benchmark fossil fuel. Hotline is open Monday–Friday, 9:00 panel report of each subject area and Halogenated and nitrated organic a.m. to 6:00 p.m., Eastern Standard individual review comments of each compounds can pose a particular hazard Time. For other information on this panel member are available in the to human health and the environment. notice, contact Shiva Garg (5302W), docket. Office of Solid Waste, 401 M Street, Synthesis Gas Comparable Fuel S.W., Washington, DC 20460, phone Comparable Fuel Specification Exclusion (703) 308–8459, e-mail: As part of the proposed comparable In discussing the exclusion of [email protected]. fuel specification, EPA used a synthesis gas (syngas) fuel in the benchmark approach to develop a series SUPPLEMENTARY INFORMATION: On April proposed rule, EPA referenced a Molten of technical specifications that would Metals Technology (MMT) letter that 19, 1996, EPA proposed revised allow hazardous waste similar in standards for hazardous waste presented data on the MMT syngas composition to a commercially available process, including relevant combustors (i.e., incinerators and fossil fuel to be excluded under RCRA cement and lightweight aggregate kilns specifications. See preamble discussion when burned. One of these at 61 FR 17465. In placing the MMT that burn hazardous waste). See 61 FR specifications included the Agency’s 17358. The Agency originally information in the docket, an proposal to limit the Appendix VIII, Part attachment to the letter containing the established a 60-day comment period, 261, constituents in comparable fuels 1 but later extended it to 120 days (61 FR data was inadvertently not placed in the to those found in the benchmark fossil docket until late in the comment period. 27038 (May 30, 1996)). The last date for fuel. As discussed in the preamble of receipt of comments on the Federal EPA has since received a request to the proposal (61 FR 17461), EPA was extend the comment period pertaining Register notice of April 19, 1996 unable to analyze for some compounds continues to remain August 19, 1996. only to the syngas exclusion to allow on the Appendix VIII list because either adequate time to review this attachment The Agency is today providing notice an analytical method was not available and provide comment on the syngas and opportunity to comment on the or could not be identified in time for exclusion. In response to this request, following additional information initial analysis. Those compounds were EPA is granting 30 days from the pertaining to the proposed rule: (1) not listed in the proposed specifications publication date of this notice to Reports from an independent peer published on April 19, 1996. comment on the proposed syngas fuel review of technical aspects of the rule; EPA has subsequently been able to exclusion. (2) additional analyses of various fuel identify methods for analyzing some oils to be used to establish a additional Appendix VIII compounds Appendix—Comparable Fuel specification to exclude comparable and is presenting a proposed Constituent and Physical Specifications fuels; and (3) information on a synthesis specification level or detection limit for Note 1: All numbers in the tables of this gas process and product gas these compounds. These compounds are appendix are expressed to two significant figures.

TABLE 1.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE GASOLINE SPECIFICATION

Concentration limit (mg/kg Maximum de- Chemical name at 10,000 tection limit Btu/lb) (mg/kg)

1,1,1±Trichloroethane ...... Non-detect ... 34

1 The specification would also include two metals as hazardous air pollutants: cobalt and manganese. that are identified in Clean Air Act section 112(b) See 61 FR 17460. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43503

TABLE 1.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE GASOLINE SPECIFICATIONÐContinued

Concentration limit (mg/kg Maximum de- Chemical name at 10,000 tection limit Btu/lb) (mg/kg)

1,1,2±Trichloro-1,2,2-trifluoroethane ...... Non-detect ... 30 1,1±Dichloro-1-propene ...... Non-detect ... 30 1,1±Dichloroethane ...... Non-detect ... 34 1,2,3,4,6,7,8±Heptachlorodibenzo-p-dioxin ...... Non-detect ... 8.8 1,2,3,4,6,7,8±Heptachlorodibenzo-p-furan ...... Non-detect ... 8.8 1,2,3,4±Tetrachlorobenzene ...... Non-detect ... 14 1,2,3,5±Tetrachlorobenzene ...... Non-detect ... 14 1,2,3,6,7,8±Hexachlorodibenzo-p-dioxin ...... Non-detect ... 8.8 1,2,3,6,7,8±Hexachlorodibenzo-p-furan ...... Non-detect ... 8.8 1,2,3,7,8±Pentachlorodibenzo-p-dioxin ...... Non-detect ... 8.8 1,2,3,7,8±Pentachlorodibenzo-p-furan ...... Non-detect ... 8.8 1,2,3±Trichlorobenzene ...... Non-detect ... 14 1,2±Dichloroethane ...... Non-detect ... 34 1,2±Dichloropropane ...... Non-detect ... 34 1,3±Dichloro-2-propanol ...... Non-detect ... 30 1,3±Dichloropropane ...... Non-detect ... 30 1,3±Propane sultone ...... Non-detect ... 14 1±Chloronaphthalene ...... Non-detect ... 14 2,2±Dichloropropane ...... Non-detect ... 30 2,3,4,5±Tetrachlorophenol ...... Non-detect ... 14 2,3,4±Trichlorophenol ...... Non-detect ... 14 2,3,5±Trichlorophenol ...... Non-detect ... 14 2,3,6±Trichlorophenol ...... Non-detect ... 14 2,3,7,8±Tetrachlorodibenzo-p-dioxin ...... Non-detect ... 3.5 2,3,7,8±Tetrachlorodibenzo-p-furan ...... Non-detect ... 3.5 2,3±Dichloro-1-propene ...... Non-detect ... 30 2,3±Dichlorophenol ...... Non-detect ... 14 2,4±D ...... Non-detect ... 7.0 2,5±Dichlorophenol ...... Non-detect ... 14 2±Fluoroacetamide ...... Non-detect ... 14 2±Methylnaphthalene ...... 1200 ...... 2±Nitropropane ...... Non-detect ... 30 3,3'-Dimethoxybenzidine ...... Non-detect ... 14 3,4±Dichlorophenol ...... Non-detect ... 14 3,5±Dichlorophenol ...... Non-detect ... 14 3-/4±Chlorophenol ...... Non-detect ... 14 3±Nitroaniline ...... Non-detect ... 670 4,4'-methylene-bis(2-chloroaniline) ...... Non-detect ... 14 4±Aminopyrridine ...... Non-detect ... 14 4±Chlorophenyl phenyl ether ...... Non-detect ... 670 6±Propyl-2-thiouracil ...... Non-detect ... 14 Acenaphthene ...... Non-detect ... 670 Acetone cyanohydrin ...... Non-detect ... 14 Allyl alcohol ...... Non-detect ... 30 Ammonium vanadate ...... Non-detect ... 32 Anthracene ...... Non-detect ... 670 Arochlor-1016 ...... Non-detect ... 1.4 Arochlor-1221 ...... Non-detect ... 1.4 Arochlor-1232 ...... Non-detect ... 1.4 Arochlor-1242 ...... Non-detect ... 1.4 Arochlor-1248 ...... Non-detect ... 1.4 Arochlor-1254 ...... Non-detect ... 1.4 Arochlor-1260 ...... Non-detect ... 1.4 Arsenic acid ...... Non-detect ... 0.27 Arsenic pentoxide ...... Non-detect ... 0.22 Arsenic trioxide ...... Non-detect ... 0.19 Barium Cyanide ...... Non-detect ... 3.7 Benzal chloride ...... Non-detect ... 14 Benzenethiol ...... Non-detect ... 30 Benzyl chloride ...... Non-detect ... 14 Bis(2-chloroethoxy)methane ...... Non-detect ... 670 Bis(2-chloroethyl)ether ...... Non-detect ... 670 Bis(2-ethylhexyl)phthalate ...... Non-detect ... 670 Bromide ...... Non-detect ... 5.0 Bromodichloromethane ...... Non-detect ... 34 Calcium Cyanide ...... Non-detect ... 1.8 Calcium chromate ...... Non-detect ... 4.2 Chlordane ...... Non-detect ... 14 Chloride ...... 6.2 ...... 43504 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

TABLE 1.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE GASOLINE SPECIFICATIONÐContinued

Concentration limit (mg/kg Maximum de- Chemical name at 10,000 tection limit Btu/lb) (mg/kg)

Chloroethane ...... Non-detect ... 34 Copper Cyanide ...... Non-detect ... 1.7 Cyanide ...... Non-detect ... 1.0 Cyanogen Bromide ...... Non-detect ... 6.6 Cyanogen Chloride ...... Non-detect ... 100 Di-selenium-tetra-sulfide ...... Non-detect ... 830 Dibenzofuran ...... Non-detect ... 670 Dibromochloromethane ...... Non-detect ... 34 Endosulfan I ...... Non-detect ... 1.4 Endosulfan II ...... Non-detect ... 1.4 Endothal ...... Non-detect ... 14 Endrin ...... Non-detect ... 1.4 Endrin aldehyde ...... Non-detect ... 1.4 Endrin ketone ...... Non-detect ... 1.4 Epichlorohydrin ...... Non-detect ... 30 Ethyl carbamate ...... Non-detect ... 14 Ethylene glycol monoethyl ether ...... Non-detect ... 14 Ethylenethiourea (2±Imidazolidinethione) ...... Non-detect ... 14 Fluoride ...... Non-detect ... 3.0 Heptachlor ...... Non-detect ... 1.4 Heptachlor epoxide ...... Non-detect ... 2.8 Lead acetate ...... Non-detect ... 13 Lead phosphate ...... Non-detect ... 9.2 MNNG (N-Methyl-N-nitroso-N'-nitroguanidine) ...... Non-detect ... 14 Methomyl ...... Non-detect ... 7.0 N-Nitrosodiphenylamine ...... Non-detect ... 670 Nickel Cyanide ...... Non-detect ... 3.5 Nickel carbonyl ...... Non-detect ... 8.2 Nicotine ...... Non-detect ... 14 Octachlorodibenzodioxin ...... Non-detect ... 18 Octachlorodibenzofuran ...... Non-detect ... 18 Osmium tetraoxide ...... Non-detect ... 41 Phenanthrene ...... Non-detect ... 670 Phenylthiourea ...... Non-detect ... 7.0 Potassium Cyanide ...... Non-detect ... 2.5 Potassium Silver Cyanide ...... Non-detect ... 2.9 Propargyl alcohol ...... Non-detect ... 30 Pyrene ...... Non-detect ... 670 Selenium dioxide ...... Non-detect ... 0.20 Selenium sulfide ...... Non-detect ... 0.31 Silver Cyanide ...... Non-detect ... 2.6 Silvex ...... Non-detect ... 7.0 Strychnine ...... Non-detect ... 14 Tetra-selenium-tetra-sulfide ...... Non-detect ... 1600 Tetraethyl lead ...... Non-detect ... 11 Thallium acetate ...... Non-detect ... 18 Thallium carbonate ...... Non-detect ... 16 Thallium chloride ...... Non-detect ... 17 Thallium nitrate ...... Non-detect ... 18 Thallium oxide ...... Non-detect ... 15 Thallium sulfate ...... Non-detect ... 17 Thioacetamide ...... Non-detect ... 7.0 Thiofanox ...... Non-detect ... 14 Thiourea ...... Non-detect ... 7.0 Toluene-2,4-diamine ...... Non-detect ... 7.0 Toluene-2,6-diamine ...... Non-detect ... 7.0 Vanadium pentoxide ...... Non-detect ... 18 Zinc Cyanide ...... Non-detect ... 2.3 Zinc phosphide ...... Non-detect ... 0.37 alpha-BHC ...... Non-detect ... 1.4 beta-BHC ...... Non-detect ... 1.4 delta-BHC ...... Non-detect ... 1.4 gamma-BHC (Lindane) ...... Non-detect ... 1.4 m-Dinitrobenzene ...... Non-detect ... 670 p-Toluidine ...... Non-detect ... 14 trans-1,3±Dichloropropene ...... Non-detect ... 34 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43505

TABLE 2.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE NUMBER 2 FUEL OIL SPECIFICATION

Concentration limit (mg/kg Maximum de- Chemical name at 10,000 tection limit Btu/lb) (mg/kg)

1,1,1-Trichloroethane ...... Non-detect ... 34 1,1,2-Trichloro-1,2,2-trifluoroethane ...... Non-detect ... 30 1,1-Dichloro-1-propene ...... Non-detect ... 30 1,1-Dichloroethane ...... Non-detect ... 34 1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin ...... Non-detect ... 75 1,2,3,4,6,7,8-Heptachlorodibenzo-p-furan ...... Non-detect ... 75 1,2,3,4-Tetrachlorobenzene ...... Non-detect ... 100 1,2,3,5-Tetrachlorobenzene ...... Non-detect ... 100 1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin ...... Non-detect ... 75 1,2,3,6,7,8-Hexachlorodibenzo-p-furan ...... Non-detect ... 75 1,2,3,7,8-Pentachlorodibenzo-p-dioxin ...... Non-detect ... 75 1,2,3,7,8-Pentachlorodibenzo-p-furan ...... Non-detect ... 75 1,2,3-Trichlorobenzene ...... Non-detect ... 100 1,2-Dichloroethane ...... Non-detect ... 34 1,2-Dichloropropane ...... Non-detect ... 34 1,3-Dichloro-2-propanol ...... Non-detect ... 30 1,3-Dichloropropane ...... Non-detect ... 30 1,3-Propane sultone ...... Non-detect ... 100 1-Chloronaphthalene ...... Non-detect ... 100 2,2-Dichloropropane ...... Non-detect ... 30 2,3,4,5-Tetrachlorophenol ...... Non-detect ... 100 2,3,4-Trichlorophenol ...... Non-detect ... 100 2,3,5-Trichlorophenol ...... Non-detect ... 100 2,3,6-Trichlorophenol ...... Non-detect ... 100 2,3,7,8-Tetrachlorodibenzo-p-dioxin ...... Non-detect ... 30 2,3,7,8-Tetrachlorodibenzo-p-furan ...... Non-detect ... 30 2,3-Dichloro-1-propene ...... Non-detect ... 30 2,3-Dichlorophenol ...... Non-detect ... 100 2,4-D ...... Non-detect ... 6.0 2,5-Dichlorophenol ...... Non-detect ... 100 2-Fluoroacetamide ...... Non-detect ... 100 2-Methylnaphthalene ...... 3400 ...... 2-Nitropropane ...... Non-detect ... 30 3,3′-Dimethoxybenzidine ...... Non-detect ... 100 3,4-Dichlorophenol ...... Non-detect ... 100 3,5-Dichlorophenol ...... Non-detect ... 100 3-/4-Chlorophenol ...... Non-detect ... 100 3-Nitroaniline ...... Non-detect ... 1200 4,4′-methylene-bis(2-chloroaniline) ...... Non-detect ... 100 4-Aminopyrridine ...... Non-detect ... 100 4-Chlorophenyl phenyl ether ...... Non-detect ... 1200 6-Propyl-2-thiouracil ...... Non-detect ... 100 Acenaphthene ...... Non-detect ... 1200 Acetone cyanohydrin ...... Non-detect ... 100 Allyl alcohol ...... Non-detect ... 30 Ammonium vanadate ...... Non-detect ... 28 Anthracene ...... Non-detect ... 1200 Arochlor-1016 ...... Non-detect ... 1.2 Arochlor-1221 ...... Non-detect ... 1.2 Arochlor-1232 ...... Non-detect ... 1.2 Arochlor-1242 ...... Non-detect ... 1.2 Arochlor-1248 ...... Non-detect ... 1.2 Arochlor-1254 ...... Non-detect ... 1.2 Arochlor-1260 ...... Non-detect ... 1.2 Arsenic acid ...... Non-detect ... 0.23 Arsenic pentoxide ...... Non-detect ... 0.18 Arsenic trioxide ...... Non-detect ... 0.16 Barium Cyanide ...... Non-detect ... 3.7 Benzal chloride ...... Non-detect ... 100 Benzenethiol ...... Non-detect ... 30 Benzyl chloride ...... Non-detect ... 100 Bis(2-chloroethoxy)methane ...... Non-detect ... 1200 Bis(2-chloroethyl)ether ...... Non-detect ... 1200 Bis(2-ethylhexyl)phthalate ...... Non-detect ... 1200 Bromide ...... Non-detect ... 5.0 Bromodichloromethane ...... Non-detect ... 34 Calcium Cyanide ...... Non-detect ... 1.8 Calcium chromate ...... Non-detect ... 3.6 Chlordane ...... Non-detect ... 12 43506 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

TABLE 2.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE NUMBER 2 FUEL OIL SPECIFICATIONÐContinued

Concentration limit (mg/kg Maximum de- Chemical name at 10,000 tection limit Btu/lb) (mg/kg)

Chloride ...... Non-detect ... 5.0 Chloroethane ...... Non-detect ... 34 Copper Cyanide ...... Non-detect ... 1.7 Cyanide ...... Non-detect ... 1.0 Cyanogen Bromide ...... Non-detect ... 6.6 Cyanogen Chloride ...... Non-detect ... 8.6 Di-selenium-tetra-sulfide ...... Non-detect ... 370 Dibenzofuran ...... Non-detect ... 1200 Dibromochloromethane ...... Non-detect ... 34 Endosulfan I ...... Non-detect ... 1.2 Endosulfan II ...... Non-detect ... 1.2 Endothal ...... Non-detect ... 100 Endrin ...... Non-detect ... 1.2 Endrin aldehyde ...... Non-detect ... 1.2 Endrin ketone ...... Non-detect ... 1.2 Epichlorohydrin ...... Non-detect ... 30 Ethyl carbamate ...... Non-detect ... 100 Ethylene glycol monoethyl ether ...... Non-detect ... 100 Ethylenethiourea (2-Imidazolidinethione) ...... Non-detect ... 12 Fluoride ...... Non-detect ... 3.0 Heptachlor ...... Non-detect ... 1.2 Heptachlor epoxide ...... Non-detect ... 2.4 Lead acetate ...... Non-detect ... 22 Lead phosphate ...... Non-detect ... 15 MNNG (N-Metyl-N-nitroso-N′-nitroguanidine) ...... Non-detect ... 12 Methomyl ...... Non-detect ... 6.0 N-Nitrosodiphenylamine ...... Non-detect ... 1200 Nickel Cyanide ...... Non-detect ... 3.5 Nickel carbonyl ...... Non-detect ... 7.0 Nicotine ...... Non-detect ... 100 Octachlorodibenzodioxin ...... Non-detect ... 150 Octachlorodibenzofuran ...... Non-detect ... 150 Osmium tetraoxide ...... Non-detect ... 40 Phenanthrene ...... 860 ...... Phenylthiourea ...... Non-detect ... 6.0 Potassium Cyanide ...... Non-detect ... 2.5 Potassium Silver Cyanide ...... Non-detect ... 2.9 Propargyl alcohol ...... Non-detect ... 30 Pyrene ...... Non-detect ... 1200 Selenium dioxide ...... Non-detect ... 0.21 Selenium sulfide ...... Non-detect ... 0.34 Silver Cyanide ...... Non-detect ... 2.6 Silvex ...... Non-detect ... 6.0 Strychnine ...... Non-detect ... 100 Tetra-selenium-tetra-sulfide ...... Non-detect ... 710 Tetraethyl lead ...... Non-detect ... 18 Thallium acetate ...... Non-detect ... 15 Thallium carbonate ...... Non-detect ... 14 Thallium chloride ...... Non-detect ... 14 Thallium nitrate ...... Non-detect ... 16 Thallium oxide ...... Non-detect ... 12 Thallium sulfate ...... Non-detect ... 15 Thioacetamide ...... Non-detect ... 6.0 Thiofanox ...... Non-detect ... 100 Thiourea ...... Non-detect ... 6.0 Toluene-2,4-diamine ...... Non-detect ... 6.0 Toluene-2,6-diamine ...... Non-detect ... 6.0 Vanadium pentoxide ...... Non-detect ... 18 Zinc Cyanide ...... Non-detect ... 2.3 Zinc phosphide ...... Non-detect ... 0.32 alpha-BHC ...... Non-detect ... 1.2 beta-BHC ...... Non-detect ... 1.2 delta-BHC ...... Non-detect ... 1.2 gamma-BHC (Lindane) ...... Non-detect ... 1.2 m-Dinitrobenzene ...... Non-detect ... 1200 p-Toluidine ...... Non-detect ... 100 trans-1,3-Dichloropropene ...... Non-detect ... 34 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43507

TABLE 3.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSILE NUMBER 4 FUEL OIL SPECIFICATION

Concentration limit (mg/kg Maximum de- Chemical name at 10,000 tection limit Btu/lb) (mg/kg)

1,1,1-Trichloroethane ...... Non-detect ... 17 1,1,2-Trichloro-1,2,2-trifluoroethane ...... Non-detect ... 29 1,1-Dichloro-1-propene ...... Non-detect ... 29 1,1-Dichloroethane ...... Non-detect ... 17 1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin ...... Non-detect ... 72 1,2,3,4,6,7,8-Heptachlorodibenzo-p-furan ...... Non-detect ... 72 1,2,3,4-Tetrachlorobenzene ...... Non-detect ... 100 1,2,3,5-Tetrachlorobenzene ...... Non-detect ... 100 1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin ...... Non-detect ... 72 1,2,3,6,7,8-Hexachlorodibenzo-p-furan ...... Non-detect ... 72 1,2,3,7,8-Pentachlorodibenzo-p-dioxin ...... Non-detect ... 72 1,2,3,7,8-Pentachlorodibenzo-p-furan ...... Non-detect ... 72 1,2,3-Trichlorobenzene ...... Non-detect ... 100 1,2-Dichloroethane ...... Non-detect ... 17 1,2-Dichloropropane ...... Non-detect ... 17 1,3-Dichloro-2-propanol ...... Non-detect ... 29 1,3-Dichloropropane ...... Non-detect ... 29 1,3-Propane sultone ...... Non-detect ... 100 1-Chloronaphthalene ...... Non-detect ... 100 2,2-Dichloropropane ...... Non-detect ... 29 2,3,4,5-Tetrachlorophenol ...... Non-detect ... 100 2,3,4-Trichlorophenol ...... Non-detect ... 100 2,3,5-Trichlorophenol ...... Non-detect ... 100 2,3,6-Trichlorophenol ...... Non-detect ... 100 2,3,7,8-Tetrachlorodibenzo-p-dioxin ...... Non-detect ... 29 2,3,7,8-Tetrachlorodibenzo-p-furan ...... Non-detect ... 29 2,3-Dichloro-1-propene ...... Non-detect ... 29 2,3-Dichlorophenol ...... Non-detect ... 100 2,4-D ...... Non-detect ... 5.7 2,5-Dichlorophenol ...... Non-detect ... 100 2-Fluoroacetamide ...... Non-detect ... 100 2-Methylnaphthalene ...... 1000 ...... ± 2-Nitropropane ...... Non-detect ... 29 3,3′-Dimethoxybenzidine ...... Non-detect ... 100 3,4-Dichlorophenol ...... Non-detect ... 100 3,5-Dichlorophenol ...... Non-detect ... 100 3-/4-Chlorophenol ...... Non-detect ... 100 3-Nitroaniline ...... Non-detect ... 200 4,4′-methylene-bis(2-chloroaniline) ...... Non-detect ... 100 4-Aminopyrridine ...... Non-detect ... 100 4-Chlorophenyl phenyl ether ...... Non-detect ... 200 6-Propyl-2-thiouracil ...... Non-detect ... 100 Acenaphthene ...... Non-detect ... 200 Acetone cyanohydrin ...... Non-detect ... 100 Allyl alcohol ...... Non-detect ... 29 Ammonium vanadate ...... Non-detect ... 68 Anthracene ...... Non-detect ... 200 Arochlor-1016 ...... Non-detect ... 1.1 Arochlor-1221 ...... Non-detect ... 1.1 Arochlor-1232 ...... Non-detect ... 1.1 Arochlor-1242 ...... Non-detect ... 1.1 Arochlor-1248 ...... Non-detect ... 1.1 Arochlor-1254 ...... Non-detect ... 1.1 Arochlor-1260 ...... Non-detect ... 1.1 Arsenic acid ...... Non-detect ... 0.43 Arsenic pentoxide ...... Non-detect ... 0.35 Arsenic trioxide ...... Non-detect ... 0.30 Barium Cyanide ...... Non-detect ... 3.7 Benzal chloride ...... Non-detect ... 100 Benzenethiol ...... Non-detect ... 29 Benzyl chloride ...... Non-detect ... 100 Bis(2-chloroethoxy)methane ...... Non-detect ... 200 Bis(2-chloroethyl)ether ...... Non-detect ... 200 Bis(2-ethylhexyl)phthalate ...... Non-detect ... 200 Bromide ...... Non-detect ... 5.0 Bromodichloromethane ...... Non-detect ... 17 Calcium Cyanide ...... Non-detect ... 1.8 Calcium chromate ...... Non-detect ... 6.9 Chlordane ...... Non-detect ... 11 43508 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

TABLE 3.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSILE NUMBER 4 FUEL OIL SPECIFICATIONÐContinued

Concentration limit (mg/kg Maximum de- Chemical name at 10,000 tection limit Btu/lb) (mg/kg)

Chloride ...... Non-detect ... 5.0 Chloroethane ...... Non-detect ... 17 Copper Cyanide ...... Non-detect ... 1.7 Cyanide ...... Non-detect ... 1.0 Cyanogen Bromide ...... Non-detect ... 6.6 Cyanogen Chloride ...... Non-detect ... 8.6 Di-selenium-tetra-sulfide ...... Non-detect ... 1300 Dibenzofuran ...... Non-detect ... 200 Dibromochloromethane ...... Non-detect ... 17 Endosulfan I ...... Non-detect ... 1.1 Endosulfan II ...... Non-detect ... 1.1 Endothal ...... Non-detect ... 100 Endrin ...... Non-detect ... 1.1 Endrin aldehyde ...... Non-detect ... 1.1 Endrin ketone ...... Non-detect ... 1.1 Epichlorohydrin ...... Non-detect ... 29 Ethyl carbamate ...... Non-detect ... 100 Ethylene glycol monoethyl ether ...... Non-detect ... 100 Ethylenethiourea (2-Imidazolidinethione) ...... Non-detect ... 110 Fluoride ...... Non-detect ... 3.0 Heptachlor ...... Non-detect ... 1.1 Heptachlor epoxide ...... Non-detect ... 2.3 Lead acetate ...... Non-detect ... 34 Lead phosphate ...... Non-detect ... 24 MNNG (N-Metyl-N-nitroso-N′-nitroguanidine) ...... Non-detect ... 110 Methomyl ...... Non-detect ... 57 N-Nitrosodiphenylamine ...... Non-detect ... 200 Nickel Cyanide ...... Non-detect ... 3.5 Nickel carbonyl ...... Non-detect ... 13 Nicotine ...... Non-detect ... 100 Octachlorodibenzodioxin ...... Non-detect ... 140 Octachlorodibenzofuran ...... Non-detect ... 140 Osmium tetraoxide ...... Non-detect ... 40 Phenanthrene ...... 250 ...... ± Phenylthiourea ...... Non-detect ... 57 Potassium Cyanide ...... Non-detect ... 2.5 Potassium Silver Cyanide ...... Non-detect ... 2.9 Propargyl alcohol ...... Non-detect ... 29 Pyrene ...... Non-detect ... 200 Selenium dioxide ...... Non-detect ... 0.35 Selenium sulfide ...... Non-detect ... 0.56 Silver Cyanide ...... Non-detect ... 2.6 Silvex ...... Non-detect ... 5.7 Strychnine ...... Non-detect ... 100 Tetra-selenium-tetra-sulfide ...... Non-detect ... 2400 Tetraethyl lead ...... Non-detect ... 29 Thallium acetate ...... Non-detect ... 30 Thallium carbonate ...... Non-detect ... 26 Thallium chloride ...... Non-detect ... 27 Thallium nitrate ...... Non-detect ... 30 Thallium oxide ...... Non-detect ... 24 Thallium sulfate ...... Non-detect ... 28 Thioacetamide ...... Non-detect ... 57 Thiofanox ...... Non-detect ... 100 Thiourea ...... Non-detect ... 57 Toluene-2,4-diamine ...... Non-detect ... 57 Toluene-2,6-diamine ...... Non-detect ... 57 Vanadium pentoxide ...... Non-detect ... 18 Zinc Cyanide ...... Non-detect ... 2.3 Zinc phosphide ...... Non-detect ... 0.75 alpha-BHC ...... Non-detect ... 1.1 beta-BHC ...... Non-detect ... 1.1 delta-BHC ...... Non-detect ... 1.1 gamma-BHC (Lindane) ...... Non-detect ... 1.1 m-Dinitrobenzene ...... Non-detect ... 200 p-Toluidine ...... Non-detect ... 100 trans-1,3-Dichloropropene ...... Non-detect ... 17 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43509

TABLE 4.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE NUMBER 6 FUEL OIL SPECIFICATION

Concentration limit (mg/kg Maximum de- Chemical name at 10,000 tection limit Btu/lb) (mg/kg)

1,1,1-Trichloroethane ...... Non-detect ... 21 1,1,2-Trichloro-1,2,2-trifluoroethane ...... Non-detect ... 26 1,1-Dichloro-1-propene ...... Non-detect ... 26 1,1-Dichloroethane ...... Non-detect ... 21 1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin ...... Non-detect ... 64 1,2,3,4,6,7,8-Heptachlorodibenzo-p-furan ...... Non-detect ... 64 1,2,3,4-Tetrachlorobenzene ...... Non-detect ... 100 1,2,3,5-Tetrachlorobenzene ...... Non-detect ... 100 1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin ...... Non-detect ... 64 1,2,3,6,7,8-Hexachlorodibenzo-p-furan ...... Non-detect ... 64 1,2,3,7,8-Pentachlorodibenzo-p-dioxin ...... Non-detect ... 64 1,2,3,7,8-Pentachlorodibenzo-p-furan ...... Non-detect ... 64 1,2,3-Trichlorobenzene ...... Non-detect ... 100 1,2-Dichloroethane ...... Non-detect ... 21 1,2-Dichloropropane ...... Non-detect ... 21 1,3-Dichloro-2-propanol ...... Non-detect ... 26 1,3-Dichloropropane ...... Non-detect ... 26 1,3-Propane sultone ...... Non-detect ... 100 1-Chloronaphthalene ...... Non-detect ... 100 2,2-Dichloropropane ...... Non-detect ... 26 2,3,4,5-Tetrachlorophenol ...... Non-detect ... 100 2,3,4-Trichlorophenol ...... Non-detect ... 100 2,3,5-Trichlorophenol ...... Non-detect ... 100 2,3,6-Trichlorophenol ...... Non-detect ... 100 2,3,7,8-Tetrachlorodibenzo-p-dioxin ...... Non-detect ... 26 2,3,7,8-Tetrachlorodibenzo-p-furan ...... Non-detect ... 26 2,3-Dichloro-1-propene ...... Non-detect ... 26 2,3-Dichlorophenol ...... Non-detect ... 100 2,4-D ...... Non-detect ... 5.1 2,5-Dichlorophenol ...... Non-detect ... 100 2-Fluoroacetamide ...... Non-detect ... 100 2-Methylnaphthalene ...... 4200 ...... 2-Nitropropane ...... Non-detect ... 26 3,3′-Dimethoxybenzidine ...... Non-detect ... 100 3,4-Dichlorophenol ...... Non-detect ... 100 3,5-Dichlorophenol ...... Non-detect ... 100 3-/4-Chlorophenol ...... Non-detect ... 100 3-Nitroaniline ...... Non-detect ... 980 4,4′-methylene-bis(2-chloroaniline) ...... Non-detect ... 100 4-Aminopyrridine ...... Non-detect ... 100 4-Chlorophenyl phenyl ether ...... Non-detect ... 980 6-Propyl-2-thiouracil ...... Non-detect ... 100 Acenaphthene ...... Non-detect ... 980 Acetone cyanohydrin ...... Non-detect ... 100 Allyl alcohol ...... Non-detect ... 26 Ammonium vanadate ...... Non-detect ... 590 Anthracene ...... Non-detect ... 980 Arochlor-1016 ...... Non-detect ... 1.0 Arochlor-1221 ...... Non-detect ... 1.0 Arochlor-1232 ...... Non-detect ... 1.0 Arochlor-1242 ...... Non-detect ... 1.0 Arochlor-1248 ...... Non-detect ... 1.0 Arochlor-1254 ...... Non-detect ... 1.0 Arochlor-1260 ...... Non-detect ... 1.0 Arsenic acid ...... Non-detect ... 0.39 Arsenic pentoxide ...... Non-detect ... 0.31 Arsenic trioxide ...... Non-detect ... 0.27 Barium Cyanide ...... Non-detect ... 3.7 Benzal chloride ...... Non-detect ... 100 Benzenethiol ...... Non-detect ... 26 Benzyl chloride ...... Non-detect ... 100 Bis(2-chloroethoxy)methane ...... Non-detect ... 980 Bis(2-chloroethyl)ether ...... Non-detect ... 980 Bis(2-ethylhexyl)phthalate ...... Non-detect ... 980 Bromide ...... Non-detect ... 5.0 Bromodichloromethane ...... Non-detect ... 21 Calcium Cyanide ...... Non-detect ... 1.8 Calcium chromate ...... Non-detect ... 6.1 Chlordane ...... Non-detect ... 10 43510 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

TABLE 4.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE NUMBER 6 FUEL OIL SPECIFICATIONÐContinued

Concentration limit (mg/kg Maximum de- Chemical name at 10,000 tection limit Btu/lb) (mg/kg)

Chloride ...... Non-detect ... 5.0 Chloroethane ...... Non-detect ... 21 Copper Cyanide ...... Non-detect ... 1.7 Cyanide ...... Non-detect ... 1.0 Cyanogen Bromide ...... Non-detect ... 6.6 Cyanogen Chloride ...... Non-detect ... 8.6 Di-selenium-tetra-sulfide ...... Non-detect ... 1400 Dibenzofuran ...... Non-detect ... 980 Dibromochloromethane ...... Non-detect ... 21 Endosulfan I ...... Non-detect ... 1.0 Endosulfan II ...... Non-detect ... 1.0 Endothal ...... Non-detect ... 100 Endrin ...... Non-detect ... 1.0 Endrin aldehyde ...... Non-detect ... 1.0 Endrin ketone ...... Non-detect ... 1.0 Epichlorohydrin ...... Non-detect ... 26 Ethyl carbamate ...... Non-detect ... 100 Ethylene glycol monoethyl ether ...... Non-detect ... 100 Ethylenethiourea (2-Imidazolidinethione) ...... Non-detect ... 100 Fluoride ...... Non-detect ... 3.0 Heptachlor ...... Non-detect ... 1.0 Heptachlor epoxide ...... Non-detect ... 2.0 Lead acetate ...... Non-detect ... 110 Lead phosphate ...... Non-detect ... 79 MNNG (N-Metyl-N-nitroso-N′-nitroguanidine) ...... Non-detect ... 100 Methomyl ...... Non-detect ... 50 N-Nitrosodiphenylamine ...... Non-detect ... 980 Nickel Cyanide ...... Non-detect ... 3.5 Nickel carbonyl ...... Non-detect ... 330 Nicotine ...... Non-detect ... 100 Octachlorodibenzodioxin ...... Non-detect ... 130 Octachlorodibenzofuran ...... Non-detect ... 130 Osmium tetraoxide ...... Non-detect ... 40 Phenanthrene ...... 860 ...... Phenylthiourea ...... Non-detect ... 50 Potassium Cyanide ...... Non-detect ... 2.5 Potassium Silver Cyanide ...... Non-detect ... 2.9 Propargyl alcohol ...... Non-detect ... 26 Pyrene ...... 610 ...... Selenium dioxide ...... Non-detect ... 0.40 Selenium sulfide ...... Non-detect ... 0.63 Silver Cyanide ...... Non-detect ... 2.6 Silvex ...... Non-detect ... 5.1 Strychnine ...... Non-detect ... 100 Tetra-selenium-tetra-sulfide ...... Non-detect ... 2600 Tetraethyl lead ...... Non-detect ... 94 Thallium acetate ...... Non-detect ... 26 Thallium carbonate ...... Non-detect ... 23 Thallium chloride ...... Non-detect ... 24 Thallium nitrate ...... Non-detect ... 27 Thallium oxide ...... Non-detect ... 21 Thallium sulfate ...... Non-detect ... 25 Thioacetamide ...... Non-detect ... 50 Thiofanox ...... Non-detect ... 100 Thiourea ...... Non-detect ... 50 Toluene-2,4-diamine ...... Non-detect ... 50 Toluene-2,6-diamine ...... Non-detect ... 50 Vanadium pentoxide ...... Non-detect ... 18 Zinc Cyanide ...... Non-detect ... 2.3 Zinc phosphide ...... Non-detect ... 11 alpha-BHC ...... Non-detect ... 5.0 beta-BHC ...... Non-detect ... 5.0 delta-BHC ...... Non-detect ... 1.0 gamma-BHC (Lindane) ...... Non-detect ... 1.0 m-Dinitrobenzene ...... Non-detect ... 980 p-Toluidine ...... Non-detect ... 100 trans-1,3-Dichloropropene ...... Non-detect ... 21 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43511

TABLE 5.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE COMPOSITE FUEL SPECIFICATIONÐ50TH PERCENTILE ANALYSIS

Concentration limit (mg/kg Maximum de- Chemical name at 10,000 tection limit Btu/lb) (mg/kg)

1,1,1-Trichloroethane ...... Non-detect ... 17 1,1,2-Trichloro-1,2,2-trifluoroethane ...... Non-detect ... 29 1,1-Dichloro-1-propene ...... Non-detect ... 29 1,1-Dichloroethane ...... Non-detect ... 17 1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin ...... Non-detect ... 64 1,2,3,4,6,7,8-Heptachlorodibenzo-p-furan ...... Non-detect ... 64 1,2,3,4-Tetrachlorobenzene ...... Non-detect ... 100 1,2,3,5-Tetrachlorobenzene ...... Non-detect ... 100 1,2,3,6,7,8-Hexachlorodibenzo-p-dioxin ...... Non-detect ... 64 1,2,3,6,7,8-Hexachlorodibenzo-p-furan ...... Non-detect ... 64 1,2,3,7,8-Pentachlorodibenzo-p-dioxin ...... Non-detect ... 64 1,2,3,7,8-Pentachlorodibenzo-p-furan ...... Non-detect ... 64 1,2,3-Trichlorobenzene ...... Non-detect ... 100 1,2-Dichloroethane ...... Non-detect ... 17 1,2-Dichloropropane ...... Non-detect ... 17 1,3-Dichloro-2-propanol ...... Non-detect ... 29 1,3-Dichloropropane ...... Non-detect ... 29 1,3-Propane sultone ...... Non-detect ... 100 1-Chloronaphthalene ...... Non-detect ... 100 2,2-Dichloropropane ...... Non-detect ... 29 2,3,4,5-Tetrachlorophenol ...... Non-detect ... 100 2,3,4-Trichlorophenol ...... Non-detect ... 100 2,3,5-Trichlorophenol ...... Non-detect ... 100 2,3,6-Trichlorophenol ...... Non-detect ... 100 2,3,7,8-Tetrachlorodibenzo-p-dioxin ...... Non-detect ... 26 2,3,7,8-Tetrachlorodibenzo-p-furan ...... Non-detect ... 26 2,3-Dichloro-1-propene ...... Non-detect ... 29 2,3-Dichlorophenol ...... Non-detect ... 100 2,4-D ...... Non-detect ... 5.7 2,5-Dichlorophenol ...... Non-detect ... 100 2-Fluoroacetamide ...... Non-detect ... 100 2-Methylnaphthalene ...... 1000 ...... 2-Nitropropane ...... Non-detect ... 29 3,3′-Dimethoxybenzidine ...... Non-detect ... 100 3,4-Dichlorophenol ...... Non-detect ... 100 3,5-Dichlorophenol ...... Non-detect ... 100 3-/4-Chlorophenol ...... Non-detect ... 100 3-Nitroaniline ...... Non-detect ... 220 4,4′-methylene-bis(2-chloroaniline) ...... Non-detect ... 100 4-Aminopyrridine ...... Non-detect ... 100 4-Chlorophenyl phenyl ether ...... Non-detect ... 220 6-Propyl-2-thiouracil ...... Non-detect ... 100 Acenaphthene ...... Non-detect ... 220 Acetone cyanohydrin ...... Non-detect ... 100 Allyl alcohol ...... Non-detect ... 29 Ammonium vanadate ...... Non-detect ... 31 Anthracene ...... Non-detect ... 220 Arochlor-1016 ...... Non-detect ... 1.1 Arochlor-1221 ...... Non-detect ... 1.1 Arochlor-1232 ...... Non-detect ... 1.1 Arochlor-1242 ...... Non-detect ... 1.1 Arochlor-1248 ...... Non-detect ... 1.1 Arochlor-1254 ...... Non-detect ... 1.1 Arochlor-1260 ...... Non-detect ... 1.1 Arsenic acid ...... Non-detect ... 0.27 Arsenic pentoxide ...... Non-detect ... 0.22 Arsenic trioxide ...... Non-detect ... 0.19 Barium Cyanide ...... Non-detect ... 3.7 Benzal chloride ...... Non-detect ... 100 Benzenethiol ...... Non-detect ... 29 Benzyl chloride ...... Non-detect ... 100 Bis(2-chloroethoxy)methane ...... Non-detect ... 220 Bis(2-chloroethyl)ether ...... Non-detect ... 220 Bis(2-ethylhexyl)phthalate ...... Non-detect ... 220 Bromide ...... Non-detect ... 5.0 Bromodichloromethane ...... Non-detect ... 17 Calcium Cyanide ...... Non-detect ... 1.8 Calcium chromate ...... Non-detect ... 4.2 43512 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

TABLE 5.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE COMPOSITE FUEL SPECIFICATIONÐ50TH PERCENTILE ANALYSISÐContinued

Concentration limit (mg/kg Maximum de- Chemical name at 10,000 tection limit Btu/lb) (mg/kg)

Chlordane ...... Non-detect ... 11 Chloride ...... 2.6 ...... Chloroethane ...... Non-detect ... 17 Copper Cyanide ...... Non-detect ... 1.7 Cyanide ...... Non-detect ... 1.0 Cyanogen Bromide ...... Non-detect ... 6.6 Cyanogen Chloride ...... Non-detect ... 8.6 Di-selenium-tetra-sulfide ...... Non-detect ... 420 Dibenzofuran ...... Non-detect ... 220 Dibromochloromethane ...... Non-detect ... 17 Endosulfan I ...... Non-detect ... 1.1 Endosulfan II ...... Non-detect ... 1.1 Endothal ...... Non-detect ... 100 Endrin ...... Non-detect ... 1.1 Endrin aldehyde ...... Non-detect ... 1.1 Endrin ketone ...... Non-detect ... 1.1 Epichlorohydrin ...... Non-detect ... 29 Ethyl carbamate ...... Non-detect ... 100 Ethylene glycol monoethyl ether ...... Non-detect ... 100 Ethylenethiourea (2-Imidazolidinethione) ...... Non-detect ... 14 Fluoride ...... Non-detect ... 3.0 Heptachlor ...... Non-detect ... 1.1 Heptachlor epoxide ...... Non-detect ... 2.3 Lead acetate ...... Non-detect ... 26 Lead phosphate ...... Non-detect ... 18 MNNG (N-Metyl-N-nitroso-N′-nitroguanidine) ...... Non-detect ... 14 Methomyl ...... Non-detect ... 7.0 N-Nitrosodiphenylamine ...... Non-detect ... 220 Nickel Cyanide ...... Non-detect ... 3.5 Nickel carbonyl ...... Non-detect ... 8.2 Nicotine ...... Non-detect ... 100 Octachlorodibenzodioxin ...... Non-detect ... 130 Octachlorodibenzofuran ...... Non-detect ... 130 Osmium tetraoxide ...... Non-detect ... 40 Phenanthrene ...... 250 ...... Phenylthiourea ...... Non-detect ... 7.0 Potassium Cyanide ...... Non-detect ... 2.5 Potassium Silver Cyanide ...... Non-detect ... 2.9 Propargyl alcohol ...... Non-detect ... 29 Pyrene ...... 140 ...... Selenium dioxide ...... Non-detect ... 0.26 Selenium sulfide ...... Non-detect ... 0.41 Silver Cyanide ...... Non-detect ... 2.6 Silvex ...... Non-detect ... 5.7 Strychnine ...... Non-detect ... 100 Tetra-selenium-tetra-sulfide ...... Non-detect ... 810 Tetraethyl lead ...... Non-detect ... 22 Thallium acetate ...... Non-detect ... 18 Thallium carbonate ...... Non-detect ... 16 Thallium chloride ...... Non-detect ... 17 Thallium nitrate ...... Non-detect ... 18 Thallium oxide ...... Non-detect ... 15 Thallium sulfate ...... Non-detect ... 17 Thioacetamide ...... Non-detect ... 7.0 Thiofanox ...... Non-detect ... 100 Thiourea ...... Non-detect ... 7.0 Toluene-2,4-diamine ...... Non-detect ... 7.0 Toluene-2,6-diamine ...... Non-detect ... 7.0 Vanadium pentoxide ...... Non-detect ... 18 Zinc Cyanide ...... Non-detect ... 2.3 Zinc phosphide ...... Non-detect ... 0.37 alpha-BHC ...... Non-detect ... 1.2 beta-BHC ...... Non-detect ... 1.2 delta-BHC ...... Non-detect ... 1.1 gamma-BHC (Lindane) ...... Non-detect ... 1.1 m-Dinitrobenzene ...... Non-detect ... 220 p-Toluidine ...... Non-detect ... 100 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43513

TABLE 5.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE COMPOSITE FUEL SPECIFICATIONÐ50TH PERCENTILE ANALYSISÐContinued

Concentration limit (mg/kg Maximum de- Chemical name at 10,000 tection limit Btu/lb) (mg/kg) trans-1,3-Dichloropropene ...... Non-detect ... 17

TABLE 6.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE COMPOSITE FUEL SPECIFICATIONÐ90TH PERCENTILE ANALYSIS

Maximum de- Chemical name Concentration limit (mg/kg at 10,000 Btu/ tection limit lb) (mg/kg)

1,1,1±Trichloroethane ...... Non-detect ...... 34 1,1,2±Trichloro-1,2,2-trifluoroethane ...... Non-detect ...... 30 1,1±Dichloro-1-propene ...... Non-detect ...... 30 1,1±Dichloroethane ...... Non-detect ...... 34 1,2,3,4,6,7,8±Heptachlorodibenzo-p-dioxin ...... Non-detect ...... 74 1,2,3,4,6,7,8±Heptachlorodibenzo-p-furan ...... Non-detect ...... 74 1,2,3,4±Tetrachlorobenzene ...... Non-detect ...... 100 1,2,3,5±Tetrachlorobenzene ...... Non-detect ...... 100 1,2,3,6,7,8±Hexachlorodibenzo-p-dioxin ...... Non-detect ...... 74 1,2,3,6,7,8±Hexachlorodibenzo-p-furan ...... Non-detect ...... 74 1,2,3,7,8±Pentachlorodibenzo-p-dioxin ...... Non-detect ...... 74 1,2,3,7,8±Pentachlorodibenzo-p-furan ...... Non-detect ...... 74 1,2,3±Trichlorobenzene ...... Non-detect ...... 100 1,2±Dichloroethane ...... Non-detect ...... 34 1,2±Dichloropropane ...... Non-detect ...... 34 1,3±Dichloro-2-propanol ...... Non-detect ...... 30 1,3±Dichloropropane ...... Non-detect ...... 30 1,3±Propane sultone ...... Non-detect ...... 100 1±Chloronaphthalene ...... Non-detect ...... 100 2,2±Dichloropropane ...... Non-detect ...... 30 2,3,4,5±Tetrachlorophenol ...... Non-detect ...... 100 2,3,4±Trichlorophenol ...... Non-detect ...... 100 2,3,5±Trichlorophenol ...... Non-detect ...... 100 2,3,6±Trichlorophenol ...... Non-detect ...... 100 2,3,7,8±Tetrachlorodibenzo-p-dioxin ...... Non-detect ...... 30 2,3,7,8±Tetrachlorodibenzo-p-furan ...... Non-detect ...... 30 2,3±Dichloro-1-propene ...... Non-detect ...... 30 2,3±Dichlorophenol ...... Non-detect ...... 100 2,4±D ...... Non-detect ...... 6.7 2,5±Dichlorophenol ...... Non-detect ...... 100 2±Fluoroacetamide ...... Non-detect ...... 100 2±Methylnaphthalene ...... 2500 ...... ± 2±Nitropropane ...... Non-detect ...... 30 3,3′-Dimethoxybenzidine ...... Non-detect ...... 100 3,4±Dichlorophenol ...... Non-detect ...... 100 3,5±Dichlorophenol ...... Non-detect ...... 100 3-/4±Chlorophenol ...... Non-detect ...... 100 3±Nitroaniline ...... Non-detect ...... 700 4,4′-methylene-bis(2-chloroaniline) ...... Non-detect ...... 100 4±Aminopyrridine ...... Non-detect ...... 100 4±Chlorophenyl phenyl ether ...... Non-detect ...... 700 6±Propyl-2-thiouracil ...... Non-detect ...... 100 Acenaphthene ...... Non-detect ...... 700 Acetone cyanohydrin ...... Non-detect ...... 100 Allyl alcohol ...... Non-detect ...... 30 Ammonium vanadate ...... Non-detect ...... 86 Anthracene ...... Non-detect ...... 700 Arochlor-1016 ...... Non-detect ...... 1.3 Arochlor-1221 ...... Non-detect ...... 1.3 Arochlor-1232 ...... Non-detect ...... 1.3 Arochlor-1242 ...... Non-detect ...... 1.3 Arochlor-1248 ...... Non-detect ...... 1.3 Arochlor-1254 ...... Non-detect ...... 1.3 Arochlor-1260 ...... Non-detect ...... 1.3 Arsenic acid ...... Non-detect ...... 0.41 Arsenic pentoxide ...... Non-detect ...... 0.34 Arsenic trioxide ...... Non-detect ...... 0.29 Barium Cyanide ...... Non-detect ...... 3.7 43514 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

TABLE 6.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE COMPOSITE FUEL SPECIFICATIONÐ90TH PERCENTILE ANALYSISÐContinued

Maximum de- Chemical name Concentration limit (mg/kg at 10,000 Btu/ tection limit lb) (mg/kg)

Benzal chloride ...... Non-detect ...... 100 Benzenethiol ...... Non-detect ...... 30 Benzyl chloride ...... Non-detect ...... 100 Bis(2-chloroethoxy)methane ...... Non-detect ...... 700 Bis(2-chloroethyl)ether ...... Non-detect ...... 700 Bis(2-ethylhexyl)phthalate ...... Non-detect ...... 700 Bromide ...... Non-detect ...... 5.0 Bromodichloromethane ...... Non-detect ...... 34 Calcium Cyanide ...... Non-detect ...... 1.8 Calcium chromate ...... Non-detect ...... 6.6 Chlordane ...... Non-detect ...... 13 Chloride ...... 2.7 ...... ± Chloroethane ...... Non-detect ...... 34 Copper Cyanide ...... Non-detect ...... 1.7 Cyanide ...... Non-detect ...... 1.0 Cyanogen Bromide ...... Non-detect ...... 6.6 Cyanogen Chloride ...... Non-detect ...... 8.6 Di-selenium-tetra-sulfide ...... Non-detect ...... 1200 Dibenzofuran ...... Non-detect ...... 700 Dibromochloromethane ...... Non-detect ...... 34 Endosulfan I ...... Non-detect ...... 1.3 Endosulfan II ...... Non-detect ...... 1.3 Endothal ...... Non-detect ...... 100 Endrin ...... Non-detect ...... 1.3 Endrin aldehyde ...... Non-detect ...... 1.3 Endrin ketone ...... Non-detect ...... 1.3 Epichlorohydrin ...... Non-detect ...... 30 Ethyl carbamate ...... Non-detect ...... 100 Ethylene glycol monoethyl ether ...... Non-detect ...... 100 Ethylenethiourea (2±Imidazolidinethione) ...... Non-detect ...... 110 Fluoride ...... Non-detect ...... 3.0 Heptachlor ...... Non-detect ...... 1.3 Heptachlor epoxide ...... Non-detect ...... 2.7 Lead acetate ...... Non-detect ...... 74 Lead phosphate ...... Non-detect ...... 53 MNNG (N-Metyl-N-nitroso-N′-nitroguanidine) ...... Non-detect ...... 110 Methomyl ...... Non-detect ...... 54 N-Nitrosodiphenylamine ...... Non-detect ...... 700 Nickel Cyanide ...... Non-detect ...... 3.5 Nickel carbonyl ...... Non-detect ...... 46 Nicotine ...... Non-detect ...... 100 Octachlorodibenzodioxin ...... Non-detect ...... 150 Octachlorodibenzofuran ...... Non-detect ...... 150 Osmium tetraoxide ...... Non-detect ...... 40 Phenanthrene ...... 730 ...... ± Phenylthiourea ...... Non-detect ...... 54 Potassium Cyanide ...... Non-detect ...... 2.5 Potassium Silver Cyanide ...... Non-detect ...... 2.9 Propargyl alcohol ...... Non-detect ...... 30 Pyrene ...... 600 ...... ± Selenium dioxide ...... Non-detect ...... 0.34 Selenium sulfide ...... Non-detect ...... 0.53 Silver Cyanide ...... Non-detect ...... 2.6 Silvex ...... Non-detect ...... 6.7 Strychnine ...... Non-detect ...... 100 Tetra-selenium-tetra-sulfide ...... Non-detect ...... 2300 Tetraethyl lead ...... Non-detect ...... 63 Thallium acetate ...... Non-detect ...... 28 Thallium carbonate ...... Non-detect ...... 25 Thallium chloride ...... Non-detect ...... 26 Thallium nitrate ...... Non-detect ...... 29 Thallium oxide ...... Non-detect ...... 23 Thallium sulfate ...... Non-detect ...... 27 Thioacetamide ...... Non-detect ...... 54 Thiofanox ...... Non-detect ...... 100 Thiourea ...... Non-detect ...... 54 Toluene-2,4-diamine ...... Non-detect ...... 54 Toluene-2,6-diamine ...... Non-detect ...... 54 Vanadium pentoxide ...... Non-detect ...... 18 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43515

TABLE 6.ÐDETECTION AND DETECTION LIMIT VALUES FOR A POSSIBLE COMPOSITE FUEL SPECIFICATIONÐ90TH PERCENTILE ANALYSISÐContinued

Maximum de- Chemical name Concentration limit (mg/kg at 10,000 Btu/ tection limit lb) (mg/kg)

Zinc Cyanide ...... Non-detect ...... 2.3 Zinc phosphide ...... Non-detect ...... 1.7 alpha-BHC ...... Non-detect ...... 1.4 beta-BHC ...... Non-detect ...... 1.4 delta-BHC ...... Non-detect ...... 1.3 gamma-BHC (Lindane) ...... Non-detect ...... 1.3 m-Dinitrobenzene ...... Non-detect ...... 700 p-Toluidine ...... Non-detect ...... 100 trans-1,3±Dichloropropene ...... Non-detect ...... 34

Dated: August 15, 1996. FOR FURTHER INFORMATION CONTACT: Pam DEPARTMENT OF TRANSPORTATION Elizabeth A. Cotsworth, Blumenthal, Mass Media Bureau, (202) Acting Director, Office of Solid Waste. 418–2180. Research and Special Programs [FR Doc. 96–21628 Filed 8–22–96; 8:45 am] Administration SUPPLEMENTARY INFORMATION: This is a BILLING CODE 6560±50±P synopsis of the Commission’s Notice of 49 CFR Part 173 Proposed Rule Making, MM Docket No.96–167, adopted August 2, 1996, and [Docket No. HM±220C; Notice No. 96±16] released August 9, 1996. The full text of FEDERAL COMMUNICATIONS RIN 2137±AC86 COMMISSION this Commission decision is available for inspection and copying during Receipt of Petition for RulemakingÐ 47 CFR Part 73 normal business hours in the FCC’s Filling of Propane Cylinders Reference Center (Room 239), 1919 M [MM Docket No.96±167, RM±8843] Street, NW., Washington, DC. The AGENCY: Research and Special Programs complete text of this decision may also Administration (RSPA), DOT. Radio Broadcasting Services; be purchased from the Commission’s ACTION: Advance notice of proposed Powhatan, VA copy contractor, ITS, Inc., (202) 857– rulemaking (ANPRM). 3800, 2100 M Street, NW., Suite 140, AGENCY: Federal Communications Washington, DC 20037. SUMMARY: This notice solicits comments Commission. on the merits of a petition for Provisions of the Regulatory ACTION: Proposed rule. rulemaking filed by the Barbecue Flexibility Act of 1980 do not apply to Industry Association (BIA). BIA SUMMARY: The Commission requests this proceeding. petitioned for a revision to 49 CFR comments on a petition by David Layne Members of the public should note 173.304(d) that would require proposing the allotment of Channel that from the time a Notice of Proposed registration and training of persons who 263A at Powhatan, Virginia, as the Rule Making is issued until the matter fill propane cylinders, certification of community’s first local aural is no longer subject to Commission filling equipment operators, and proof transmission service. Channel 263A can consideration or court review, all ex of financial responsibility. be allotted to Powhatan in compliance parte contacts are prohibited in DATES: Comments must be received by with the Commission’s minimum Commission proceedings, such as this November 21, 1996. distance separation requirements with a one, which involve channel allotments. ADDRESSES: Comments to this ANPRM site restriction of 12.2 kilometers (7.6 See 47 CFR 1.1204(b) for rules should be addressed to the Dockets Unit miles) northwest in order to avoid short- governing permissible ex parte contacts. (DHM–30), Research and Special spacing conflicts with the licensed sites Programs Administration, U.S. of Station WSOJ(FM), Channel 262A, For information regarding proper Department of Transportation, Petersburg, Virginia, and Station filing procedures for comments, see 47 Washington, DC 20590–0001. WCMS(FM), Channel 263B, Norfolk, CFR 1.415 and 1.420. Comments may also be faxed to (202) Virginia. The coordinates for Channel List of Subjects in 47 CFR Part 73 366–3753. Comments should identify 263A at Powhatan are 37–38–00 and the docket (HM–220C) and be 77–59–32. Radio broadcasting. submitted, if possible, in five copies. DATES: Comments must be filed on or Federal Communications Commission. Persons wishing to receive confirmation before September 3, 1996, and reply John A. Karousos, of receipt of their comments should comments on or before October 15, include a self-addressed stamped post 1996. Chief, Allocations Branch, Policy and Rules Division, Mass Media Bureau. card showing the docket number. The ADDRESSES: Federal Communications Dockets Unit is located in Room 8421 of [FR Doc. 96–21222 Filed 8–22–96; 8:45 am] Commission, Washington, DC 20554. In the Nassif Building, 400 Seventh Street, addition to filing comments with the BILLING CODE 6712±01±F SW., Washington, DC 20590–0001. FCC, interested parties should serve the Public dockets may be reviewed petitioner, or its counsel or consultant, between the hours of 8:30 a.m. and 5:00 as follows: David Layne, P.O. Box 110, p.m., Monday through Friday, except Farmville, Virginia 23901 (Petitioner). Federal holidays. 43516 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: container which must be stamped thereon. in use, as well as an additional 5 to 6 Eileen E. Martin, (202) 366–8553, Office The length of the dip tube, expressed in million being produced annually. It is of Hazardous Materials Standards, inches carried out to one decimal place and believed that the market is ever RSPA, 400 Seventh Street, SW., prefixed with the letters ‘‘DT’’ shall be increasing, and consequently, the above stamped on the container and on the exterior Washington, DC 20590–0001. of removable type dip tube; for the purpose numbers shall increase significantly on SUPPLEMENTARY INFORMATION: In letters of this requirement the marked length shall an annual basis. dated January 16, 1996, and March 12, be expressed as the distance measured along With such a large market for propane 1996, U.S. Representative Richard Burr the axis of a straight tube from the top of the use and refilling of cylinders, there are (NC) submitted to the Department of boss through which the tube is inserted to the many companies and people who see it Transportation an undated petition for proper level of the liquid in the container. as advantageous to get into the propane rulemaking from the Barbecue Industry The length of each dip tube shall be checked cylinder filling business. Regrettably, when installed by weighing each container however, because there is no uniform Association (BIA) under the provisions after filling except when installed in groups of 49 CFR 106.31. The petition was standard for regulating the training and of substantially identical containers in which certification of those who fill cylinders, forwarded to the Research and Special case one of the 25 containers shall be Programs Administration (RSPA), which weighed. The quantity of liquefied gas in there is no incentive to ensure that assigned a petition number, P–1298. In each container must be checked by means of cylinders are being properly filled. Nor the petition, BIA requested that the the dip tube after disconnecting from the are there incentives to obtain liability Hazardous Materials Regulations (HMR; charging line. The outlet from the dip tube insurance that adequately protects the 49 CFR Parts 171–180) be amended to shall be not larger than a No. 54 drill size consumers from accidents which might orifice. A container representative of each occur due to untrained and require registration and training of day’s filling at each charging plant, shall persons who fill certain propane irresponsible propane fillers. have its contents checked by weighing after Currently, there are many ‘‘mom and cylinders, certification of filling disconnecting from the charging line. pop’’ operations where people are equipment, and proof of financial (5) Registration by DOT is required of any getting into the propane refilling responsibility. The BIA’s overview on individual to fill with Liquefied Petroleum business without the requisite training filling cylinders with liquefied Gas (LPG) any DOT container of less than or understanding of the proper petroleum gas and proposed regulatory 200 lbs. water capacity which comes under procedures which must be followed language to § 173.304(d) are published the jurisdiction of DOT. RSPA may issue this registration based on when filling propane cylinders. Most of verbatim in this notice. RSPA’s an application and an inspection report of these operations do receive training publication of the BIA’s petition as an the facility used by the applicant and of the from their propane bulk supplier. Advance Notice of Proposed applicant’s qualifications performed by an Unfortunately, this training is often Rulemaking (ANPRM) does not independent inspection agency approved given to the owner or other responsible constitute a decision by RSPA to pursuant to § 173.300a, and any other employee who fails to pass this training information available to RSPA. Application undertake a rulemaking action on the and knowledge on to those employees substance of the petition. This ANPRM will be accompanied by; (1) Certification of training in accordance who are responsible for day to day is issued solely to obtain comments on filling operations. Uniform regulations the merits of the petition to assist RSPA with § 172.700 and § 173.304(d); (2) Certification of equipment suitable for governing the certification of fill-station in making a decision on whether to use with LPG to provide for accurate weight operators will go a long way in proceed with a rulemaking. Of filling in accordance with § 173.304(c) and preventing irresponsible fill-station particular interest are substantive National Institute of Technology (NIST) operators from permitting untrained comments that address the following Handbook 44; and employees to fill or otherwise service 20 items: (1) Estimated incremental costs or (3) Proof of financial responsibility in the pound propane cylinders. savings; (2) anticipated safety benefits; minimum amount of one million The only way to ensure that fill- (3) estimated burden hours associated ($1,000,000.00) dollars. The purpose of the financial responsibility station operators are properly trained with proposals related to information and familiar with propane filling collection; (4) impact on small requirement is to create additional incentives to individuals to fill with LPG any DOT procedures is to enact regulations to businesses; and (5) impact on the containers of less than 200 lbs. water force the fill-station operators to provide national environment. capacity which comes under the jurisdiction proof that they understand and enforce The petition is quoted as follows: of DOT to maintain and operate the filling the safe filling of LP gas cylinders. Petition for Rulemaking Proposed by the equipment in a safe manner and to assure Certification of these individuals is the Barbecue Industry Association that motor carriers maintain an appropriate only way to insure that this will occur. level of financial responsibility for said PROPOSED ADDITIONAL LANGUAGE TO Furthermore, there must be adequate equipment. insurance to protect the consumer 49 CFR SECTION 173.304(d) Initial or renewal applications may be obtained from the Associate Administrator should an accident occur. (Requested additional language is underlined To reduce the chances of overfilling a and italicized) for Hazardous Materials Safety, U.S. Department of Transportation, Washington, 20 pound cylinder, action must be taken 49 CFR § 173.304(d) Charging of cylinders to insure that fill-station operators with liquefied compressed gases. D.C. 20590–0001. (4) Verification of content. Containers with receive proper training in the safe Overview of the Filling of LP Gas 20 handling and filling of the cylinders by a water capacity of 200 pounds or more and Pound Cylinders for use with a liquefied petroleum gas with weight by using certified scales a specific gravity a 60°F. of 0.504 or greater One of the most popular activities in equipped with electronic, pneumatic, or may have their contents determined by using America is outdoor barbecuing. In 1993, hydraulic stop-fill protection. Such a a fixed length dip tube gauging device. The over 5 million propane gas grills were system reduces the risk of overfilling by length of the dip tube shall be such that sold, which were used an average of 5.1 requiring the operator to input the tare when a liquefied petroleum gas with a times per month. Both gas grill usage weight of each cylinder prior to the specific volume of 0.03051 cu. ft./lb. at a temperature of 40°F. is charged into the and sales show significant year to year beginning of the filling sequence. container it just reaches the bottom of the increases. The National Propane Gas Furthermore, operators should have tube. The weight of this liquid shall not Association estimates that there are proof that they are certified to fill exceed 42 percent of the water capacity of the currently 50 million 20 pound cylinders cylinders properly. The very proposal to Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43517 require training and certification of fill- criteria contained in Executive Order corrections are necessary to make the service operators will go a long way in 12612 (‘‘Federalism’’). preamble consistent with the proposed further reducing accidents resulting regulatory language, and to correct a C. Regulatory Flexibility Act from overfilled propane cylinders. typographical error. RSPA will evaluate any proposed rule Requiring $1 million dollars liability DATES: Comments on the proposed rule insurance will clarify the point to the to determine whether it would have a significant economic impact on a must be received no later than fill-station operators of the seriousness September 17, 1996. of cylinder accidents which could substantial number of small entities. ADDRESSES: Comments should be improve the performance of operators D. Paperwork Reduction Act and increase the safety standards in the addressed to Chief, Marine Mammal industry. Propane fillers who are There are no new information Division, Office of Protected Resources, required to prove that they have collection requirements in this advance National Marine Fisheries Service, 1315 properly trained and certified all notice of proposed rulemaking. East-West Highway, Silver Spring, MD personnel, along with requiring that E. Regulations Identifier Number (RIN) 20910–3226. they have properly insured their A regulation identifier number (RIN) FOR FURTHER INFORMATION CONTACT: operations, will make sure that all is assigned to each regulatory action Kenneth R. Hollingshead, NMFS, (301) operators are not seeking to make listed in the Unified Agenda of Federal 713-2055. money without taking any of the Regulations. The Regulatory Information necessary precautions to protect SUPPLEMENTARY INFORMATION: On August Service Center publishes the Unified propane users. 2, 1996, NMFS published a proposed Agenda in April and October of each rule (61 FR 40377) that, if implemented, The industry is continuously looking year. The RIN number contained in the would authorize the take of a small for new methods to insure the safe heading of this document can be used number of marine mammals incidental handling of propane gas by propane to cross-reference this action with the to shock testing the USS SEAWOLF fillers. If propane dispensing attendants Unified Agenda. submarine in the offshore waters of the always followed the proper procedures List of Subjects in 49 CFR Part 173 U.S. Atlantic coast in 1997. Errors have for filling by weight or correct filling by been identified in the preamble to that volume, overfilling accidents would Hazardous materials transportation, document. never occur. But alas, this is a system Incorporation by reference, Packaging which depends for its safety on the and containers, Radioactive materials, Need for Correction continued cooperation and attention of Reporting and record keeping As published, the proposed every filling attendant, every time a requirements, Uranium. container is filled. Thus, simple regulations contains errors that are in regulations must be enacted to insure Issued in Washington, DC, on August 19, need of clarification. 1996 under authority delegated in 49 CFR that fill-station operators are properly Part 106, Appendix A. Correction of Publication trained, certified and insured. In the Robert A. McGuire, end, both the consumer and producers Accordingly, the publication on of the products will be protected. Deputy Associate Administrator for August 2, 1996 of the proposed Hazardous Materials Safety. regulations (I.D. 071596C), which were In short, any new regulation should [FR Doc. 96–21567 Filed 8–22–96; 8:45 am] the subject of FR Doc. 96–19659, are require fill-station operators and/or BILLING CODE 4910±60±P corrected as follows: companies to have proper training with training certificates for filling of Under the preamble SUPPLEMENTARY cylinders, national registration of the INFORMATION, on page 40378, in the certification, $1 million dollars in DEPARTMENT OF COMMERCE second column, under the heading liability insurance, and strong and Summary of Proposed Mitigation and National Oceanic and Atmospheric Monitoring Measures, paragraph one, enforceable language for proper Administration performance and compliance with line 13, NMFS would like to clarify, by specified safety procedures. 50 CFR Part 216 adding, after the words ‘‘(2.05 nmi),’’ ‘‘or a buffer zone of an additional 1.8 km Regulatory Analyses and Notices [Docket No. 960318084±6199±02; I.D. (0.95 nmi) buffer zone, the detonation A. Executive Order 12866 and DOT 071596C] must be delayed unless the marine mammals are on a course within the Regulatory Policies and Procedures RIN 0648±AG55 buffer zone that is taking them away This advance notice of proposed Taking and Importing Marine from the 3.8 km (2.05 nmi) safety zone, rulemaking is not considered a Mammals; Taking Marine Mammals * * *.’’ significant regulatory action under Incidental to Naval Activities Under the preamble SUPPLEMENTARY section 3(f) of Executive Order 12866 INFORMATION, on page 40378, in the and was not reviewed by the Office of AGENCY: National Marine Fisheries second column, under the heading Management and Budget. This advance Service (NMFS), National Oceanic and Summary of Proposed Mitigation and notice of proposed rulemaking is not Atmospheric Administration (NOAA), Monitoring Measures, paragraph one, considered significant under the Commerce. line fourteen, the conversion ‘‘(0.05 regulatory policies and procedures of ACTION: Correction to proposed nmi)’’ is corrected to read ‘‘(0.95 nmi).’’ the Department of Transportation (44 FR regulations. 11034; February 26, 1979). Dated: August 16, 1996. P. Michael Payne, B. Executive Order 12612 SUMMARY: This document contains corrections to the proposed regulations Acting Director, Office of Protected Resources. RSPA will evaluate any proposed rule (I.D. 071596C) which were published on [FR Doc. 96–21378 Filed 8–22–96; 8:45 am] in accordance with the principles and August 2, 1996, (61 FR 40377). These BILLING CODE 3510±22±F 43518 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

50 CFR Part 285 northern ABT fisheries. This date would Atmospheric Administration (NOAA), coincide with the commencement of the Commerce. [Docket No. 960816226±6226±01; I.D. General category season. Fishing for 080596C] ABT from January 1 to May 31 would ACTION: Notice of availability; request for comments. RIN 0648±AJ04 be allowed under the tag and release program only. Options for the Angling Category Current regulations state that the AA SUMMARY: NMFS issues this notice to Season for the Atlantic Bluefin Tuna is required to monitor catch and advise that the Mid-Atlantic Fishery Fishery landings statistics and close a fishery Management Council (Council) has when it is projected that the quota has resubmitted a modification of the AGENCY: National Marine Fisheries been attained. Another regulation previously disapproved commercial Service (NMFS), National Oceanic and enables the AA to adjust the daily catch quota measure contained in Atmospheric Administration (NOAA), limit in order to effect a fair allocation Amendment 9 to the Fishery Commerce. of fishing opportunities. However, since Management Plan for the Summer ACTION: Advanced notice of proposed the regulations do not provide for Flounder, Scup and Black Sea Bass rulemaking (ANPR); request for geographic or temporal distribution, Fisheries (FMP), for Secretarial approval comments. there is no way to assure equitable and to request comments from the fishing opportunities to all areas. public. SUMMARY: NMFS is considering whether The regulations could be amended to a change in the opening date of the allow the AA, upon determining that DATES: Comments must be received on Angling category season for the Atlantic variations in seasonal distribution, or before September 19, 1996. bluefin tuna (ABT) fishery from January abundance, or migration patterns of 1 to June 1 of each year should be ABT, and the catch rate, may prevent ADDRESSES: Send comments to Dr. proposed. NMFS is also considering fishermen in an identified area from Andrew A. Rosenberg, Regional whether an amendment to the harvesting a portion of the quota, to Administrator, NMFS, Northeast regulations governing the ABT fishery close the Angling category and reopen it Regional Office, 1 Blackburn Drive, should be proposed to enable the at a later date, when the bluefin have Gloucester, MA 01930–3799. Mark the Assistant Administrator for Fisheries migrated to the identified area. outside of the envelope ‘‘Comments on (AA) to close and reopen the Angling the Resubmitted Black Sea Bass Request for Comments category in identified areas in order to Measure.’’ ensure equitable fishing opportunities. NMFS requests comments on a Copies of the resubmission portion of DATES: Written comments on this ANPR change in the opening date of the Amendment 9 and other supporting must be received on or before Angling category season to June 1 and documents are available from David R. September 23, 1996. on a provision that would allow the AA Keifer, Executive Director, Mid-Atlantic ADDRESSES: to close and reopen the Angling Written comments should Fishery Management Council, Room be addressed to William Hogarth, Acting category in identified areas in order to 2115 Federal Building, 300 S. New Chief, Highly Migratory Species ensure equitable fishing opportunities. Street, Dover, DE 19904-6790. Management Division (F/CM4), National Comments received on this ANPR Marine Fisheries Service, 1315 East- would serve as the basis for drafting FOR FURTHER INFORMATION CONTACT: West Highway, Silver Spring, MD proposed regulations for any changes to Regina L. Spallone, Fishery Policy 20910. the Angling category season. Analyst, 508–281–9221. FOR FURTHER INFORMATION CONTACT: Authority: 16 U.S.C. 971 et seq. SUPPLEMENTARY INFORMATION: The William Hogarth, 301-713-2347. Dated: August 16, 1996. Magnuson Fishery Conservation and SUPPLEMENTARY INFORMATION: Gary Matlock, Management Act (Magnuson Act)(16 Historically, the Angling category Program Management Officer, National U.S.C. 1801 et seq.) requires each fishing season for ABT has commenced Marine Fisheries Service. regional fishery management council to January 1 of each year. Since 1992, the [FR Doc. 96–21466 Filed 8–22–96; 8:45 am] submit any fishery management plan or school size subcategory has been BILLING CODE 3510±22±F divided between a ‘‘north’’ and a plan amendment it prepares to the ‘‘south’’ area quota, with the division at Secretary of Commerce (Secretary) for Delaware Bay. In the last few years, 50 CFR Part 648 review and approval or disapproval. harvests of ABT during winter months The Magnuson Act also requires the have increased, causing the southern [I.D. 081696D] Secretary, upon receiving the plan or portion of the school bluefin quota and amendment, to publish immediately Fisheries of the Northeastern United notification that the plan or amendment the annual quota of large school and States; Amendment 9 to the Fishery is available for public review and small medium ABT to be reached earlier Management Plan for the Summer comment. The Secretary will consider than usual. As a result, fishing Flounder, Scup, and Black Sea Bass the public comments in determining opportunities for fishermen further Fisheries; Resubmission of north are greatly diminished. Disapproved Measure whether to approve the plan or Implementation of a June 1 opening amendment. may help ensure fishing opportunities AGENCY: National Marine Fisheries to fishermen participating in the more Service (NMFS), National Oceanic and Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43519

On July 19, 1996, NMFS, on behalf of the Secretary, upon preliminary evaluation of Amendment 9, as authorized in section 304(a)(1)(A) of the Magnuson Act, disapproved the provision proposed in Amendment 9 that would have implemented a state by state commercial quota for black sea bass in 1998. The Council has revised this provision and, under section 304(b)(3)(A) of the Magnuson Act, submitted for Secretarial review, a proposed measure that would implement a quarterly coastwide quota with trip limits that would be allocated to the commercial black sea bass fishery from Maine through North Carolina. Day 1 of this rule is August 16, 1996. Proposed regulations for this provision are scheduled to be published within 15 days. Authority: 18 U.S.C. 1801 et seq. Dated: August 19, 1996. Richard H. Schaefer, Director, Office of Fisheries Conservation and Management, National Marine Fisheries Service. [FR Doc. 96–21517 Filed 8–20–96; 3:17 pm] BILLING CODE 3510±22±F 43520

Notices Federal Register Vol. 61, No. 165

Friday, August 23, 1996

This section of the FEDERAL REGISTER Processing, Labelling and Packaging; orally the key issues of concern, and contains documents other than rules or Livestock Standards; Accreditation; and should provide 16 copies of written proposed rules that are applicable to the International Issues. At the last meeting, material elaborating on those issues for public. Notices of hearings and investigations, the NOSB continued the review of the NOSB. committee meetings, agency decisions and substances for consideration for the rulings, delegations of authority, filing of Dated: August 19, 1996. petitions and applications and agency National List as allowed synthetics for Eileen S. Stommes, use in organic production and statements of organization and functions are Director, Transportation and Marketing examples of documents appearing in this processing. Technical advisory panels Division. provided information on approximately section. [FR Doc. 96–21490 Filed 8–22–96; 8:45 am] 78 substances for NOSB consideration. The NOSB reviewed the materials and BILLING CODE 3410±02±M DEPARTMENT OF AGRICULTURE determined whether they would be considered non-synthetic or synthetic. If Animal and Plant Health Inspection Agricultural Marketing Service synthetic, then the NOSB determined Service [TM±96±00±2] whether they should be placed on the list of allowed synthetic substances for [Docket No. 96±047±1] Notice of Meeting of the National use in organic processing and Notice of Request for Extension of a Organic Standards Board production. Approximately 45 substances were placed on the allowed Currently Approved Information AGENCY: Agricultural Marketing Service, synthetic list. Others were determined Collection USDA. to be non-synthetic or required more AGENCY: Animal and Plant Health ACTION: Notice. information. Inspection Service, USDA. SUMMARY: In accordance with the Purpose and Agenda ACTION: Approved information collection extension; comment request. Federal Advisory Committee Act, as The main focus of this meeting is to amended, the Agricultural Marketing continue the discussion of additional SUMMARY: In accordance with the Service (AMS) announces a forthcoming materials for consideration for Paperwork Reduction Act of 1995, this meeting of the National Organic placement on the National List of notice announces the Animal and Plant Standards Board (NOSB). allowed synthetics and prohibited Health Inspection Service’s intention to DATES: September 18, 1996 at 12:30 p.m. natural substances for use in organic request an extension of a currently through September 20, 1996 at 5 p.m. production and processing of organic approved information collection in for the NOSB. foods. Main emphasis will be placed on support of regulations for the continued PLACE: Radisson Hotel City Centre, 31 the review of approximately 30 control of domestic animal diseases in Ohio Street, Indianapolis, Indiana substances for which a review has been the United States. 46204. Phone: (317) 635–2000. All conducted by the technical advisory DATES: Comments on this notice must be meetings of the NOSB will be held at panel. Additional topics to be covered received by October 22, 1996 to be that address. in the full NOSB meeting include: assured of consideration. cotton dyes and biotechnology. FOR FURTHER INFORMATION CONTACT: Dr. ADDRESSES: Send comments regarding A final agenda will be available on Harold S. Ricker, Staff Director, NOSB, the accuracy of burden estimate, ways to September 3, 1996. Persons requesting Room 2945 South Building, U.S. minimize the burden (such as the use of copies should contact Ms. Karen Department of Agriculture, AMS, automated collection techniques or Thomas at the above address or phone Transportation and Marketing Division, other forms of information technology), (202) 720–3252. National Program Staff, Post Office Box or any other aspect of this collection of 96456, Washington, D.C. 20090–6456. Type of Meeting information to: Docket No. 96–047–1, Phone (202) 720–3252. All meetings will be open to the Regulatory Analysis and Development, SUPPLEMENTARY INFORMATION: Section public. Individuals and organizations PPD, APHIS, suite 3C03, 4700 River 2119 (7 U.S.C. 6518) of the Food, wishing to provide written comments Road Unit 118, Riverdale, MD 20737– Agriculture, Conservation, and Trade on these issues or to comment orally on 1238. Please send an original and three Act of 1990 (FACT Act), as amended (7 any organic issues should forward the copies, and state that your comments U.S.C. Section 6501 et seq.) requires request to Harold S. Ricker at the above refer to Docket 96–047–1. Comments establishment of a NOSB. The purpose address or FAX to (202) 690–3924 by received may be inspected at USDA, of the Board is to assist in the September 13, 1996, in order to be room 1141, South Building, 14th Street development of standards for substances scheduled. The NOSB has scheduled and Independence Avenue SW., to be used in organic production and to time for public input on Wednesday, Washington, DC, between 8 a.m. and advise the Secretary on any other September 18, 1996, beginning at 1:00 4:30 p.m., Monday through Friday, aspects of the implementation of Title p.m. and continuing until 5:30 p.m. except holidays. Persons wishing to XXI of the FACT Act. The NOSB met for While people may sign up to speak at inspect comments are requested to call the first time in Washington, D.C. in the door, advance scheduling assures an ahead on (202) 690–2817 to facilitate March 1992 and currently has five opportunity in the time allowed and entry into the comment reading room. subcommittees to work on various helps the NOSB plan its activities. Each FOR FURTHER INFORMATION CONTACT: For aspects of the program. The individual or organization will be information on the permit for movement subcommittees are: Crops Standards; allocated 10 minutes for presenting of restricted animals, contact Dr. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43521

Granville Frye, Chief Staff Veterinarian, (3) Enhance the quality, utility, and Import-Export, VS, APHIS, USDA, 4700 Brucellosis Eradication Staff, Veterinary clarity of the information to be River Road Unit 39, Riverdale, MD Services, APHIS, 4700 River Road, Unit collected; and 20737–1231. Application forms may be 36, Riverdale, MD 20737–1231, (301) (4) Minimize the burden of the obtained by writing to the same address, 734–8711; or e-mail: collection of information on those who or by calling the telephone number [email protected]. For copies of are to respond, through use, as provided under the heading FOR more detailed information, contact Ms. appropriate, of automated, electronic, FURTHER INFORMATION CONTACT. The Cheryl Groves, APHIS’ Information mechanical, and other collection lottery will be held at USDA, APHIS, Collection Coordinator, at (301) 734– technologies, e.g., permitting electronic Conference Room 3B01CN, 4700 River 5086. submission of responses. Road, Riverdale, MD. Estimate of Burden: Public reporting FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Ms. burden for this collection of information Joan Montgomery, Staff Specialist, Title: Permit for Movement of is estimated to average .0561 hours per Import-Export Animals Staff, National Restricted Animals. response. Center for Import-Export, VS, APHIS, OMB Number: 0579–0051. Respondents: Animal owners, APHIS Suite 3B30, 4700 River Road Unit 39, representatives, State veterinarians, and Expiration Date of Approval: January Riverdale, MD 20737–1231, (301) 734– accredited veterinarians. 31, 1997. 8172. Estimated Number of Respondents: Type of Request: Extension of a SUPPLEMENTARY INFORMATION: The 10,130. regulations in 9 CFR part 92, §§ 92.430, currently approved information Estimated Number of Responses per collection. 92.431, 92.522, and 92.523 (referred to Respondent: 4.125. below as the regulations), set forth the Abstract: When farm animals (such as Estimated Total Annual Burden on conditions under which importers may cattle, swine, sheep, or horses) become Respondents: 2,346 hours. qualify animals to enter the United sick or have been exposed to a disease, All responses to this notice will be States through the Harry S Truman it is important that they be removed summarized and included in the request Animal Import Center (HSTAIC) in promptly from their farm so as not to for Office of Management and Budget infect other animals around them. In Fleming Key, FL. approval of the information collection. Because the demand for quarantine such situations, the owner of a sick or Done in Washington, DC, this 20th day of space at HSTAIC has traditionally exposed animal will have the animal August 1996. exceeded the space available, the transported from the farm to a A. Strating, regulations provide that a lottery will be slaughtering establishment. If the Acting Administrator, Animal and Plant held each year during the first 7 days of animal must be transported across State Health Inspection Service. December, to determine the priority of lines for this purpose, a ‘‘Permit for [FR Doc. 96–21558 Filed 8–22–96; 8:45 am] applications for the following calendar Movement of Restricted Animals,’’ also BILLING CODE 3410±34±P year. To be included in the December known as VS Form 1–27, must be lottery, applications must reach the completed by an APHIS representative, Import-Export Animals Staff of the a State veterinarian, or an accredited [Docket No. 96±064±1] Animal and Plant Health Inspection veterinarian. The information needed to Service (APHIS) no earlier than October correctly complete this form is obtained Procedures for Importing Animals 1, and no later than October 15 of the from the animal’s owner. Through the Harry S. Truman Animal Import Center year of the lottery. Additionally, It is imperative that these animals not applicants must send a deposit in the be removed from their vehicle during AGENCY: Animal and Plant Health form of a certified check or money order transport, or be otherwise diverted from Inspection Service, USDA. in the amount of $32,000, payable to the their final destination, since such an ACTION: Notice. United States Department of event could result in the spread of Agriculture, Animal and Plant Health disease among healthy animals. VS SUMMARY: We are giving notice of the Inspection Service, for each application. Form 1–27, which is completed by date and location of the lottery for APHIS will not consider an application specified personnel at the farm of origin authorization of the use of the Harry S unless we receive this deposit from the and again at the point of destination, is Truman Animal Import Center applicant on or before November 26, our primary means of ensuring that (HSTAIC) in calendar year 1997. We are 1996. In the event that the Import- these animals move directly from their also giving notice of the period during Export Animals Staff receives no more farm to the slaughtering establishment. which applications must reach the than one application between October 1, The purpose of this notice is to solicit Animal and Plant Health Inspection 1996, and October 15, 1996, the lottery comments from the public (as well as Service in order to be included in the will not be held, and APHIS will grant affected agencies) concerning our lottery. exclusive right to use HSTAIC during information collection. We need this DATES: To be included in the lottery for the calendar year 1997 in the order outside input to help us: authorization to use HSTAIC in applications are received. (1) Evaluate whether the proposed calendar year 1997, applications must Applicants should be aware that collection of information is necessary be received no earlier than October 1, certain improvements are being made to for the proper performance of the 1996, and no later than October 15, the HSTAIC facility in order to meet functions of the agency, including 1996. Deposits must be received by standards set by the Florida Department whether the information will have November 26, 1996. The lottery for of Environmental Protection. The practical utility; authorization to use HSTAIC during availability of HSTAIC for use for 1997 (2) Evaluate the accuracy of our 1997 will be held on December 3, 1996. lottery applicants will be dependent estimate of the burden of the proposed ADDRESSES: Completed applications and upon satisfactory completion of these collection of information, including the deposits must be sent to the projects. validity of the methodology and Administrator, c/o Import-Export Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; assumptions used; Animal Staff, National Center for 21 U.S.C. 102–105, 111, 114a, 134a, 134b, 43522 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

134c, 134d, 134f, 135, 136, and 136a; 31 each project is $300,000 regardless of The McIntosh Combustion Turbine U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d). the number of participating institutions, Project consists of the installation of two Done in Washington, DC, this 20th day of and the research duration cannot exceed Siemens v84.2 combustion turbine August 1996. four years. USDA expects to fund 15–20 generators to be located adjacent to A. Strating, proposals under this project. AEC’s existing McIntosh Power Plant Acting Administrator, Animal and Plant DATES: Proposals must be received at the Unit 1 (compressed air energy storage Health Inspection Service. below-noted address no later than generating unit). The new units will be [FR Doc. 96–21559 Filed 8–22–96; 8:45 am] November 15, 1996. located south of the existing unit 1 in BILLING CODE 3410±34±P FOR FURTHER INFORMATION CONTACT: the area formerly reserved for a second For a complete package of information compressed air energy storage unit concerning these research grants, please Foreign Agricultural Service which AEC has determined to not be contact Ms. Nancy J. Croft, Contracting cost-effective. The proposed two new Solicitation of Proposals Officer, USDA/FSA/MSD, Stop 0568, units will be referred as McIntosh Power 1400 Independence Avenue, SW, Plant Units 2 and 3. Each of the units AGENCY: Foreign Agricultural Service, Washington, D.C. 20250, (202) 690– will have a normal maximum output Department of Agriculture. 1722, FAX: (202) 690–1626. rating of 109 MWs at 950° Fahrenheit. ACTION: Notice of availability of funds SUPPLEMENTARY INFORMATION: The Food The units will be capable of burning for research grants. Crops Collaborative Research Grants either natural gas or fuel oil and have a Program is authorized by Section 1458 maximum rating of approximately 113 SUMMARY: FAS announces the of the National Agricultural Research, availability of funds in Fiscal Year 1997 MWs during peak firing mode. As part Extension and Teaching Policy Act of of the project, a new 1 million gallon to conduct collaborative research of 1977, as amended (7 U.S.C. 3291). mutual interest to the United States and fuel oil storage tank and a 1.8 million Egypt. The Research and Scientific Dated: August 9, 1996. gallon demineralized water tank will be Exchanges Division of FAS is Timothy J. Galvin, constructed at the western corners of administering a Food Crops Acting Administrator, Foreign Agricultural Unit 1. There will also be modifications Collaborative Research Grants Program, Service. to the existing transmission substation which is managed by the Egyptian [FR Doc. 96–21555 Filed 8–22–96; 8:45 am] on site to link the electric power output Agricultural Technology Utilization and BILLING CODE 3410±10±M of the new units to the existing Transfer Project. The program is aimed transmission line. The existing gas at resolving the major constraints to transmission system in the area has increasing the productivity of four major Rural Utilities Service adequate capacity to serve Units 2 and food crops: wheat, maize, rice and faba 3. The existing 115 kilovolt (kV) electric beans. The following are the most Alabama Electric Cooperative; Finding transmission lines have adequate important constraints confronting each of No Significant Impact capacity to feed the power output of the crop: 1. Wheat—Development of early, AGENCY: Rural Utilities Service, USDA. new units to AEC’s transmission grid. A high yielding varieties. Problems ACTION: Notice of finding of no 1.5-mile natural gas pipeline will be include yellow stripe rust, heat stress, significant impact. constructed within an existing pipeline salinity and drought stress as well as to intertie with Bay Gas Storage’s 20- aphids. 2. Maize—Development of SUMMARY: Notice is hereby given that inch market line. the Rural Utilities Service (RUS) has earlier, higher yielding hybrids. Alternatives to be considered by RUS Problems include stalk borers, late wilt, made a finding of no significant impact and Alabama Electric Cooperative to downy mildew, salinity and drought (FONSI) with respect to its action Alabama Electric Cooperative stress, maize borers and aphids. 3. related to the construction of two, 113 constructing the generation facility Rice—Development of early, high megawatt (MW) combustion turbines proposed include: (a) no action, (b) yielding varieties. Problems include and associated facilities by Alabama purchase of peaking capacity from salinity and drought stress, blast, stem Electric Cooperative (AEC). The FONSI borer, brown spot disease and weeds. 4. is the conclusion of an Environmental independent power producers, co- Faba beans—Development of early Assessment prepared by RUS. The generators, and other electric utilities, maturing, high yielding varieties. Environmental Assessment is based on and (c) constructing the proposed Problems include the parasitic weed a environmental analysis submitted to generation facilities at alternative site Orbanche, necrotic virus, chocolate RUS by AEC. RUS conducted an locations. spot, salinity and drought stress. independent evaluation of the Copies of the environmental Note: Proposals related to On-Farm Water environmental analysis and concurs assessment and FONSI are available for Management in areas such as water with its scope and content. review at, or can be obtained from, RUS requirements, water management and FOR FURTHER INFORMATION CONTACT: at the address provided herein or from irrigation systems for the four crops listed Lawrence R. Wolfe, Senior Mr. Mike Noel, Alabama Electric above will also be accepted now. Environmental Protection Specialist, Cooperative, P.O. Box 550, Andalusia, Collaborative research projects must Engineering and Environmental Staff, Alabama, telephone (334) 222–2571. involve active collaboration between RUS, South Agriculture Building, Ag Interested parties wishing to comment participating Egyptian and American Box 1571, Washington, DC 20250, on the adequacy of the Environmental scientists. Proposals are accepted from telephone (202) 720–1784. Assessment should do so within 30 days U.S. university and USDA scientists as SUPPLEMENTARY INFORMATION: The of the publication of this notice. RUS well as from non-profit organizations. proposed new combustion turbines will take no action that would approve Trilateral collaboration including the would be installed at AEC’s existing clearing or construction activities participation of International McIntosh Power Plant located on the related to these new combustion turbine Agricultural Research Centers (IARCs) is west side of Highway 43 at mile marker units prior to the expiration of the 30- encouraged as well. The budget limit for 41 in McIntosh, Alabama. day comment period. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43523

Dated: August 19, 1996. COMMITTEE FOR PURCHASE FROM Comments on this certification are Adam M. Golodner, PEOPLE WHO ARE BLIND OR invited. Commenters should identify the Deputy Administrator. Program Operations SEVERELY DISABLED statement(s) underlying the certification [FR Doc. 96–21539 Filed 8–22–96; 8:45 am] on which they are providing additional Procurement List Proposed Additions information. The following commodities BILLING CODE 3410±15±P AGENCY: Committee for Purchase From and services have been proposed for People Who Are Blind or Severely addition to Procurement List for Disabled. production by the nonprofit agencies listed: DEPARTMENT OF INTERIOR ACTION: Proposed additions to Procurement List. Commodities National Park Service SUMMARY: The Committee has received Cleaning and Degreasing Compounds Blackstone River Valley National proposals to add to the Procurement List 6850–01–430–7134 Heritage Corridor, Sunshine Act commodities and services to be 6850–01–430–7135 Meeting furnished by nonprofit agencies 6850–01–430–7137 employing persons who are blind or 6850–01–430–7138 AGENCY: National Park Service, Interior. have other severe disabilities. 6850–01–430–7139 COMMENTS MUST BE RECEIVED ON OR 6850–01–430–7140 ACTION: Notice of Meeting. BEFORE: September 23, 1996. NPA: Lighthouse for the Blind, St. ADDRESSES: Committee for Purchase Louis, Missouri Notice is hereby given in accordance From People Who Are Blind or Severely The Lighthouse of Houston, Houston, with Section 552b of Title 5, United Disabled, Crystal Square 3, Suite 403, Texas States Code, that a meeting of the 1735 Jefferson Davis Highway, Compact Disc, Recordable Blackstone River Valley National Arlington, Virginia 22202–3461. 7045–01–429–3462 Heritage Corridor Commission will be FOR FURTHER INFORMATION CONTACT: (Requirements for the Department of held on Thursday, September 12, 1996. Beverly Milkman (703) 603–7740. Defense) NPA: North Central Sight Services, Inc., The Commission was established SUPPLEMENTARY INFORMATION: This pursuant to Public Law 99–647. The notice is published pursuant to 41 Williamsport, Pennsylvania purpose of the Commission is to assist U.S.C. 47(a) (2) and 41 CFR 51–2.3. Its Services federal, state and local authorities in the purpose is to provide interested persons Disposal Support Services development and implementation of an an opportunity to submit comments on Naval Air Station integrated resource management plan the possible impact of the proposed Pensacola, Florida NPA: Association of Retarded Citizens/ for those lands and waters within the actions. Escambia, Inc., Pensacola, Florida Corridor. If the Committee approves the proposed additions, all entities of the Disposal Support Services The meeting will convene at 7:00 PM Federal Government (except as Defense Reutilization and Marketing at the Massachusetts National Guard otherwise indicated) will be required to Office Archive and Public Museum at 44 procure the commodities and services Agana, Guam Salisbury Street, Worcester, MA. for the listed below from nonprofit agencies NPA: Able Industries of the Pacific, following reasons: employing persons who are blind or Agana, Guam 1. Presentation of the FY97 Budget have other severe disabilities. I certify Document Processsing 2. Staffing that the following action will not have U.S. Coast Guard Institute a significant impact on a substantial Oklahoma City, Oklahoma 3. Commission Business number of small entities. The major NPA: Opportunity Production, Inc., It is anticipated that about twenty factors considered for this certification Enid, Oklahoma people will be able to attend the session were: Janitorial/Custodial in addition to the Commission 1. The action will not result in any Basewide members. additional reporting, recordkeeping or Cape Canaveral, Florida Interested persons may make oral or other compliance requirements for small NPA: Brevard Achievement Center, Inc., entities other than the small written presentations to the Commission Rockledge, Florida organizations that will furnish the or file written statements. Such requests Janitorial/Custodial commodities and services to the should be made prior to the meeting to: New Bedford Primary Care Clinic Government. Susan K. Moore, Executive Director, 175 Elm Street 2. The action does not appear to have New Bedford, Massachusetts Blackstone River Valley National a severe economic impact on current NPA: The Opportunity Center of Greater Heritage Corridor Commission, One contractors for the commodities and New Bedford, Inc., New Bedford, Depot Square, Woonsocket, RI 02895, services. Massachusetts Tel.: (401) 762–0250. 3. The action will result in Order Processing Service Further information concerning this authorizing small entities to furnish the Federal Prison Industries meeting may be obtained from Susan K. commodities and services to the Lexington, Kentucky Moore, Executive Director of the Government. NPA: The Clovernook Center, Commission at the aforementioned 4. There are no known regulatory Opportunities for the Blind, address. alternatives which would accomplish Cincinnati, Ohio. the objectives of the Javits-Wagner- Michael Creasey, O’Day Act (41 U.S.C. 46–48c) in E.R. Alley, Jr., Deputy Director, BRVNHCC. connection with the commodities and Deputy Executive Director. [FR Doc. 96–21706 Filed 8–21–96; 3:39 pm] services proposed for addition to the [FR Doc. 96–21547 Filed 8–22–96; 8:45 am] BILLING CODE 4310±70±P Procurement List. BILLING CODE 6353±01±P 43524 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Procurement List Additions impact of the proposed addition of the establishing a facility to create jobs for remaining Government requirement for people with disabilities. AGENCY: Committee for Purchase From the drawers on the current contractor. The comments received from the local People Who Are Blind or Severely The current contractor also noted that organizations, the State legislator, and Disabled. the nonprofit agencies can already bid Members of Congress emphasized some ACTION: Additions to the Procurement on the part of the Government of the arguments of the contractors on List. requirement which is procured whose behalf these comments were commercially, while the current submitted. Some of the commenters also SUMMARY: This action adds to the contractor cannot bid on the portion cited the loss of jobs and unemployment Procurement List commodities to be reserved for the nonprofit agencies, so it rates in the two geographical areas furnished by nonprofit agencies would not be fair to add the involved. One Member of Congress employing persons who are blind or commercially procured part of the questioned the ability of the nonprofit have other severe disabilities. Government requirement to the agencies to meet military emergency EFFECTIVE DATE: September 23, 1996. Procurement List. requirements, indicated that loss of this ADDRESSES: Committee for Purchase The current contractor challenged the business by the private sector would From People Who Are Blind or Severely fair market prices the Committee has set erode the defense industrial base as well Disabled, Crystal Square 3, Suite 403, for the drawers and for another similar as an industry greatly beset by foreign 1735 Jefferson Davis Highway, clothing item as not being fair prices competition, and questioned whether all Arlington, Virginia 22202–3461. under the Committee guidelines. The work of this type should be set aside for FOR FURTHER INFORMATION CONTACT: current contractor also challenged the the JWOD Program. The State legislator Beverly Milkman (703) 603–7740. compliance of the nonprofit agency suggested that the needs of people with designated to produce the drawers with disabilities should be balanced against SUPPLEMENTARY INFORMATION: On August the Committee’s disabled direct labor those of the workers who stand to be 4, 1995, the Committee for Purchase ratio and other program requirements, displaced if the Committee’s proposal From People Who Are Blind or Severely and the nonprofit agency’s ability to were to be approved. Disabled published notice (60 FR 39946) achieve the required ratio on this The Committee added only fifty of proposed additions to the project, given the current contractor’s percent of the Government requirement Procurement List. Comments were assessment of the productivity of the for the drawers to the Procurement List received from the current contractor for workers with disabilities involved in the in 1989 because of concern that adding the portion of the Government’s project. the entire requirement at that time requirement for the cold weather Based on its review of Committee would have a severe adverse impact on drawers which is procured from records received in response to a the former contractor, which was then a commercial sources and from a former Freedom of Information Act (FOIA) subcontractor but was anticipated to, contractor. Comments were also request, the current contractor claimed and did, become the contractor for the received from four local organizations, that decisions on impact of the drawers. Since that time, the former three Members of Congress, and a State proposed addition to the Procurement contractor has lost the contract to the legislator, all writing in support of the List on the current contractor and current contractor. Under the two contractors. capability of the nonprofit agency to competitive bidding system, no The current contractor has indicated produce the drawers had been made contractor is guaranteed a Government that it is entirely dependent on outside the prescribed process. The contract for the drawers. Accordingly, it Government purchases of its products. current contractor also claimed that is possible that the former contractor, Loss of the ability to sell the drawers to several requirements set forth in which has not produced the drawers in the Government would cause it to lay Committee procedural memoranda had over a year, will never again hold a off some of its workers and would cause not been followed in preparing the Government contract for the drawers. the irretrievable loss of an investment in record for a Committee decision on the For this reason, the Committee looks at equipment and training. The current proposed addition to the Procurement the current contractor when assessing contractor also cited the impacts on it of List. impact, since that entity is most likely the Committee’s addition of other The former contractor characterized the one which would lose sales if an clothing items to the Procurement List, the Committee’s 1989 decision to add item were to be added to the including chemical protective only fifty percent of the Government Procurement List. Claims of impact by undergarments, cold weather requirement for the drawers to the other contractors are generally undershirts, and a physical fitness Procurement List as an agreement to considered by the Committee to be uniform. split the requirement between the objections to losing the possibility of In its initial comments, in August Committee’s Javits-Wagner-O’Day bidding on future contracts for the item. 1995, the current contractor indicated (JWOD) Program and the commercial Loss of this possibility is not considered that it had a larger number of sector. The former contractor noted its to be severe adverse impact. Government contracts than usual, and substantial dependence on Government Consequently, any loss which the anticipated that the ultimate impact of business and the loss of business to former contractor and its employees the Committee’s action on the company foreign competition, Federal Prison may experience in the immediate future would be greater than apparent at that Industries, and the JWOD Program as would not be caused by the Committee’s time because its Government business factors responsible for the downsizing of action in adding the remaining would return to the normal level. In a its business and a loss of jobs for its Government requirement for the later comment, submitted in June 1996, workers. The former contractor claimed drawers to the Procurement List, since the current contractor indicated that the that the proposed addition to the they will not be losing anything they predicted decline had occurred, and Procurement List would cause it to have not already lost. further contended that all the impacts furlough a large number of its remaining In addition, it should be noted that the Committee’s actions have had on the workers. It also questioned the fairness the Committee also limited the 1989 current contractor over the years should of the Committee’s price for the addition of a related item—cold weather be taken into account in assessing the drawers, and claimed that it is undershirts—to the Procurement List to Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43525 fifty percent to avoid having a severe drawers, leaving one-quarter of the contractor concluded that people with adverse impact on the former contractor. requirement available for the current severe disabilities are only capable of In this case, that contractor continues to contractor to continue competing for. working 396.5 hours per year and that hold the contract for the portion of the The machinery used to make the there are only 739 such individuals in undershirt requirement that is drawers is primarily standard sewing the nonprofit agency’s State who are commercially procured. The equipment used for serging operations eligible to work on JWOD contracts. The Committee’s action at this time will not and can easily be used for other current contractor therefore questioned affect the contractor’s ability to retain Government or commercial whether the nonprofit agency would be this business. applications. Consequently, the able to obtain the disabled labor The current contractor indicated that Committee does not agree with the necessary to perform its contract. The it had been impacted previously by current contractor that use of its current contractor misinterpreted the Committee actions. A search of machinery or its investment in training data in question; the people covered by Committee records revealed that the its workers would be irretrievably lost the data are not limited to the number current contractor was not the current because of the addition of the remaining of hours stated by the current contractor for any other item at the time Government requirement for the contractor, nor is participation in the it was added to the Procurement List. drawers to the Procurement List. JWOD Program limited to current However, based on information Moreover, since the Committee has participants, as assumed by the provided by the contractor, it appears decided to leave 25 percent of the contractor. that it had been a subcontractor for the requirement in the competitive The current contractor’s claims that items cited. Notwithstanding this, the procurement arena, the contractor will decisions were made in the current contractor’s total sales increased have the opportunity to continue using administrative process outside normal after the Committee’s previous additions some of its employees and equipment to procedures are based on a misreading of and are now at approximately the level produce the drawers. documents obtained under FOIA. they were before the contractor’s recent The current contractor’s contention Decisions on severity of impact are substantial expansion and decline. that the producing nonprofit agency is made by the Committee when it votes While the contractor’s sales data not in compliance with Committee on addition of an item to the indicates that 1996 sales are likely to be regulations is based on a 1991 report of Procurement List, not by Committee well below those of 1995, the entire a documentation problem which has staff or NISH personnel. Inspections decline appears to be due to the current since been corrected, and the current were conducted to determine the contractor’s having completed a large contractor’s misunderstanding of the capability of the two nonprofit agencies contract for a type of chemical percentage of disabled direct labor which will produce the new protective underwear that is not on the required on a Committee project. The 75 requirement of the drawers: no waivers Procurement List. In addition, sales for percent disabled labor requirement of inspection were granted. Documents the first half of 1996 are already about applies to total direct labor employed by were submitted by NISH to the equal to the company’s average annual a nonprofit agency on all its contracts, Committee in accordance with the sales for the years 1988 through 1994. not to individual projects, which can be timetable set out in Committee Accordingly, the Committee’s previous performed at a lower (or higher) procedural memoranda. Because of the actions do not appear to be having any percentage. In addition, the Committee contemplated initial disabled direct substantial impact on the current permits nonprofit agencies to start labor ratio, no phase-in plan is required contractor. projects at a lower percentage than is by Committee procedures. The one possible exception in this ultimately intended, as long as the The current contractor contends that situation is the Marine Corps chemical overall 75 percent requirement is met it is unfair for nonprofit agencies to be protective underwear which has been and the ultimate percentage for the able to bid against it for commercial added to the Procurement List. The project in question is acceptable. contracts for the drawers while the current contractor thinks this underwear The current contractor’s challenge to current contractor is precluded from might be adopted by the other military the nonprofit agency’s qualification to supplying the part of the Government services, displacing the underwear participate in the JWOD Program also requirement reserved for the JWOD which the current contractor has included a contention that it was really Program. This position does not take recently produced for the Government not a nonprofit agency because a recent into account the remedial nature of the and impacting its sales. The Committee substantial increase in its net worth statute which created the program. thinks that this development is unlikely, showed it had made a ‘‘profit.’’ Persons with severe disabilities but has promised the current contractor Nonprofit status, as defined in both the historically and now have extremely that it will revisit the impact issue and, Committee’s law and the Federal tax high rates of unemployment, exceeding if appropriate, modify its previous code, requires only that a nonprofit 65 percent. Congress created the JWOD action if the development the current corporation be structured and operated Program to remedy this situation to the contractor fears were to occur. in a manner that precludes the extent possible through the Federal The Committee does not believe its inurement of the net earnings of the procurement process. As a result, previous actions have led to any corporation to any individual. The first Congress knowingly limited the reduction in the current contractor’s step in the Committee’s qualification of Government procurement opportunities sales or to other continuing impacts. a nonprofit agency to participate in its of less disadvantaged companies, such However, it has decided that adding the program is a verification that the as the current and former contractors, to total remaining portion of the nonprofit agency meets this create a fairer situation for Americans as Government requirement for the qualification. The Committee has no a whole. By doing so, Congress drawers to the JWOD Program, as evidence that suggests the nonprofit addressed the balancing of the needs of requested, might cause severe adverse agency in question has failed to meet disabled and non-disabled citizens as impact to the current contractor. this requirement since its original the State legislator who wrote in Consequently, the Committee has qualification. support of the former contractor asked decided to add only an additional 25 Interpreting data presented in a the Committee to do. The current percent of the requirement for the Committee publication, the current contractor also charged that the 43526 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices nonprofit agency has an unfair with the Committee fair market pricing employment of people with disabilities advantage over his firm and others in policies in effect at the time they were for business or other reasons at any bidding for the portion of the established—policies that take into time. More importantly, the former Government requirement for the account the competitive bids submitted contractor’s new operation will not be drawers that is not in the JWOD by the current contractor and other guaranteed to continue receiving Program. This unfair advantage is potential suppliers. Consequently, the Federal or other business, so the jobs alleged to exist because the fair market nonprofit agency has proven itself would not be as stable as those afforded price is higher than market and provides capable of producing the drawers at a by the JWOD Program. the nonprofit agency with a substantial fair market price. With respect to the question about the profit which enables it to bid at a below The differences between Committee ability of nonprofit agency’s to meet market price. Based on the Committee’s prices and the current contractor’s military requirements, the Committee review of the nonprofit agency’s costs to prices for both products are less than notes that such organizations are held to make the drawers, it does not agree that reported by the current contractor. This the same military emergency a substantial profit is being made. In is partially because the Committee requirements and industrial capability addition, the drawers are being prices used by the current contractor requirements as commercial contractors. procured through small business set- were older than the current contractor’s The Committee does not believe that the aside procurements which nonprofit prices and, thus, not comparable. The defense industrial base will be eroded agencies are currently barred from differential is also less because of a by the participation of nonprofit participating in. Even when nonprofit Committee procedural change instituted agencies in furnishing defense agencies were eligible to compete for after receipt of the comments and commodities through the JWOD small business set-aside contracts, the applied to all future deliveries on Program, as these agencies have nonprofit agency involved in making current orders. As a result of the performed as least as well as their the drawers did not submit bids in comments, the Committee will also commercial counterparts as defense competition with the commenter for the consider a change in its fair market suppliers. Through this action, the non-JWOD portion of the drawers. pricing policy for concurrent buy items Committee is in fact expanding the Moreover, if a nonprofit agency bids on (i.e., items where the Committee has industrial base by adding another and wins a contract for an item which only added a portion of the Government producer under the JWOD Program. The it is also supplying under the JWOD requirement to the JWOD Program). If Committee is also aware that a Program, the fair market price for that approved, the new policy will affect the substantial majority of the apparel item is revised to reflect the award future adjustment of prices for the business of the Federal agency that price. This makes it unlikely that the drawers (and the comparable item purchases the drawers remains available type of situation feared by the current mentioned by the current contractor). for competitive procurement, thus, the contractor will occur, since the result After discussing changes over time in non-JWOD participants in the defense would be to reduce the price received the nonprofit agency’s prices, the industrial base continue to have the by the nonprofit agency for the JWOD current contractor concluded that the opportunity to obtain significant portion. existence of competitive bids for a business from a major defense The current contractor observed that portion of the Government requirement procurement agency, so the dependence the nonprofit agency did not appear for the drawers appeared to be of the current and former contractors on capable of producing the drawers at a responsible for reducing the fair market Government contracting should not fair market price as required by the prices for those drawers. In the absence seriously affect their future well-being. Committee’s regulations. Therefore, the of this ‘‘check and balance,’’ the current The questions of impact on the current contractor concluded, the contractor speculated that the clothing industry and the employment nonprofit agency was not entitled to Government would unnecessarily spend rates of areas hard hit by foreign produce more of the Government millions of additional dollars for the competition and domestic downsizing requirement for the drawers, and should drawers. The Committee believes that are difficult ones. The Committee is lose its existing right to produce 50 its fair market pricing policies, which aware that its nonprofit agencies and percent of the Government requirement. are based on competitive bids, changes their employees with disabilities have The current contractor supported its in Producer Prices Indices and, to a also been hit by these developments. position by comparing nonprofit agency certain extent, nonprofit agency costs, Given their greater difficulty in securing prices for the drawers with its own and provide the Government with fair prices and holding employment, and the stating that the nonprofit agency’s prices for JWOD items without the necessity of remedial nature of the Committee’s exceeded those permitted by the the type of ‘‘check and balance’’ statute mentioned above, the Committee Committee’s fair market pricing policy. advocated by the current contractor. believes that the best course is for it to The current contractor alleged that a However, in this particular case, the continue to achieve its mission of similar situation existed with a Committee’s decision to permit 25% of creating jobs for people with severe comparable product being furnished to the Government requirement to remain disabilities within the restrictions the Government under the JWOD available for competitive procurement, imposed by its regulations, and that Program by another nonprofit agency. will assure that the ‘‘check and balance’’ placing a part of the proposed The former contractor also questioned the current contractor believes additional requirement for the drawers whether the nonprofit agency’s price necessary will continue to exist. on the Procurement List is within the represented a fair market value. The Committee applauds the former meaning of those restrictions. The Committee has established the contractor’s intent to establish a facility For the reasons stated above, the prices that have been charged by the to create jobs for people with Committee does not believe the addition nonprofit agency for the drawers (as disabilities. However, the Committee of another 25 percent of the cold well as the prices charged by another does not believe that such facilities weather drawers requirement nonprofit agency for the comparable would eliminate the need to create jobs constitutes severe adverse impact on the product) since their addition to the through the JWOD Program, as the current contractor or other parties. Also JWOD Program in August 1989. Those former contractor, like other companies, for the reasons stated above, the prices have in each case been consistent would be free to terminate the Committee believes that the objections Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43527 raised by the current contractor and DEPARTMENT OF COMMERCE A copy of the application and other parties fail to justify a decision not accompanying exhibits will be available to place any additional quantity of the Foreign-Trade Zones Board for public inspection at each of the drawers on the Procurement List. [Docket 63±96] following locations: After consideration of the material U.S. Department of Commerce Export presented to it concerning capability of Foreign-Trade Zone 170ÐClark Assistance Center, 601 W. Broadway, County, Indiana Application for qualified nonprofit agencies to provide Room 634B, Louisville, Kentucky Expansion the commodities and impact of the 40202 addition on the current or most recent An application has been submitted to Office of the Executive Secretary, contractors, the Committee has the Foreign-Trade Zones Board (the Foreign-Trade Zones Board, Room 3716, U.S. Department of Commerce, determined that the commodities listed Board) by the Indiana Port Commission, 14th and Pennsylvania Avenue, NW., below are suitable for procurement by grantee of Foreign-Trade Zone 170, Washington, DC 20230. the Federal Government under 41 U.S.C. requesting authority to expand its zone 46–48c and 41 CFR 51–2.4. in the Clark County, Indiana area, Dated: August 16, 1996. within the Louisville Customs port of John J. Da Ponte, Jr., I certify that the following action will entry. The application was submitted Executive Secretary. not have a significant impact on a pursuant to the provisions of the substantial number of small entities. [FR Doc. 96–21562 Filed 8–22–96; 8:45 am] Foreign-Trade Zones Act, as amended BILLING CODE 3510±DS±P The major factors considered for this (19 U.S.C. 81a–81u), and the regulations certification were: of the Board (15 CFR Part 400). It was 1. The action will not result in any formally filed on August 15, 1996. [Docket 36±96] additional reporting, recordkeeping or FTZ 170 was approved on December other compliance requirements for small 27, 1990 (Board Order 495, 56 F.R. 673, Foreign-Trade Zone 7ÐMayaguez, entities other than the small 1/8/91). The zone currently consists of Puerto Rico, Application for Subzone organizations that will furnish the two sites in Clark County: Site 1 (35 Status, Mani Can Corporation Facilities commodities to the Government. acres)—within the 830-acre Clark (Steel Cans), Mayaguez, Puerto Rico; Maritime Centre Complex on Utica Pike Extension of Public Comment Period 2. The action will not have a severe at Port Road, Jeffersonville; and, Site 2 economic impact on current contractors (22 acres)—at the Clark County Airport The comment period for the above for the commodities. between State Route 31 and the airport case, requesting special-purpose 3. The action will result in terminal, Sellersburg. subzone status for the easy-open steel authorizing small entities to furnish the The applicant is now requesting can processing facilities of Mani Can commodities to the Government. authority to expand the general-purpose Corporation (a wholly-owned affiliate of zone to include a site (Proposed Site 3— Star-Kist Foods, Inc., in turn wholly 4. There are no known regulatory 2,000 acres)—within the 10,000-acre owned by the H. J. Heinz Company), alternatives which would accomplish former Indiana Army Ammunition located in Mayaguez, Puerto Rico (61 FR the objectives of the Javits-Wagner- Plant, 11452 State Road 62, 24271, 5/14/96), is further extended to O’Day Act (41 U.S.C. 46–48c) in Charlestown. In 1993, the U.S. Army October 22, 1996, to allow interested connection with the commodities through its Industrial Operations parties additional time in which to proposed for addition to the Command and ICI Americas Inc. (ICI) comment on the proposal. Procurement List. entered into a facilities use contract that Comments in writing are invited Accordingly, the following allowed ICI to use the plant for non- during this period. Submissions should commodities are hereby added to the defense activities as part of conversion include 3 copies. Material submitted Procurement List: efforts. ICI is in the process of will be available at: Office of the developing the facility as an industrial Executive Secretary, Foreign-Trade Drawers, Cold Weather park with the infrastructure to Zones Board, U.S. Department of accommodate a range of warehouse/ Commerce, room 3716, 14th and 8415–01–227–9542 distribution and manufacturing Pennsylvania Avenue NW, Washington, 8415–01–227–9543 operations. No specific manufacturing DC 20230. 8415–01–227–9544 requests are being made at this time. Dated: August 16, 1996. Such requests would be made to the 8415–01–227–9545 John J. Da Ponte, Jr., Board on a case-by-case basis. Executive Secretary. 8415–01–227–9546 In accordance with the Board’s [FR Doc. 96–21561 Filed 8–22–96; 8:45 am] regulations, a member of the FTZ Staff (Additional 25% of the Government’s BILLING CODE 3510±DS±P requirement) has been designated examiner to investigate the application and report to This action does not affect current the Board. International Trade Administration contracts awarded prior to the effective Public comment on the application is date of this addition or options that may invited from interested parties. [A±588±841] be exercised under those contracts. Submissions (original and 3 copies) E.R. Alley, Jr., shall be addressed to the Board’s Initiation of Antidumping Duty Executive Secretary at the address Deputy Executive Director. Investigation: Vector Supercomputers below. The closing period for their From Japan [FR Doc. 96–21548 Filed 8–22–96; 8:45 am] receipt is October 22, 1996. Rebuttal BILLING CODE 6353±01±P comments in response to material AGENCY: Import Administration, submitted during the foregoing period International Trade Administration, may be submitted during the subsequent Department of Commerce. 15-day period (to November 6, 1996). EFFECTIVE DATE: August 23, 1996. 43528 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

FOR FURTHER INFORMATION CONTACT: Determination of Industry Support for production of ‘‘the domestic like Edward Easton at (202) 482–1777 or the Petition product.’’ The International Trade Sunkyu Kim at (202) 482–2613, Office Section 732(b)(1) of the Act requires Commission (‘‘ITC’’), which is of AD/CVD Enforcement II, Import that petitions be filed on behalf of the responsible for determining whether Administration, International Trade domestic industry. Section 732(c)(4)(A) ‘‘the domestic industry’’ has been Administration, U.S. Department of of the Act provides that a petition meets injured, must also determine what Commerce, 14th Street and Constitution this requirement if the domestic constitutes a domestic like product in Avenue, N.W., Washington, DC 20230. producers or workers who support the order to define the industry. However, while both the Department and the ITC INITIATION OF INVESTIGATION: petition account for (1) at least 25 percent of the total production of the must apply the same statutory definition The Applicable Statute domestic like product; and (2) more of domestic like product, they do so for than 50 percent of the production of the different purposes and pursuant to Unless otherwise indicated, all separate and distinct authority. domestic like product produced by that citations to the statute are references to Although this may result in different portion of the industry expressing the provisions effective January 1, 1995, definitions of the like product, such support for, or opposition to, the the effective date of the amendments differences do not render the decision of made to the Tariff Act of 1930 (the Act) petition. On August 14, 1996, Fujitsu Limited either agency contrary to the law. See by the Uruguay Round Agreements Act Algoma Steel Corp., Ltd. v. United (URAA). (‘‘Fujitsu’’) made a submission challenging industry support for the States, 688 F. Supp. 639, 642–44 (CIT 1988); High Information Content Flat The Petition petition. Fujitsu argues that the Panel Displays and Display Glass petitioner’s definition of the ‘‘domestic On July 29, 1996, the Department of Therefor from Japan: Final like product’’ as limited to vector Commerce (‘‘the Department’’) received Determination; Rescission of supercomputers is unreasonable and a petition, filed, in proper form, by Cray Investigation and Partial Dismissal of that the proper domestic like product Research, Inc., of Eagan, Minnesota Petition, 56 Fed. Reg. 32376, 32380–81 definition would encompass additional (‘‘the petitioner’’). On August 9, 1996, (July 16, 1991) (Flat Panel Displays). Cray Research, Inc., provided high-performance computer platforms Because the domestic like product is supplemental information concerning that compete with vector an integral part of the definition of the assertions made in its petition. supercomputers for many of the industry and because Fujitsu has applications with which vector In accordance with section 732(b) of provided factual information supercomputers have been associated. the Act, the petitioner alleges that vector challenging the definition of the Specifically, Fujitsu argues that supercomputers are being, or are likely domestic like product in the petition, massively parallel processors and to be, sold in the United States at less we are examining the definition of the networked workstations must also be than their fair value within the meaning like product in the petition in light of included within the domestic like of section 731 of the Act, and that such the statutory provisions governing product. Fujitsu further argues that the imports are materially injuring, or initiation and the facts of record. Department ought to poll the domestic threatening material injury to, an Section 771(10) of the Act defines producers of these other high- industry in the United States. domestic like product as ‘‘a product that performance computer platforms to is like, or in the absence of like, most The petitioner states that it has determine whether there is a requisite similar in characteristics and uses with, standing to file the petition because it is percentage of support for the petition the article subject to an investigation an interested party, as defined in section within this broader group of domestic under this title.’’ Thus, the reference 771(9)(C) of the Act. producers. On August 16, 1996, the point from which the like product Scope of the Investigation petitioner submitted a rebuttal to analysis begins is ‘‘the article subject to Fujitsu’s arguments. The basis of the an investigation,’’ i.e., the class or kind The products covered by this petitioner’s rebuttal is that much of the of merchandise to be investigated, investigation are all vector documentary information filed by which normally will be the scope as supercomputers, whether new or used, Fujitsu, as well as other information, defined in the petition. and whether in assembled or indicates that the characteristics and The scope of Cray’s petition is limited unassembled form, as well as vector uses, as those terms are used in section specifically to vector supercomputers supercomputer spare parts, repair parts, 771(10) of the Act, of vector ‘‘* * * with a vector hardware unit as upgrades, and system software shipped supercomputers distinguish them from an integral part of any of its central to fulfill the requirements of a contract both massively parallel processors and processing unit boards (‘‘CPU’’).’’ The for the sale and, if included, networked workstations. On the basis of petition provides examples of both maintenance of a vector supercomputer. these distinctions, the petitioner asserts imported massively parallel processors, A vector supercomputer is any that vector supercomputers are the with vector hardware, which are computer with a vector hardware unit as appropriate domestic like product for included within this definition of a an integral part of its central processing the petitioned-for antidumping vector supercomputer and domestically- unit boards. investigation. On August 19, 1996, produced mainframe computers with a The vector supercomputers imported Fujitsu filed a second submission to vector facility that is not an integral part from Japan, whether assembled or take issue with petitioner’s August 16, of the mainframe CPU boards and, unassembled, covered by this 1996 arguments. therefore, not considered within the investigation are classified under Section 771(4)(A) of the statute ‘‘domestic like product’’ asserted in the heading 8471 of the Harmonized Tariff defines the ‘‘industry’’ as the producers petition. The key to petitioner’s Schedules of the United States (HTS). of a ‘‘domestic like product.’’ Thus, to definition of the scope of the Although the HTS heading is provided determine whether the petition has the investigation is the physical for convenience and customs purposes, requisite industry support, the statute characteristic that the vector facility be our written description of the scope of directs the Department to look to an integral part of any of the computer’s this investigation is dispositive. producers and workers who account for CPU boards. This characteristic Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43529 identifies both the Japanese vector technical requirements (which involved leases as equivalent to sales. These same supercomputers that the petitioner weather forecasting and climate circumstances that classify this lease would have subject to the antidumping modeling applications) in the University under GAAP also establish the lease as investigation and the domestically- Corporation for Atmospheric Research equivalent to a sale within the meaning produced products that would define (‘‘UCAR’’) procurement from which this of section 771(19) of the Act. the domestic industry. petition derives the export price. In Although the Japanese home market is There is no dispute that the vector sum, based on the evidence submitted, viable, the petitioner contends that supercomputers produced by the we find that the domestic like product, vector supercomputers sold in Japan petitioner are like the Japanese vector like the scope of the investigation, is differ substantially from the system supercomputers which are the subject of limited to vector supercomputers. offered to UCAR in the United States. the petition, i.e., that the petitioner Our review of the data provided in the Consequently, the petitioner was unable produces a domestic like product. petition and other information readily to provide information concerning sales Fujitsu argues, however, that there are available to the Department indicates of identical or similar vector other types of supercomputers and that that the petitioner accounts for more supercomputers sold by NEC in both the producers of those supercomputers than 50 percent of the total domestic markets. Since home market prices do are part of the industry as well. In this production of vector supercomputers, not provide an appropriate basis for regard, Fujitsu argues that all thus meeting the standard of section price comparisons, the petitioner based supercomputers constitute a single 732(c)(4)(A) of the Act and requiring no normal value on constructed value domestic like product. We disagree. further action by the Department (‘‘CV’’) for estimating a dumping margin As a starting point, the scope of the pursuant to section 732(c)(4)(D) of the based on the offer to UCAR. petition is not all supercomputers, but Act. Accordingly, the Department CV includes the cost of manufacturing rather is limited solely to vector determines that the petition is (‘‘COM’’), research and development supercomputers. The relevant ‘‘like supported by the domestic industry. costs (‘‘R&D’’), selling, general and product’’ inquiry must begin by Export Price and Normal Value administrative expenses (‘‘SG&A’’), identifying the domestic product(s) interest expense, U.S. packing, and which is ‘‘like’’ the vector The petitioner based the export price profit. supercomputer, the merchandise subject on a ‘‘best and final offer’’ (BAFO) to The petitioner calculated the COM, to investigation. Fujitsu effectively seeks supply UCAR with four vector R&D and SG&A on the basis of its own to disregard this fact by using all supercomputers manufactured by NEC cost experience purchasing and supercomputers, not vector Corporation (‘‘NEC’’), to be imported manufacturing vector supercomputer supercomputers, as its starting point. from Japan. Deductions were made for components and on publicly available While respondents may comment on the the estimated costs of the U.S. computer industry sources, including financial issue of industry support, including the systems integrator. statement and other operational data for definition of the domestic like product, Section 731 of the Act provides that NEC. For calculating profit, the they may not seek to expand the scope the Department may impose petitioner relied on a publicly available of the petition, i.e., the benchmark for antidumping duties if it determines that forecast of NEC’s projected 1996 the analysis of the domestic like the subject merchandise has been sold operating profit for computer sales other product. or is ‘‘likely to be sold’’ in the United than personal computers. The petitioner When properly analyzed, the States at less than fair value. did not include interest expenses or evidence of record demonstrates that Accordingly, section 772 of the Act packing in its calculation. there are clear dividing lines between defines export price as the price at Based on the comparison of the export the characteristics and uses of the vector which the subject merchandise was price to normal value, the petitioner supercomputers subject to investigation ‘‘sold (or agreed to be sold)’’ in the alleges a margin of 454 percent. and the various other types of United States. The irrevocable BAFO on supercomputers. Significantly, the which petitioner bases export price Fair Value Comparisons vector supercomputer has a different constitutes an offer for sale (or Based on the information provided by computer architecture than the non- agreement to sell) and represents a price the petitioners, there is reason to believe vector computer technologies and, at which the merchandise is likely to be that vector supercomputers from Japan consequently, it processes information sold. Therefore, the BAFO is a are likely to be sold at less than fair differently. The close physical reasonable basis for determining export value. If it becomes necessary at a later proximity of the vector hardware to the price. date to consider the petition as a source computer’s central processing boards The BAFO on which export price is of facts available under section 776 of and high memory bandwidth (with based calls for a lease of the vector the Act, we may further review the limited parallelism) contribute to the supercomputers. The term of the lease margin calculation in the petition. high speeds with which vector encompasses the useful life of the vector supercomputers process information. supercomputers. These vector Initiation of Investigation These differences give vector supercomputers are not expected to We have examined the petition on supercomputers different performance have any residual value at the vector supercomputers and have found characteristics than non-vector conclusion of the lease. By necessity, that it meets the requirements of section supercomputers. For example, vector these supercomputers will be integrated 732 of the Act, including the supercomputers are more efficient into the climate modeling and weather requirements concerning allegations of dealing with linear and matrix algebra forecasting operations of UCAR. It is a material injury or threat of material equations than are non-vector customary practice in the vector injury to the domestic producers of a supercomputers. Given the states of the supercomputer industry effectively to domestic like product by reason of the different supercomputer technologies transfer ownership through similar likely sales at less than fair value. today, there are computer modeling extended leases, rather than outright Therefore, we are initiating an applications where only the vector sales. Under these circumstances, antidumping duty investigation to supercomputers are used. For example, generally accepted accounting determine whether vector only vector supercomputer bids met the principles (‘‘GAAP’’) classify such supercomputers from Japan are being, or 43530 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices are likely to be, sold at less than fair ADDRESSES: The application and letter Dated: August 16, 1996. value. Unless extended, we will make are available for review in the following P. Michael Payne, our preliminary determination by offices: Office of Protected Resources, Acting Director, Office of Protected Resources, January 6, 1997. NMFS, 1315 East-West Highway, Silver National Marine Fisheries Service. Distribution of Copies of the Petition Spring, MD 20910 and the Southeast [FR Doc. 96–21518 Filed 8–22–96; 8:45 am] Region, NMFS, 9721 Executive Center BILLING CODE 3510±22±F In accordance with section Drive N, St. Petersburg, FL 33702. 732(b)(3)(A) of the Act, a copy of the FOR FURTHER INFORMATION CONTACT: public version of the petition has been [I.D. 081596E] Kenneth R. Hollingshead, Office of provided to the representatives of the Protected Resources, NMFS, (301) 713– Government of Japan. We will attempt Gulf of Mexico Fishery Management 2055 or Charles Oravetz, Southeast to provide a copy of the public version Council; Public Meeting Region (813) 570–5312. of the petition to each exporter of vector AGENCY: National Marine Fisheries supercomputers named in the petition. SUPPLEMENTARY INFORMATION: Service (NMFS), National Oceanic and International Trade Commission Section 101(a)(5)(A) of the MMPA (16 Atmospheric Administration (NOAA), Notification U.S.C. 1361 et seq.) directs NMFS to Commerce. We have notified the ITC of our allow, on request, the incidental, but not ACTION: Notice of public meeting. intentional, taking of small numbers of initiation, as required by section 732(d) SUMMARY: The Gulf of Mexico Fishery marine mammals by U.S. citizens who of the Act. Management Council (Council) will engage in a specified activity (other than convene a public meeting of the Texas Preliminary Determinations by the ITC commercial fishing) within a specified Habitat Protection Committee. The ITC will determine by September geographical region, if certain findings 12, 1996, whether there is a reasonable are made and regulations are issued. DATES: This meeting will be held on indication that imports of vector Under the MMPA, the term ‘‘taking’’ September 18, 1996, beginning at 9:00 supercomputers from Japan are causing means to harass, hunt, capture or kill or a.m. material injury, or threatening to cause to attempt to harass, hunt, capture or ADDRESSES: This meeting will be held at material injury, to a U.S. industry. A kill marine mammals. the Sheraton Crown Hotel & Conference negative ITC determination will result Permission may be granted for periods Center, 15700 John F. Kennedy in the investigation being terminated; up to 5 years if NMFS finds, after Boulevard, Houston, Texas; telephone: otherwise, the investigation will notification and opportunity for public 713/442–5100. proceed according to statutory and comment, that the taking will have a Council address: Gulf of Mexico regulatory time limits. negligible impact on the species or Fishery Management Council, 5401 West Kennedy Boulevard, Suite 331, Dated: August 19, 1996. stock(s) of marine mammals and will Tampa, FL 33609. Jeffrey P. Bialos, not have an unmitigable adverse impact FOR FURTHER INFORMATION CONTACT: Acting Assistant Secretary for Import on the availability of the species or Administration. stock(s) for subsistence uses. In Richard Hoogland, Biologist, Gulf of Mexico Fishery Management Council; [FR Doc. 96–21560 Filed 8–22–96; 8:45 am] addition, NMFS must prescribe regulations that include permissible telephone: 813–228–2815. BILLING CODE 3510±DS±P methods of taking and other means SUPPLEMENTARY INFORMATION: A panel of effecting the least practicable adverse concerned representatives of Texas National Oceanic and Atmospheric impact on the species and its habitat, recreational and commercial fishing Administration and on the availability of the species for groups, conservation organizations, subsistence uses, paying particular academia and state and Federal resource [I.D. 081596D] attention to rookeries, mating grounds agencies will gather to review and and areas of similar significance. The discuss marine fishery habitat issues. Incidental Take of Marine Mammals; regulations must include requirements The Texas group is part of a three-unit Bottlenose Dolphins and Spotted pertaining to the monitoring and Habitat Protection Advisory Panel (AP) Dolphins reporting of such taking. Regulations to the Council. The principal role of the AGENCY: National Marine Fisheries governing the taking of bottlenose and APs is to assist the Council in Service (NMFS), National Oceanic and spotted dolphins incidental to oil and attempting to maintain optimum Atmospheric Administration (NOAA), gas structure removal activities in the conditions within the habitat and Commerce. Gulf of Mexico were published on ecosystems supporting the marine ACTION: Notice of issuance of letter of October 12, 1995 (60 FR 53139) and resources of the Gulf of Mexico. APs authorization. remain in effect until November 13, serve as a first alert system to call to the 2000. Council’s attention proposed projects SUMMARY: In accordance with the being developed and other activities Summary of Request Marine Mammal Protection Act which may adversely impact the Gulf (MMPA) as amended, and implementing NMFS received a request for a letter marine fisheries and their supporting regulations, notification is hereby given of authorization on July 30, 1996, from ecosystems. The APs may also provide that a letter of authorization to take the Taylor Energy Company. This letter advice to the Council on its policies and bottlenose and spotted dolphins requested a take by harassment of a procedures for addressing incidental to oil and gas structure small number of bottlenose and spotted environmental affairs. removal activities was issued on August dolphins incidental to the described At this meeting, the AP will review a 7, 1996, to the Taylor Energy Company, activity. Issuance of these letters of large wetland management project at 234 Loyola Building, New Orleans, LA. authorization is based on a finding that Wild Cow Bayou, extension of the Gulf EFFECTIVE DATE: The letter of the total takings will have a negligible Intracoastal Waterway into Mexico, authorization is effective from August 7, impact on the bottlenose and spotted brown tide, and the hard head catfish 1996, through August 6, 1997. dolphin stocks of the Gulf of Mexico. die-off. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43531

A copy of the agenda can be obtained (4) Public Safety Wireless Advisory documented in the Air Force’s Record of by contacting the Council (see Committee (PSWAC) report. Decision. ADDRESSES). The meeting will be open to public The EIS will address the potential observations. Public entrance to the Special Accommodations environmental impact of disposal of building through the main entrance is property resulting from the realignment This meeting is physically accessible on 14th Street midway between of Kelly AFB pursuant to the Defense to people with disabilities. Requests for Pennsylvania Avenue and Constitution Base Closure and Realignment Act. The sign language interpretation or other Avenue. A period will be set aside for auxiliary aids should be directed to oral comments or questions by the EIS will also address the potential Anne Alford at the Council (see public which do not exceed 10 minutes environmental impacts of reasonable ADDRESSES) by September 11, 1996. each per member of the public. More disposal alternatives. Portions of the extensive questions or comments should base property will be realigned with Dated: August 15, 1996. Lackland AFB and will therefore not be Richard H. Schaefer, be submitted in writing before September 13, 1996. Other public available for disposal. Director, Office of Fisheries Conservation and Management, National Marine Fisheries statements regarding Committee affairs The scoping period for the Kelly AFB Service. may be submitted at any time before or Disposal and Reuse EIS will extend [FR Doc. 96–21516 Filed 8–22–96; 8:45 am] after the meeting. Approximately 20 through October 1996. On September seats will be available for the public on BILLING CODE 3510±22±F 17, 1996, starting at 7:00 PM, a formal a first-come, first-served basis. scoping meeting will be held at This meeting is physically accessible Kennedy High School, 1922 South National Telecommunications and to people with disabilities. Requests for General McMullen Highway, San Information Administration sign language interpretation or other Antonio, Texas, 78226. The purpose of auxiliary aids should be directed to the this meeting is to provide a forum for Spectrum Planning and Policy Federal Information Relay Service public officials and the community to (FIPS) on 1–800–877–8339. Advisory Committee (SPAC); Notice of provide information and comments and Copies of the minutes will be Meeting to identify environmental issues and available upon request 30 days after the SUMMARY: In accordance with the meeting. concerns that need to be assessed and discussed in the EIS. During the provisions of the Federal Advisory FOR FURTHER INFORMATION, CONTACT: meeting, the Air Force will discuss the Committee Act, 5 U.S.C. Appendix, Inquiries may be addressed to the proposal to dispose of portions of Kelly notice is hereby given that the Spectrum Executive Secretary, SPAC, Mr. Richard AFB, describe the process involved in Planning and Policy Advisory A. Lancaster, National Committee (SPAC) will meet on Telecommunications and Information preparing an EIS, and ask for input in September 20, 1996 from 9:30 a.m. to Administration, Room 4082, U.S. identifying alternate uses for the 4:30 p.m. in Room 1605 at the United Department of Commerce, 1401 property. The Air Force will consider States Department of Commerce, 1401 Constitution Avenue, N.W., reasonable alternatives offered by any Constitution Avenue, N.W., Washington, D.C. 20230, telephone 202– federal, state, or local government Washington, D.C. 482–4487. agency, as well as any individual or The Committee was established on private entity. Dated: August 16, 1996. July 19, 1965 as the Frequency To ensure sufficient time to Management Advisory Council (FMAC). Richard A. Lancaster, adequately consider public comments The name was changed in April, 1991, Executive Secretary, Spectrum Planning and concerning environmental issues and and in July, 1993, to reflect the Policy Advisory Committee, National increased scope of its mission. The Telecommunications and Information disposal alternatives to be included in Administration. objective of the Committee is to advise the EIS, the Air Force recommends that the Secretary of Commerce on radio [FR Doc. 96–21514 Filed 8–22–96; 8:45 am] comments and disposal proposals be frequency spectrum planning matters BILLING CODE 3510±60±M presented at the earliest possible date. and means by which the effectiveness of The Air Force will, however, accept Federal Government frequency additional comments any time during management may be enhanced. The DEPARTMENT OF DEFENSE the environmental impact analysis Committee consists of nineteen process. members, fifteen from the private sector, Department of the Air Force Please direct written comments or and four from the Federal Government, requests for further information whose knowledge of Notice of Intent To Prepare an Environmental Impact Statement for concerning the Kelly AFB disposal EIS telecommunications is balanced in the to: Mr. Ted Shierk, HQ AFCEE/ECP, functional areas of manufacturing, the Disposal of Portions of Kelly Air Force Base, Texas 3207 North Road, Brooks AFB TX analysis and planning, operations, 78235–5363, Phone: (210) 536–3807; research, academia, and international The United States Air Force (Air FAX (210) 536–3890. negotiations. Force) is issuing this notice to advise Patsy J. Conner, The principal agenda items for the the public that the Air Force intends to Air Force Federal Register Liaison Officer. meeting will be: prepare an environmental impact (1) Discussion of the Draft SPAC statement (EIS) to assess the potential [FR Doc. 96–21532 Filed 8–22–96; 8:45 am] Report of Spectrum Reallocation; environmental impacts in support of BILLING CODE 3910±01±W (2) Actions to be taken by the SPAC decision making for the disposal of in regards to the Draft Report of portions of Kelly Air Force Base (AFB) Spectrum Reallocation; in San Antonio, Texas. The resulting (3) Summary of radiation exposure EIS will be considered in making legislation; disposal decisions that will be 43532 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Department of the Army sociological environment, economic The proposed system report, as development and quality of life. required by 5 U.S.C. 522a(r) of the Environmental Assessment and Based on the analysis found in the Privacy Act of 1974, as amended, was Finding of No Significant Impact for EA, which is hereby incorporated in this submitted on August 8, 1996, to the the Relocation of the Communications- Finding of No Significant Impact, it has Committee on Government Reform and Electronics Management Missions and been determined that the Oversight of the House of Functions of the Aviation and Troop implementation of these relocations to Representatives, the Committee on Command (ATCOM) and the Fort Monmouth would have no Governmental Affairs of the Senate, and Relocation of the U.S. Army Audit significant or cumulatively significant the Office of Management and Budget Agency (AAA) Functions From St. impacts on the quality of the natural or (OMB) pursuant to paragraph 4c of Louis, MO, to Fort Monmouth, NJ human environment. Because no Appendix I to OMB Circular No. A–130, significant environmental impacts ‘Federal Agency Responsibilities for AGENCY: Department of the Army, DOD. would result from implementation of Maintaining Records About ACTION: Notice of availability. the proposed action, an Environmental Individuals,’ dated February 8, 1996 SUMMARY: In accordance with Public Impact Statement is not required and (February 20, 1996, 61 FR 6427). Law 101–510 (as amended), the Defense will not be prepared. Dated: August 19, 1996. Base Closure and Realignment Act of DATES: Inquiries and comments will be 1990, the Defense Base Closure and accepted for 15 days after publication of Realignment Commission recommended this Notice of Availability in the Federal Patricia L. Toppings, the relocation of the communications- Register. Alternate OSD Federal Register Liaison electronics materiel management ADDRESSES: Copies of the Officer, Department of Defense. missions and functions from the Environmental Assessment and Finding S200.60 DD Aviation and Troop Command of No Significant Impact can be (ATCOM), St. Louis, Missouri, to the obtained by contacting Dr. Neil SYSTEM NAME: Communications-Electronics Command Robinson at the U.S. Army Corps of Chaplain Care and Counseling (CECOM), Fort Monmouth, New Jersey. Engineers, Mobile District, ATTN: Records. The Army also proposes to take a CESAM–PD–E, P.O. Box 2288, Mobile, discretionary action: the relocation of Alabama 36628–0001 or by telephone at SYSTEM LOCATION: U.S. Army Audit Agency (AAA) (334) 690–3018. Office of the Command Chaplain, functions from St. Louis, Missouri, to Richard E. Newsome, Defense Logistics Agency, ATTN: Fort Monmouth, New Jersey, to support Assistant for Environmental Restoration. DDAC, 8725 John J. Kingman Road, the realigning ATCOM missions. [FR Doc. 96–21563 Filed 8–22–96; 8:45 am] Suite 2533, Fort Belvoir, VA 22060– 6221. The Environmental Assessment (EA) BILLING CODE 3710±08±M evaluates the environmental impacts CATEGORIES OF INDIVIDUALS COVERED BY THE associated with the transfer of SYSTEM: approximately 178 military and civilian Defense Logistics Agency positions from St. Louis, Missouri, to Individuals who have received Fort Monmouth, New Jersey. The Privacy Act of 1974; Notice to Add a spiritual counseling, guidance, or relocation of the communications- System of Records ministration from the DLA Command electronics materiel management Chaplain; individuals who have AGENCY: function from ATCOM to CECOM Defense Logistics Agency, participated in Chaplain sponsored involves the transfer of 8 military DOD. activities. ACTION: Notice to add a system of positions and 167 civilian positions. CATEGORIES OF RECORDS IN THE SYSTEM: records. The relocation of the ATCOM function The records contain the individual’s involves the renovation of building 206 SUMMARY: The Defense Logistics Agency name, home address and telephone on the Main Post. The renovation proposes to add a system of records to number, Social Security Number, project will principally involve gutting its inventory of record systems subject religion, and details for which the interior walls; replacing heating, to the Privacy Act of 1974 (5 U.S.C. individual sought counseling or ventilation, and air-conditioning 552a), as amended. assistance. systems; and increasing electrical DATES: This action will be effective system capacity. The relocation of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: without further notice on September 23, approximately 3 AAA civilian positions 1996, unless comments are received that 5 U.S.C. 302(b)(1) (Delegation of to Fort Monmouth is required to would result in a contrary authority); 10 U.S.C. 136, Assistant maintain adequate audit capabilities determination. Secretaries of Defense; 10 U.S.C. 3547, associated with the communications- Duties: Chaplains, assistance required of ADDRESSES: Send comments to the electronics materiel management commanding officers; 10 U.S.C. 5142 Privacy Act Officer, Defense Logistics function. The AAA personnel will Chaplain Corps and Chief of Chaplains; Agency, DASC-RP, Alexandria, VA relocate into AAA’s existing CECOM 10 U.S.C. 8067(h), Designation: officers 22304–6100. field office, located in Building 418, at to perform certain professional Fort Monmouth, New Jersey. FOR FURTHER INFORMATION CONTACT: Ms. functions (chaplains); and E.O. 9397 The EA examines potential impacts of Susan Salus at (703) 767–6183. (SSN). the proposed action and alternatives on SUPPLEMENTARY INFORMATION: The 13 resource areas and areas of Defense Logistics Agency notices for PURPOSE(S): environmental concern: land use, air systems of records subject to the Privacy To document spiritual counseling or quality, noise, water resources, geology, Act of 1974 (5 U.S.C. 552a), as amended, assistance provided to individuals. The infrastructure, training areas, hazardous have been published in the Federal records will be used in the course of and toxic materials, biological resources Register and are available from the scheduling counseling sessions, and ecosystems, cultural resources, the address above. conducting and evaluating training, and Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43533 recording participation in spiritual RECORD SOURCE CATEGORIES: environmental assessment. The activities. Information is provided by the record remainder of the F/A–18 assets (9 subject or subject’s family members. operational squadrons and the Fleet ROUTINE USES OF RECORDS MAINTAINED IN THE Replacement Squadron [FRS]), were to SYSTEM, INCLUDING CATEGORIES OF USERS AND EXEMPTIONS CLAIMED FOR THE SYSTEM: THE PURPOSES OF SUCH USES: be transferred to NAS Oceana and be the None. subject of an EIS. In addition to those disclosures [FR Doc. 96–21550 Filed 8–22–96; 8:45 am] In recognition of non-specific generally permitted under 5 U.S.C. BILLING CODE 5000±04±F language contained within the mandates 553a(b) of the Privacy Act, these records of BRAC 95, the Navy has conducted and information contained therein may preliminary planning analysis to specifically be disclosed outside DoD as Department of the Navy determine a range of reasonable a routine use pursuant to 5 U.S.C. alternatives for the basing of F/A–18 55a(b)(3) as follows: Amended Notice of Intent To Prepare operational aircraft. This included The ‘Blanket Routine Uses’ set forth at an Environmental Impact Statement identifying east coast air stations with the beginning DLA’s compilation of and Public Scoping Meeting Notice for necessary capacity, compatible missions systems of records notices do not apply Realignment of F/A±18 Aircraft and and appropriate facilities to support F/ to this system. Operational Functions From Naval Air A–18 operations. POLICIES AND PRACTICES FOR STORING, Station, Cecil Field, FL The Navy’s preliminary analysis indicated that the following stations RETRIEVING, ACCESSING, RETAINING, AND SUMMARY: Pursuant to Section 102(2)(c) DISPOSING OF RECORDS IN THE SYSTEM: have compatible missions, necessary of the National Environmental Policy capacity, and could support F/A–18 STORAGE: Act (NEPA) of 1969, as implemented by aircraft: NAS Oceana, Virginia Beach, Records are stored in paper and the Council on Environmental Quality VA; MCAS Cherry Point, Havelock, NC; computerized form. regulations (40 CFR Parts 1500–1508), and MCAS Beaufort, SC. Based on this the Department of the Navy announced RETRIEVABILITY: preliminary analysis, the Navy is in the its intent to prepare an Environmental process of developing F/A–18 Records are retrieved by name or Impact Statement (EIS) to evaluate the Social Security Number. alternative realignment scenarios for potential environmental consequences inclusion in the EIS. SAFEGUARDS: of the realignment of F/A–18 aircraft No preferred alternative for the and their associated personnel to Naval Records are stored in locked cabinets realignment has been identified by the Air Station (NAS) Oceana, Virginia or rooms and are controlled by Navy. Because several reasonable Beach, Virginia on November 16, 1995. personnel screening and computer alternatives may be identified for the In accordance with the 1993 mandates software. realignment of F/A–18 operational of the Defense Base Closure and aircraft, the Navy now plans to prepare RETENTION AND DISPOSAL: Realignment Commission (BRAC 93), one EIS addressing the transfer of all 11 Information is retained in the system the Navy will close NAS Cecil Field, operational squadrons and the FRS from until superseded or no longer needed. Florida, and realign its F/A–18 and S– NAS Cecil Field. 3 aircraft, personnel, and other ancillary This move includes approximately SYSTEM MANAGER(S) AND ADDRESS: activities. The 1995 Defense Base 200 aircraft, 5000 military personnel, Office of the Command Chaplain, Closure and Realignment Commission and 200 civilians. In order to Defense Logistics Agency, ATTN: (BRAC 95) changed the receiving sites accommodate this realignment, DDAC, 8725 John J. Kingman Road, for NAS Cecil Field assets to ‘‘other depending on the alternative, new/ Suite 2533, Fort Belvoir, VA 22060– naval air stations, primarily NAS existing facilities will be constructed or 6221. Oceana, Virginia; MCAS Beaufort, South modified at NAS Oceana, MCAS Cherry Carolina; NAS Jacksonville, Florida; and NOTIFICATION PROCEDURES: Point, and/or MCAS Beaufort. In NAS Atlanta, Georgia; or other Navy or addition, this realignment will result in Individuals seeking to determine Marine Corps Air Stations with the a greater level of aircraft operations at whether this system of records contains necessary capacity and support each of the respective stations and their information about themselves should infrastructure.’’ This change was made associated training ranges, depending address written inquiries to the Privacy to support the Navy’s operational on the alternative selected. Act Officer, HQ DLA-CAAV, 8725 John mission by maximizing the use of The Navy intends to analyze the J. Kingman Road, Suite 2533, Fort existing infrastructure and capacity, potential impacts of each alternative on Belvoir, VA 22060–6221. eliminating the need for substantial new the natural environment, including but RECORD ACCESS PROCEDURES: construction to support the realignment, not limited to air quality, plant and Individuals seeking access to records and maintaining operational flexibility animal habitats, and water resources, about themselves contained in this for deployment. such as streams and wetlands. It will system of records should address The Navy’s November 16, 1995 notice also evaluate potential effects to the written inquiries to the Privacy Act of intent indicated that for BRAC 95, built environment, including land use Officer, HQ DLA-CAAV, 8725 John J. two F/A–18 reserve squadrons are patterns, cultural resources, Kingman Road, Suite 2533, Fort Belvoir, proposed to be transferred to NAS transportation, housing, community VA 22060–6221. Atlanta for integration with Naval services, and the regional economy. Reserve Forces and would be the subject Further, the Navy will be preparing CONTESTING RECORD PROCEDURES: of separate NEPA documentation. This analyses of the projected operations of The DLA rules for accessing records, action has not been revised by this the incoming F/A–18 aircraft on the and for contesting contents and amended notice of intent. The Navy’s existing airspace range structure in appealing initial agency determinations previous notice of intent also stated that Virginia, North Carolina, and South are contained in DLA Regulation two F/A–18 operational squadrons Carolina and on aircraft noise exposure 5400.21; 32 CFR part 323; or may be would be transferred to MCAS Beaufort levels in and around NAS Oceana, obtained from the system manager. and be addressed in a separate NEPA MCAS Cherry Point and MCAS 43534 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Beaufort, associated outlying landing FOR FURTHER INFORMATION CONTACT: exclusively) rather than actual waste. fields, and training areas. Kenneth M. Pusateri or Andrew L. The first large-scale operations with ADDRESSES: The Navy has initiated a Thibadeau at the address above or actual waste since 1983 were conducted scoping process for the purpose of telephone (202) 208–6400. recently in Tank 48, and they showed determining the scope of significant Dated: August 19, 1996. that the generation and release of benzene did not follow predictions. The issues to be addressed in the EIS related John T. Conway, generation of benzene in the waste to the proposed action. The Navy will Chairman. hold two additional Public Scoping under treatment in Tank 48 was Meetings on the following dates: August 14, 1996. unexpectedly rapid. A surprisingly large September 10, 1996, beginning at 7:00 The Defense Nuclear Facilities Safety amount of the benzene remained p.m. at Havelock City Hall, Council Board (Board) has devoted substantial captured in the waste, and that benzene Chambers, 1 Hatteras Avenue (at Route attention to the planned use of the In- was released through action of mixing 70), Havelock, NC; and on September Tank Precipitation (ITP) System at the pumps in the tank. 11, 1996, beginning at 7:00 p.m. at the Savannah River Site, because of its The current view of the contractor Technical College of the Low Country, importance to removal of high-level staff is that benzene is produced Learning Resource Center, Main radioactive waste from storage tanks at principally through catalytic Auditorium, Building 12, 921 Ribaut that Site, and because certain unique decomposition of TPB ions in solution. Road, Beaufort, SC. hazards are associated with the ITP They believe the catalysts are potentially both soluble and insoluble In order to ensure adequate time for process. species, one of which is soluble copper those wishing to make public comments The hazards are a consequence of the known to be present in the waste. They at the meetings, speakers will be limited volatile and flammable organic also believe that the cesium TPB to five minutes. Agencies and the public compound benzene that is released precipitate and the potassium TPB are also invited and encouraged to during the process in amounts that must precipitate are relatively immune to provide written comments on the scope not exceed safe limits. The benzene is catalytic decomposition. The contractor of the EIS. Please mail written generated through decomposition of proposes to conduct two Process comments no later than October 5, 1996 tetraphenylborate (TPB) compounds. Verification Tests (PVT), PVT–1 and to: Commander, Atlantic Division, These compounds are added in the Naval Facilities Engineering Command, PVT–2, to further establish the validity process with the objective to precipitate of these views and to demonstrate the 1510 Gilbert Street, Norfolk, Virginia and remove radioactive cesium from 23511, Attn: Code 2032DC (Mr. Dan accuracy of the model it has developed solution in the waste water destined for to predict the rate at which the captured Cecchini), telephone (757) 322–4891, the saltstone process. The concentrated fax: (757) 322–4859. benzene is released from solution. PVT– slurry containing the precipitated 1 would be performed on the D. E. Koenig, cesium constitutes a much smaller homogenized nuclear waste not in Tank LCDR, JAGC, USN, Federal Register Liaison volume than the original waste, and its 48, which has already been treated with Officer. feed to the vitrification process leads to TPB that subsequently has partly [FR Doc. 96–21551 Filed 8–22–96; 8:45 am] production of a correspondingly smaller decomposed with the result that some BILLING CODE 3810±FF±P amount of glass ultimately to be cesium has returned to solution. disposed of in a repository. Additional TPB would be added to this The proposed treatment process calls material to reprecipitate that cesium. DEFENSE NUCLEAR FACILITIES for addition of a quantity of TPB in The amount of TPB to be added would SAFETY BOARD excess of that theoretically required to be strictly limited to a small amount as precipitate the cesium as cesium TPB. [Recommendation 96±1] needed to reduce the concentration of That excess is required partly because cesium remaining in solution to a low In-Tank Precipitation System at the the significant amount of potassium radiation level acceptable for processing Savannah River Site present is also precipitated as potassium as low level waste in the saltstone TPB, and partly because an excess of process, and a large part of that solution AGENCY: Defense Nuclear Facilities TPB in solution ensures more effective would be sent to saltstone. The Safety Board. scrubbing of the radioactive cesium subsequent proposed experiment, PVT– ACTION: Notice; recommendation. through precipitation. However, the 2, will involve adding to the slurry benefit of effective scrubbing is remaining in Tank 48 a large amount of SUMMARY: The Defense Nuclear accompanied by the generation of the additional untreated waste and a Facilities Safety Board has made a benzene, which presents hazards of a substantial quantity of TPB as needed to recommendation to the Secretary of different sort, and which also requires precipitate the cesium in this new Energy pursuant to 42 U.S.C. 2286a safety controls. waste. concerning the In-Tank Precipitation Westinghouse Savannah River The Board has been informed that the System at the Savannah River Site. The Company is the Department of Energy primary safety precaution for the Board requests public comments on this contractor in charge of ITP. The proposed cesium removal activities is to recommendation. Westinghouse staff at the Savannah maintain an inert atmosphere in the DATES: Comments, data, views, or River Site believed until recently that headspace of Tank 48. This is to be done arguments concerning this the principal cause of decomposition of through establishing a sufficient flow of recommendation are due on September TPB and generation of benzene is nitrogen to the tank. Two nitrogen feed 23, 1996. exposure of the TPB to the high level of systems are available, a normal system ADDRESSES: Send comments, data, radiation in the waste. That belief was and a supplemental emergency system. views, or arguments concerning this based on results of full-scale tests The nitrogen systems are present to recommendation to: Defense Nuclear conducted in 1983 that may have been keep the concentration of oxygen below Facilities Safety Board, 625 Indiana misinterpreted, and on a decade of the level that would support Avenue, NW, Suite 700, Washington, subsequent bench-scale tests using non- combustion of the benzene. DC 20004–2901. radioactive stimulants (almost Westinghouse staff members have Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43535 pointed out that these redundant amount which had been added during understanding of the mechanisms of inerting systems provided a sufficient the experiment, suggesting that the formation of the benzene that it will generate, safety factor for control of oxygen cesium and potassium TPB precipitates and the amount and rate of release that may concentration in the headspace. They had also partially decomposed, be encountered for that benzene. 2. The additional investigative effort have further stated that the rate of presumably through catalytic attack. If should include further work to (a) uncover buildup of oxygen concentration from the cesium and potassium TPB the reason for the apparent decomposition of air ingress into the tank headspace, if precipitates were subject to rapid and precipitated TPB in the anomalous both inerting systems are extensive attack by a catalyst, an experiment, (b) identify the important simultaneously inoperable, would be enormous amount of benzene could be catalysts that will be encountered in the slow enough to allow reestablishment of generated, and the rate of release could course of ITP, and develop quantitative nitrogen flow before the bulk vapor in be rapid enough to overwhelm the understanding of the action of these catalysts, Tank 48 reaches the minimum oxygen removal capability of the purging (c) establish, convincingly, the chemical and concentration that could support physical mechanisms that determine how system for Tank 48. and to what extent benzene is retained in the combustion of benzene. The Board concurs with the view that waste slurry, why it is released during Operations since December 1995 ITP is of high value for subsequent mixing pump operation, and any additional indicate that for the current batch of vitrification of the nuclear waste in the mechanisms that might lead to rapid release waste, mixing pump operation increases tanks at the Savannah River Site, and of benzene, and (d) affirm the adequacy of the benzene release rate from the waste that further testing is necessary to gain existing safety measures or devise such and that turning off the pumps a better understanding of the science of additions as may be needed. essentially stops the release. The Board the process to assure safety during and John T. Conway, has been informed of the consequent after precipitation of the cesium. The Chairman. belief that the actual rate of benzene Board believes that if it were conducted Appendix—Transmittal Letter to Secretary of release into the tank’s headspace and its according to the limitations stated Energy subsequent removal can be controlled above, PVT–1 can be run safely and can through managing the action of the DEFENSE NUCLEAR FACILITIES SAFETY help in leading to an improved BOARD mixing pumps. This stratagem is to be understanding of the science and the followed in the tests as a means of 625 Indiana Avenue, NW, Suite 700, mechanisms involved in the ITP Washington, D.C. 20004 (202) 208–6400 maintaining the concentration of process. benzene in the headspace at a low The present plan for conduct of PVT– August 14, 1996 enough level to prevent it from 2 involves new and untested nuclear The Honorable Hazel R. O’Leary, Secretary of Energy, 1000 Independence becoming flammable even if the oxygen waste and a much larger addition of concentration were to increase to an Avenue, SW, Washington, DC 20585– TPB. Furthermore, the liquid in Tank 1000 undesired level. 49, which contains TPB from the Westinghouse representatives also Dear Secretary O’Leary: On August 14, previously mentioned 1983 plan to impose a temperature limit for 1996, the Defense Nuclear Facilities Safety demonstration test, is to be used as the Board (Board), in accordance with 42 U.S.C. PVT–1 which is expected to prevent source of a significant part of the TPB 2286a(a)(5), unanimously approved decomposition of TPB or to reduce its to be added to Tank 48 during PVT–2. Recommendation 96–1 which is enclosed for rate. Finally, they state that for PVT–1 The Board understands that Tank 49 your consideration. Recommendation 96–1 the addition of TPB will be limited to was also the source of TPB used in the deals with the In-Tank Precipitation System 200 gallons of fresh 0.5 Molar sodium at the Savannah River Site. one experiment which led to an TPB solution, and that any subsequent 42 U.S.C. 2286d(a) requires the Board, after apparent decomposition of precipitated additions during this experiment would receipt by you, to promptly make this be subject to review and approval by the cesium and potassium TPB. One very recommendation available to the public in Department of Energy. Westinghouse probable interpretation of that anomaly the Department of Energy’s regional public reading rooms. The Board believes the believes that this, in turn, would limit is that the material in Tank 49 contains an unknown catalyst which can attack recommendation contains no information the maximum amount of additional which is classified or otherwise restricted. To benzene that could be produced. In the precipitated material and might also increase the rate of release of benzene the extent this recommendation does not effect, the amount of TPB added will be include information restricted by the treated as an Operating Limit. by an amount that is unpredictable at Department of Energy under the Atomic The Department and its contractor present. Furthermore, waste from tanks Energy Act of 1954, 42 U.S.C. 2161–68, as have brought substantial expertise to not yet tested could contain unknown amended, please arrange to have this bear on understanding the science of the constituents that could also adversely recommendation promptly placed on file in ITP process and the phenomena affect the rate of production and release your regional public reading rooms. of benzene. The Board will continue to review these attending it. However, the Board is preparations for routine activity in the In- concerned that some important The Board believes that the uncertainty in understanding of the Tank Precipitation System and will seek to questions remain unanswered. First, the ensure that Board actions do not delay this physical basis for holdup of large science of ITP would make it imprudent important program any more than may be amounts of benzene in the waste and its to proceed from PVT–1 to PVT–2 needed for assurance of safety. Should the removal through mixing pump without substantial improvement in the Secretary accept the recommendations, the operation is not yet well understood. level of understanding. Some such Board is prepared to allocate priority Therefore, confidence in the ability to improvement may follow interpretation resources in the form of Board members and control its release is not as high as of the results of PVT–1. Better staff to join in expedited development of a mutually acceptable Implementation Plan. desired. understanding of the anomalous experiment suggesting decomposition of The Board will publish this The Board is also concerned with the recommendation in the Federal Register. results of a recent laboratory-scale TPB precipitates is also required. Sincerely, experiment using Tank 48 solution and Therefore, the Board makes the TPB additive. The results from this following recommendations: John T. Conway, Chairman. experiment indicate that the amount of 1. Conduct of the planned test PVT–2 TPB which decomposed exceeded that should not proceed without improved Enclosure 43536 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices c: Mr. Mark B. Whitaker, Jr. (Columbia) tendered for filing with the (1988), and Part 154 of the Rules and [FR Doc. 96–21484 Filed 8–22–96; 8:45 am] Commission documentation in Regulations of the Federal Energy BILLING CODE 3670±01±M compliance with the Commission’s Regulatory Commission order dated July 31, 1996, in Docket No. (‘‘Commission’’). RP96–298–000. (76 FERC ¶ 61,102 Koch states that it files the above tariff DEPARTMENT OF ENERGY (1996)) sheets to implement a paper pooling Columbia states that copies of its service under Rate Schedule PS. Koch Federal Energy Regulatory filing have been mailed to all firm states that this service complies with the Commission customers, affected state commissions Commission’s June 13, 1996, Order in Docket No. CP94–324. [Docket No. RP92±237±027] and interruptible customers. Any person desiring to protest said Any person desiring to be heard or to Alabama-Tennessee Natural Gas filing should file a protest with the protest said filing should file a motion Company; Notice of Refund Report Federal Energy Regulatory Commission, to intervene or protest with the Federal 888 First Street, N.E., Washington, DC Energy Regulatory Commission, 888 August 19, 1996. 20426, in accordance with Section First Street, N.E., Washington, D.C. Take notice that on August 7, 1996, 385.211 of the Commission’s Rules and 20426, in accordance with Sections Alabama-Tennessee Natural Gas Regulations. All such protests must be 385.214 and 385.211 of the Company (Alabama-Tennessee), filed as provided in Section 154.210 of Commission’s regulations. All such tendered for filing a refund report the Commission’s Regulations. Protests motions or protest must be filed as required by Article 1, Paragraph 1.5, of will be considered by the Commission provided in Section 154.210 of the the general rate case settlement in the in determining the appropriate action to Commission’s regulations. Protests will referenced proceeding. be taken, but will not serve to make be considered by the Commission in Alabama-Tennessee states that it protestants parties to the proceeding. determining appropriate action to be previously filed to eliminate a Copies of this filing are on file with the taken, but will not serve to make volumetric charge of $0.0027 per Commission and are available for public protestants parties to the proceedings. dekatherm from its rates and that inspection in the Public Reference Any person wishing to become a party although it has issued refunds Room. must file a motion to intervene. Copies attributable to the elimination of the Linwood A. Watson, Jr., of this filing are on file with the surcharge, it inadvertently failed to file Acting Secretary. Commission and are available for public inspection. the subject report. Alabama-Tennessee [FR Doc. 96–21497 Filed 8–22–96; 8:45 am] states that the subject report is intended Linwood A. Watson, Jr., BILLING CODE 6717±01±M to meet its obligation in that regard. Acting Secretary. Alabama-Tennessee requests that the [FR Doc. 96–21498 Filed 8–22–96; 8:45 am] Commission grant any waivers [Docket No. RP96±341±000] BILLING CODE 6717±01±M necessary to permit review of the report and states that a copy of the report has Koch Gateway Pipeline Company; been served on all parties named on the Notice of Proposed Changes in FERC [Docket No. RP96±340±000] official service list in this proceeding. Gas Tariff Any person desiring to protest said Questar Pipeline Company; Notice of filing should file a protest with the August 19, 1996. Tariff Filing Federal Energy Regulatory Commission, Take notice that on August 15, 1996, Koch Gateway Pipeline Company August 19, 1996. 888 First Street, N.E., Washington, D.C., Take notice that on August 14, 1996, 20426 in accordance with Rule 211 of (Koch) tendered for filing to become part of its FERC Gas Tariff, Fifth Revised Questar Pipeline Company, tendered for the Commission’s Rules of Practice and filing to become part of its FERC Gas Procedure (18 CFR 385.211). All such Volume No. 1, the following tariff sheets, to be effective October 1, 1996: Tariff, First Revised Volume No. 1, the protests must be filed on or before following tariff sheets to be effective August 26, 1996. Protests will be Fourth Revised Sheet No. 1 September 14, 1996: considered by the Commission in Third Revised Sheet No. 2 determining the appropriate action to be First Revised Sheet No. 701 Original Sheet Nos. 52A, and 56A taken but will not service to make Original Sheet No. 715 First Revised Sheet Nos. 48, 55 and 73A Second Revised Sheet Nos. 49, 53, 54, 56 and protestants parties to the proceeding. Original Sheet No. 716 Original Sheet No. 717 73 Copies of this filing are on file with the Original Sheet No. 718 Third Revised Sheet Nos. 46, 52 and 68 Commission and are available for public Original Sheet No. 719 Fourth Revised Sheet No. 51 inspection. Original Sheet No. 720 Questar states that these tariff sheets Linwood A. Watson, Jr., Original Sheet No. 721 revise its tariff by modifying provisions Acting Secretary. Second Revised Sheet No. 805 Second Revised Sheet No. 806 that pertain to the (1) sale of firm [FR Doc. 96–21499 Filed 8–22–96; 8:45 am] Second Revised Sheet No. 807 capacity and (2) information required of BILLING CODE 6717±01±M Second Revised Sheet No. 808 a shipper when requesting service on Third Revised Sheet No. 1801 Questar’s system. Questar states that a copy of this filing [Docket No. RP96±298±001] Second Revised Sheet No. 1806 Second Revised Sheet No. 1808 has been served upon its customers, the Columbia Gas Transmission First Revised Sheet No. 4804 Public Service Commission of Utah and Original Sheet No. 4805 the Wyoming Public Service Corporation; Notice of Compliance Original Sheet No. 4806 Filing Commission. Original Sheet No. 4807 Any person desiring to be heard or to August 19, 1996. Koch states this filing is submitted as protest said filing should file a motion Take notice that on August 15, 1996, an application pursuant to Section 4 of to intervene or protest with the Federal Columbia Gas Transmission Corporation the Natural Gas Act, 15 U.S.C. 717c Energy Regulatory Commission, 888 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43537

First Street, N.E., Washington, D.C. available for public inspection in the 2. GPU Service Corporation 20426, in accordance with Rules Public Reference Room. [Docket No. ER96–2127–000] 385.211 and 385.214 of the Linwood A. Watson, Jr., Take notice that on August 9, 1996, Commission’s Rules of Practice and Acting Secretary. GPU Service Corporation on behalf of Procedure (18 CFR 385.211 and [FR Doc. 96–21495 Filed 8–22–96; 8:45 am] Jersey Central Power & Light Company, 385.214). All such motions or protests BILLING CODE 6717±01±M Metropolitan Edison Company and must be filed as provided in Section Pennsylvania Electric Company, filed an 154.210 of the Commission’s amendment to their filing submitted in Regulations. Protests will be considered [Docket No. ER89±401±027, et al.] the above-referenced docket. by the Commission in determining the Comment date: August 30, 1996, in appropriate action to be taken, but will Citizens Power & Light Corporation, et accordance with Standard Paragraph E not serve to make protestants parties to al.; Electric Rate and Corporate at the end of this notice. the proceeding. Copies of this filing are Regulation Filings on file with the Commission and are 3. Arizona Public Service Company August 16, 1996. available for public inspection. [Docket Nos. ER96–2159–000; ER96–2289– Take notice that the following filings Linwood A. Watson, Jr., 000; ER96–2300–000; ER96–2301–000; and have been made with the Commission: ER96–2500–000] Acting Secretary. [FR Doc. 96–21496 Filed 8–22–96; 8:45 am] 1. Citizens Power & Light Corporation, Take notice that on August 12, 1996, Destec Power Services Inc., PanEnergy Arizona Public Service Company (APS) BILLING CODE 6717±01±M Power Services, Inc., Aquila Power tendered for filing an amendment to the Corporation, Stalwart Power Company, above dockets revising the calculations Cogentrix Energy Power Marketing, of the fixed charge factor and revising [Docket Nos. TM94±5±49±005, TM95±4±49± Inc., El Paso Merchant Services Group the ceiling rates contained in APS-FERC 006, and RP96±256±001] Electric Tariff, Original Volume No. 1 [Docket Nos. ER89–401–027; ER94–1612– and the Electric Power Service Williston Basin Interstate Pipeline 008; ER95–7–010; ER95–216–011; ER95– 1334–003; ER95–1739–003; ER96–118–004] Agreement between APS and the Company; Notice of Refund Report Colorado River Commission of Nevada. Take notice that the following Comment date: August 30, 1996, in August 19, 1996. informational filings have been made accordance with Standard Paragraph E with the Commission and are on file Take notice that on August 15, 1996, at the end of this notice. Williston Basin Interstate Pipeline and available for public inspection and Company (Williston Basin), tendered for copying in the Commission’s Public 4. Cinergy Services, Inc. Reference Room: filing with the Commission, its Refund [Docket No. ER96–2334–000] On July 30, 1996, Citizens Power & Report made in compliance with the Light Corporation filed certain Take notice that on August 2, 1996, Commission’s Order issued June 27, information as required by the Cinergy Services, Inc. tendered for filing 1996 in Docket Nos. TM94–5–49–004, Commission’s August 8, 1989, order in an amendment in the above-referenced TM95–4–49–005, and RP96–256–000. Docket No. ER89–401–000. docket. Williston Basin states that on July 12 On July 30, 1996, Destec Power Comment date: August 30, 1996, in and July 26, 1996, respectively, refunds Services Inc. filed certain information as accordance with Standard Paragraph E were sent to applicable Rate Schedule required by the Commission’s January at the end of this notice. IT–1 shippers associated with the final 20, 1995, order in Docket No. ER94– 5. Illinois Power Company reconciliation of the gas supply 1612–000. [Docket No. ER96–2344–000] realignment (GSR) amortization account On July 30, 1996, PanEnergy Power as of September 30, 1995, and for the Services, Inc. filed certain information Take notice that on August 13, 1996, continued collection of GSR surcharges as required by the Commission’s Illinois Power Company (Illinois Power) for the period October 1, 1995 through December 16, 1994, order in Docket No. tendered for filing an amended transmission agreement pursuant to its June 30, 1996. These refunds included ER95–7–000. open access transmission tariff. The interest through July 12 and July 26, On July 30, 1996, Aquila Power agreement is based on the Form of 1996, as applicable, in accordance with Corporation filed certain information as required by the Commission’s January Service Agreement in Illinois Power’s Section 154.501 of the Commission’s tariff. Regulations. 13, 1995, order in Docket No. ER95– 216–000. Comment date: August 30, 1996, in Any person desiring to protest said On July 29, 1996, Stalwart Power accordance with Standard Paragraph E filing should file a protest with the Company filed certain information as at the end of this notice. Federal Energy Regulatory Commission, required by the Commission’s August 6. Louisville Gas and Electric Company 888 First Street, N.E., Washington, D.C. 18, 1995, order in Docket No. ER95– 20426, in accordance with 385.211 of 1334–000. [Docket No. ER96–2483–000] the Commission’s Rules and On July 29, 1996, Cogentrix Energy Take notice that on July 22, 1996, Regulations. All such motions protests Power Marketing, Inc. filed certain Louisville Gas and Electric Company must be filed on or before August 26, information as required by the tendered for filing copies of a Non-Firm 1996. Protests will be considered by the Commission’s October 13, 1995, order Transmission Agreement between Commission in determining the in Docket No. ER95–1739–000. Louisville Gas and Electric Company appropriate action to be taken, but will On July 30, 1996, El Paso Merchant and Calpine Power Services Company not serve to make protestants parties to Services Group filed certain information under LG&E’s Rate TS. the proceeding. Copies of this filing are as required by the Commission’s Comment date: August 30, 1996, in on file with the Commission and are November 28, 1995, order in Docket No. accordance with Standard Paragraph E ER96–118–000. at the end of this notice. 43538 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

7. Northern States Power Company (LG&E), tendered for filing a Non-Firm 15. American Electric Power Service (MN) Transmission Service Agreement Corporation [Docket No. ER96–2531–000] between LG&E and Delhi Energy [Docket No. ER96–2656–000] Services, Inc. under LG&E’s Rate TS— Take notice that on August 7, 1996, Take notice that on August 8, 1996, Point-to-Point Transmission Service. Northern States Power Company (MN) the American Electric Power Service tendered for filing an amendment in the Comment date: August 30, 1996, in Corporation (AEPSC), tendered for filing above-referenced docket. accordance with Standard Paragraph E service agreements, executed by AEPSC Comment date: August 30, 1996, in at the end of this notice. and the following Parties, under the accordance with Standard Paragraph E 12. PacifiCorp AEP Companies’ Power Sales and/or at the end of this notice. Point-to-Point Transmission Service [Docket No. ER96–2653–000] Tariffs: Cleveland Public Power, Coral 8. Washington Water Power Company Take notice that on August 8, 1996, Power, L.L.C., Eastex Power Marketing, [Docket Nos. ER96–2561–000 and ER96– PacifiCorp, tendered for filing in Inc., Illinova Power Marketing, Inc., 2632–000] accordance with § 35.13 of the Vastar Power Marketing, Inc., Western Take notice that on August 12, 1996, Commission’s Regulations revised Power Services, Inc., Williams Energy Washington Water Power Company Average System Cost (ASC) information Services Company. (WWP) tendered for filing an amended applicable in the state of Oregon. The Power Sales Tariff has been filing under FERC Electric Tariff designated as FERC Electric Tariff, First PacifiCorp requests waiver of the Volume No. 4 in Docket No. ER96– Revised Volume No. 2, effective October Commission’s notice requirements to 2561–000 for Pacific Northwest 1, 1995. The Point-to-Point permit this rate schedule change to Generating Cooperative and Docket No. Transmission Tariff has been designated become effective on November 22, 1995. ER96–2632 for Clatskanie People’s AEPSC FERC Electric Tariff Second Utility District. Copies of this filing were supplied to Revised Volume No. 1, effective Comment date: August 30, 1996, in Bonneville and the Public Utility September 7, 1993. Further, on July 9, accordance with Standard Paragraph E Commission of Oregon. 1996, AEP filed a new Transmission at the end of this notice. Comment date: August 30, 1996, in Tariff in compliance with Commission 9. Entergy Services, Inc. accordance with Standard Paragraph E Order No. 888, requesting that, at the at the end of this notice. earliest possible date, this Tariff be [Docket No. ER96–2568–000] designated to supersede the existing Take notice that on August 12, 1996, 13. Wisconsin Electric Power Company Point-to-Point Transmission Tariff. Entergy Services, Inc. (Entergy [Docket No. ER96–2654–000] AEPSC requests waiver of notice to Services), on behalf of Energy Gulf Take notice that on August 8, 1996, permit the Service Agreements to be States, Inc., tendered for filing an Wisconsin Electric Power Company made effective for service billed on and amendment to its July 30, 1996, filing of (Wisconsin Electric), tendered for filing after July 10, 1996. its revised Rate Schedule WP-SRG&T to A copy of the filing was served upon an Interchange Agreement with the City the Agreement for Special Requirements the Parties and the State Utility of Springfield Illinois City Water Light Wholesale Electric Service between Sam Regulatory Commissions of Indiana, and Power (City). The Agreement shows Rayburn G&T Electric Cooperative, Inc. Kentucky, Michigan, Ohio, Tennessee, the sale and purchase of various bulk and Entergy Gulf States, Inc. (FERC Rate Virginia and West Virginia. power services by the parties. Schedule 162). Comment date: August 30, 1996, in Comment date: August 30, 1996, in Wisconsin Electric respectfully accordance with Standard Paragraph E accordance with Standard Paragraph E requests for waiver of the Commission’s at the end of this notice. at the end of this notice. notice requirements to allow an effective date of September 3, 1996, in 16. Southern Company Services, Inc. 10. Illinois Power Company order to facilitate transactions in [Docket No. ER96–2657–000] [Docket No. ER96–2609–000] September. Take notice that on August 8, 1996, Take notice that on August 2, 1996, Copies of the filing have been served Southern Company Services, Inc. Illinois Power Company (Illinois on the City, the Illinois Commerce (SCSI), acting on behalf of Alabama Power), 500 South 27th Street, Decatur, Commission, the Michigan Public Power Company, Georgia Power Illinois 62526, tendered for filing firm Service Commission, and the Public Company, Gulf Power Company, and non-firm transmission agreements Service Commission of Wisconsin. Mississippi Power Company and under which Wisconsin Power & Light Comment date: August 30, 1996, in Savannah Electric and Power Company will take transmission service pursuant accordance with Standard Paragraph E (collectively referred to as Southern to its open access transmission tariff. at the end of this notice. Companies) filed service agreements The agreements are based on the Form under Southern Companies’ Market- of Service Agreement in Illinois Power’s 14. Wisconsin Public Service Based Rate Power Sales Tariff (FERC tariff. Corporation Electric Tariff, Original Volume No. 4) Illinois Power has requested an [Docket No. ER96–2655–000] with the following entities: (i) effective date of July 23, 1996. Associated Electric Cooperative, Inc.; Comment date: August 30, 1996, in Take notice that on August 8, 1996, (ii) Calpine Power Services Company; accordance with Standard Paragraph E Wisconsin Public Service Corporation, (iii) Cinergy Companies; (iv) Entergy at the end of this notice. tendered for filing a letter agreement Power Marketing Corporation; (v) with Upper Peninsula Power Company Illinova Power Marketing, Inc.; (vi) 11. Louisville Gas and Electric under its CS–1 Coordination Sales Kentucky Utilities Company; (vii) Company Tariff. PanEnergy Power Services, Inc.; (viii) [Docket No. ER96–2610–000] Comment date: August 30, 1996, in PECO Energy Company; (ix) Rainbow Take notice that on August 2, 1996, accordance with Standard Paragraph E Energy Marketing Corporation; (x) Louisville Gas and Electric Company at the end of this notice. SCANA Energy Marketing, Inc.; and (xi) Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43539

Virginia Electric and Power Company. CNG Power Services Corporation Standard Paragraph Commonwealth Edison Company SCSI states that the service agreements E. Any person desiring to be heard or will enable Southern Companies to Coral Power, L.L.C. The Dayton Power & Light Company to protest said filing should file a engage in short-term market-based rate Engelhard Power Marketing, Inc. motion to intervene or protest with the transactions with these entities. Industrial Energy Applications, Inc. Federal Energy Regulatory Commission, Comment date: August 30, 1996, in InterCoast Power Marketing Company 888 First Street, N.E., Washington, D.C. accordance with Standard Paragraph E Koch Power Services, Inc. 20426, in accordance with Rules 211 at the end of this notice. LG&E Power Marketing, Inc. Morgan Stanley Capital Group, Inc. and 214 of the Commission’s Rules of 17. TPC Corporation Ohio Edison Company Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions [Docket No. ER96–2658–000] PanEnergy Power Services, Inc. PECO Energy Power Team or protests should be filed on or before Take notice that on August 8, 1996, Phibro, Inc. the comment date. Protests will be TPC Corporation (TPC), tendered for Rainbow Energy Marketing Corporation considered by the Commission in filing an application for waivers and Sonat Power Marketing, Inc. determining the appropriate action to be blanket approvals under various Southern Energy Marketing, Inc. taken, but will not serve to make regulations of the Commission and for Tennessee Power Company TransCanada Power Corporation protestants parties to the proceeding. an order accepting its FERC Electric Any person wishing to become a party Rate Schedule No. 1 to be effective on WTEC Energy, Inc. Western Power Services, Inc. must file a motion to intervene. Copies the date of the Commission’s order of this filing are on file with the accepting the Rate Schedule for filing. The proposed effective date under the Service Agreements is July 9, 1996. Commission and are available for public TPC intends to engage in electric inspection. power and energy transactions as a Copies of the filing have been Linwood A. Watson, Jr., marketer. In these transactions, TPC provided to the Public Utilities proposes to charge market-determined Commission of Ohio, the Pennsylvania Acting Secretary. rates, mutually agreed upon by the Public Utility Commission, the [FR Doc. 96–21494 Filed 8–22–96; 8:45 am] parties. All sales and purchases will be Maryland Public Service Commission, BILLING CODE 6717±01±P arms-length transactions. the Virginia State Corporation Comment date: August 30, 1996, in Commission, the West Virginia Public accordance with Standard Paragraph E Service Commission. [Docket No. CP96±199±000] at the end of this notice. Comment date: August 30, 1996, in accordance with Standard Paragraph E Egan Hub Partners, L.P.; Notice of 18. Kentucky Utilities Company at the end of this notice. Availability of the Environmental Assessment for the Proposed Egan [Docket No. ER96–2659–000] 20. Commonwealth Electric Company Gas Storage Expansion Project Take notice that on July 31, 1996, Cambridge Electric Light Company Kentucky Utilities Company tendered [Docket No. ER96–2663–000] August 19, 1996. for filing information on transactions Take notice that on August 8, 1996, The staff of the Federal Energy that occurred during April 16, 1996 Commonwealth Electric Company Regulatory Commission (FERC or through June 30, 1996, pursuant to the (Commonwealth) on behalf of itself and Commission) has prepared an Power Services Tariff accepted by the Cambridge Electric Light Company environmental assessment (EA) on the Commission in Docket No. ER95–854– (Cambridge), collectively referred to as natural gas storage facilities proposed by 000. the Companies, tendered for filing with Egan Hub Partners, L.P. (Egan) in the Comment date: August 30, 1996, in the Federal Energy Regulatory above-referenced docket. accordance with Standard Paragraph E Commission executed Service The EA was prepared to satisfy the at the end of this notice. Agreements between the Companies and requirements of the National 19. Allegheny Power Service Niagara Mohawk Power Corporation Environmental Policy Act. The staff Corporation, on behalf of Monongahela (NIMO). concludes that approval of the proposed Power Company, The Potomac Edison These Service Agreements specify project, with appropriate mitigating Company, and West Penn Power that NIMO has signed on to and has measures, would not constitute a major Company (Allegheny Power) agreed to the terms and conditions of Federal action significantly affecting the the Companies’ Power Sales and quality of the human environment. [Docket No. ER96–2662–000] Exchanges Tariffs designated as The EA assesses the potential Take notice that on August 8, 1996, Commonwealth’s Power Sales and environmental effects of the Allegheny Power Service Corporation Exchanges Tariff (FERC Electric Tariff construction and operation of a second on behalf of Monongahela Power Original Volume No. 5). These Tariffs, gas storage cavern and installation of Company, The Potomac Edison approved by FERC on April 13, 1995, about 6,260 horsepower of additional Company and West Penn Power and which have an effective date of compression at the storage facility site Company (Allegheny Power), filed March 20, 1995, will allow the in Acadia Parish, Louisiana. Supplement No. 1 to add the following Companies and NIMO to enter into Egan indicates that the additional twenty-five Customers to the Allegheny separately scheduled transactions under storage facilities would provide up to a Power Open Access Transmission which the Companies will sell to NIMO total of about 4 billion cubic feet of Service Tariff which has been submitted capacity and/or energy as the parties working gas storage capacity. for filing by the Federal Energy may mutually agree. The EA has been placed in the public Regulatory Commission in Docket No. The Companies request an effective files of the FERC and is available for OA96–18–000: date as specified on each Service public inspection at: Federal Energy Aquila Power Corporation Agreement. Regulatory Commission, Public Baltimore Gas & Electric Company Comment date: August 30, 1996, in Reference and Files Maintenance Carolina Power & Light Company accordance with Standard Paragraph E Branch, 888 First Street, N.E., Citizens Lehman Power at the end of this notice. Washington, DC 20426, (202) 208–1371. 43540 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Copies of the EA have been mailed to application as part of the ‘‘applicant- Commission scoping meetings. Because Federal, state and local agencies, public prepared EA’’ process. Ketchikan Public this meeting will be a NEPA scoping interest groups, interested individuals, Utilities (KPU) intends to prepare an EA meeting, the Commission will not newspapers, and parties to this to file with the Commission for the conduct another NEPA scoping meeting proceeding. Ketchikan Lakes Hydroelectric Project when the application and draft EA are A limited number of copies of the EA No. 420. KPU will hold two public filed with the Commission. are available from: Mr. Herman Der, scoping meetings, pursuant to the Both meetings will be recorded by a Environmental Project Manager, National Environmental Policy Act of stenographer, and thus will become a Environmental Review and Compliance 1969, to identify the scope of part of the formal record of the Branch I, Office of Pipeline Regulation, environmental issues that should be proceedings for this project. PR–11.1, 888 First Street, N.E., analyzed in the EA. Those who choose not to speak may Washington, DC 20426, (202) 208–0896. Scoping Meetings instead submit written comments on the Any person wishing to comment on project. These comments should be the EA may do so. Written comments The times and locations of the two mailed to Larry Keith at Greystone, 5990 must reference Docket No. CP96–199– scoping meetings are: Greenwood Plaza Blvd. Suite 250, 000, and be addressed to: Office of the Agency Meeting Englewood, CO 80111. All Secretary, Federal Energy Regulatory correspondence should show the Date: Wednesday, September 18, Commission, 888 First Street, N.E., following caption on the first page: 1996. Washington, D.C. 20426. Place: Ketchikan Public Utilities Scoping Comments, Ketchikan Lakes Comments should be filed as soon as Office, 2930 Tongass Avenue, Hydroelectric Project, FERC No. 420, possible, but must be received no later Ketchikan, Alaska. Alaska. than September 23, 1996, to ensure Time: 1:00 to 4:00 pm. For further information, please consideration prior to a Commission contact Larry Keith at (303) 850–0930, decision on this proposal. A copy of any Public Meeting or Chuck Hall of the Commission at comments should also be sent to Mr. Date: Wednesday, September 18, (202) 219–2853. Herman Der, Environmental Project 1996. Linwood A. Watson, Jr., Manager, PR–11.1, at the above address. Place: Ketchikan Public Utilities Acting Secretary. Comments will be considered by the Office, 2930 Tongass Avenue, [FR Doc. 96–21500 Filed 8–22–96; 8:45 am] Commission but will not serve to make Ketchikan, Alaska, BILLING CODE 6717±01±M the commentor a party to the Time: 7:00 to 9:00 pm. proceeding. Any person seeking to At the scoping meetings, KPU will (1) summarize the environmental issues become a party to the proceeding must [Project No. 2105±037 & 038] file a motion to intervene pursuant to tentatively identified for analysis in the Rule 214 of the Commission’s Rules of EA; (2) solicit from the meeting Pacific Gas and Electric Company; Practice and Procedures (18 CFR participants all available information, Notice of Availability of Final 385.214). especially quantitative data, on the Environmental Assessment The date for filing timely motions to resources at issue; and (3) encourage intervene in this proceeding has passed. statements from experts and the public August 19, 1996. Therefore, parties now seeking to file on issues that should be analyzed in the A final environmental assessment late interventions must show good EA. (FEA) is available for public review. The cause, as required by section All interested individuals, FEA was prepared in support of dam 385.214(b)(3), why this time limitation organizations, and agencies are invited safety repairs to be made pursuant to 18 should be waived. Environmental issues and encouraged to attend either or both CFR 12.4 at the Upper North Fork have been viewed as good cause for late meetings to assist in identifying and Feather River Project. The work will be intervention. You do not need clarifying the scope of environmental conducted to improve the seismic intervenor status to have your issues that should be analyzed in the stability of the project’s Butt Valley and comments considered. EA. Canyon Dams. The FEA finds that work Additional information about this To help focus discussions at the would not constitute a major federal project is available from Mr. Herman meetings, KPU prepared and distributed action significantly affecting the quality Der, Environmental Project Manager. ‘‘Initial Consultation Package and of the human environment. The Upper Linwood A. Watson, Jr., Scoping Document 1’’ for this project. North Fork Feather River Project is Copies of this scoping document can be Acting Secretary. located on Butt Creek and the North obtained by calling Larry Keith of [FR Doc. 96–21501 Filed 8–22–96; 8:45 am] Fork Feather River in Plumas County, Greystone (consultant to KPU) at (303) California. BILLING CODE 6717±01±M 850–0930, or can be obtained directly at The FEA was written by staff in the either meeting. Office of Hydropower Licensing, [Project No. 420 Alaska] Site Visit Federal Energy Regulatory Commission. Copies of the FEA can be viewed at the Ketchikan Public Utilities; Notice of KPU will also conduct a site visit for Commission’s Reference and Scoping Pursuant to the National this project on Thursday, September 19, Information Center, Room 2A, 888 First Environmental Policy Act of 1969 1996. Those attending the site visit must Street, N.E., Washington, D.C. 20426. meet at the Fair Street Substation by Copies can also be obtained by calling August 19, 1996. 9:00 am. Those planning to attend the The Energy Policy Act of 1992, allows the project manager, John Mudre, at site visit must notify Mr. Ron Settje of (202) 219–1208. applicants to prepare their own draft KPU at (901) 225–1000. environmental assessment (EA) for Linwood A. Watson, Jr. hydropower projects and file it with the Meeting Procedures Acting Secretary. Federal Energy Regulatory Commission The meetings will be conducted [FR Doc. 96–21502 Filed 8–22–96; 8:45 am] (Commission) along with their license according to the procedures used at BILLING CODE 6717±01±M Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43541

[Docket No. CP96±660±000, et al.] indicates that the total estimated cost to (Southern), P.O. Box 2563, Birmingham, install the proposed delivery points is AL 35202–2563, filed an application Northern Natural Gas Company, et al.; $407,000, which will be financed with pursuant to Section 7(b) of the Natural Natural Gas Certificate Filings internally generated funds. Northern Gas Act and Part 157 of the August 16, 1996. states that the proposed activity is not Commission’s Regulations for an order Take notice that the following filings prohibited by its existing tariff and that granting permission and approval to have been made with the Commission: it has sufficient capacity to abandon, in part, certain firm accommodate the changes proposed transportation and storage services it 1. Northern Natural Gas Company without detriment or disadvantage to provides to the City of Tallahassee [Docket No. CP96–660–000] Northern’s other customers. (Tallahassee), Florida, under its Rate Comment date: September 30, 1996, Schedules FT, FT–NN and CSS of its Take notice that on July 24, 1996, as in accordance with Standard Paragraph FERC Gas Tariff, Seventh Revised supplemented on August 13, 1996, G at the end of this notice. Volume No. 1. The application is on file Northern Natural Gas Company with the Commission and open to (Northern), 1111 South 103rd Street, 2. Columbia Gas Transmission Corporation public inspection. Omaha, Nebraska 68124–1000, filed in In its application, Southern requests Docket No. CP96–660–000, a request [Docket No. CP96–703–000] authorization to abandon 2,811 Mcf per pursuant to Sections 157.205, 157.212, Take notice that on August 9, 1996, day of firm transportation (FT) service, and 157.216 of the Commission’s Columbia Gas Transmission Corporation 1,720 Mcf per day of firm no-notice Regulations under the Natural Gas Act (CGT), 1700 MacCorkle Avenue, S.E., transportation (FT–NN) service, and (18 CFR 157.205, 157.212, and 157.216) Charleston, West Virginia 25314–1599 69,325 Mcf of firm storage service (CSS) for authorization to abandon by transfer filed in Docket No. CP96–703–000 a to Tallahassee, effective at the end of the to UtiliCorp United, Inc. (UCU) certain request pursuant to Sections 157.205, contract day of September 30, 1996. facilities and to install and operate two 157.212, and 157.216 of the Southern provides these firm services to (2) new delivery points to allow Commission’s Regulations under the Tallahassee under its Rate Schedules Northern to make natural gas deliveries Natural Gas Act (18 CFR 157.205, FT, FT–NN, and CSS under service to UCU at new locations due to the 157.212, and 157.216) for approval and agreements dated November 1, 1993. proposed transfer of facilities, under permission to abandon four points of By letter dated May 3, 1996, Northern’s blanket certificate issued in delivery to various customers in West Tallahassee gave Southern notice to Docket No. CP82–401–000, pursuant to Virginia, Virginia, and Maryland and terminate the above levels of firm Section 7(c) of the Natural Gas Act, all reassign certain deliveries, under the service at the end of the primary term as more fully set forth in the request blanket certificate issued in Docket No. of September 30, 1996, and to retain which is on file with the Commission CP83–76–000, pursuant to Section 7(c) 1,080 Mcf per day of FT–NN service and and open to public inspection. of the Natural Gas Act (NGA), all as 69,325 Mcf of CSS service, thereunder. Specifically, Northern states it wants more fully set forth in the request which Southern states that since these firm to abandon by transfer to UCU the ‘‘East is on file with the Commission and open services originated from the exercise of Rochester Segment’’ of its Rochester to public inspection. conversion rights from firm sales service branchline in Olmsted County, CGT states that it proposes to abandon during a period of time protected from Minnesota. Approximately 3.5 miles of a point of delivery to Mountaineer Gas pregranted abandonment by Section 10-inch pipeline, 3 town border stations Company (MGC), Washington Gas Light 284.221(d)(3) of the Commission’s (TBS) and farm taps would be Company, Commonwealth Gas Services, regulations, Southern is required to file transferred to UCU. Further, Northern Inc., and Baltimore Gas and Electric this application for abandonment states that it also wants to abandon by (BG&E). CGT indicates that it also authority in order to terminate these transfer to UCU the ‘‘Owatonna proposes to reassign deliveries from services as requested by Tallahassee Segment’’ of its Rochester branchline in MGC’s point of delivery proposed for under the contract terms. Steele County, Minnesota. abandonment (Harper Heights) to an Comment date: September 3, 1996, in Approximately 3.8 miles of 10-inch and existing MGC point of delivery accordance with Standard Paragraph F .7 miles of 12-inch pipeline and farm (Wickham-Beckley) and BG&E’s point of at the end of this notice. taps would be transferred to UCU. delivery proposed for abandonment 4. South Georgia Natural Gas Company Additionally, Northern proposes to (Holbrook) to an existing BG&E point of install and operate two new delivery delivery (Linden Church). It is asserted [Docket No. CP96–707–000] points to serve as the new custody that the maximum daily delivery Take notice that on August 12, 1996, transfer points between Northern’s obligation (MDDO) at MGC’s Harper South Georgia Natural Gas Company facilities and the facilities transferred to Heights point of delivery will increase (South Georgia), P.O. Box 2563, UCU. Northern reports that the existing from 7,061 Dth/day to 7,063 Dth/day Birmingham, AL 35202–2563, filed an Byron #1A TBS yard will be enlarged and that the MDDO at BG&E’s Linden application pursuant to Section 7(b) of and become the new Rochester #1D Church point of delivery will increase the Natural Gas Act and Part 157 of the TBS, which will serve as the new from 73,028 Dth/day to 83,028 Dth/day. Commission’s Regulations for an order custody transfer point for the East It is further asserted that the proposed granting permission and approval to Rochester segment. Northern is abandonments will not result in any abandon, in part, firm transportation proposing to install and operate a new loss of service to any existing customer. services it provides to the City of delivery point, Steele Co. #1, which will Comment date: September 30, 1996, Tallahassee (Tallahassee), Florida, serve as the new custody transfer point in accordance with Standard Paragraph under its Rate Schedules FT of its FERC for the Owatonna Segment. G at the end of this notice. Gas Tariff, Second Revised Volume No. Northern asserts that no service will 3. Southern Natural Gas Company 1. The application is on file with the be abandoned as a result of the transfer Commission and open to public of facilities as UCU will continue to [Docket No. CP96–705–000] inspection. operate the subject line segments as part Take notice that on August 12, 1996, In its application, South Georgia of its distribution system. Northern Southern Natural Gas Company requests authorization to abandon 5,060 43542 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Mcf per day of firm transportation (FT) required, further notice of such hearing Control No. 2040–0009, EPA ICR No. service to Tallahassee, effective at the will be duly given. 0002.08) expiring 10/31/96. This is a end of the contract day of September 30, Under the procedure herein provided request for review of a revision of a 1996. South Georgia provides this firm for, unless otherwise advised, it will be currently approved collection. service to Tallahassee under its Rate unnecessary for the applicant to appear Abstract: Pursuant to Sections 307(b) Schedules FT under a service agreement or be represented at the hearing. and 402(a) & (b) of the Clean Water Act G. Any person or the Commission’s dated May 5, 1992. and 40 CFR Part 403, EPA, States, and By letter dated May 3, 1996, staff may, within 45 days after the Publicly Owned Treatment Works Tallahassee gave South Georgia notice issuance of the instant notice by the to terminate the above level of firm Commission, file pursuant to Rule 214 (POTWs) implement the National service at the end of the primary term of the Commission’s Procedural Rules Pretreatment Program. The Pretreatment of September 30, 1996, and to retain (18 CFR 385.214) a motion to intervene Program is a joint regulatory effort by 1,000 Mcf per day of FT service, or notice of intervention and pursuant federal, State, and local authorities to thereunder. South Georgia states that to § 157.205 of the Regulations under control nondomestic (i.e., industrial and since these firm services originated from the Natural Gas Act (18 CFR 157.205) a commercial) sources of pollutants the exercise of conversion rights from protest to the request. If no protest is discharged to POTWs. The Clean Water firm sales service during a period of filed within the time allowed therefore, Act requires EPA to develop national time protected from pregranted the proposed activity shall be deemed to pretreatment standards to control abandonment by Section 284.221(d)(3) be authorized effective the day after the discharges from Industrial Users (IUs) of the Commission’s regulations, South time allowed for filing a protest. If a into sewage systems, or POTWs. These Georgia is required to file this protest is filed and not withdrawn standards limit the level of certain application for abandonment authority within 30 days after the time allowed pollutants in IU wastewaters. EPA in order to terminate this service as for filing a protest, the instant request administers the pretreatment program requested by Tallahassee under the shall be treated as an application for through the National Pollutant contract terms. authorization pursuant to Section 7 of Discharge Elimination System (NPDES) Comment date: September 6, 1996, in the Natural Gas Act. permit program. Under the NPDES accordance with Standard Paragraph F Linwood A. Watson, Jr., permit program, EPA may approve State at the end of this notice. or individual POTW implementation of Acting Secretary. Standard Paragraphs the pretreatment standards at their [FR Doc. 96–21493 Filed 8–22–96; 8:45 am] F. Any person desiring to be heard or respective levels. BILLING CODE 6717±01±P make any protest with reference to said EPA uses the data collected under the filing should on or before the comment pretreatment program to monitor and date file with the Federal Energy enforce compliance with the Regulatory Commission, 888 First ENVIRONMENTAL PROTECTION AGENCY regulations, as well as to authorize Street, NE., Washington, DC 20426, a program administration at the State or motion to intervene or a protest in [FRL±5558±6] local (POTW) level. The data collected accordance with the requirements of the from IUs includes the mass, frequency, Commission’s Rules of Practice and Agency Information Collection and content of their discharges, their Procedure (18 CFR 385.211 and Activities: Submission for OMB schedules for installing pretreatment 385.214) and the Regulations under the Review; Comment Request; National equipment, and actual or anticipated Natural Gas Act (18 CFR 157.10). All Pretreatment Program discharges of wastes that violate protests filed with the Commission will AGENCY: Environmental Protection pretreatment standards, have the be considered by it in determining the Agency (EPA). potential to cause problems at the appropriate action to be taken but will ACTION: Notice. POTW, or are considered hazardous not serve to make the protestants parties under the Resource Conservation and to the proceeding. Any person wishing SUMMARY: In compliance with the Recovery Act (RCRA). IUs and POTWs to become a party to a proceeding or to Paperwork Reduction Act (44 U.S.C. submit written reports. States and participate as a party in any hearing 3501 et seq.), this notice announces that POTWs applying for approval of therein must file a motion to intervene the following Information Collection pretreatment programs submit data in accordance with the Commission’s Request (ICR) has been forwarded to the concerning their legal, procedural, and Rules. Office of Management and Budget Take further notice that, pursuant to administrative bases for establishing (OMB) for review and approval: such programs. This information may the authority contained in and subject to Revision of the Information Collection jurisdiction conferred upon the Federal include surveys of IUs, local limits for Request for the National Pretreatment pollutant concentration, and schedules Energy Regulatory Commission by Program (OMB Control No. 2040–0009, Sections 7 and 15 of the Natural Gas Act for completion of major project EPA ICR No. 0002.08). The ICR requirements. and the Commission’s Rules of Practice describes the nature of the information and Procedure, a hearing will be held collection and its expected burden and An agency may not conduct or without further notice before the cost; where appropriate, it includes the sponsor, and a person is not required to Commission or its designee on this actual data collection instrument. respond to, a collection of information filing if no motion to intervene is filed DATES: Comments must be submitted on unless it displays a currently valid OMB within the time required herein, if the or before September 23, 1996. control number. The OMB control Commission on its own review of the FOR FURTHER INFORMATION OR A COPY numbers for EPA’s regulations are listed matter finds that a grant of the CALL: Sandy Farmer at EPA, (202) 260– in 40 CFR Part 9 and 48 CFR Chapter certificate is required by the public 2740, and refer to EPA ICR No. 0002.08. 15. The Federal Register Notice convenience and necessity. If a motion required under 5 CFR 1320.8(d), for leave to intervene is timely filed, or SUPPLEMENTARY INFORMATION: soliciting comments on this collection if the Commission on its own motion Title: National Pretreatment Program of information was published on April believes that a formal hearing is Information Collection Request (OMB 24, 1996 (61 FR 18137); no comments Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43543 were received during the comment Budget, Attention: Desk Officer for municipalities and states, project period, however one comment was EPA 725 17th Street, NW, sponsors, non-governmental received after the close of the comment Washington, DC 20503. organizations and border residents to period. The requestor’s (the American Dated: August 15, 1996. streamline the process without Crop Protection Association) comments David Schwarz, disturbing the integrity of the document. were considered and incorporated into Acting Director, Regulatory Information Furthermore, the format of the the ICR. Changes made in response to Division. document has been adjusted to be easier the comments centered on reporting [FR Doc. 96–21578 Filed 8–22–96; 8:45 am] to understand and duplication has been requirements for pollution prevention eliminated. contained in the Pesticides Formulating, BILLING CODE 6560±50±P Packaging and Repackaging Effluent In other areas, the document has been Guidelines and Standards (40 CFR 455). [FRL±5558±7] enhanced to include an explanation of Burden Statement: The annual public the project development assistance reporting and recordkeeping burden for Availability of Border Environment program, principles for private projects, this collection of information is Cooperation Commission Certification and high sustainability recognition. estimated to average 6.5 hours per Criteria Document These new programs and policies have response and to require 7 hours per strengthened the criteria and will AGENCY: Border Environment respondent for recordkeeping. Burden benefit communities along the entire Cooperation Commission. means the total time, effort, or financial border. resources expended by persons to ACTION: Request for public comments on the BECC Certification Criteria The criteria are utilized by the BECC generate, maintain, retain, or disclose or to evaluate and certify environmental provide information to or for a Federal document. infrastructure projects. Eight projects agency. This includes the time needed SUMMARY: This notice announces the have been certified by the BECC Board to review instructions; develop, acquire, availability of the BECC Certification of Directors using the Criteria to date. install, and utilize technology and Criteria document for public review and Projects that are certified by the BECC systems for the purposes of collecting, comment during the special public validating, and verifying information, qualify for financing consideration from meeting of the BECC Executive the North American Development Bank processing and maintaining Committee on September 26, 1996, at information, and disclosing and (NADBank), BECC’s sister institution, the Hotel Lucerna, located at Triunfo de and other funding sources. providing information; adjust the la Repu´ blica #3976, in Cd. Jua´rez, existing ways to comply with any Chihuahua. To be certified by the Board of previously applicable instructions and DATES: Written comments must be Directors, project sponsors must comply requirements; train personnel to be able submitted to the BECC on or before with general criteria and five specific to respond to a collection of September 26, 1996. Oral comments criteria including: (1) environment and information; search data sources; may be received on September 26, 1996, human health; (2) technical feasibility; complete and review the collection of during a special public meeting of the (3) financial feasibility; (4) community information; and transmit or otherwise participation; and (5) sustainable disclose the information. BECC Executive Committee, at the Hotel Lucerna, located at Triunfo de la development. Respondents/Affected Entities: State # and local governments and the regulated Repu´ blica 3976, in Cd. Jua´rez, Submitting Comments industrial users. Chihuahua. To mail comments, receive Estimated Number of Respondents: a copy of the document, or for further The BECC is accepting comments 33,526. information contact: from the public on the revised criteria Frequency of Response: Annually, Ms. April Lander, Program Manager— over a 45 day comment period. Written and on occasion. Environment, Border Environment comments must be submitted to the Estimated Total Annual Hour Burden: Cooperation Commission, P.O. Box BECC on or before September 26, 1996. 1,765,156 hours. 221648, El Paso, Texas 79913; Tel: Oral comments may be provided a Estimated Total Annualized Cost (011–52–16) 29–23–95; Fax: (011–52– special public meeting of BECC’s Burden: $47,349,000. 16) 29–23–97; E-mail: Executive Committee from 3:00 pm– Respondents and affected entities are [email protected] 7:00 pm, on September 26, 1996, at the the total number of recordkeepers and H. Roger Frauenfelder, General Hotel Lucerna, located at Triunfo de la the total number of respondents. Manager, Border Environment # ´ Send comments on the Agency’s need Repu´ blica 3976, in Cd. Juarez, Cooperation Commission, P.O. Box Chihuahua. for this information, the accuracy of the 221648, El Paso, Texas 79913. The criteria document will be revised provided burden estimates, and any SUPPLEMENTARY INFORMATION: The suggested methods for minimizing Border Environment Cooperation following a review and synthesis of the respondent burden, including through Commission (BECC) is pleased to written and oral comments made by the the use of automated collection announce the availability of the revised public. It is anticipated that the BECC techniques to the following addresses. Certification Criteria for public review Board of Directors will consider the Please refer to EPA ICR No. 0002.08 and and comment. The Criteria were first final document for approval during a OMB Control No. 2040–0009 in any adopted by the BECC Board of Directors regular public meeting scheduled for correspondence. following an extensive public review October 29, 1996, in Laredo, Texas. The Ms. Sandy Farmer, U.S. Environmental and comment process in August 1995. BECC encourages public comments to Protection Agency, OPPE Regulatory The changes in the revised document be incorporated directly onto a copy of Information Division (2137), 401 M from its original, community-tested the document available on a computer Street, SW, Washington, DC 20460. version reflect the knowledge gained diskette. The revised criteria document and from a year’s operating experience. The is also available on the BECC Home Office of Information and Regulatory BECC has already incorporated Page: http://cocef.interjuarez.com, or Affairs, Office of Management and suggestions from the border upon request. 43544 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Dated: August 12, 1996. Region 1 settlement of the following cases: H. Roger Frauenfelder, The Department of Environmental Chemical Manufacturers Association v. General Manager. Protection, Bureau of Air Management, U.S. EPA, Nos. 94–1463 and 94–1465 [FR Doc. 96–21576 Filed 8–22–96; 8:45 am] in the State of Connecticut; (D.C. Cir.). These consolidated cases, filed by the BILLING CODE 6560±50±P The Department of Environmental Protection, Bureau of Air Quality Chemical Manufacturers Association Control, in the State of Maine; and the Dow Chemical Company, involve challenges to the Hazardous [FRL±5559±3] The Department of Environmental Services, in the State of New Organic National Emission Standard Acid Rain Program: Notice of State Hampshire. (NESHAP) promulgated by EPA under Acid Rain Programs section 112(d) of the Clean Air Act for Region 2 the synthetic organic chemical AGENCY: Environmental Protection The Department of Environmental manufacturing industry. See 59 FR Agency (EPA). Conservation, in the State of New York. 19402 (April 22, 1994). (Codified at 40 CFR part 63, subparts F, G, H and I). ACTION: Notice. Region 3 For a period of thirty (30) days SUMMARY: Title IV of the Clean Air Act The Division of Environmental following the date of publication of this requires EPA to establish the Acid Rain Protection, in the State of West Virginia. notice, the Agency will receive written comments relating to the settlement Program to reduce the adverse Region 4 environmental and public health effects from persons who were not named as of acidic deposition. Under titles IV and The Department of Natural Resources parties to the litigation in question. EPA V of the Act, State and local air and Environmental Management, in the or the Department of Justice may permitting authorities develop and City of Huntsville, Alabama; withhold or withdraw consent to the administer acid rain programs as part of The Jefferson County Department of proposed settlement if the comments their title V operating permits programs. Health, in the State of Alabama; disclose facts or circumstances that The State and local permitting The Department of Environmental indicate that such consent is authorities listed in this notice have Quality, in the State of Mississippi; inappropriate, improper, inadequate, or recently submitted acid rain programs The Department of Environment, inconsistent with the requirements of for EPA review that have subsequently Health, and Natural Resources, in the the Act. been determined to be acceptable to the State of North Carolina. A copy of the settlement has been lodged with the Clerk of the United EPA Administrator as part of their title Region 6 V operating permits programs. EPA has States Court of Appeals for the District previously published in the Federal The Air Pollution Control Division, in of Columbia Circuit. Copies of the Register lists of other State and local the City of Albuquerque, New Mexico. settlement are also available from Jacqueline Jordan, Air and Radiation permitting authorities with acceptable Region 8 acid rain programs; see 60 FR 16127 Division (2344), Office of General (March 29, 1995) and 60 FR The Department of Health and Counsel, U.S. Environmental Protection 52911(October 11, 1995). This notice is Environmental Sciences, Air Quality Agency, 401 M Street, SW., Washington, for informational purposes only and Division, in the State of Montana. D.C. 20460, (202) 260–7622. Written does not supplant any other Federal Region 9 comments should be sent to Patricia Register notices under title V. Embrey, at the above address and must The Pima County Department of be submitted on or before September 23, FOR FURTHER INFORMATION CONTACT: Environmental Quality, in the State of 1996. Robert Miller, U.S. EPA, Acid Rain Arizona; Dated: August 13, 1996. Division (6204J), 401 M St., SW., The Sacramento Metropolitan Air Washington, DC 20460, (202) 233–9077. Quality Management District, in the Scott C. Fulton, Acting General Counsel. SUPPLEMENTARY INFORMATION: In Phase I State of California. [FR Doc. 96–21577 Filed 8–22–96; 8:45 am] of the Acid Rain Program (1995 through Dated: August 15, 1996. BILLING CODE 6560±50±M 1999), EPA issues Phase I acid rain Brian J. McLean, permits and is the permitting authority Director, Acid Rain Division, Office of for certain acid rain affected sources. In Atmospheric Programs, Office of Air and [ER±FRL±5272±5] Phase II of the Acid Rain Program Radiation. (beginning in the year 2000 and [FR Doc. 96–21574 Filed 8–22–96; 8:45 am] Environmental Impact Statements; continuing into perpetuity), State and BILLING CODE 6560±50±P Notice of Availability local permitting authorities are required under titles IV and V of the Act to act RESPONSIBLE AGENCY: Office of Federal as the permitting authority for acid rain [FRL±5558±4] Activities, General Information (202) affected sources in Phase II and issue 564–7167 OR (202) 564–7153. Weekly acid rain permits as part of their title V Proposed Settlement; Hazardous receipt of Environmental Impact operating permits programs. Initial Organic NESHAP Litigation Statements Filed August 12, 1996 Phase II acid rain permits must be AGENCY: Environmental Protection Through August 16, 1996 Pursuant to 40 issued to all acid rain affected sources Agency (EPA). CFR 1506.9 no later than December 31, 1997. ACTION: Notice of Proposed Settlement; EIS No. 960381, Draft EIS, COE, FL, The following State and local Request for Public Comment. Coast of Florida Erosion and Storm permitting authorities have submitted Effects Study Region III, Construction, acid rain programs that are acceptable to SUMMARY: In accordance with Section Operation and Maintenance, Shore the EPA Administrator as part of their 113(g) of the Clean Air Act (‘‘Act’’), Protection Project, Palm Beach, title V operating permits programs: notice is hereby given of a proposed Broward and Dade Counties, FL, Due: Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43545

October 07, 1996, Contact: Michael Approval, Gulf of Mexico, TX, Due: p.m. On September 10, the meeting will Dupes (904) 232–1689. September 23, 1996, Contact: Bill begin at 8:30 a.m. and end at EIS No. 960382, Draft EIS, AFS, ID, WA, O’Beirne (301) 713–3109. approximately 4:00 p.m. Priest Lake Ranger District Noxious EIS No. 960391, Draft EIS, GSA, GA, ADDRESSES: The meeting will be held at Weed Control Project, Clifton Road Campus of the Centers the Holiday Inn Historic-District, 625 Implementation, Idaho Panhandle for Disease Control and Prevention First Street, Alexandria, Virginia. The National Forest, Bonner County, ID Acquisition of Additional Property, Holiday Inn’s telephone number is (703) and Pend Oreille County, WA, Due: DeKalb County, GA, Due: October 07, 548–6300. October 07, 1996, Contact: Tim Layser 1996, Contact: Phil Youngberg (404) FOR FURTHER INFORMATION: Contact (208) 443–2512. 331–1831. Charles Vanderlyn, Office of Wastewater EIS No. 960383, Draft EIS, AFS, ID, St. EIS No. 960392, Final EIS, FHW, CO, Management, at (202) 260–7277. Joe Noxious Weed Control Project, Parker Road (CO–83)/I–225 Implementation, St. Maries River, St. Interchange Project (FCU–CX–083–1) Dated: August 9, 1996. Joe River and Little North Fork (49), Improvement between Peoria Michael B. Cook, Clearwater River, Benewah, Shoshone Street to Hampden Avenue, Funding, Director, Office of Wastewater Management, and Latah Counties, ID, Due: October NPDES Permit and COE Section 404 Designated Federal Official. 07, 1996, Contact: Mary Laws (208) Permit, City of Aurora, Arapahoe [FR Doc. 96–21575 Filed 8–22–96; 8:45 am] 245–4517. County, CO, Due: September 23, 1996, BILLING CODE 6560±50±P EIS No. 960384, Draft Supplement, AFS, Contact: George H. Osborne (303) VA, George Washington National 969–6730. [FRL±5559±7] Forest, Revised Land and Resource EIS No. 960393, Final EIS, COE, NC, Management Plan, Concerning Oil Texasgulf Open Pit Mine Science Advisory Board; Notification and Gas Leasing in Laurel Fork Continuation, Construction and of Public Advisory Committee Special Management Area, Highland Operation, Permit Approval, Pamlico Meetings; Open Meetings County, VA, Due: October 07, 1996, River, Aurora, Beaufort County, NC , Contact: Dave Plunkett (540) 564– Due: September 23, 1996, Contact: Pursuant to the Federal Advisory 8300. Hugh Heine (910) 251–4070. Committee Act, Public Law 92–463, EIS No. 960385, Draft EIS, IBR, CA, notice is hereby given that several Interim South Delta Program (ISDP), Amended Notices committees of the Science Advisory Construction and Operation, EIS No. 960364, Draft EIS, AFS, MT, Board (SAB) will meet on the dates and Sacramento/San Joaquin Delta, Lewis and Clark National Forest Plan, times described below. All times noted Implementation, COE Section 404 Implementation, Oil and Gas Leasing are Eastern Time. All meetings are open Permit, Alameda, Contra Costa and Analysis, Upper Missouri River Basin, to the public. Due to limited space, San Joaquin Counties, CA, Due: several counties, MT, Due: November seating at meetings will be on a first- December 06, 1996, Contact: Alan R. 08, 1996, Contact: Robin Strathy (406) come basis. For further information Candlish (916) 989–7255. 791–7726. concerning specific meetings, please EIS No. 960386, Draft EIS, DOE, ID, NV, Published FR—08–9–96—Due Date contact the individuals listed below. WA, MT, OR, WY, Wildlife Mitigation Correction. Documents that are the subject of SAB Program Standards and Guidelines, reviews are normally available from the Dated: August 20, 1996. Implementation, Columbia River originating EPA office and are not Basin, WA, OR, ID, MT, UT, WY and William D. Dickerson, available from the SAB Office. NV, Due: October 07, 1996, Contact: Director, NEPA Compliance Division, Office 1. Executive Committee Thomas C. McKinney (503) 230–4749. of Federal Activities. EIS No. 960387, Final EIS, FTA, IL, St. [FR Doc. 96–21569 Filed 8–22–96; 8:45 am] The Executive Committee of the EPA Clair County Corridor Transit BILLING CODE 6560±50±U Science Advisory Board will meet on Improvements, Funding, St. Clair Tuesday and Wednesday, September County, IL, Due: September 23, 1996, [FRL±5559±4] 17–18, 1996. The meeting will convene Contact: Joni Roeseter (816) 523–0204. at 8:30 a.m. in the Administrator’s EIS No. 960388, Draft EIS, BLM, NM, Public Meeting of the Sanitary Sewer Conference Room 1103—West Tower of Little Rock Open-Pit Mine Project, Overflow Advisory Subcommittee the U.S. Environmental Protection Construction and Operation, Plan of Agency Headquarters Building at 401 M Operations Approval, and several AGENCY: Environmental Protection Street SW, Washington, DC 20460, and Permits Issuance, Grant County, NM, Agency. adjourn no later than 5:30 p.m. The Due: October 15, 1996, Contact: Juan ACTION: Notice. meeting is open to the public, however, Padilla (505) 525–4376. seating is limited and available on a first EIS No. 960389, Final EIS, FHW, PA, SUMMARY: Notice is hereby given that come basis. Danville-Riverside Bridge the Environmental Protection Agency At this meeting, the Executive Replacement Project, Construction (EPA) is convening a public meeting on Committee will receive updates from its and Road Construction, across the September 9–10, 1996. This meeting is committees and subcommittees North Branch of the Susquehanna open to the public without need for concerning their recent and planned River, Funding and Section 404 advance registration. The Sanitary activities. As part of these updates, Permit, Appalachian Mountain, Sewer Overflows (SSO) Advisory some committees will present draft Montour and Northumberland Subcommittee will discuss reports for Executive Committee review Counties, PA, Due: September 23, identification of approaches for key and approval. Expected drafts include: 1996, Contact: Manuel A. Marks (717) issues and the overall SSO strategy. 1. Executive Committee’s ‘‘Lookout 782–3461. DATES: The SSO meeting will be held on Panel’’ Committee-of-the-Whole EIS No. 960390, Final EIS, NOA, TX, September 9–10, 1996. The September 9 activity; Commentary on the First Texas Combined Coastal Management meeting will begin promptly at 10:00 Lookout Panel Session: Forecasting Program, Implementation, Federal a.m. EST and end at approximately 5:00 Future Water Environmental Issues. 43546 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

2. Ecological Processes and Effects structures (such as canal plugs, weirs, 260–6557 or via the Internet at Committee; Report on the Biocriteria for gates, culverts, levees and spoil banks) [email protected]. Lakes and Reservoirs. to manipulate local hydrology in coastal The request should identify the name of 3. Integrated Human Exposure and Great Lakes marshes. Over a two- the individual who will make the Subcommittee; Report on OPPE’s year period, the Subcommittee presentation and an outline of the issues Cumulative Exposure Model. conducted two public meetings, a site to be addressed. At least 35 copies of Other items on the agenda will likely visit to coastal Louisiana, and a writing any written comments to the Committee include: session, and has prepared a draft report are to be given to Ms. Sanzone no later 1. Interaction with advisory boards in on the ecological consequences of SMM. than the time of the presentation for other agencies. The draft report also suggests criteria for distribution to the Committee and the 2. Discussion with the Deputy evaluating proposed SMM projects, interested public. See below for Director of the Office of International minimum monitoring requirements and additional information on providing Affairs on an environmental security priority research topics. comments to the SAB. initiative. Single copies of the draft report can 3. Conducting a second session of the be obtained by contacting Ms. Providing Oral or Written Comments at Executive Committee serving as a Constance Valentine, Science Advisory SAB Meetings Lookout Panel. Substantive input for Board (1400), U.S.EPA, 401 M Street, The Science Advisory Board expects this exercise will be provided by the SW, Washington, DC 20460, telephone that public statements presented at its Millennium Project. (202) 260–8414, FAX (202) 260–7118, or meetings will not be repetitive of via the Internet at previously submitted oral or written For Further Information [email protected]. statements. In general, each individual Any member of the public wishing (2) Proposed Guidelines for Ecological or group making an oral presentation further information concerning the Risk Assessment: The Agency’s Risk will be limited to a total time of ten meeting or who wishes to submit Assessment Forum has developed minutes. For conference call meetings, comments should contact Dr. Donald G. proposed guidelines for ecological risk opportunities for oral comment will be Barnes, Designated Federal Official for assessment in order to improve the limited to no more than five minutes per the Executive Committee, Science quality and consistency of EPA’s risk speaker and no more than fifteen Advisory Board (1400), U.S. EPA, assessments, as well as to inform the minutes total. Written comments (at Washington, DC 20460, phone (202)– scientific community and the public. least 35 copies) received in the SAB 260–4126; fax (202)–260–9232; or via The proposed guidelines are a result of Staff Office sufficiently prior to a the INTERNET at: a series of efforts, begun by the Forum meeting date, may be mailed to the [email protected]. Copies of in 1989, including a series of colloquia relevant SAB committee or the draft meeting agenda and available to identify issues and development of subcommittee prior to its meeting; draft reports listed above can be the Framework for Ecological Risk comments received too close to the obtained from Ms. Priscilla Tillery- Assessment, illustrative case studies, meeting date will normally be provided Gadson at the above phone and fax and issue papers highlighting important to the committee at its meeting. Written numbers. principles. The draft proposed comments may be provided to the guidelines have been reviewed by 2. Ecological Processes and Effects relevant committee or subcommittee up scientists and risk managers both within Committee until the time of the meeting. and outside of the Agency. Dated: August 19, 1996. The Ecological Processes and Effects The proposed guidelines will be Donald G. Barnes, Committee (EPEC) of the Science printed in the Federal Register for Advisory Board (SAB) will meet on public comment in September, Staff Director, Science Advisory Board. September 19–20, 1996, at the concurrent with their review by EPEC. [FR Doc. 96–21570 Filed 8–22–96; 8:45 am] Environmental Protection Agency’s Copies of the draft guidelines are NOT BILLING CODE 6560±50±P Washington Information Center (WIC), available from the Science Advisory 401 M Street, SW, Washington, DC Board. For additional information, [OPPTS±42188; FRL±5392±3] 20460, in Conference Room 17. The contact Dr. William van der Schalie, meeting will begin at 8:30 a.m. on EPA Office of Research and RIN 2070±033 September 19 and at 8:00 a.m. on Development, 401 M Street, SW., TSCA Section 8(d) Amendments; September 20, and end no later than Washington, DC 20460, telephone (202) Notice of Public Meeting 5:00 p.m. on each day. 260–4191. The main purpose of the meeting is AGENCY: Environmental Protection Additional Information to: 1) review and approve subcommittee Agency (EPA). reports, including the draft report, Members of the public desiring ACTION: Notice of meeting. Structural Marsh Management: additional information about the Ecological Impacts and Evaluation meeting, including an agenda, should SUMMARY: As part of its regulatory Criteria, prepared by the Marsh contact Ms. Constance Valentine, Staff reinvention initiative, EPA is reviewing Management Subcommittee; and 2) Secretary, Science Advisory Board its reporting requirements under section review the Agency’s proposed (1400F), US EPA, 401 M Street, SW., 8(d) of the Toxic Substances Control Act guidelines for ecological risk Washington DC 20460, by telephone at (TSCA). The Agency’s goal is to assessment. (202) 260–6552, fax at (202) 260–7118, streamline the reporting requirements or via The INTERNET at: while enhancing its ability to protect Background [email protected]. human health and the environment. (1) Structural Marsh Management: the Anyone wishing to make an oral EPA invites all interested parties to Marsh Management Subcommittee was presentation at the meeting should attend a public meeting to discuss established in 1994 to review the state contact Stephanie Sanzone, Designated possible amendments to the section 8(d) of the science underlying structural Federal Official for EPEC, no later than of TSCA model rule which requires marsh management (SMM), the use of 4:00 p.m., September 6, 1996, at (202) reporting of health and safety studies Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43547

(see 40 CFR part 716). This notice forwarders pursuant to section 19 of the the voting shares of ASB Corporation, announces the location and time for the Shipping Act of 1984 (46 U.S.C. app. Tulsa, Oklahoma, and thereby indirectly meeting and sets forth tentative agenda 1718 and 46 CFR 510). acquire The American State Bank, topics. Persons knowing of any reason why Tulsa, Oklahoma. DATES: The public meeting will be held any of the following applicants should Board of Governors of the Federal Reserve on September 12, 1996, from 10 a.m. to not receive a license are requested to System, August 19, 1996. 12:30 p.m. contact the Office of Freight Forwarders, Jennifer J. Johnson, Federal Maritime Commission, ADDRESSES: The meeting will be held in Deputy Secretary of the Board. Washington, D.C. 20573. the Washington Information Center [FR Doc. 96–21527 Filed 8-22-96; 8:45 am] Conference Rm. 17 at the U.S. Universal Export Services Inc., 12250 BILLING CODE 6210-01-F Environmental Protection Agency Biscayne Blvd., Suite 216, Miami, FL Headquarters, 401 M St., SW., 33181, Officer: Myat T. Maung, C.T.S., Washington, DC 20460. President Formations of, Acquisitions by, and Express Overseas Cargo and Freight FOR FURTHER INFORMATION CONTACT: Forwarder, 3701 Wilshire Blvd., Penthouse Mergers of Bank Holding Companies Susan B. Hazen, Director, #1120 , Los Angeles, CA 90010, Aurora S. The companies listed in this notice Environmental Assistance Division Biesheuvel, Patricia J. Pimentel, (7408), Rm. ET–543B, Office of Partnership have applied to the Board for approval, Pollution Prevention and Toxics, U.S. Jasper Freight, Inc., 1427 San Marino Ave., pursuant to the Bank Holding Company Environmental Protection Agency, 401 Suite 10, San Marino, CA 91108, Officer: Act of 1956 (12 U.S.C. 1841 et seq.) M St., SW., Washington, DC 20460; Ricco Tseng, Manager. (BHC Act), Regulation Y (12 CFR Part telephone: (202) 554–1404; TDD: (202) Dated: August 20, 1996. 225), and all other applicable statutes and regulations to become a bank 554–0551; e-mail: TSCA- Joseph T. Farrell, holding company and/or to acquire the [email protected]. Acting Secretary. For technical information contact: assets or the ownership of, control of, or [FR Doc. 96–21540 Filed 8–22–96; 8:45 am] the power to vote shares of a bank or Keith Cronin, Project Manager, BILLING CODE 6730±01±M Chemical Control Division (7405), bank holding company and all of the Office of Pollution Prevention and banks and nonbanking companies owned by the bank holding company, Toxics, U.S. Environmental Protection FEDERAL RESERVE SYSTEM Agency, 401 M St., SW., Washington, including the companies listed below. The applications listed below, as well DC 20460; telephone: 202–260–8157; Change in Bank Control Notices; as other related filings required by the fax: 202–260–1096; e-mail: Acquisitions of Shares of Banks or Board, are available for immediate [email protected]. Bank Holding Companies inspection at the Federal Reserve Bank SUPPLEMENTARY INFORMATION: The The notificants listed below have indicated. Once the application has tentative agenda for the TSCA section been accepted for processing, it will also 8(d) health and safety studies reporting applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § be available for inspection at the offices amendments meeting is as follows: of the Board of Governors. Interested 1. Plans for development of the 225.41 of the Board’s Regulation Y (12 persons may express their views in amended TSCA section 8(d) reporting CFR 225.41) to acquire a bank or bank writing on the standards enumerated in rule. holding company. The factors that are the BHC Act (12 U.S.C. 1842(c)). If the 2. Current TSCA section 8(d) process. considered in acting on the notices are proposal also involves the acquisition of 3. Considerations regarding need for set forth in paragraph 7 of the Act (12 a nonbanking company, the review also change. U.S.C. 1817(j)(7)). includes whether the acquisition of the 4. Options for amending the TSCA The notices are available for nonbanking company complies with the section 8(d) reporting rule. immediate inspection at the Federal standards in section 4 of the BHC Act, 5. Burden reductions envisioned for Reserve Bank indicated. Once the including whether the acquisition of the industry and Government. notices have been accepted for nonbanking company can ‘‘reasonably 6. Tentative schedule for notice of processing, they will also be available be expected to produce benefits to the proposed rulemaking development for inspection at the offices of the Board public, such as greater convenience, activities. of Governors. Interested persons may increased competition, or gains in 7. Other topics as appropriate. express their views in writing to the Reserve Bank indicated for that notice efficiency, that outweigh possible Dated: August 16, 1996. or to the offices of the Board of adverse effects, such as undue Frank Kover, Governors. Comments must be received concentration of resources, decreased or Director, Chemical Control Division, Office not later than September 12, 1996. unfair competition, conflicts of of Pollution Prevention and Toxics. A. Federal Reserve Bank of New interests, or unsound banking practices’’ [FR Doc. 96–21564 Filed 8–22–96; 8:45 am] York (Christopher J. McCurdy, Senior (12 U.S.C. 1843). Any request for a Vice President) 33 Liberty Street, New hearing must be accompanied by a BILLING CODE 6560±50±F York, New York 10045: statement of the reasons a written 1. Ambrose Hamm, Branchville, New presentation would not suffice in lieu of Jersey; to acquire 10.19 percent of the a hearing, identifying specifically any FEDERAL MARITIME COMMISSION voting shares of Sussex Bancorp, questions of fact that are in dispute, Ocean Freight Forwarder License; Franklin, New Jersey. summarizing the evidence that would Applicants B. Federal Reserve Bank of Kansas be presented at a hearing, and indicating City (John E. Yorke, Senior Vice how the party commenting would be Notice is hereby given that the President) 925 Grand Avenue, Kansas aggrieved by approval of the proposal. following applicants have filed with the City, Missouri 64198: Unless otherwise noted, nonbanking Federal Maritime Commission 1. Barry Sanders, Rochester Hills, activities will be conducted throughout applications for licenses as ocean freight Michigan; to acquire 38.89 percent of the United States. 43548 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Unless otherwise noted, comments gains in efficiency, that outweigh 1. Personnel actions (appointments, regarding each of these applications possible adverse effects, such as undue promotions, assignments, reassignments, must be received at the Reserve Bank concentration of resources, decreased or and salary actions) involving individual indicated or the offices of the Board of unfair competition, conflicts of Federal Reserve System employees. Governors not later than September 16, 2. Any items carried forward from a interests, or unsound banking practices’’ previously announced meeting. 1996. (12 U.S.C. 1843). Any request for a A. Federal Reserve Bank of New hearing on this question must be CONTACT PERSON FOR MORE INFORMATION: York (Christopher J. McCurdy, Senior accompanied by a statement of the Mr. Joseph R. Coyne, Assistant to the Vice President) 33 Liberty Street, New reasons a written presentation would Board; (202) 452–3204. You may call York, New York 10045: not suffice in lieu of a hearing, (202) 452–3207, beginning at 1. Sussex Bancorp, Franklin, New identifying specifically any questions of approximately 5 p.m. two business days Jersey; to become a bank holding fact that are in dispute, summarizing the before this meeting, for a recorded company by acquiring 100 percent of evidence that would be presented at a announcement of bank and bank the voting shares of The Sussex County hearing, and indicating how the party holding company applications State Bank, Franklin, New Jersey. commenting would be aggrieved by scheduled for the meeting. B. Federal Reserve Bank of Chicago approval of the proposal. Dated: August 21, 1996. (James A. Bluemle, Vice President) 230 Unless otherwise noted, comments Jennifer J. Johnson, South LaSalle Street, Chicago, Illinois regarding the applications must be 60690: Deputy Secretary of the Board. 1. American Bancshares, received at the Reserve Bank indicated [FR Doc. 96–21644 Filed 8–21–96; 10:57 am] or the offices of the Board of Governors Incorporated, Holstein, Iowa; and Ida BILLING CODE 6210±01±P Grove Bancshares, Inc., Ida Grove, Iowa; not later than September 6, 1996. to acquire 100 percent of the voting A. Federal Reserve Bank of Cleveland shares of Farmers State Bank, Charter (R. Chris Moore, Senior Vice President) DEPARTMENT OF HEALTH AND Oak, Iowa. 1455 East Sixth Street, Cleveland, Ohio HUMAN SERVICES 44101: Board of Governors of the Federal Reserve System, August 19, 1996. 1. National City Corporation, Program Support Center; Agency Jennifer J. Johnson, Cleveland, Ohio; to acquire 51 percent Information Collection Activities: Proposed Collections; Comment Deputy Secretary of the Board. of the voting shares of Muirfield Mortgage Limited Partnership, an Ohio Request [FR Doc. 96–21525 Filed 8–22–96; 8:45 am] limited partnership to be formed, BILLING CODE 6210±01±F The Department of Health and Human through its wholly-owned subsidiary, Services, Program Support Center, will National City Mortgage Company, and periodically publish summaries of thereby engage in residential mortgage Notice of Proposals to Engage in proposed information collections loan origination activities pursuant to § Permissible Nonbanking Activities or projects and solicit public comments in 225.25(b)(1) of the Board’s Regulation Y. to Acquire Companies that are compliance with the requirements of Engaged in Permissible Nonbanking B. Federal Reserve Bank of St. Louis Section 3506(c)(2)(A) of the Paperwork Activities (Randall C. Sumner, Vice President) 411 Reduction Act of 1995. To request more Locust Street, St. Louis, Missouri 63166: information on the project or to obtain The companies listed in this notice 1. Allegiant Bancorp, Inc., St. Louis, have given notice under section 4 of the a copy of the information collection Missouri; to engage de novo through its plans and instruments, call the PSC Bank Holding Company Act (12 U.S.C. subsidiary, Edge Mortgage Services, 1843) (BHC Act) and Regulation Y, (12 Reports Clearance Officer on (301) 443– Inc., Maryland Heights, Missouri, in the 2045. CFR Part 225) to engage de novo, or to making, acquiring, servicing and selling acquire or control voting securities or Comments are invited on: (a) Whether of mortgage loans pursuant to § the proposed collection of information assets of a company that engages either 225.25(b)(1) of the Board’s Regulation Y. directly or through a subsidiary or other is necessary for the proper performance company, in a nonbanking activity that Board of Governors of the Federal Reserve of the functions of the agency, including is listed in § 225.25 of Regulation Y (12 System, August 19, 1996. whether the information shall have CFR 225.25) or that the Board has Jennifer J. Johnson practical utility; (b) the accuracy of the determined by Order to be closely Deputy Secretary of the Board agency’s estimate of the burden of the related to banking and permissible for [FR Doc. 96–21526 Filed 8–22–96; 8:45 am] proposed collection of information; (c) ways to enhance the quality, utility and bank holding companies. Unless BILLING CODE 6210±01±F otherwise noted, these activities will be clarity of the information to be conducted throughout the United States. collected; and (d) ways to minimize the Each notice is available for inspection Sunshine Act Meeting burden of the collection of information at the Federal Reserve Bank indicated. on respondents, including through the Once the notice has been accepted for AGENCY HOLDING THE MEETING: Board of use of automated collection techniques processing, it will also be available for Governors of the Federal Reserve or other forms of information inspection at the offices of the Board of System. technology. Governors. Interested persons may TIME AND DATE: 10:00 a.m., Wednesday, 1. HHS Payment Management System express their views in writing on the August 28, 1996. Forms (PMS–270 and PMS–272)— 0937–0200—Extension question whether the proposal complies PLACE: Marriner S. Eccles Federal with the standards of section 4 of the Reserve Board Building, C Street The PMS 270, Request for Advance or BHC Act, including whether entrance between 20th and 21st Streets, Reimbursement is used to make consummation of the proposal can NW., Washington, DC 20551. advances or reimbursement payments to ‘‘reasonably be expected to produce grantees. It serves in place of the SF– benefits to the public, such as greater STATUS: Closed. 270. Respondents: State and local convenience, increased competition, or MATTERS TO BE CONSIDERED: governments; profit and nonprofit Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43549 businesses and organizations receiving and Services Administration, 4350 East services and formularies. One grants from HHS; Total Number of West Highway, 10th Floor, Bethesda, commenter described the guidelines as Respondents: 25; Frequency of MD 20814, Phone (301) 594–4353, FAX straightforward, clear and consistent Response: monthly; Average Burden per (301) 594–4982. with section 340B. Another commenter Response: 15 minutes; Estimated EFFECTIVE DATE: August 23, 1996. stated that the ‘‘use of contract Annual Burden: 75 hours. pharmacies by covered entities is The PMS–272, Federal Cash SUPPLEMENTARY INFORMATION: fundamental to the success of the VHCA Transactions Report, is used to monitor (A) Background [Veterans Health Care Act] drug pricing Federal cash advances to grantees and Proposed guidelines for contract program.’’ The commenter supported obtain Federal cash disbursement data. pharmacy services were announced in the guidelines and urged the It serves in place of the SF–272. the Federal Register at 60 FR 55586 on Department to expedite their Respondents: State and local November 1, 1995. A comment period of completion, as the importance of the governments, profit and nonprofit 30 days was established to allow contract pharmacy option to their businesses and institutions receiving interested parties to submit comments. members could not be overstated. grants from HHS; Total Number of The Health Resources and Services The following section presents a Respondents: 11,050; Frequency of Administration, Bureau of Primary summary of all major comments, Response: Quarterly; Average Burden Health Care, acting through the Office of grouped by subject, and a response to per Response: 4 hours; Estimated Drug Pricing (ODP), received eleven each comment. All comments were Annual Burden: 176,800 hours. letters including comments concerning considered in developing this final Total Burden: 176,875 hours. the scope of the 340B Program, notice, with changes made to increase Send comments to Douglas F. Mortl, contractor certification, contractor and clarity and readability. In addition, to PSC Reports Clearance Officer, Room entity penalties for drug diversion, provide further technical assistance and 17A08, Parklawn Building, 5600 Fishers creation of an agency relationship guidance to covered entities interested Lane, Rockville, MD 20857. Written between the entity and the contractor, in using this mechanism, examples of comments should be received within 60 entity responsibilities including price report contents, a suggested system to days of this notice. establishment, reimbursement, ensure an adequate drug tracking Dated: August 19, 1996. inventory control, and the like. system, and a method to ensure patient Lynnda M. Regan, Although some manufacturers eligibility are included. Various commenters, and in particular drug Director, Program Support Center. expressed concerns regarding the potential for drug diversion, the manufacturers, suggested the need for [FR Doc. 96–21530 Filed 8–22–96; 8:45 am] detailed systems. The National BILLING CODE 4160±17±M Department has received no evidence of diversion that has required an official Association of Community Health Departmental investigation. This Centers suggested some of the specific Health Resources and Services includes the various drug distribution examples. Administration systems, among them those using (B) Comments and Responses contract pharmacy services. However, in RIN 0905±ZA96 response to manufacturers’ concerns, (1) General Notice Regarding Section 602 of the the Department intends to study the use Comment: The use of contract Veterans Health Care Act of 1992; of contracted pharmacy services for pharmacy services is inconsistent with Contract Pharmacy Services accessing 340B drugs to determine if section 340B of the PHS Act and results there is evidence of drug diversion. In in an unauthorized expansion of the AGENCY: Health Resources and Services particular, the Department will examine program. Administration, HHS. closely documented complaints, Response: Section 340B, which ACTION: Final notice. including the results of manufacturers’ established the Drug Pricing Program, audits, will use other analyses as requires manufacturers to sell to SUMMARY: Section 602 of Public Law deemed appropriate, and will consider covered entities at or below a ceiling 102–585, the ‘‘Veterans Health Care Act whether additional safeguards are price determined by a statutory formula. of 1992’’ (the ‘‘Act’’), enacted section necessary. The statute is silent as to permissible 340B of the Public Health Service Act We received some very positive drug distribution systems. There is no (‘‘PHS Act’’), ‘‘Limitation on Prices of comments in support of the mechanism. requirement for a covered entity to Drugs Purchased by Covered Entities.’’ These comments discussed the many purchase drugs directly from the Section 340B provides that a covered entities which do not operate manufacturer or to dispense drugs itself. manufacturer who sells covered their own licensed pharmacies; It is clear that Congress envisioned that outpatient drugs to eligible (covered) therefore, the guidelines encourage various types of drug delivery systems entities must sign a pharmaceutical these entities to participate in the would be used to meet the needs of the pricing agreement with the Secretary of program. Because these covered entities very diversified group of 340B covered Health and Human Services (HHS) in provide medical care for many entities. which the manufacturer agrees to charge individuals and families with incomes It has been the Department’s position a price for covered outpatient drugs that well below 200% of the Federal poverty that if a covered entity using contract will not exceed an amount determined level and subsidize prescription drugs pharmacy services requests to purchase under a statutory formula. for many of their patients, it was a covered drug from a participating The purpose of this notice is to inform essential for them to access 340B manufacturer, the statute directs the interested parties of final guidelines pricing. Covered entities could then use manufacturer to sell the drug at the regarding contract pharmacy services. savings realized from participation in discounted price. If the entity directs FOR FURTHER INFORMATION CONTACT: the program to help subsidize the drug shipment to its contract Annette Byrne, R. Ph., M.S., Director, prescriptions for their lower income pharmacy, we see no basis on which to Drug Pricing Program, Bureau of patients, increase the number of patients conclude that section 340B precludes Primary Health Care, Health Resources whom they can subsidize and expand this type of transaction or otherwise 43550 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices exempts the manufacturer from Comment: The guidelines were drugs to individuals who are not statutory compliance. However, the proposed without a comprehensive patients of the covered entities. Further, entity must comply, under any notice and comment period. the dispensing of drugs, purchased with distribution mechanism, with the Response: During the early months a 340B discount, must not result in the statutory prohibition on drug diversion. following enactment, it became clear generation of a Medicaid rebate. that there were many gaps in the Comment: Participation in the During the early period of program legislation and some form of program contract pharmacy mechanism by implementation, it became apparent that structure was necessary to move the hemophilia treatment centers funded only a very small number of the 11,500 program forward. There were under the Maternal and Child Health covered entities used in-house approximately 11,500 eligible entities, Block Grant Program would contravene pharmacies (approximately 500), 500 participating manufacturers, the central goals of that program and although additional entities participated numerous wholesalers and many could result in grant termination or non- by buying drugs for their physician Federal programs affected by this renewal. dispensing activities. In addition, many legislation and all seeking guidance. It Response: Block grant funds are of the larger groups of covered entities, was incumbent upon the Department to designed for formula allocation to the including community and migrant implement this difficult Congressional States to meet specific defined needs in health centers, hemophilia clinics and mandate in an expeditious manner. the legislation. Congress recognized that most of the Ryan White HIV service Interpretive rules and statements of the Maternal and Child Health Bureau programs (e.g., State AIDS Drug policy were developed to provide (MCHB) had other needs that should be Assistance Programs) depend upon necessary program guidance. The met more flexibly; therefore, fifteen outside pharmacy services. Yet, because Department has published these percent of the appropriation is a the delivery of pharmacy services is guidelines in the Federal Register, used discretionary set-aside. These funds are central to the mission of (and a legal a Federal clearance process (including not subject to the specific parameters of mandate in some instances for) these the Office of Management and Budget’s block grant funds but instead are used providers, they rely on outside clearance) and provided a public to fulfill other goals within the MCHB pharmacies to fill the need. It would comment period to obtain both Federal mission. This includes the provision of defeat the purpose of the 340B program as well as public input into guideline services (including pharmaceuticals) to if these covered entities could not use development. The Department individuals with hemophilia disorders their affiliated pharmacies in order to considered all comments in developing and their families. Therefore, the participate in the 340B program. these final guidelines. purchase of pharmaceuticals by Otherwise, they would be faced with the The guidelines explain how the hemophilia centers does not contravene untenable dilemma of having either to Department intends to administer the grant principles. expend precious resources to develop 340B, further explain the statutory Comment: The contract pharmacy their own in-house pharmacies (which language by clarifying the meaning mechanism contravenes Federal and for many would be impossible) or forego given by the Department to particular State laws and regulations (e.g., participation in the program altogether. words or phrases, and do not exceed the Prescription Drug Marketing Act and the Neither option is within the interest of purpose of 340B or conflict with any of Anti-kickback Statute). the covered entities, the patients they its provisions. We believe that these Response: We found no indication serve, or is consistent with the intent of guidelines create no new law and create that the guidelines contravene Federal the law. no new rights or duties; therefore, they or State law. Regarding allegations that are not subject to the Administrative the guidelines contravene the As early as 1993, several covered Procedure Act’s requirement of notice Prescription Drug Marketing Act entity groups and a home care company and comment. Nevertheless, the (PDMA), it is clear that the guidelines came forward to assist the Department Department chose to solicit and respond fall squarely within the PDMA resale in developing a workable mechanism to to public comment. exception that allows the dispensing of use outside pharmacies under Comment: As a matter of State law, a prescription drug purchased by a arrangements which would decrease the entities possess the right to hire retail health care entity when dispensing is drug diversion potential. The result was pharmacies to act as their agents in pursuant to a prescription. See 21 U.S.C. the November 1 proposed notice, which providing pharmaceutical care to their 353(c)(3)(B)(v). Under the guidelines, articulates a voluntary model patients. As a general rule, a person or the contract pharmacy would dispense agreement. Currently, contract entity privileged to perform an act may 340B drugs to patients of the covered pharmacies are used by a number of appoint an agent to perform the act entity pursuant to a prescription. The large organizations, such as the unless contrary to public policy or an contract pharmacy would act as an American Red Cross, several community agreement requiring personal agent of the covered entity, in that it health centers, and the New York Blood performance. Restatement of Agency 2d would not resell a prescription drug but Consortium. § 17 (1995). Hence, even in the absence rather distribute the drug on behalf of It must be understood that the use of of Federal guidelines, covered entities the covered entity. This situation is akin contract services is only providing those have the right to contract with retail to a covered entity having its own covered entities (which would pharmacies for the purpose of pharmacy. Moreover, the guidelines otherwise be unable to participate in the dispensing 340B drugs. By issuing include controls intended to prevent program) a process for accessing 340B guidelines in this area, ODP is not diversion and provide for accountability pricing. The mechanism does not in any seeking to create a new right but rather of drug stocks. For these reasons, the way extend this pricing to entities is simply recognizing an existing right guidelines are consistent with both the which do not meet program eligibility. that covered entities enjoy under State letter and the spirit of the PDMA. However, it has permitted more eligible law. We believe it necessary to ensure that entities to participate in the program Response: We agree. However, covered entities contracting with with a reasonable assurance that the entities, under any distribution system, pharmacies to dispense 340B drugs are potential for drug diversion is must comply with the statutory aware of the requirements of the Federal eliminated. prohibition against diversion of 340B anti-kickback statute and the way in Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43551 which such requirements could apply to extent the guidelines may be covered entity must meet in order to be their arrangements with contracting inconsistent with a State’s distributor in compliance with section 340B pharmacies. To this end, we inserted licensing requirements, this same provisions and receive 340B pricing. into the guidelines a discussion of the reasoning would apply. Response: The contracted pharmacy statute’s requirements and its potential Comment: Covered entities may bill mechanism does establish these criteria application in this type of contracting insurers for 340B drugs at the usual in that it includes provisions for situation. price, resulting in the savings not being purchasing only by the entity and not In addition, provision (e) of the passed on to the patients. contractor, identifies customary and guidelines provides that the ‘‘contractor Response: Section 340B does not limit adequate records that can provide an and the covered entity will adhere to all the pricing behavior of covered entities. audit trail, preclusion of the filling of Federal, State, and local laws and It is our understanding that covered Medicaid prescriptions (thus preventing requirements.’’ As a general matter, we entities have a variety of drug pricing duplicate discounting), and three found it impossible to discuss each approaches. While some may pass all or provisions related to the potential for State’s laws and regulations regarding a significant part of the discount to their drug diversion (agreement not to divert drug purchase, distribution, and patients, others may set the price with specified penalties, customary dispensing in relation to the many slightly higher than the actual drug tracking systems, and an agreement different types of entities and their acquisition cost plus a reasonable to permit manufacturer and HHS individual needs. We believe it dispensing fee, using the savings to audits). appropriate that the guidelines include reach more eligible patients and provide Comment: The reference to ‘‘facility’’ a provision that requires each entity and more comprehensive services. The in provision (b) should be changed to contractor to be responsible for ensuring Department intends to examine the ‘‘entity’’ for clarification. that their particular contracting section 340B drug pricing activities of Response: The guidelines were arrangements and operations conform to covered entities to determine the revised accordingly. various approaches used and the the requirements of all applicable laws Comment: The Department should rationale for these approaches. and regulations. review all contracts between covered Comment: The ODP should develop a However, until it completes its entities and pharmacies or develop a uniform contractual agreement and examination of this issue, the procedure for certifying that each distribute this agreement to covered Department notes that a modest section contract pharmacy arrangement meets entities for use without modification. 340B price markup, with saving realized the mechanism criteria. Response: The guidelines propose a from the discounts used by covered Response: The Department has added model format only. The Department has entities only for purposes of the federal a provision to the guidelines which included in the guidelines provisions program (including certain suggests that covered entities utilizing necessary to ensure that covered entities disproportionate share hospitals) which contract pharmacy services submit to and contract pharmacies understand provides its section 340B eligibility does the ODP a certification that they have and agree not to violate 340B not appear to be inconsistent with the signed and have in effect an agreement provisions. Because of the wide drug pricing program. diversity of covered entities (including Comment: There should be a with the pharmacy contractor hemophilia clinics, large hospitals, limitation to only those covered entities containing provisions (a) through (k) as migrant health clinics, family planning that do not have the capability under outlined in the guidelines. For the service programs and State AIDS drug State pharmacy law to purchase and convenience of participating drug assistance programs), it would be dispense prescription drugs. manufacturers, the names of covered impossible to include provisions Response: The guidelines have been entities which submit a certification, or responsive to the needs of all entities. revised to read that the ‘‘mechanism is have submitted an alternate mechanism Comment: ODP should keep a list of designed to facilitate program to reduce the potential for drug all acceptable contract pharmacies. participation for those eligible covered diversion which has been approved by Response: Any pharmacy licensed by entities that do not have access to an ODP, will be placed on the program a State Board of Pharmacy is acceptable. appropriate ‘in-house’ pharmacy electronic bulletin board (EDRS) for Comment: Some State laws require services.’’ However, this is not a bar to public access. that manufacturers ensure that a buyer the use of the mechanism by any Comment: Covered entities should be is licensed to purchase pharmaceuticals. covered entity. permitted to contract with more than Covered entities that do not have Comment: A covered entity should one site and contractor. Although we pharmacy operations would not be use only one form of participation, and understand that the limitation of one licensed, and thus, in some States, if it purchases in its own right for some contractor (with multiple sites) was manufacturers could not receive from patients, it should not use a contractor intended to address drug diversion the covered entity the assurance for others. concerns, covered entities will have the required by State law. Response: Some covered entities may incentive of directing their patients to Response: Provision (e) provides that receive nominal pricing directly from a the contract pharmacy site participating the covered entity will adhere to all manufacturer (e.g., family planning) for in the program, even though there may Federal, State and local laws and specific drugs, may obtain certain drugs be several nonparticipating sites of requirements. Accordingly, if State X through promotional discounts, or have contractors that would be more requires an entity to be licensed to a manufacturer-specific indigent free convenient for the patients. purchase drugs and a covered entity drug program which could necessitate Response: Covered entities are subject to the laws of State X does not the procurement of other unlikely to select a contract pharmacy have a pharmacy license, it may not be pharmaceuticals from a retail pharmacy. that is not convenient for their patients. able to purchase drugs. However, if The statute does not limit the covered See also the discussion of patient State X permits a covered entity to use entities’ access to these avenues of drug choice, below. contract pharmacy services to purchase purchasing. Comment: PHS is moving from a drugs on its behalf, the entity could Comment: The Department should direct purchase discount program to an presumably use this mechanism. To the establish criteria that a contractor and a indirect charge-back contracting system. 43552 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Response: All 340B drugs will be sold Response: The guidelines provide that pharmacy may be a violation of law, we to covered entities; therefore, there are the covered entity will verify, using the will refer such cases to appropriate no additional charge backs involved. contractor’s (readily retrievable) authorities. customary business records, that a (2) Patient Choice (5) Potential Drug Diversion tracking system exists which will ensure Comment: Provision (c) provides that that drugs purchased under the Act are Comment: PHS should conduct an the patient may obtain the prescription not diverted to individuals who are not annual audit of each contract pharmacy from the pharmacy provider of his or patients of the covered entity. These to ensure compliance with all her choice. Pharmacy providers cannot records will be maintained for the Departmental rules and regulations. provide prescriptions, as only a period of time required by the State law Response: Subject to the availability physician can write a prescription. The and regulations. The guidelines provide of funds, the Department intends to guidelines should permit the patient to that the contractor will provide the conduct a study of the contract obtain the prescription from the covered covered entity with reports consistent pharmacy mechanism. Depending upon entity physician and then be able to fill with normal business practices as well the results of this analysis and the that prescription at the pharmacy of his as maintain records separate from it’s availability of funds, further study may or her choice. Further, the covered own operation. In addition, the result. Annual audits of each contract entity physician should inform each contractor will agree to be subject to pharmacy situation would be patient that he or she has the freedom audits by both the manufacturers and burdensome and are not feasible. to choose any pharmacy to fill the the Department. In light of these Comment: Contract pharmacies will prescription. provisions, audits will be possible, be motivated to identify patients other Response: The use of the word regardless of whether drugs are shipped than those of the covered entity whose ‘‘prescription’’ may be somewhat by manufacturers or wholesalers. drug usage can afford the contractor a confusing. We have revised this Comment: A ‘‘ship to, bill to’’ profit opportunity. The covered entity provision to read ‘‘may obtain the procedure could interfere with should be responsible to the prescription from the covered entity and marketing arrangements that an manufacturer for any diversion by the then obtain the drug(s) from the individual manufacturer may have contractor of 340B drugs to individuals pharmacy provider of his or her established as part of its usual business who are not patients of the covered choice.’’ In addition, a provision is practices. entity. added to address the responsibility of Response: Because the manufacturer Response: The guidelines contains the covered entity physician to inform is still selling to the covered entities, we provision (h), in which both parties the patient of his or her freedom of can see no interference with marketing agree to not ‘‘resell or transfer a drug choice. arrangements. The manufacturer will be purchased at section 340B prices to an Comment: Wording should be added using its usual business practices. Only individual who is not a patient of the to provision (c) to make it clear that the delivery of the drug will be altered. covered entity.’’ In addition, this when a patient obtains a drug from a Comment: The covered entity (not its provision provides that if diversion has retail pharmacy other than the entity’s contractor) will place all orders for occurred, the contractor will pay the contract pharmacy, the manufacturer drugs based upon its projections of the amount of the discount in question so does not have to offer this drug at 340B needs of its patients. that the covered entity can reimburse pricing. Response: Because the covered entity the manufacturer, as required by section Response: The guidelines were will have no knowledge of the inventory 340B(a)(5)(D). revised accordingly. levels of the pharmacy, it would be Comment: The mechanism should unrealistic to include a provision that include provisions for ensuring that the (3) Bill to/Ship to the covered entity will order 340B agreement will, in fact, be enforced. Comment: The type of ‘‘bill to, ship drugs. Response: The Department does have to’’ arrangement proposed in the notice Comment: The covered entity, the authority to remove a covered entity is not a ‘‘purchase’’ by the covered consistent with customary business from the eligibility list if it (or its entity. practices in wholesale purchases, contract pharmacy) is found to have Response: Please note provision (a) of should make timely payment of invoices diverted 340B drugs to individuals who the notice which states ‘‘the covered for drugs shipped to the contractor are not patients of the entity. To this entity will purchase the drug.’’ The pursuant to the entity’s order. end, the Department has developed a contract pharmacy does not purchase Response: We have included this mechanism to receive and investigate the drug. Title to the drugs passes to the concept in the guidelines, Section 1 of complaints concerning drug diversion. covered entity. Appendix. This mechanism was published in the Comment: A ‘‘ship to, bill to’’ Federal Register for notice and arrangement may not be lawful in many (4) Penalties comment on June 10, 1994 (59 FR States (e.g., state distributor licensing Comment: The penalty for the 30021). In addition, the Department, at requirements). contract pharmacy which violates the various public meetings concerning the Response: The Department obtained agreement not to resell or transfer a drug implementation of 340B, has requested information from both the American purchased at 340B pricing is documentation of any covered entity Pharmaceutical Association and the inadequate. Knowing violators should drug diversion. To date, the Department National Association of Boards of be fined beyond their unjust profit and has received no indication of drug Pharmacy which suggests that no State criminal and fraud penalties should be diversion in relation to drugs purchased would consider this type of activity imposed. at 340B discount pricing that has unlawful. Response: The Department has no required an official Departmental Comment: If the ‘‘ship to, bill to’’ statutory authority to assess additional investigation. procedure is implemented through penalties beyond the authority provided Comment: The manufacturer appears wholesalers, there are no procedures in in section 340B. However, to the extent to bear the sole risk arising from abuses place that can enable a manufacturer to the Department is aware that improper of the program and has no recourse if conduct an adequate audit. action by an entity or a contract such abuse occurs. The manufacturer Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43553 has limited ability to verify an we have included a suggested contract against drug diversion and duplicate arrangement between the covered entity provision which states, ‘‘(pharmacy) discounting. and the contract pharmacy. Under the will dispense covered drugs only in the Response: Because the covered entity statute, the manufacturer’s only remedy following circumstances: (1) Upon purchases the drug, retaining title, and is to demand an audit; however, the lack presentation of a prescription bearing directs shipment to its contractor, it of final audit guidelines has effectively the (covered entity’s) name, the eligible retains responsibility for the drug. If the prevented manufacturers from patient’s name, a designation that the drug generates a Medicaid rebate or is undertaking this type of activity. PHS patient is an eligible patient, and the diverted to an individual who is not a should make arrangements for signature of a legally qualified health patient of the covered entity, the entity injunctive relief to prevent damages care provider affiliated with the will be responsible for such activity. from ongoing violations of the statute, or (covered entity); or (2) receipt of a The Department and a participating provisions for terminating the prescription ordered by telephone on manufacturer have the authority to audit participation of covered entities or their behalf of an eligible patient by a legally the records of the covered entity and the contractors. qualified health care provider affiliated contractor that directly relate to that Response: The manufacturer has with the (covered entity) who states that manufacturer’s drugs and to the 340B sufficient remedies available to detect the prescription is for an eligible prohibitions against drug diversion and and eliminate abuse of the program. patient. The (covered entity) should duplicate discounting. See proposed First, the manufacturer may audit the provide a list to the (pharmacy) of all Audit Guidelines, 59 FR 30021, June 10, entity. Although the audit guidelines such qualified health care providers and 1994. Further, the Department has were not published in final form, we will update the list of providers to proposed a dispute resolution process in consider the proposed guidelines, reflect any changes, which is consistent which a manufacturer may bring a claim published in the Federal Register, a with customary business practice.’’ against an entity for drug diversion or sufficient statement of Department Comment: The contract agreement duplicate discounting. See Dispute guidelines to allow manufacturers to should restrict pharmacy services to Resolution, 59 FR 30023. If the entity (or proceed with an entity audit. Second, only those patients who receive their its contractor) is found to have violated the Department has developed a dispute medical care from the covered entity. such prohibitions, the entity is required resolution process to provide parties Response: Provision (g) of the by 340B(a)(5)(D) to pay the with an informal mechanism to bring guidelines provides that the contractor manufacturer the amount of the discount in dispute, and, pursuant to before the Department allegations of will not resell or transfer a 340B drug behavior that is in violation of 340B. 340B(a)(4), the Department may to an individual who is not a patient of Third, the contract pharmacy guidelines determine that the entity is no longer a the entity. The Department issued provide that if the covered entity or its ‘‘covered entity’’ eligible to access 340B proposed guidelines to define the word contractor is found to have violated the pricing. ‘‘patient’’ in a Federal Register notice 340B prohibition against drug diversion We have added several suggested on August 3, 1995. See 60 FR 39762. (and duplicate discounting), the covered contract provisions that are consistent Provision (2) of the definition provides entity could be removed from the list of with normal business practices to the that an individual is a patient of a covered entities and could no longer guidelines (Appendix) to provide covered entity if, among other access 340B pricing. further technical assistance in this area. Comment: The covered entity should requirements, the ‘‘individual receives One provision concerning potential establish a process for a quarterly health care services from a health care discrepancies in ordering and shipping reconciliation of its prescribing records professional who is either employed by states, ‘‘the pharmacy will compare all with the contractor’s inventory and the covered entity or provides health shipments received to the orders and dispensing records to provide for early care under contractual or other inform the covered entity of any detection of diversion and remediation arrangements (e.g., referral for discrepancy within five (5) business of irregularities. consultation) such that the days of receipt.’’ Concerning an Response: We have included a responsibility for the care provided appropriate tracking system to prevent provision that covered entity will remains with the covered entity.’’ drug diversion, another provision states, establish a process for a quarterly Currently, the Department is analyzing ‘‘prior to the pharmacy providing random (sample) comparison of its the comments received in response to pharmacy services pursuant to this prescribing records with the contractor’s that notice and is developing final agreement, the (covered entity) will dispensing records to detect potential guidelines. have the opportunity, upon reasonable irregularities. It must be noted that the covered notice and during business hours, to Comment: The covered entity should entity is responsible for any diversion of examine the tracking system and may establish prior authorization protocol, its drugs to ineligible individuals; require (the pharmacy) to make any assuring that the individual’s status as therefore, it must make every effort to modifications to such system as the a patient of the entity is confirmed by thoroughly scrutinize the contractor’s (covered entity) may, in its sole the entity in advance of product dispensing records, to determine if the discretion, require. Such a system may dispensing. 340B drugs were dispensed to only include sample quarterly comparisons Response: The contractor should have eligible recipients. If a manufacturer of eligible patient prescriptions to the some type of assurance that the patient believes that a covered entity contractor dispensing records and a six (6) month to whom the contractor is dispensing is diverting 340B drugs to ineligible comparison of 340B drug purchasing the 340B drug is a patient of a covered recipients, the manufacturer should and dispensing records. The (pharmacy) entity participating in the 340B immediately contact the Department will permit the (covered entity) or its Program. To that end, we have added a with this information and submit all duly authorized representatives to have provision to the guidelines stating that supporting documentation so that a reasonable access to (pharmacy’s) the covered entity and the contractor thorough investigation can be initiated. facilities and records during the term of will develop a system to verify patient Comment: PHS should oversee this agreement in order to make periodic eligibility (e.g., eligible patient list or a contractors’ compliance with the checks regarding the efficacy of such validated prescription). Additionally, contracts regarding the 340B prohibition tracking systems. (Pharmacy) agrees to 43554 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices make any and all adjustments to the a separate data system will be used to these records to the manufacturer upon tracking system which (covered entity) verify appropriate dispensing. request. advises are reasonably necessary to Comment: Contract pharmacies are Response: We have added the concept prevent diversion of covered drugs to most likely Medicaid pharmacy of separate records to provision (j) to individuals who are not patients of the providers, while the covered entity assure the availability of these records (covered entity).’’ likely is not. Because State Medicaid in the case of an audit by the Comment: There should be a process programs are unlikely to issue pharmacy manufacturer. However, a manufacturer for excluding from the 340B Program numbers to anyone other than licensed has statutory authority to access these those contractors that are in violation of pharmacies, covered entities that are not entity records by performing an audit; the statute and the guidelines should licensed pharmacies will not be able to therefore, to require the entity to submit explicitly note that the pharmacy bill Medicaid for prescriptions records upon demand would be unduly contractor will be subject to additional dispensed by the contract pharmacies. burdensome. civil or criminal penalties if violation of This task will be completed by the Comment: ODP should establish the guideline involves a violation of contract pharmacy. The mechanism standards for reporting that will ensure State or Federal law. excludes Medicaid drugs; therefore, the consistency of the information and Response: Covered entities which are contract pharmacy must have two approve whatever ‘‘record-keeping’’ found to have violated the prohibitions Medicaid numbers (i.e., 340B exclusion system is used. of section 340B(a)(5) can be excluded package and one to bill Medicaid for its Response: Any reasonable system from the 340B Program, after an regular customers). However, PHS has which will provide an adequate audit appropriate opportunity to be heard. See not required the contract pharmacy to trail will be acceptable. However, Dispute Resolution Guidelines in 59 FR do so. Moreover, neither the pharmacy reporting should be consistent with 30023, June 10, 1994. However, if the nor the State has any incentive to ‘‘make State pharmacy laws and other reporting program finds that the pharmacy arrangements’’ to carry out the statute, mechanisms. As stated earlier in this contractor has violated these statutory since both may gain from inadequate section, sample contract provisions are prohibitions, it cannot bar this enforcement. suggested which describe such records pharmacy from dispensing 340B drugs Response: The mechanism requires and reports (e.g., prescription files, for a covered entity. Nevertheless, the the parties to comply with the velocity reports, and records of ordering program intends to alert any entity prohibition on filling Medicaid and receipt). which submits a certification with this prescriptions with drugs purchased at Comment: Reporting requirements particular pharmacy listed as the contractor as to this pharmacy’s past 340B pricing. Neither the covered entity should include some record or report activities. If the covered entity insists nor the contract pharmacy will bill that assures that only patients of the upon using this pharmacy, the Medicaid for 340B drug reimbursement; covered entity were served. Department will carefully scrutinize its therefore, there will be no need for two Response: Provision (f) provides that activities. An additional provision was Medicaid numbers. The 340B drugs will the contractor will provide the covered added to address the potential for civil not generate Medicaid rebates. entity with reports as deemed or criminal penalties if the contractor Comment: As the owner of the drug, appropriate using normal and violates Federal or State law. the covered entity should be responsible customary business records. Comment: The agreement should for establishing the price for each drug Comment: The agreement should appoint the pharmacy contractor to be sold to a patient of the entity (effectively require that the pharmacy contractor the agent of the covered entity and preventing the contractor from charging maintain separate inventories and discuss the duties to be performed by whatever price it chooses) and assuming separate records for patients of the PHS the agent on behalf of the covered entity full responsibility for such prices under entity contracting for pharmacy and the agent’s rights. the terms of the PHS grant and any services. Response: We believe that the applicable consumer protection laws. Response: The guidelines have been relationship between the covered entity Response: Even though it is clearly changed to include a provision for and the contract pharmacy is one of stated in the guidelines that the covered separate dispensing records for patients agency. However, the form of the entity must purchase the drug (not the of the covered entity. However, the relationship will be dictated by the contractor), which would give to the requirement for a separate inventory of terms of the contract; therefore, it is not covered entity title to and responsibility 340B drugs is unnecessary, because the essential to characterize the relationship for the drug, we have added the covered entity is required to monitor as meeting or not meeting the standards following clarifying language to dispensing and inventory records. In which would serve under applicable provision (a): ‘‘* * * will purchase the addition, these records are also subject law to establish an agency relationship. drug and will assume full responsibility to Department and manufacturer audits. The contract terms address the relative for establishing its price, pursuant to A separate inventory is a wasteful duties of the parties in relation to terms of a PHS grant (if applicable) and concept with respect to time, space and section 340B and diversion and any applicable consumer protection money. Further, it provides little if any duplicate discount concerns that have laws.’’ additional security, as a separate inventory only speaks to what is been raised by the commenters. (6) Records Accordingly, we have concluded that it currently on the shelf and not what is unnecessary to label the relationship Comment: The contractor should should be on the shelf. On the other between the covered entity and the assure that all pertinent reimbursement hand, dispensing and other records will contract pharmacy. accounts and dispensing records accurately indicate use of 340B drugs. Comment: The contract pharmacy is maintained by the contractor for the Comment: The covered entity is fully accountable for maintaining the covered entity are separate from the responsible for making arrangements to security of the PHS inventory. contractor’s own operations and are seek reimbursement from third parties Response: There is no requirement for accessible to the covered entity, PHS, for 340B drugs used in treating patients a separate (physical) inventory for drugs and the manufacturers in the event of an of the entity. If the covered entity purchased at a 340B discount, because audit. The contractor should provide receives a PHS grant, it would lose its Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43555 grant eligibility for failing to make covered entities to contract with more than participating manufacturers) of records that appropriate arrangements. one site and contractor.] directly pertain to the entity’s compliance Response: Since the entity purchases (c) The covered entity health care provider with the drug resale or transfer prohibition will inform the patient of his or her freedom and the prohibition against duplicate the drugs, it has the option of seeking to choose a pharmacy provider. If the patient Medicaid rebates and 340B discounts. See reimbursement from third parties itself does not elect to use the contracted service, section 340B(a)(5). or contracting for this service. However, the patient may obtain the prescription from The contractor will assure that all pertinent to the extent that a covered entity (or its the covered entity and then obtain the drug(s) reimbursement accounts and dispensing contract pharmacy acting on its behalf) from the pharmacy provider of his or her records, maintained by the contractor, will be fails to comply with grant conditions, choice. separate from the contractor’s own operations the entity may be subject to grant When a patient obtains a drug from a retail and will be accessible to the covered entity, pharmacy other than the entity contract the Department, and the manufacturer in the penalties. pharmacy, the manufacturer is not required case of a manufacturer audit. Comment: To the extent that the to offer this drug at 340B pricing. (k) Upon request, a copy of this contract covered entity makes arrangements for (d) The contractor may provide the covered pharmacy service agreement will be provided the pharmacy contractor to submit entity services, other than pharmacy, at the to a participating manufacturer which sells claims for third party reimbursement, option of the covered entity (e.g., home care, covered outpatient drugs to the covered the covered entity should assume full reimbursement services). Regardless of the entity. All confidential propriety information responsibility under State consumer services provided by the contractor, access to may be deleted from the document. 340B pricing will always be restricted to only protection laws, insurance, fraud, and patients of the covered entity. (2) Certification State and Federal health care laws with (e) The contractor and the covered entity Under section 340B, we believe that if respect to any false claims charges or will adhere to all Federal, State, and local a covered entity using contract allegations of consumer or insurance laws and requirements. Additionally, all PHS pharmacy services requests to purchase grantees will adhere to all rules and fraud. a covered drug from a participating Response: The ODP is not authorized regulations established by the grant funding office. manufacturer, the statute directs the to enforce or interpret such laws. If we Both the covered entity and the contract manufacturer to sell the drug at the become aware of possible violations of pharmacy are aware of the potential for civil discounted price. If the entity directs such laws, we will refer these cases to or criminal penalties if the covered entity the drug shipment to its contract appropriate authorities. and/or the contract pharmacy violate Federal pharmacy, we see no basis on which to or State law. [The Department reserves the (C) Contract Pharmacy Services conclude that section 340B precludes right to take such action as may be this type of transaction or otherwise Revised Final Mechanism appropriate if it determines that such a exempts the manufacturer from Covered entities that wish to utilize violation has occurred.] (f) The contractor will provide the covered statutory compliance. However, the contract pharmacy services to dispense entity with reports consistent with customary entity must comply, under any section 340B outpatient drugs are business practices (e.g., quarterly billing distribution mechanism, with the encouraged to sign and have in effect a statements, status reports of collections and statutory prohibition on drug diversion contract pharmacy service agreement receiving and dispensing records). See and duplicating discounting. between the covered entity and the Section 2 of Appendix. To provide ODP and manufacturers pharmacy. This mechanism is designed (g) The contractor, with the assistance of with assurance that the covered entity to facilitate program participation for the covered entity, will establish and has acted in a manner which limits the those eligible covered entities that do maintain a tracking system suitable to prevent diversion of section 340B discounted potential for drug diversion, the covered not have access to appropriate ‘‘in- drugs to individuals who are not patients of entity is encouraged to submit to ODP house’’ pharmacy services. See the covered entity. Customary business a certification that it has signed and has Appendix for suggested contract records may be used for this purpose. The in effect an agreement with the contract provisions. covered entity will establish a process for a pharmacy containing the (1) The following is a suggested model periodic random (sample) comparison of its aforementioned provisions. However, agreement format: prescribing records with the contractor’s ODP will review any alternative dispensing records to detect potential mechanism which is designed to reduce (a) The covered entity will purchase the irregularities. See Section 3 of Appendix. drug and assume responsibility for (h) The covered entity and the contract the potential for drug diversion. The establishing its price, pursuant to the terms pharmacy will develop a system to verify names of those covered entities which of a PHS grant (if applicable) and any patient eligibility. [The Department’s draft submit a certification, or an alternate applicable consumer protection laws. guidance defining covered entity ‘‘patient’’ is mechanism approved by ODP, will be A ‘‘ship to, bill to’’ procedure may be used set forth in an August 3, l995, Federal placed on the EDRS for the convenience in which the covered entity purchases the Register notice. See 60 FR 39762.] of participating drug manufacturers. drug, the manufacturer bills the entity for the Both parties agree that they will not resell drug that it purchased, but ships the drug or transfer a drug purchased at section 340B (3) Anti-kickback Statute directly to the contract pharmacy. See section pricing to an individual who is not a patient 1 of Appendix. Contractors and covered entities must of the covered entity. See section be aware of the potential for civil or (b) The contractor will provide all 340B(a)(5)(B). The covered entity pharmacy services (e.g., dispensing, record understands that it can be removed from the criminal penalties if the contractor keeping, drug utilization review, formulary list of covered entities because of its violates Federal or State law. In maintenance, patient profile, counseling). participation in drug diversion, a 340B(a)(5) negotiating and executing a contracted Each covered entity which purchases its prohibition, and no longer be eligible for pharmacy service agreement pursuant to covered outpatient drugs has the option of 340B pricing. See Section 4 of Appendix. these guidelines, contractors and individually contracting for pharmacy (i) Both parties will not use drugs covered entities should be aware of and services with the pharmacy of its choice. The purchased under section 340B to dispense take into consideration the provisions of limitation of one pharmacy contractor per Medicaid prescriptions, unless the contract the Medicare and Medicaid anti- entity does not preclude the selection of a pharmacy and the State Medicaid agency pharmacy contractor with multiple pharmacy have established an arrangement to prevent kickback statute, 42 U.S.C. 1320a–7b(b). sites, as long as only one site is used for the duplicate discounting. This statute makes it a felony for a contracted services. [The ODP will be (j) Both parties understand that they are person or entity to knowingly and evaluating the feasibility of permitting these subject to audits (by the Department and willfully offer, pay, solicit, or receive 43556 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices remuneration with the intent to induce, at 42 CFR 1001.952. Each of the safe affiliated with the covered entity; or (b) or in return for the referral of, Medicare harbors sets forth various requirements receipt of a prescription ordered by or a State health care program business. which may be met in order for a person telephone on behalf of an eligible State health care programs are or entity to be immune from prosecution patient by a legally qualified health care Medicaid, the Maternal and Child or exclusion. provider affiliated with the covered Health Block Grant program, and the entity who states that the prescription is (D) Appendix—Suggested Contract Social Services Block Grant program. for an eligible patient. The covered Provisions Apart from the criminal penalties, a entity will furnish a list to the pharmacy person or entity is also subject to (1) ‘‘The covered entity will order of all such qualified health care exclusion from participation in the covered drugs directly from the providers and will update the list of Medicare and State health care manufacturer, from a designated sales providers to reflect any changes. If a programs for a knowing and willful representative, or a drug wholesaler and contract pharmacy is found to have violation of the statute pursuant to 42 arrange to be billed directly for such violated the drug diversion prohibition, U.S.C. 1320a–7(b)(7). drugs. The covered entity will arrange the pharmacy will pay the entity the The anti-kickback statute is very for shipment of such drugs directly to amount of the discount in question so broad. Prohibited conduct covers not the pharmacy. The pharmacy will that the entity can reimburse the only remuneration intended to induce compare all shipments received to the manufacturer.’’ orders and inform the covered entity of referrals of patients, but also includes Dated: August 14, 1996. remuneration intended to induce the any discrepancy within five (5) business Thomas G. Morford, purchasing, leasing, ordering, or days of receipt. The covered entity will arranging for any good, facility, service, make timely payments for such drugs Acting Administrator, Health Resources and Services Administration. or item paid for by Medicare or a State delivered to the (pharmacy) pursuant to health care program. The statute the entity’s order.’’ [FR Doc. 96–21485 Filed 8–22–96; 8:45 am] specifically identifies kickbacks, bribes, (2) ‘‘The covered entity will verify, BILLING CODE 4160±15±P and rebates as illegal remuneration, but using the contractor’s (readily retrievable) customary business records, also covers the transferring of anything National Institutes of Health of value in any form or manner that a tracking system exists which will whatsoever. This illegal remuneration ensure that drugs purchased under the National Heart, Lung, and Blood may be furnished directly or indirectly, Act are not diverted to individuals who Institute; Proposed Collection; overtly or covertly, in cash or in kind are not patients of the covered entity. Comment Request the Framingham and covers situations where there is no Such records can include: prescription Study direct payment at all, but merely a files, velocity reports, and records of discount or other reduction in price or ordering and receipt. These records will SUMMARY: In compliance with the the offering of a free good(s). be maintained for the period of time requirement of Section 3506(c)(2)(A) of Arrangements between contractors required by State law and regulations.’’ the Paperwork Reduction Act of 1995 and covered entities that could violate (3) ‘‘Prior to the pharmacy providing for opportunity for public comment on the anti-kickback statute would include pharmacy services pursuant to this the proposed data collection projects, any situation where the covered entity agreement, the covered entity will have the National Heart, Lung, and Blood agrees to refer patients to the contractor the opportunity, upon reasonable notice Institute (NHLBI), the National in return for the contractor agreeing to and during business hours, to examine Institutes of Health (NIH) will publish undertake or furnish certain activities or the tracking system. For example, such periodic summaries of proposed services to the covered entity at no a tracking system may include quarterly projects to be submitted to the Office of charge or at a reduced or below cost sample comparisons of eligible patient Management and Budget (OMB) for charge. These activities or services prescriptions to the dispensing records review and approval. would include the provision of and a six (6) month comparison of 340B PROPOSED COLLECTION: Title: The contracted pharmacy services, home drug purchasing and dispensing records Framingham Study. Type of Information care services, money or grants for staff as is routinely done in other Collection Request: Extension of a or service support, or medical reconciliation procedures. The currently approved collection (OMB No. equipment or supplies, and the pharmacy will permit the covered entity 0925–0216). Need and Use of remodeling of the covered entity’s or its duly authorized representatives to Information Collection: This project premises. For example, if a contractor have reasonable access to pharmacy’s involves physical examination and agreed to furnish covered outpatient facilities and records during the term of testing of the surviving members of the drugs in return for the covered entity this agreement in order to make periodic original Framingham Study cohort and referring its Medicaid patients to the checks regarding the efficacy of such the surviving members of the offspring contractor to have their prescriptions tracking systems. The pharmacy agrees cohort. Investigators will contact filled, the arrangement would violate to make any and all adjustments to the doctors, hospitals, and nursing homes to the anti-kickback statute. Similarly, if tracking system which covered entity ascertain participants’ cardiovascular the contractor agreed to provide billing advises are reasonably necessary to events occurring outside the study services for the covered entity at no prevent diversion of covered drugs to clinic. Information gathered will be charge in return for the covered entity individuals who are not patients of the used to further describe the risk factors, referring its patients to the contractor for covered entity.’’ occurrence rates, and consequences of home or durable medical equipment, (4) ‘‘The pharmacy will dispense cardiovascular disease in middle aged the statute would be violated. covered drugs only in the following and older men and women. Frequency Pursuant to the authority in 42 U.S.C. circumstances: (a) Upon presentation of of Response: The cohort participants 1320a–7b(b)(3), the Secretary of HHS a prescription bearing the covered respond every two years; the offspring has published regulations setting forth entity’s name, the eligible patient’s participants respond every four years. certain exceptions to the anti-kickback name, a designation that the patient is Affected Public: Individuals or statute, commonly referred to as ‘‘safe an eligible patient, and the signature of households; Businesses or other for harbors.’’ These regulations are codified a legally qualified health care provider profit; Small businesses or Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43557 organizations. Type of Respondents: homes. The annual reporting burden is Middle aged and elderly adults; doctors as follows: and staff of hospitals and nursing

Estimated Estimated Estimated number of Average total annual Type of respondents number of responses burden burden respondents per re- hours per hours re- spondent response quested

Original cohort examined in clinic ...... 192 1.0 1.9 365 Original cohort examined in residence ...... 121 1.0 1.2 145 Offspring examined in clinic ...... 1,157 1.0 3.9 4,512 Offspring examined in residence ...... 20 1.0 1.5 30 1 Event information ...... 1,887 1.0 0.75 1,415

Total ...... 6,467 1 Annual burden is placed on doctors, hospitals, nursing homes, and respondent relatives/informants through requests for information which will help in the compilation of the number and nature of new fatal and nonfatal events occurring outside the Framingham examining clinic.

The cost to the respondents consists having their full effect if received on or Dated: August 13, 1996. of their time and travel; time is before October 22, 1996. Susan K. Feldman, estimated using a rate of $10.00 per Dated: August 14, 1996. Committee Management Officer, NIH. hour and travel is estimated using a cost Sheila Merritt, [FR Doc. 96–21534 Filed 8–22–96; 8:45 am] of $0.35 per mile. The annualized cost Executive Officer, NHLBI. BILLING CODE 4140±01±M to respondents is estimated at: $19,622. [FR Doc. 96–21535 Filed 8–22–96; 8:45 am] The Capital Costs are $5,698. The BILLING CODE 4140±01±M Operating and Maintenance Costs are DEPARTMENT OF HOUSING AND $2,914,926. URBAN DEVELOPMENT REQUEST FOR COMMENTS: Written National Institute on Aging; Notice of [Docket No. FR±4120±N±02] comments and/or suggestions from the Closed Meeting public and affected agencies are invited Office of Administration; Notice of on one or more of the following points: Pursuant to Section 10(d) of the Submission of Proposed Information (1) Whether the proposed collection of Federal Advisory Committee Act, as Collection to OMB information is necessary for the proper amended (5 U.S.C. Appendix 2), notice AGENCY: performance of the functions of the is hereby given of the following Office of Administration— HUD. agency, including whether the meeting: information shall have practical utility; ACTION: Notice. Name of Panel: National Institute on Aging (2) The accuracy of the agency’s Special Emphasis Panel (Teleconference SUMMARY: The proposed information estimate of the burden of the proposed Call). collection requirement described below collection of information, including the Date of Meeting: September 10, 1996. has been submitted to the Office of validity of the methodology and Times of Meeting: 1:00 to 3:30 p.m. Management and Budget (OMB) for assumptions used: (3) Ways to enhance Place of Meeting: Gateway Building, 7201 emergency review and approval, as the quality, utility, and clarity of the Wisconsin Avenue, Bethesda, MD 20814. required by the Paperwork Reduction information to be collected; and (4) Purpose/Agenda: To review three Act. The Department is soliciting public Ways to minimize the burden of the institutional training grants. comments on the subject proposal. collection of information on those who Contact Person: Arthur D. Schaerdel, DVM. DATES: The due date for comments is: are to respond, including the use of Scientific Review Administrator, Gateway August 30, 1996. appropriate automated, electronic, Building, Room 2C212, National Institutes of ADDRESSES: Interested persons are mechanical, or other technological Health, Bethesda, Maryland 20892–9205, invited to submit comments regarding collection techniques or other forms of (301) 496–9666. this proposal. Comments must be information technology. This notice is being published less than 15 received within seven (7) days from the days prior to the above meeting due to the FOR FURTHER INFORMATION: To request date of this Notice. Comments should urgent need to meet timing limitation more information on the proposed refer to the proposal by name and imposed by the review and funding cycle. project, to obtain a copy of the data The meeting will be closed in accordance should be sent to: Joseph F. Lackey, Jr., collection plans and instruments, or to with the provisions set forth in § 552b(c)(4) HUD Desk Officer, Office of submit comments, contact Ms. and 552b(c)(6), title 5, U.S.C. Applications Management and Budget, New Mishyelle Croom, Project Clearance and/or proposals and the discussions could Executive Office Building, Washington, Liaison, National Heart, Lung, and reveal confidential trade secrets or DC 20503. Blood Institute, NIH, Building 31, Room commercial property such as patentable FOR FURTHER INFORMATION CONTACT: Kay 4A28, MSC 2490, 31 Center Dr., material and personal information F. Weaver, Reports Management Officer, Bethesda, MD 20892–2490 or call non- concerning individuals associated with the Department of Housing and Urban toll free number (310) 496–1763, or E- applications and/or proposals, the disclosure Development, 451 Seventh Street, SW., mail your request or comments, of which would constitute a clearly Washington, DC 20410, telephone (202) including your address, to: unwarranted invasion of personal privacy. 708–0050. This is not a toll-free number. [email protected]. (Catalog of Federal Domestic Assistance Copies of available documents Comments due Date: Comments regarding Program No. 93.866, Aging Research, submitted to OMB may be obtained this information collect are best assured of National Institutes of Health) from Ms. Weaver. 43558 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

SUPPLEMENTARY INFORMATION: This be required to be converted based on the the Plan announced by this Notice is Notice informs the public that the standards, completed the comparison of provided for in 43 CFR 11.32(c). Department of Housing and Urban housing costs, and the viability and Interested members of the public are Development (HUD) has submitted to removal plan as defined in Section 202. invited to review and comment on the OMB, for emergency processing, an Plan. Copies of the Plan can be (4) Description of the Likely information collection package with requested from the address listed below. Respondents, and Proposed Frequency respect to the proposed ‘‘Conversion of All written comments will be of the Response to the Collection of Certain Public Housing to Tenant-Based considered by the trustees and included Information Section 8 Vouchers and Certificates’’. in the Report of Assessment, at the Section 202 of the Omnibus Respondents will be PHAs. conclusion of the assessment process. Consolidated Rescissions and The estimated number of respondents DATES: Written comments on the Plan Appropriations Act of 1996 (Pub. L. is 120. The proposed frequency of the must be submitted on or before 104–134, approved April 26, 1996) response to the collection of information September 23, 1996. (‘‘OCRA’’) requires Public Housing is one-time. ADDRESSES: Requests for copies of the Agencies (PHAs) to identify certain (5) Estimate of the Total Reporting and Plan may be made to: Frank Horvath, distressed public housing developments Recordkeeping Burden That Will Result U.S. Fish and Wildlife Service, Region that will be required to be converted so From the Collection of Information 3 (ATTN: ES/EC–NRDA), B.H.W. that their households in occupancy can Whipple Federal Building, 1 Federal be given tenant-based assistance or Reporting Burden: Drive, Ft. Snelling, MN 55111. relocated into other project-based Number of respondents: 50. Comments on the Plan should be sent housing (that can include other public Total burden hours: 21,645 (@433 to the U.S. Fish and Wildlife Service at housing units). After residents are hours per response) the address listed above. The U.S. Fish Total Estimated Burden Hours: and Wildlife Service will provide copies relocated, the developments will be llll removed from the public housing of all comments to the other trustees. inventory. These developments must be Authority: Section 3507 of the Paperwork SUPPLEMENTARY INFORMATION: The removed from the public housing Reduction Act of 1995, 44 U.S.C. Chapter 35, trustees are undertaking an assessment inventory within five years, or up to ten as amended. of damages resulting from the suspected years where HUD extends the deadline Dated: August 8, 1996. injury to natural resources of the Lower because five years is impracticable. David S. Cristy, Fox River, Green Bay and Lake Plans to do so must be developed in Director, IRM Policy and Management Michigan which have been exposed to consultation with affected public Division. hazardous substances released by area housing residents and the local [FR Doc. 96–21513 Filed 8–22–96; 8:45 am] paper mills and other potential sources. government containing the public BILLING CODE 4210±01±M It is suspected that this exposure has housing. caused injury and resultant damages to The Department has submitted the trustee resources. The injury and proposal for the collection of DEPARTMENT OF THE INTERIOR resultant damages will be assessed information to OMB for review, as under the Comprehensive required by the Paperwork Reduction Fish and Wildlife Service Environmental Response, Act (44 U.S.C. Chapter 35). The Compensation, and Liability Act, as Department has requested emergency Notice of Availability of the amended, and the Clean Water Act, as clearance of the collection of Assessment Plan: Lower Fox River/ amended. The Plan addresses the information, as described below, with Green Bay Natural Resource Damage trustees’ overall assessment approach approval being sought by August 28, Assessment and utilizes existing data. Plan addenda 1996: may be prepared by the trustees to AGENCY: Fish and Wildlife Service, provide public notice of additional data (1) Title of the Information Collection Interior. collection activities. Proposal ACTION: Notice of 30 day comment William F. Hartwig, period. Standards, Viability and Removal Regional Director, Region 3, U.S. Fish and Plan for Conversion of Certain Public SUMMARY: Notice is given that the Wildlife Service. Housing to Tenant-Based Section 8 document titled ‘‘Assessment Plan: [FR Doc. 96–21520 Filed 8–22–96; 8:45 am] Vouchers and Certificates. Lower Fox River/Green Bay NRDA’’ BILLING CODE 4310±55±M (2) Summary of the Collection of (‘‘The Plan’’) will be available for public Information review and comment on the date of Bureau of Land Management Each respondent would be required to publication in the Federal Register. The submit the following information: U.S. Department of the Interior, The [MT±060±1020±00] 1. Determine developments that fall Menominee Indian Tribe of Wisconsin, Notice of Meeting within contiguity, size, and vacancy and the Oneida Tribe of Indians of standards. Wisconsin (‘‘trustees’’) are trustees for AGENCY: Bureau of Land Management, 2. Comparison of Section 8 costs and natural resources considered in this Lewistown District Office, Interior. assessment, pursuant to subpart G of the current public housing costs. ACTION: Notice of meeting. 3. Viability Plan. National Oil and Hazardous Substances 4. Removal Plan. Pollution Contingency Plan, 40 CFR SUMMARY: The Lewistown District 5. Annual Review. 300.600 and 300.610, and Executive Resource Advisory Council will meet Order 12580. September 24 and 25, 1996, at the First (3) Description of the Need for the The trustees are following the State Bank, 1st South and 1st East, in Information and Its Proposed Use guidance of the Natural Resource Malta, Montana. To determine that PHAs have Damage Assessment Regulations found The September 24 portion of the identified those developments that will at 43 CFR Part 11. The public review of session will begin at 9 a.m. with a tour Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43559 of the Zortman Mine in the Little Rocky DATES: This designation will be in effect Conservation (DNRC) regulations. There Mountains. The RAC will also tour between September 1, 1996 and are four areas where these rules differ several ACEC nominations in the Little December 1. from those used in the rest of this area. Rocky Mountains. At 1:30 p.m. the FOR FURTHER INFORMATION CONTACT: These include: 1) A DNRC recreational group will tour a portion of the south Chuck Otto, Judith Resource Area use license is required for general Phillips County prairie dog ecosystem Manager, Bureau of Land Management, recreational use; 2) Camping is allowed and various waterfowl improvements in P.O. Box 1160, Airport Road, within 200 feet of an open road and is the area. The council should return to Lewistown, MT 59457. limited to two days only; 3) No open Malta around 5 p.m. SUPPLEMENTARY INFORMATION: This block fires or fireworks are allowed; and 4) The September 25 portion of the management area includes 45,440 acres. Horses cannot be kept on DNRC lands session will begin at 7:30 a.m. At 7:45 The public land is administered by the overnight. a.m. the council will hear a presentation BLM, Judith Resource Area, Lewistown 8. Outfitters and other recreationists from the U.S. Forest Service concerning District. This designation is the result of must use certified weed free hay on its recently released Oil and Gas Leasing BLM and DNRC land for their livestock. EIS; then discuss oil and gas leasing on analysis completed in the Judith, Valley, Phillips Resource Management Plan of Dated: August 13, 1996. BLM land along the Rocky Mountain David L. Mari, Front. There will also be presentations 1994, and will be implemented as a District Manager. concerning the Bitter Creek WSA, the cooperative effort among private proposed Little Rocky Mountain landowners; Montana Fish, Wildlife and [FR Doc. 96–21542 Filed 8–22–96; 8:45 am] subgroup, riparian management, Parks; Montana Department of Natural BILLING CODE 4310±DN±M guidelines for establishing watershed Resources and Conservation; and the BLM. The purpose of this designation is subgroups, the Mixed Grass Prairie [NV±943±1430±00; N±61021] ACEC, and standards and guidelines. to prevent damage to soil, vegetation There will be a public comment and scenic resources; to open additional Notice of Realty Action: Lease/ period at 11:30 a.m. during the private and state lands for hunting; and Conveyance for Recreation and Public September 25 meeting. to reduce landowner/recreationist Purposes conflicts so as to provide a higher DATES: September 24 and 25, 1996. quality hunt. AGENCY: Bureau of Land Management, LOCATION: First State Bank, 1st South The off-road vehicle limitation area is Interior. and 1st East, in Malta, Mt. located in northern Petroleum and ACTION: Recreation and Public Purpose FOR FURTHER INFORMATION CONTACT: Fergus Counties, Montana. Lease/conveyance. District Manager, Lewistown District Hunting within the described block Office, Bureau of Land Management, will be subject to the following rules. SUMMARY: The following described P.O. Box 1160, Airport Road, 1. All off-road vehicle travel is public land in Las Vegas, Clark County, Lewistown, MT 59457. prohibited. Nevada has been examined and found SUPPLEMENTARY INFORMATION: The 2. All roads not shown on the block suitable for lease/conveyance for meeting is open to the public and there management area map or signed as recreational or public purposes under will be a public comment period as open, are closed to motorized vehicles the provisions of the Recreation and detailed above. with the exclusive exception of Public Purposes Act, as amended (43 Dated: August 13, 1996. retrieving downed big game. Big game U.S.C. 869 et seq.). Clark County David L. Mari, retrieval is allowed between 10 a.m. and proposes to use the land for a satellite District Manager. 2 p.m. daily on open or closed roads. government center. [FR Doc. 96–21543 Filed 8–22–96; 8:45 am] Prior to or after these hours, motorized Mount Diablo Meridian, Nevada vehicles are not permitted on closed BILLING CODE 4310±DN±M roads or off roads. No off-road vehicle T. 22 S., R. 61 E., Sec. 7, E2SE. use will be allowed on any lands within [MT±060±06±1020±00] this area. Containing 80.00 acres, more or less. 3. All public land in this management The land is not required for any Montana Off-Road Vehicle area is open to walk-in hunting. federal purpose. The lease/conveyance Designation; Notice to Limit Off-Road 4. The private land in this is consistent with current Bureau Vehicle Use on Public Lands management area is open to walk-in planning for this area and would be in AGENCY: Department of the Interior, hunting, except around residential areas the public interest. The lease/patent, Bureau of Land Management. and shipping pastures (these are when issued, will be subject to the ACTION: Notice to Limit Off-Road individually signed at reasonable access provisions of the Recreation and Public Vehicle Use on Public Lands. and boundary points). Purposes Act and applicable regulations 5. Camping on private land requires of the Secretary of the Interior, and will SUMMARY: Notice is hereby given that landowner permission. contain the following reservations to the beginning September 1, 1996, the use of 6. Camping is permitted on public United States: off-road vehicles (ORV) is limited on land (14-day stay limit) within 100 1. A right-of-way thereon for ditches public lands within the Sand Creek/ yards of open roads. Direct access by or canals constructed by the authority of Carroll Coulee Block Management Area motor vehicle is permitted to and from the United States, Act of August 30, in northern Petroleum County, campsites using the most direct route to 1890 (43 U.S.C. 945). Montana. This will be in effect during avoid damage to soils and vegetation. 2. All minerals shall be reserved to the bird and big game hunting season as Such camping is also allowed within a the United States, together with the established by the Montana Fish, reasonable distance down closed roads, right to prospect for, mine and remove Wildlife and Parks Commission in after obtaining a special use permit such deposits from the same under accordance with the authority and issued by the Judith Resource Area. applicable law and such regulations as requirements of regulation 43 CFR 7. Use of state land is governed by the the Secretary of the Interior may 8364.1. Department of Natural Resources and prescribe. 43560 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices and will be subject to: INTERNATIONAL TRADE international trade. The ARO provides 1. Easements in favor of Clark County COMMISSION that technical work to those ends will be undertaken by the Customs Cooperation for roads, public utilities, and flood [Investigation No. 332±360] control purposes. Council (CCC) (now informally known as the World Customs Organization or 2. All valid existing rights. International Harmonization of Customs Rules of Origin WCO), which must report on specified Detailed information concerning this matters relating to such rules for further action is available for review at the AGENCY: United States International action by parties to the ARO. office of the Bureau of Land Trade Commission. Eventually, the WTO Ministerial Management, Las Vegas District, 4765 ACTION: Request for public comment on Conference is to ‘‘establish the results of Vegas Drive, Las Vegas, Nevada 89108. draft proposals for chapters 28–40 and the harmonization work program in an chapter 91. annex as an integral part’’ of the ARO. Upon publication of this notice in the In order to carry out the work, the Federal Register, the above described EFFECTIVE DATE: August 13, 1996. ARO calls for the establishment of a land will be segregated from all other FOR FURTHER INFORMATION CONTACT: Committee on Rules of Origin of the forms of appropriation under the public Eugene A. Rosengarden, Director, Office WTO and a Technical Committee on land laws, including the general mining of Tariff Affairs and Trade Agreements Rules of Origin (TCRO) of the CCC. laws, except for lease/conveyance under (O/TA&TA) (202–205–2595); or for These Committees bear the primary the Recreation and Public Purposes Act, chapters 28–29 David Michels (202– responsibility for developing rules that leasing under the mineral leasing laws 205–3352), chapters 30–40 Edward achieve the objectives of the ARO. and disposals under the mineral Matusik (202–205–3356), chapter 91 A major component of the work material disposal laws. For a period of Craig Houser (202–205–2597). program is the harmonization of origin 45 days from the date of publication of Parties having an interest in particular rules for the purpose of providing more this notice in the Federal Register, products or HTS chapters and desiring certainty in the conduct of world trade. interested parties may submit comments to be included on a mailing list to To this end, the agreement contemplates regarding the proposed lease/ receive available documents pertaining a 3-year CCC program, to be initiated as conveyance for classification of the thereto should advise Diane Whitfield soon as possible after the entry into lands to the District Manager, Las Vegas by phone (202–205–2610) or by mail at force of the Agreement Establishing the District, 4765 Vegas Dr, Las Vegas, the Commission, 500 E St SW, Room WTO. Under the ARO, the TCRO is to Nevada 89108. 404, Washington, D.C. 20436. Hearing undertake (1) to develop harmonized impaired persons are advised that definitions of goods considered wholly CLASSIFICATION COMMENTS: Interested information on this matter can be obtained in one country, and of minimal parties may submit comments involving obtained by contacting the processes or operations deemed not to the suitability of the land for a satellite Commission’s TDD terminal on 202– confer origin, (2) to consider the use of government center. Comments on the 205–1810. The media should contact change in Harmonized System classification are restricted to whether Margaret O’Laughlin, Director, Public classification as a means of reflecting the land is physically suited for the Affairs Officer (202–205–1819). substantial transformation, and (3) for proposal, whether the use will Background those products or sectors where a maximize the future use or uses of the Following receipt of a letter from the change of tariff classification does not land, whether the use is consistent with allow for the reflection of substantial local planning and zoning, or if the use United States Trade Representative (USTR) on January 25, 1995, the transformation, to develop is consistent with State and Federal Commission instituted Investigation No. supplementary or exclusive origin programs. 332–360, International Harmonization criteria based on value, manufacturing APPLICATION COMMENTS: Interested of Customs Rules of Origin, under or processing operations or on other parties may submit comments regarding section 332(g) of the Tariff Act of 1930 standards. the specific use proposed in the (60 FR 19605, April 19, 1995). To assist in the Commission’s participation in work under the application and plan of development, The investigation is intended to Agreement on Rules of Origin (ARO), whether the BLM followed proper provide the basis for Commission the Commission is making available for administrative procedures in reaching participation in work pertaining to the Uruguay Round Agreement on Rules of public comment draft proposed rules for the decision, or any other factor not goods of: directly related to the suitability of the Origin (ARO), under the General land for a satellite government center. Agreement on Tariffs and Trade (GATT) Chapter 28—Inorganic chemicals; 1994 and adopted along with the organic or inorganic compounds of Any adverse comments will be Agreement Establishing the World precious metals, of rare-earth metals, reviewed by the State Director. In the Trade Organization (WTO). of radioactive elements or isotopes absence of any adverse comments, the The ARO is designed to harmonize Chapter 29—Organic chemicals classification of the land described in and clarify nonpreferential rules of Chapter 30—Pharmaceutical products this Notice will become effective 60 origin for goods in trade on the basis of Chapter 31—Fertilizers days from the date of publication in the the substantial transformation test; Chapter 32—Tanning or dyeing extracts; Federal Register. The lands will not be achieve discipline in the rules’ tannins and their derivatives; dyes, offered for lease/conveyance until after administration; and provide a pigments, and other coloring matter; the classification becomes effective. framework for notification, review, paints and varnishes; putty and other Dated: August 15, 1996. consultation, and dispute settlement. mastics; inks These harmonized rules are intended to Chapter 33—Essential oils and Michael F. Dwyer, make country-of-origin determinations resinoids; perfumery, cosmetic and District Manager, Las Vegas, NV. impartial, predictable, transparent, toilet preparations [FR Doc. 96–21504 Filed 8–22–96; 8:45 am] consistent, and neutral, and to avoid Chapter 34—Soap, organic suface-active BILLING CODE 4310±HC±P restrictive or distortive effects on agents, washing preparations, Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43561

lubricating preparations, artificial the proposals should not be cited as Issued: August 19, 1996. waxes, prepared waxes, polishing or authority for the application of current By order of the Commission. scouring preparations, candles and domestic law. Donna Koehnke, similar articles, modelling pastes, If eventually adopted by the TCRO for Secretary. ‘‘dental waxes’’ and dental submission to the Committee on Rules [FR Doc. 96–21523 Filed 8–22–96; 8:45 am] preparations with a basis of plaster of Origin of the World Trade BILLING CODE 7020±02±P Chapter 35—Albuminoidal substances; Organization, these proposals would modified starches; glues; enzymes comprise an important element of the Chapter 36—Explosives; pyrotechnic ARO work program to develop DEPARTMENT OF JUSTICE products; matches; pyrophoric alloys; harmonized, non-preferential country of certain combustible preparations origin rules, as discussed in the Immigration and Naturalization Service Chapter 37—Photographic or Commission’s earlier notice. Thus, in cinematographic goods (i.e., films, view of the importance of these rules, Agency Information Collection papers and similar photosensitive the Commission seeks to ascertain the Activities: Extension of Currently goods, but not photographic views of interested parties concerning Approved Collection; Comment equipment) the extent to which the proposed rules Request Chapter 38—Miscellaneous chemical reflect the standard of substantial products transformation provided in the ACTION: Notice of information collection Chapter 39—Plastics and articles thereof Agreement. In addition, comments are under review; application for waiver of Chapter 40—Rubber and articles thereof also invited on the format of the ground of excludability. proposed rules and whether it is Chapter 91—Clocks and watches and The proposed information collection parts thereof preferable to another presentation, such as the format for the presentation of the is published to obtain comments from of the Harmonized System that are not NAFTA origin or marking rules. the public and affected agencies. considered to be wholly made in a Forthcoming Commission notices will Comments are encouraged and will be single country. The rules rely largely on advise the public on the progress of the accepted for ‘‘sixty days’’ from the date the change of heading as a basis for TCRO’s work and will contain any listed at the top of this page in the ascribing origin. harmonized definitions or rules that Federal Register. Copies of the proposed revised rules have been provisionally or finally Request written comments and will be available from the Office of the adopted. suggestions from the public and affected Secretary at the Commission, from the agencies concerning the proposed Commission’s Internet web server Written Submissions collection of information. Your (http://www.usitc.gov), or by submitting Interested persons are invited to comments should address one or more a request on the Office of Tariff Affairs submit written statements concerning of the following four points: and Trade Agreements voice messaging this phase of the Commission’s (1) Evaluate whether the proposed system, 202–205–2592 or by FAX at investigation. Written statements should collection of information is necessary 202–205–2616. be submitted as quickly as possible, and for the proper performance of the These proposals, which have been follow-up statements are permitted; but functions of the agency, including reviewed by interested government all statements must be received at the whether the information will have agencies, are intended to serve as the Commission by the close of business on practical utility; basis for the U.S. proposal to the September 14, 1996, in order to be (2) Evaluate the accuracy of the Technical Committee on Rules of Origin considered. Information supplied to the agencies estimate of the burden of the (TCRO) of the Customs Cooperation Customs Service in statements filed proposed collection of information, Council (CCC) (now known as the pursuant to notices of that agency has including the validity of the World Customs Organization or WCO). been given to us and need not be methodology and assumptions used; The proposals do not necessarily reflect separately provided to the Commission. (3) Enhance the quality, utility, and or restate existing Customs treatment Again, the Commission notes that it is clarity of the information to be with respect to country of origin particularly interested in receiving collected; and applications for all current non- input from the private sector on the (4) Minimize the burden of the preferential purposes. Based upon a effects of the various proposed rules and collection of information on those who decision of the Trade Policy Staff definitions on U.S. exports. Commercial are to respond, including through the Committee, the proposals are intended or financial information which a use of appropriate automated, for future harmonization for the submitter desires the Commission to electronic, mechanical, or other nonpreferential purposes indicated in treat as confidential must be submitted technological collection techniques or the ARO for application on a global on separate sheets of paper, each other forms of information technology, basis. They seek to take into account not marked ‘‘Confidential Business e.g., permitting electronic submission of only U.S. Customs current positions on Information’’ at the top. All submissions responses. substantial transformation but requesting confidential treatment must If you have additional comments, additionally seek to consider the views conform with the requirements of suggestions, or need a copy of the of the business community and § 201.6 of the Commission’s Rules of proposed information collection practices of our major trading partners Practice and Procedure (19 CFR 201.6). instrument with instructions, or as well. As such they represent an All written submissions, except for additional information, please contact attempt at reaching a basis for confidential business information, will Richard A. Sloan 202–616–7600, agreement among the contracting be available for inspection by interested Director, Policy Directives and parties. The proposals may undergo persons. All submissions should be Instructions Branch, Immigration and change as proposals from other addressed to the Office of the Secretary, Naturalization Service, U.S. Department government administrations and the United States International Trade of Justice, Room 5307, 425 I Street, NW., private sector are received and Commission, 500 E Street SW., Washington, DC 20536. Additionally, considered. Under the circumstances, Washington, DC 20436. comments and/or suggestions regarding 43562 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices the item(s) contained in this notice, specify the basic hourly wage rates and contractors and subcontractors to especially regarding the estimated fringe benefits which are determined to laborers and mechanics. public burden and associated response be prevailing for the described classes of Any person, organization, or time may also be directed to Mr. laborers and mechanics employed on governmental agency having an interest Richard A. Sloan. construction projects of a similar in the rates determined as prevailing is Overview of this information character and in the localities specified encouraged to submit wage rate and collection: therein. fringe benefit information for (1) Type of Information Collection: The determinations in these decisions consideration by the Department. Extension of a currently approved of prevailing rates and fringe benefits Further information and self- collection. have been made in accordance with 29 explanatory forms for the purpose of (2) Title of the Form/Collection: CFR Part 1, by authority of the Secretary submitting this data may be obtained by Applciation for Waiver of Ground of of Labor pursuant to the provisions of writing to the U.S. Department of Labor, Excludability. the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, (3) Agency form number, if any, and as amended (46 Stat. 1494, as amended, Wage and Hour Division, Division of the applicable component of the 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution Department of Justice sponsoring the statutes referred to in 29 CFR Part 1, Avenue, N.W., Room S–3014, collection: Form I–601. Office of Appendix, as well as such additional Washington, D.C. 20210. Examinations, Adjudications, statutes as may from time to time be Immigration and Naturalization Service. Modifications to General Wage enacted containing provisions for the Determination Decisions (4) Affected public who will be asked payment of wages determined to be or required to respond, as well as a brief prevailing by the Secretary of Labor in The number of decisions listed in the abstract: Primary: Individuals or accordance with the Davis-Bacon Act. Government Printing Office document Households. The information collected The prevailing rates and fringe benefits entitled ‘‘General Wage Determinations on this form is used by the Immigration determined in these decisions shall, in Issued Under the Davis-Bacon and and Naturalization Service (INS) to accordance with the provisions of the Related Acts’’ being modified are listed determine whether the applicant is foregoing statutes, constitute the by Volume and State. Dates of eligible for a waiver of excludability minimum wages payable on Federal and publication in the Federal Register are under section 212 of the Act. federally assisted construction projects in parentheses following the decisions (5) An estimate of the total number of to laborers and mechanics of the being modified. respondents and the amount of time specified classes engaged on contract Volume I estimated for an average respondent to work of the character and in the respond: 3,000 respondents, at 30 New Jersey localities described therein. NJ960002 (March 15, 1996) minutes (.500) per response. Good cause is hereby found for not (6) An estimate of the total public NJ960003 (March 15, 1996) utilizing notice and public comment NJ960004 (March 15, 1996) burden (in hours) associated with the procedure thereon prior to the issuance NJ960007 (March 15, 1996) collection: 1,500 annual burden hours. of these determinations as prescribed in NJ960015 (March 15, 1996) If additional information is required 5 U.S.C. 553 and not providing for delay Volume II contact: Mr. Robert B. Briggs, Clearance in the effective date as prescribed in that Maryland Officer, United States Department of section, because the necessity to issue Justice, Information Management and MD960037 (March 15, 1996) current construction industry wage Pennsylvania Security Staff, Justice Management determinations frequently and in large Division, Suite 850, Washington Center, PA960001 (March 15, 1996) volume causes procedures to be PA960002 (March 15, 1996) 1001 G Street, NW., Washington, DC impractical and contrary to the public PA960003 (March 15, 1996) 20530. interest. PA960004 (March 15, 1996) Dated: August 20, 1996. General wage determination PA960007 (March 15, 1996) Robert B. Briggs, decisions, and modifications and PA960009 (March 15, 1996) PA960011 (March 15, 1996) Department Clearance Officer, United States supersedeas decisions thereto, contain PA960016 (March 15, 1996) Department of Justice. no expiration dates and are effective PA960017 (March 15, 1996) [FR Doc. 96–21524 Filed 8–22–96; 8:45 am] from their date of notice in the Federal PA960018 (March 15, 1996) BILLING CODE 4410±18±M Register, or on the date written notice PA960019 (March 15, 1996) is received by the agency, whichever is PA960023 (March 15, 1996) earlier. These decisions are to be used PA960024 (March 15, 1996) DEPARTMENT OF LABOR in accordance with the provisions of 29 PA960027 (March 15, 1996) CFR Parts 1 and 5. Accordingly, the PA960029 (March 15, 1996) Employment Standards Administration applicable decision, together with any PA960032 (March 15, 1996) PA960040 (March 15, 1996) modifications issued, must be made a Wage and Hour Division PA960042 (March 15, 1996) part of every contract for performance of PA960052 (March 15, 1996) Minimum Wages for Federal and the described work within the PA960060 (March 15, 1996) Federally Assisted Construction; geographic area indicated as required by PA960062 (March 15, 1996) General Wage Determination Decisions an applicable Federal prevailing wage PA960063 (March 15, 1996) law and 29 CFR Part 5. The wage rates PA960065 (March 15, 1996) General wage determination decisions and fringe benefits, notice of which is Volume III of the Secretary of Labor are issued in published herein, and which are Alabama accordance with applicable law and are contained in the Government Printing AL960044 (March 15, 1996) based on the information obtained by Office (GPO) document entitled Florida the Department of Labor from its study ‘‘General Wage Determinations Issued FL960010 (March 15, 1996) of local wage conditions and data made Under the Davis-Bacon and Related FL960015 (March 15, 1996) available from other sources. They Acts,’’ shall be the minimum paid by FL960072 (March 15, 1996) Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43563

Volume IV Determinations Issued Under The Davis- DATES: Responses to this notice must be Illinois Bacon and Related Acts’’. This received by October 22, 1996. IL960001 (March 15, 1996) publication is available at each of the 50 FOR FURTHER INFORMATION CONTACT: IL960002 (March 15, 1996) Regional Government Depository Ms. Kimberly A. Chasteen, Patent IL960004 (March 15, 1996) Libraries and many of the 1,400 Attorney, Langley Research Center, Mail IL960006 (March 15, 1996) Government Depository Libraries across Code 212, Hampton, VA 23681–0001; IL960007 (March 15, 1996) the country. IL960008 (March 15, 1996) telephone (804) 864–3227. The general wage determinations IL960009 (March 15, 1996) Dated: August 16, 1996. issued under the Davis-Bacon and IL960011 (March 15, 1996) Edward A. Frankle, IL960012 (March 15, 1996) related Acts are available electronically IL960014 (March 15, 1996) by subscription to the FedWorld General Counsel. IL960015 (March 15, 1996) Bulletin Board System of the National [FR Doc. 96–21531 Filed 8–22–96; 8:45 am] IL960016 (March 15, 1996) Technical Information Service (NTIS) of BILLING CODE 7510±01±M IL960017 (March 15, 1996) the U.S. Department of Commerce at IL960020 (March 15, 1996) (703) 487–4630. IL960029 (March 15, 1996) Hard-copy subscription may be NUCLEAR REGULATORY IL960030 (March 15, 1996) COMMISSION IL960035 (March 15, 1996) purchased from: Superintendent of IL960038 (March 15, 1996) Documents, U.S. Government Printing [Docket No.: 040±08948] IL960042 (March 15, 1996) Office, Washington, D.C. 20402, (202) IL960043 (March 15, 1996) 512–1800. Notice of Additional Information for IL960049 (March 15, 1996) When ordering hard-copy Draft Environmental Impact Statement IL960052 (March 15, 1996) subscription(s), be sure to specify the for Shieldalloy Metallurgical IL960054 (March 15, 1996) State(s) of interest, since subscriptions Corporation's Facility in Cambridge, IL960057 (March 15, 1996) may be ordered for any or all of the six OH IL960061 (March 15, 1996) separate volumes, arranged by State. IL960069 (March 15, 1996) Subscriptions include an annual edition SUMMARY: The U.S. Nuclear Regulatory Ohio Commission has issued for public OH960002 (March 15, 1996) (issued in January or February) which OH960029 (March 15, 1996) includes all current general wage comment a draft environmental impact Wisconsin determinations for the States covered by statement (DEIS) related to the WI960008 (March 15, 1996) each volume. Throughout the remainder decommissioning of the Shieldalloy Metallurgical Corporation’s facility in Volume V of the year, regular weekly updates are distributed to subscribers. Cambridge, Ohio. The DEIS reviews and Missouri evaluates the licensee’s proposed MO960007 (March 15, 1996) Signed at Washington, D.C. this 16th day of August 1996. alternative of stabilizing in place two Texas slag piles containing radioactive and TX960023 (March 15, 1996) Philip J. Gloss, TX960040 (March 15, 1996) chemical waste, and several other Chief, Branch of Construction Wage alternatives to this action, including TX960044 (March 15, 1996) Determinations. TX960049 (March 15, 1996) disposal of all of the slag offsite at a [FR Doc. 96–21256 Filed 8–22–96; 8:45 am] TX960065 (March 15, 1996) licensed disposal facility. Shortly after TX960070 (March 15, 1996) BILLING CODE 4510±27±M the DEIS was made available to the TX960071 (March 15, 1996) public for review, NRC received a TX960073 (March 15, 1996) request from Mr. Sherwood Bauman, TX960079 (March 15, 1996) NATIONAL AERONAUTICS AND Chairperson of the Save the Wills Creek TX960091 (March 15, 1996) Water Resources Committee, a local TX960101 (March 15, 1996) SPACE ADMINISTRATION TX960107 (March 15, 1996) environmental group in the Cambridge, TX960116 (March 15, 1996) [Notice 96±099] Ohio area, to consider another alternative. The purpose of this notice is Volume VI Notice of Prospective Patent License to describe the proposed alternative, California and to request public comments on it. CA960004 (March 15, 1996) AGENCY: National Aeronautics and ADDRESSES FOR THE DEIS: A single copy Idaho Space Administration. of the DEIS (NUREG–1543) may be ID960001 (March 15, 1996) ACTION: Notice of prospective patent requested by those considering public ID960002 (March 15, 1996) license. North Dakota comment by writing to the NRC ND960027 (March 15, 1996) SUMMARY: NASA hereby gives notice Publications Section, ATTN.: Washington that Imidyne Corporation, of Merrick, Superintendent of Documents, U.S. WA960001 (March 15, 1996) New York 11566, has applied for an Government Printing Office, P.O. Box WA960002 (March 15, 1996) exclusive license to practice the 37082, Washington, D.C. 20013–7082, or WA960005 (March 15, 1996) invention disclosed in NASA Case No. by calling 202–512–1800. A copy of the WA960006 (March 15, 1996) DEIS is available for inspection and/or WA960008 (March 15, 1996) LAR–15526–1–SB, entitled ‘‘Polyimide WA960010 (March 15, 1996) Fibers,’’ for which a U.S. Patent copying in the NRC Public Document Application was filed by the United Room, 2120 L St. NW, Washington, D.C. General Wage Determination States of America as represented by the 20555–0001. A copy is also available for Publication Administrator of the National public inspection at the Guernsey General wage determinations issued Aeronautics and Space Administration. County District Library, 800 under the Davis-Bacon and related Acts, Written objections to the prospective Steubenville Avenue, Cambridge, Ohio including those noted above, may be grant of a license should be sent to Ms. 43725–2385. found in the Government Printing Office Kimberly A. Chasteen, Patent Attorney, DATES AND ADDRESSES FOR PUBLIC (GPO) document entitled ‘‘General Wage Langley Research Center. MEETING: A public meeting will be held 43564 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices on September 16, 1996, from 7:00 p.m.– submitted by October 31, 1996. a documented basis for that figure by 10:00 p.m., at the Pritchard Laughlin However, because it was provided very the time of the public meeting]. Civic Center, located at 7033 Glenn early in the comment period by the Save ‘‘This is (a) our organizations best Highway, Cambridge, Ohio 43725. the Wills Creek Water Resources estimates, and not a firm price, and (b) Telephone 614/439–7009. The NRC staff Committee, a local group that has had does not include the return to the site and contractors will be available to go extensive involvement in monitoring of off site slag. In fact, our organization over information in the DEIS and for the remediation of this site, NRC staff is feels that the off site slag is the ‘‘legal’’ this new alternative, to answer describing the alternative in this notice, responsibility of Cypress Foote, and that questions related to information and soliciting public comments on it. said slag should not be allowed to be presented in the DEIS and on this notice The staff will consider these comments returned to the facility. for the new alternative, and to receive and evaluate them fully along with the comments to be considered in alternative in the final EIS, as well as ‘‘This estimate would mean our developing the final environmental comments received on it in a public community receives a much better impact statement. meeting on the DEIS to be held remediation at a price only 2.5 times as high as the current estimates for full FOR FURTHER INFORMATION CONTACT: Mr. September 16, 1996, in Cambridge, Mark Thaggard, Low-Level Waste and Ohio. insitu disposal on site of all on and off site contaminants.’’ Decommissioning Projects Branch, Mail Description of Alternative Proposed by Stop T7D–13, Division of Waste Save the Wills Creek Water Resources The author of the alternative is Management, Office of Nuclear Material Committee gathering additional information and Safety and Safeguards, U.S. Nuclear expects to provide this by the time of Generally, the alternative is a hybrid Regulatory Commission, Washington, the public meeting in Cambridge, Ohio, of two alternatives in the DEIS— D.C. 20555–0001. Telephone 301/415– on September 16, 1996. Interested stabilization in place and offsite 6718. persons may contact Mr. Mark Thaggard disposal. However, instead of both slag of the NRC staff for the latest SUPPLEMENTARY INFORMATION: piles being treated the same way (either documentation on this alternative, or Background stabilized in place or disposed of at a obtain this documentation at the public facility in Utah), this hybrid alternative meeting on September 16, 1996. The NRC has prepared a DEIS that proposes to remove the East Slag pile for evaluates the potential environmental offsite disposal and leave the West Slag The staff has not conducted an impacts and alternatives associated with pile onsite. analysis of this alternative at this time SMC’s proposed approach to The alternative is described as follows and has presented the alternative in this decommissioning two radiologically by the Save the Wills Creek Water notice as it was received. As noted contaminated waste piles. NRC noticed Resources Committee in its letter to earlier, the staff will evaluate this the availability of the DEIS for public NRC: alternative in the final EIS, considering: comment on July 25, 1996 (61 FR ‘‘Most of the serious problems and (1) The comments received from the 38789). The U.S. Environmental elevated radioactive materials are public; (2) existing information, as Protection Agency noticed availability situated in the East Slag pile. In fact, it appropriate in the DEIS; and (3) any of the DEIS on August 2, 1996 (61 FR is the East slag pile and its material that pertinent new data that is obtained. For 40414). NRC’s notice of availability may eventually exceed the National Safe example, the estimated cost for stated that the public comment period Drinking Water Standards. removing the East Pile and disposing of of the DEIS would extend 90 days from ‘‘The East Slag represents it offsite is $17,332,900, as reported in the date of EPA’s notice. Consequently, approximately ten percent of the Table 5.1–7 of the DEIS. The Save the the comment period on the DEIS will volume (by weight) of the total Wills Creek Water Resources Committee expire October 31, 1996. contaminated materials on site, while believes that this figure is high and will Shieldalloy proposes to cap and representing approximately 60 percent be providing a basis for a lower figure. stabilize the piles in place and of the actual licensed materials at said The staff also notes that the National implement appropriate land-use facility. Said pile also contains almost Environmental Policy Act requires restrictions. The DEIS also describes all of the slag that seriously exceeds the consideration of all environmental and evaluates alternatives to the NRC general release criteria’’ [for impacts that could result from NRC proposed action. Based on the unrestricted use]. action, not just the radiation impacts. evaluations in the DEIS, without ‘‘We therefore submit, that serious The alternative proposal appears to consideration of this new alternative, consideration be given to yet another consider only radiation impacts from the NRC staff’s preliminary conclusion alternative which is the full removal to the material identified in the alternative. is that the environmental impacts of a licensed storage facility the entire East Consistent with the requirements of SMC’s proposal are not significant, if Slag pile while capping on site the west NEPA and the existing scope of the EIS, certain mitigative measures are carried slag pile. This option would see the the staff will assess the environmental out, and there is no obviously superior costs of capping the West Slag pile impacts from all contamination in the alternative. remaining constant, while the cost of final EIS. NRC recently received a request from removing the most serious area of Dated at Rockville, Maryland, this 16th day Mr. Sherwood Bauman, Chairperson of contaminated slag would carry a total of August 1996. the Save the Wills Creek Water cost of approximately 8.5 Million Resources Committee, a local dollars to dispose of the East Slag Pile For the Nuclear Regulatory Commission. environmental group in the Cambridge, at Envirocare in Utah, and cap as Robert A. Nelson, Ohio area, to consider another planned the West Slag Pile.’’ [Note—the Acting Chief, Low-Level Waste and alternative for remediating the site. The Save the Wills Creek Water Resources Decommissioning Projects Branch, Division alternative was provided in response to Committee has since estimated the total of Waste Management, Office of Nuclear the DEIS and could simply be cost of offsite disposal of the East Pile Material Safety and Safeguards. considered by NRC in its resolution of and onsite stabilization of the West Pile [FR Doc. 96–21404 Filed 8–22–96; 8:45 am] all of the public comments that are to be to be $15 million and will be providing BILLING CODE 7590±01±P Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43565

Advisory Committee on Reactor Dated: August 19, 1996. oral statements and the time allotted Safeguards; Subcommittee Meeting on Sam Duraiswamy, therefor can be obtained by contacting Planning and Procedures Chief, Nuclear Reactors Branch. the cognizant ACRS staff engineer, Mr. [FR Doc. 96–21536 Filed 8–22–96; 8:45 am] Noel F. Dudley (telephone 301/415– The ACRS Subcommittee on Planning BILLING CODE 7590±01±P 6888) between 7:30 a.m. and 4:15 p.m. and Procedures will hold a meeting on (EDT). Persons planning to attend this September 11, 1996, Room T–2B1, meeting are urged to contact the above 11545 Rockville Pike, Rockville, Advisory Committee on Reactor named individual one or two working Maryland. Safeguards; Subcommittee Meeting on days prior to the meeting to be advised of any potential changes to the agenda, The entire meeting will be open to Human Factors etc., that may have occurred. public attendance, with the exception of The ACRS Subcommittee on Human a portion that may be closed pursuant Factors will hold a meeting on Dated: August 19, 1996. to 5 U.S.C. 552b(c) (2) and (6) to discuss September 20, 1996, Room T–2B3, Sam Duraiswamy, organizational and personnel matters 11545 Rockville Pike, Rockville, Chief, Nuclear Reactors Branch. that relate solely to internal personnel Maryland. [FR Doc. 96–21537 Filed 8–22–96; 8:45 am] rules and practices of ACRS, and The entire meeting will be open to BILLING CODE 7590±01±P matters the release of which would public attendance. constitute a clearly unwarranted The agenda for the subject meeting invasion of personal privacy. shall be as follows: OFFICE OF PERSONNEL Friday, September 20, 1996 - 8:30 a.m. The agenda for the subject meeting MANAGEMENT until the conclusion of business shall be as follows: The Subcommittee will discuss the Federal Prevailing Rate Advisory Wednesday, September 11, 1996—1:00 latest draft of the NRC Human Committee; Open Committee Meeting p.m. until 3:00 p.m. Performance Program Plan, the collection and use of human According to the provisions of section The Subcommittee will discuss performance data, the development of 10 of the Federal Advisory Committee proposed ACRS activities and related human factors inspection guidelines, Act (Pub. L. 92–463), notice is hereby matters. It may also discuss the status of and the human factors research given that meetings of the Federal appointment of members to the ACRS. program. The purpose of this meeting is Prevailing Rate Advisory Committee The purpose of this meeting is to gather to gather information, analyze relevant will be held on— information, analyze relevant issues and issues and facts, and to formulate Thursday, September 26, 1996. facts, and to formulate proposed proposed positions and actions, as Thursday, December 5, 1996. positions and actions, as appropriate, appropriate, for deliberation by the full Thursday, December 19, 1996. for deliberation by the full Committee. Committee. The meetings will start at 10:45 a.m. Oral statements may be presented by Oral statements may be presented by and will be held in Room 5A06A, Office members of the public with the members of the public with the of Personnel Management Building, concurrence of the Subcommittee concurrence of the Subcommittee 1900 E Street, NW., Washington, DC. Chairman; written statements will be Chairman; written statements will be The Federal Prevailing Rate Advisory accepted and made available to the accepted and made available to the Committee is composed of a Chair, five Committee. Electronic recordings will Committee. Electronic recordings will representatives from labor unions be permitted only during those portions be permitted only during those portions holding exclusive bargaining rights for of the meeting that are open to the of the meeting that are open to the Federal blue-collar employees, and five public, and questions may be asked only public, and questions may be asked only representatives from Federal agencies. by members of the Subcommittee, its by members of the Subcommittee, its Entitlement to membership on the consultants, and staff. Persons desiring consultants, and staff. Persons desiring Committee is provided for in 5 U.S.C. to make oral statements should notify to make oral statements should notify 5347. the cognizant ACRS staff person named the cognizant ACRS staff engineer The Committee’s primary below five days prior to the meeting, if named below five days prior to the responsibility is to review the Prevailing possible, so that appropriate meeting, if possible, so that appropriate Rate System and other matters pertinent arrangements can be made. arrangements can be made. to establishing prevailing rates under During the initial portion of the subchapter IV, chapter 53, 5 U.S.C., as Further information regarding topics meeting, the Subcommittee, along with amended, and from time to time advise to be discussed, the scheduling of any of its consultants who may be the Office of Personnel Management. sessions open to the public, whether the present, may exchange preliminary These scheduled meetings will start meeting has been cancelled or views regarding matters to be in open session with both labor and rescheduled, the Chairman’s ruling on considered during the balance of the management representatives attending. requests for the opportunity to present meeting. During the meeting either the labor oral statements, and the time allotted The Subcommittee will then hear members or the management members therefor can be obtained by contacting presentations by and hold discussions may caucus separately with the Chair to the cognizant ACRS staff person, Dr. with representatives of the NRC staff, its devise strategy and formulate positions. John T. Larkins (telephone: 301/415– consultants, and other interested Premature disclosure of the matters 7360) between 7:30 a.m. and 4:15 p.m. persons regarding this review. discussed in these caucuses would (EDT). Persons planning to attend this Further information regarding topics unacceptably impair the ability of the meeting are urged to contact the above to be discussed, whether the meeting Committee to reach a consensus on the named individual one or two working has been cancelled or rescheduled, the matters being considered and would days prior to the meeting to be advised scheduling of sessions which are open disrupt substantially the disposition of of any changes in schedule, etc., that to the public, the Chairman’s ruling on its business. Therefore, these caucuses may have occurred. requests for the opportunity to present will be closed to the public because of 43566 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices a determination made by the Director of 2. Strategic Alliance. (Loren E. Smith, Chief relating to unlisted trading privileges the Office of Personnel Management Marketing Officer and Senior Vice (‘‘UTP’’). under the provisions of section 10(d) of President) II. Self-Regulatory Organization’s the Federal Advisory Committee Act Tuesday Session Statement of the Purpose of, and (Pub. L. 92–463) and 5 U.S.C. September 10—8:30 a.m. (Open) Statutory Basis for, the Proposed Rule 552b(c)(9)(B). These caucuses may, 1. Minutes of the Previous Meetings, July 28– Change depending on the issues involved, 30, and August 5–6, 1996. In its filing with the Commission, the constitute a substantial portion of the 2. Remarks of the Postmaster General/Chief meeting. Executive Officer. (Marvin Runyon) self-regulatory organization included Annually, the Chair compiles a report 3. Postal Rate Commission FY 1997 Budget. statements concerning the purpose of of pay issues discussed and concluded (Chairman del Junco). and basis for the proposed rule change recommendations. These reports are 4. Fiscal Year 1997 Operating Budget. and discussed any comments it received available to the public, upon written (Michael J. Riley, Chief Financial Officer) on the proposed rule change. The text request to the Committee’s Secretary. 5. Preliminar FY 1998 Appropriation of these statements may be examined at The public is invited to submit Request. (Michael J. Riley, Chief the places specified in Item IV below. material in writing to the Chair on Financial Officer) The self-regulatory organization has 6. Review of the Five-Year Vehicle Plan. Federal Wage System pay matters felt to prepared summaries, set forth in (Allen R. Kane, Vice President, Sections A, B and C below, of the most be deserving of the Committee’s Operations Support) attention. Additional information on 7. Capital Investments. significant aspects of such statements. these meetings may be obtained by a. Atlanta, Georgia, Airport Mail Center A. Self-Regulatory Organization’s contacting the Committee’s Secretary, (AMC). (Rudolph K. Umscheid, Vice Statement of the Purpose of, and Office of Personnel Management, President, Facilities) Statutory Basis for, the Proposed Rule b. Delivery Unit Computer (DUCS) Federal Prevailing Rate Advisory Change Committee, Room 5559, 1900 E Street, Replacement. (Allen R. Kane, Vice NW., Washington, DC 20415 (202) 606– President, Operations Support) 1. Purpose 8. Tentative Agenda for the October 7–8, 1500. 1996, meeting in Anchorage, Alaska. Prior to the enactment of the Unlisted Dated: August 15, 1996. Thomas J. Koerber, Trading Privileges Act of 1994 (‘‘UTP Phyllis G. Foley, Act’’), Section 12(f) 2 of the Act allowed Secretary. Chair, Federal Prevailing Rate Advisory an exchange, subject to Commission Committee. [FR Doc. 96–21698 Filed 8–21–96; 12:54 pm] approval, to extend UTP to securities [FR Doc. 96–21486 Filed 8–22–96; 8:45 am] BILLING CODE 7710±12±M that were listed and registered on BILLING CODE 6325±01±M another exchange.3 Section 12(f) required exchanges to apply to the SECURITIES AND EXCHANGE Commission and receive Commission UNITED STATES POSTAL SERVICE COMMISSION approval of the exchange’s application [Release No. 34±37579; File No. SR±CHX± before extending UTP to a particular Board of Governors; Sunshine Act 96±24] security. The Commission was required Notice of a Meeting to provide interested parties with at Self-Regulatory Organizations; Notice least 10 days notice of the application The Board of Governors of the United of Filing and Immediate Effectiveness and the Commission had to determine States Postal Service, pursuant to its of Proposed Rule Change by the whether the extension of UTP to each Bylaws (39 C.F.R. Section 7.5) and the Chicago Stock Exchange, Incorporated named security met certain criteria. If Government in the Sunshine Act (5 Relating to Unlisted Trading Privileges so, the Commission published an U.S.C. Section 552b), hereby gives approval order in the Federal Register. notice that it intends to hold a meeting August 16, 1996. Exchange Interpretation and Policy .01 at 10:00 a.m. on Monday, September 9, Pursuant to Section 19(b)(1) of the of Article XXX, Rule 1, reflects this 1996, and at 8:30 a.m. on Tuesday, Securities Exchange Act of 1934 statutory scheme in that it references September 10, 1996, in Washington, 1 (‘‘Act’’), notice is hereby given that on ‘‘obtaining’’ UTP from the Commission. D.C. August 9, 1996, the Chicago Stock The enactment of the UTP Act, The September 9 meeting is closed to Exchange, Incorporated (‘‘CHX’’ or the however, removed the application, the public (see 61 FR 42072, August 13, ‘‘Exchange’’) filed with the Securities notice, and Commission approval 1996). The September 10 meeting is and Exchange Commission process from Section 12(f) of the Act, open to the public and will be held at (‘‘Commission’’) the proposed rule and revised the conditions under which U.S. Postal Service Headquarters, 475 change as described in Items I, II, and exchanges may extend UTP to most L’Enfant Plaza, S.W., in the Benjamin III below, which Items have been registered securities. Currently, Section Franklin Room. The Board expects to prepared by the self-regulatory 12(f)(1)(A)(i) 4 discuss the matters stated in the agenda allows a national organization. The Commission is securities exchange to extend UTP to which is set forth below. Requests for publishing this notice to solicit information about the meeting should any security listed and registered on comments on the proposed rule change another national securities exchange.5 be addressed to the Secretary of the from interested persons. Board, Thomas J. Koerber, at (202) 268– 2 15 U.S.C. 78l. 4800. I. Self-Regulatory Organization’s Statement of the Terms of Substance of 3 By ‘‘extending UTP’’ to a security, the exchange Agenda allows its members to trade the security as if it were the Proposed Rule Change listed on the exchange. Monday Session The Exchange proposes to amend 4 15 U.S.C. 78l(f)(1)(A)(i). September 9—10:00 a.m. (Closed) Article XXVIII, Rule 5 and Article XXX, 5 The Commission notes that pursuant to Rule 12f–5, a national securities exchange shall not 1. Legislative Reform. (Mary S. Elcano, Rule 1, interpretation and policy .01, extend unlisted trading privileges to any security Senior Vice President and General unless the exchange has in effect a rule or rules Counsel) 1 15 U.S.C. 78s(b)(1) (1988). providing for transactions in the class or type of Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43567

Pursuant to authority granted in Section existing rule of the Exchange. At any Central European studies for advanced 12(f)(1)(C),6 the Commission time within 60 days of the filing of such on-site language training and research. promulgated Rule 12f-2,7 allowing a rule change, the Commission may Contact: Katie Turnball, ACTR/ national securities exchange to extend summarily abrogate such rule change if ACCELS, 1776 Massachusetts Avenue, UTP to a subject security on the day it appears to the Commission that such NW, Suite 700, Washington, DC 20036 following the day on which the initial action is necessary or appropriate in the (202) 833–7522. public offering of such subject security public interest, for the protection of 2. Council on International Educational commences. investors, or otherwise in furtherance of Exchange Accordingly, with the revisions to the purposes of the Act. Section 12(f) as a result of the UTP Act, Grant: $50,000 (NIS). Purpose: To support fellowships for Exchange Article XXVIII, Rule 5 and IV. Solicitation of Comments advanced and specialized on-site Exchange Article XXX, Rule 1, Interested persons are invited to Russian language training. Interpretation and Policy .01, no longer submit written data, views and Contact: John Myers, Program Officer, reflect the revised statutory scheme. arguments concerning the foregoing. Cooperative Russian Language Program/ Since exchanges are no longer required Persons making written submissions CIEE, 205 East 42nd Street, New York, to seek Commission approval in order to should file six copies thereof with the NY 10017 (212) 822–2732. extend UTP, the language in the text of Secretary, Securities and Exchange the rule referencing the ‘‘obtaining’’ of Commission, 450 Fifth Street, N.W., 3. Hoover Institution on War, Revolution UTP through Commission approval Washington D.C. 20549. Copies of the and Peace at Stanford University should be eliminated. The proposed submissions, all subsequent Grant: $125,000 ($85,000 NIS; rule change reflects the revised statutory amendments, all written statements $40,000 EE/Baltic states). scheme under Section 12(f) and Rule with respect to the proposed rule Purpose: To support residential 12f–2. The Exchange also proposes to change that are filed with the postdoctoral fellowships on the NIS and amend Article XXVIII, Rule 5 to allow Commission, and all written summer grants on the NIS, Eastern the Exchange President’s designee to communications relating to the Europe and the Baltic states. extend unlisted trading privileges. proposed rule change between the Contact: Richard F. Staar, Senior Fellow, Hoover Institution, Stanford, CA 2. Statutory Basis Commission and any person, other than those that may be withheld from the 94305–6010 (415) 723–1348. The Exchange believes the proposed public in accordance with the 4. University of Illinois at Urbana- rule change is consistent with Section provisions of 5 U.S.C. 552, will be Champaign 8 6(b)(5) of the Act in that it is designed available for inspection and copying at Grant: $120,000 ($100,000 NIS; to promote just and equitable principles the Commission’s Public Reference $20,000 EE/Baltic states). of trade, to remove impediments and to Room. Copies of such filing will also be Purpose: To provide partial funding perfect the mechanism of a free and available for inspection and copying at for the University’s Summer Research open market and a national market the principal office of the Exchange. All Laboratory and the Slavic Reference system, and, in general, to protect submissions should refer to File No. Service. investors and the public interest. SR–CHX–96–24 and should be Contact: Diane P. Koenker, Program B. Self-Regulatory Organization’s submitted by September 13, 1996. Administrator, Russian and East Statement on Burden on Competition For the Commission, by the Division of European Center, University of Illinois at Urbana-Champaign, 104 International The Exchange does not believe that Market Regulations, pursuant to delegated 11 Studies Building, 910 South Fifth Street, the proposed rule change will impose authority. Champaign, IL 61820 (217) 333–1244. any inappropriate burden on Margaret H. McFarland, competition. Deputy Secretary. 5. International Research and [FR Doc. 96–21544 Filed 8–22–96; 8:45 am] Exchanges Board C. Self-Regulatory Organization’s BILLING CODE 8010±01±M Grant: $1,195,000 ($805,000 NIS; Statement of Comments on the $390,000 EE/Baltic states). Proposed Rule Change Received from Purpose: To support a variety of Members, Participants or Others DEPARTMENT OF STATE programs facilitating American No written comments were either scholarly access to Russia, Eurasia and solicited or received. Bureau of Intelligence and Research East Europe: individual field research grants; predeparture orientation; short- [Public Notice 2428] III. Date of Effectiveness of the term travel grants; special projects; and Proposed Rule Change and Timing for dissemination of field results. Commission Action FY 1996 Funding Under the Research and Training for Eastern Europe and Contact: Robert T. Huber, Vice The foregoing rule change has become the Independent States of the Former President, IREX, 1616 H Street, NW, effective pursuant to Section 19(b)(3)(A) Soviet Union Act of 1983 Washington, DC 20006 (202) 628–8188. of the Act 9 and of Rule 19b–4(e)(1) 6. Joint Committee on Eastern Europe 10 thereunder, because it constitutes a 1. American Council of Teachers of Grant: $570,000 (EE/Baltic states). stated policy, practice or interpretation Russian/American Council for Purpose: To support fellowships for with respect to the meaning, Collaboration in Education and dissertation completion, post-doctoral administration, or enforcement of an Language Study research, and pre-dissertation travel Grant: $150,000 ($130,000 NIS; grants; institutional and individual security to which the exchange extends unlisted language training grants; and trading privileges. $20,000 EE/Baltics). 6 15 U.S.C. 78l(f)(1)(C). Purpose: To support graduate collaborative research and training 7 17 CFR 240.12f-2 (1995). students, post-doctoral fellows, and through conferences and the Junior 8 15 U.S.C. 78f(b)(5). junior faculty in Russian, Eurasian and Scholars’ Training Seminar. 9 15 U.S.C. 78s(b)(3)(A). Contact: Jason Parker, Executive 10 17 CFR 240.19b–4(e)(1) (1994). 11 17 CFR 200.30–3(a)(12) (1995). Associate, JCEE/American Council of 43568 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Learned Societies, 228 East 45th Street, Dated: August 12, 1996. only in the implementation of certain of New York, NY 10017–3398 (212) 697– Kenneth E. Roberts, its provisions. 1505 (ext. 134/135). Executive Director, Advisory Committee for Troy H. Cribb, 7. Joint Committee on the Soviet Union Studies of Eastern Europe and the Chairman, Committee for the Implementation and its Successor States Independent States of the Former Soviet of Textile Agreements. Union. Committee for the Implementation of Textile Grant: $865,000 ($825,000 NIS; [FR Doc. 96–21506 Filed 8–22–96; 8:45 am] Agreements $40,000 EE/Baltic states). Purpose: To support a national BILLING CODE 4710±32±M August 19, 1996. fellowship program for advanced Commissioner of Customs, Department of the Treasury, Washington, DC graduate training, dissertation 20229. completion, and junior post-doctoral COMMITTEE FOR THE Dear Commissioner: This directive research; workshops on critical themes IMPLEMENTATION OF TEXTILE amends, but does not cancel, the directive in post-Soviet studies; and a AGREEMENTS issued to you on January 24, 1996, by the competition for grants to U.S. Chairman, Committee for the Implementation institutions offering intensive training Adjustment of an Import Limit for of Textile Agreements. That directive in languages of the NIS. concerns imports of certain cotton, wool, Certain Cotton Textile Products Contact: Susan Bronson, Staff man-made fiber, silk blend and other Associate, JCSSS/Social Science Produced or Manufactured in Taiwan vegetable fiber textiles and textile products, produced or manufactured in Taiwan and Research Council, 605 Third Avenue, August 19, 1996. New York, NY 10158 (212) 377–2700. exported during the twelve-month period AGENCY: Committee for the which began on January 1, 1996 and extends 8. National Academy of Sciences Implementation of Textile Agreements through December 31, 1996. Effective on August 20, 1996, you are Grant: $70,000 ($25,000 NIS; $45,000 (CITA). directed to reduce the current limit for EE/Baltic states). 1 ACTION: Issuing a directive to the Categories 338/339 to 792,164 dozen , as Purpose: To support Young Commissioner of Customs reducing a provided for under the current bilateral Investigator Programs in forest textile agreement concerning textile products limit. management in Russia, worker health in from Taiwan. Ukraine, and coastal ecology in Albania. The Committee for the Implementation of Contact: Steven Deets/Kelly Robbins, EFFECTIVE DATE: August 20, 1996. Textile Agreements has determined that this action falls within the foreign affairs Office for Central Europe and Eurasia, FOR FURTHER INFORMATION CONTACT: National Academy of Sciences/National exception to the rulemaking provisions of 5 Jennifer Aldrich, International Trade U.S.C. 553(a)(1). Research Council, 2101 Constitution Specialist, Office of Textiles and Sincerely, Avenue, NW, (FO 2014), Washington, Apparel, U.S. Department of Commerce, Troy H. Cribb, DC 20418 (202) 334–2644. (202) 482–4212. For information on the Chairman, Committee for the Implementation 9. National Council for Soviet and East quota status of this limit, refer to the of Textile Agreements. European Research Quota Status Reports posted on the [FR Doc.96–21521 Filed 8–22–96; 8:45 am] Grant: $1,120,000 ($810,000 NIS; bulletin boards of each Customs port or BILLING CODE 3510±DR±F $310,000 EE/Baltic states). call (202) 927–6704. For information on Purpose: To conduct one or more embargoes and quota re-openings, call national competitions among American (202) 482–3715. DEPARTMENT OF TRANSPORTATION institutions of higher education and SUPPLEMENTARY INFORMATION: non-profit organizations in support of Office of the Secretary advanced research projects on Russia, Authority: Executive Order 11651 of March Office of International Transportation Eurasia, and East-Central Europe. 3, 1972, as amended; section 204 of the and Trade; Notice of Public Meeting Contact: Robert Randolph, Executive Agricultural Act of 1956, as amended (7 Director, NCSEER 1755 Massachusetts U.S.C. 1854). SUMMARY: U.S. Transportation Secretary Avenue, NW, Suite 304, Washington, Federico Pen˜ a and Canadian Transport The current limit for Categories 338/ DC 20036 (202) 287–0168. Minister David Anderson have 339 is being reduced for carryforward established a U.S./Canadian 10. The Woodrow Wilson Center for used. International Scholars governmental Working Group to explore A description of the textile and the possibility of greater cooperation Grant: $725,000 ($465,000 NIS; apparel categories in terms of HTS between the two countries in $260,000 to EE/Baltic States) numbers is available in the administering and managing services in Purpose: To support research CORRELATION: Textile and Apparel the Great Lakes/St. Lawrence Seaway scholarships, short-term grants, research Categories with the Harmonized Tariff system. The U.S. Department of fellowships and internships; the Schedule of the United States (see Transportation will conduct a public meetings programs; and outreach Federal Register notice 60 FR 65299, meeting to obtain public comment on publications of the Kennan Institute for published on December 19, 1995). Also opportunities for increased binational Advanced Russian Studies and the East see 61 FR 3004, published on January cooperation. This public meeting will European Studies Program. 30, 1996. aid the Working Group in drafting a Contact: Blair Ruble, Director, Kennan report to the Secretary and Transport Institute or John Lampe, Director, East The letter to the Commissioner of Minister. Anyone who wishes to make European Studies, East and West Customs and the actions taken pursuant a statement at the public meeting should European Program, The Wilson Center, to it are not designed to implement all register his or her intention to do so by 370 L’Enfant Promenade, Suite 704, of the provisions of the bilateral Washington, DC 20024–2518 (202) 287– agreement, but are designed to assist 1 The limit has not been adjusted to account for 3400. any imports exported after December 31, 1995. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43569

August 30, 1996, by contacting the government departments and agencies Germantown Hills, Washington, East person listed under FOR FURTHER in both countries. Peoria, and Morton, Illinois. INFORMATION CONTACT, below. Those The purpose of the September 4 This two year proposed project will who register will be sent an information public meeting is to solicit views from study three corridors, select a preferred package prior to the public meeting. interested individuals related to the corridor for detailed engineering and Statements should also be submitted in improvement of binational cooperation environmental analysis, select a writing as promptly as possible, and in the management of the St. Lawrence recommended alignment within the written statements may be submitted in Seaway System. The Working Group preferred corridor and create a final lieu of oral presentations. will deliver a progress report of its corridor protection map. All potential DATES: The public meeting will be held findings to the Canadian Minister of corridors will be studied through in Rosemont, Illinois, on Wednesday, Transport and the U.S. Secretary of extensive data collection, aerial September 4, from 9 a.m. to 4 p.m. Transportation in late September. mapping, field inspection, and environmental and engineering studies. ADDRESSES: The meeting will be held at Dated: August 20, 1996. Use of this information will help in the Ramada Plaza O’Hare Hotel, 6600 N. Bernard Gaillard, creating design and operational criteria, Mannheim Road, Rosemont, Illinois Director, Office of International drainage and flood plain inventory, an 60018 (847) 827–5131. Transportation and Trade. identification of corridor impacts, [FR Doc. 96–21565 Filed 8–22–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. exhibits for the public input, and a Craig Middlebrook, (202–366–0091; BILLING CODE 4910±62±U corridor protection map. A preferred FAX: 202–366–1747), St. Lawrence corridor will be recommended and Seaway Development Corporation, U.S. Federal Highway Administration presented at a Public Hearing. Alternate Department of Transportation, 400 alignments will be studied for the Seventh St., SW., Washington, DC Environmental Impact Statement: preferred corridor once it has been 20590. Peoria, Tazewell and Woodford identified. Alternates studied will SUPPLEMENTARY INFORMATION: The St. Counties, Illinois address engineering and environmental Lawrence Seaway is currently operated concerns in order that an alignment can and maintained by the U.S. Saint AGENCY: Federal Highway be identified which meets the Lawrence Seaway Development Administration (FHWA), DOT. transportation needs of the region and Corporation, a modal administration of ACTION: Notice of intent. minimizes the impacts to the the U.S. Department of Transportation, environment. Alignment studies will and the Canadian St. Lawrence Seaway SUMMARY: The FHWA is issuing this produce one preferred alternate with its Authority, a Crown corporation. Both notice to advise the public that a location, type of facility, preliminary countries are restructuring their transportation corridor study followed interchange geometrics, engineering and organizations and pursuing methods, by an environmental impact statement environmental impacts identified, through new cooperative mechanisms, will be prepared for a proposed project preliminary measures to minimize to reduce costs for taxpayers and users. in the eastern Peoria metropolitan area harm, probable construction cost On June 5, 1996, U.S. Transportation which included the counties of Peoria, estimate and estimated right of way Secretary Federico Pen˜ a and Canadian Tazewell and Woodford. requirements identified. A second Transport Minister David Anderson Public Information Meeting will be held FOR FURTHER INFORMATION CONTACT: agreed to establish a U.S./Canadian to obtain input during the alignment Working Group to explore avenues of Walter Waidelich, Federal Highway selection process with the final selected increased binational cooperation. Administration, 3250 Executive Park alignment presented at a Public Hearing. The Working Group, which held its Drive, Springfield, Illinois 62703, Right of way requirements will be initial meeting in Ottawa, Ontario, on Phone: (217) 492–4622. established for corridor preservation August 7, will exchange timely Dale E. Risinger, District Engineer, and a corridor protection map will be information on the respective U.S. and Illinois Department of Transportation, prepared for the recommended Canadian efforts to restructure their 401 Main Street, Peoria, Illinois alignment. Seaway organizations and identify 61602–1111, Phone: (309) 671–3333. The transportation corridor study will workable options to improve binational SUPPLEMENTARY INFORMATION: The be followed by an Environmental management of the Seaway. The FHWA, in cooperation with the Illinois Impact Statement. Alternatives to be Working Group will examine the Department of Transportation, will studied include (1) Taking no action; Seaway lock system which falls within prepare a transportation corridor study including the development of ancillary the scope of the current binational followed by an environmental impact facilities to enhance mass transit and/or agreement, and also will begin an statement (EIS) for the eastern Peoria traffic demand management (2) analysis of other aspects of the overall metropolitan area. The proposed upgrading existing facilities and (3) system, including navigation aids, corridors being studied are commonly construction on a new alignment as vessel traffic control systems, ice known as the Eastern Ring Road. The identified in the corridor study. breaking, communication systems, and proposed project is a study of three The scoping process undertaken as other locks outside the scope of the corridors approximately 32 km in length part of this proposed project will binational agreement, with a view which will link Illinois Route 6 on the include distribution of a scoping toward identifying opportunities to west side of the Illinois River to information packet, coordination with eliminate or reduce duplication. Interstate 74 on the east side of the appropriate Federal, State, and local The Working Group consists of Illinois River. Project limits are agencies and review sessions as needed. representatives from the U.S. generally defined by a connection to A formal scoping meeting is not Department of Transportation, the Illinois Route 6 near Mossville on the planned. Further details of the proposed Canadian Ministry of Transportation, northwest, and Interstate 74 at the south project and a scoping informational and the Canadian Ministry of Fisheries and eastern limit. Communities packet may be obtained from one of the and Oceans, as well as other affected involved include Mossville, Spring Bay, contact people listed in this notice. 43570 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

(Catalog of Federal Domestic Assistance Beech Mountain Railroad Company Type of Review: Extension. Program Number 20.205, Highway Research, (BMRR) (RSGM–96–05) Title: Claims for Amounts Due in the and Construction. The regulations The Beech Mountain Railroad Case of Deceased Owner of Mutilated implementing Executive Order 12372 Company (BMRR) seeks a permanent Currency. regarding intergovernmental consultation on Description: Form 5287 is used when waiver of compliance with the Safety Federal programs and activities apply to this Treasury is required to determine Glazing Standards (49 CFR 223.9(a), program) ownership in cases of a deceased owner certified glazing) for its two of damaged or mutilated currency. Issued on: August 12, 1996. locomotives, ALCO S2 1,000HP #113 Respondents: Individuals or Walter Waidelich, and #115, built in the early 1950s. households, business or other for-profit, Engineering Team Leader, Federal Highway BMRR is a Class III Railroad operating not-for-profit institutions, State, Local or Administration, Illinois Division, Springfield, within Randolph and Upshur Counties Tribal Government. Illinois. in the state of West Virginia. According Estimated Number of Respondents: [FR Doc. 96–21367 Filed 8–22–96; 8:45 am] to the requesting railroad, the crew 180. consists of five men comprised of one BILLING CODE 4910±22±M Estimated Burden Hours Per supervisor, one engineer, one brakeman, Response: 55 minutes. and two track servicemen. BMRR is Frequency of Response: On occasion. Federal Railroad Administration privately owned by Carter-ROAG Coal Estimated Total Reporting Burden: Company (CRCC). The purpose of the 165 hours. Petition for Exemption or Waiver of BMRR operations is to provide transfer Clearance Officer: Ed Little (202) 874– Compliance service between the CSX interchange 2647, Bureau of Engraving and Printing, located in Alexander, West Virginia and Room 317A, Engraving and Printing In accordance with 49 CFR 211.9 and the CRCC Preparation Plant located in Annex, 14th and C Streets, SW., 211.41, notice is hereby given that the Star Bridge, West Virginia. The BMRR Washington, DC 20228. Federal Railroad Administration (FRA) line transverses—without instances of OMB Reviewer: Alexander T. Hunt has received a request for waiver of broken glass due to projectiles—a (202) 395–7860, Office of Management compliance with a requirement of its remote and isolated area. The BMRR and Budget, Room 10202, New safety standards. The individual railroad indicates that the locomotives Executive Office Building, Washington, petition is described below, including are early 1950 models and installation DC 20503. the party seeking relief, the regulatory of the safety glazing would require Lois K. Holland, provisions involved, and the nature of extensive and expensive refacing of the Departmental Reports Management Officer. the relief being requested. locomotive cabs and that all the [FR Doc. 96–21507 Filed 8–22–96; 8:45 am] Interested parties are invited to employees are aware of this request for BILLING CODE 4840±01±P participate in these proceedings by exemption and support it without submitting written views, data, or exception. comments. FRA does not anticipate Issued in Washington, DC, on August 16, Submission to OMB for Review; scheduling a public hearing in 1996. Comment Request connection with these proceedings since Phil Olekszyk, the facts do not appear to warrant a Deputy Associate Administrator for Safety August 15, 1996. hearing. If any interested party desires Compliance and Program Implementation. The Department of the Treasury has an opportunity for oral comment, they [FR Doc. 96–21533 Filed 8–22–96; 8:45 am] submitted the following public should notify FRA, in writing, before BILLING CODE 4910±06±M information collection requirement(s) to the end of the comment period and OMB for review and clearance under the specify the basis for their request. Paperwork Reduction Act of 1995, All communications concerning these DEPARTMENT OF THE TREASURY Public Law 104–13. Copies of the proceedings should identify the submission(s) may be obtained by appropriate docket number (e.g., Waiver Submission for OMB Review; calling the Treasury Bureau Clearance Petition Docket Number RSGM–96–05) Comment Request Officer listed. Comments regarding this and must be submitted in triplicate to information collection should be August 15, 1996. the Docket Clerk, Office of Chief addressed to the OMB reviewer listed The Department of the Treasury has Counsel, Federal Railroad and to the Treasury Department submitted the following public Administration, Nassif Building, 400 Clearance Officer, Department of the information collection requirement(s) to Seventh Street, S.W., Washington, D.C. Treasury, Room 2110, 1425 New York OMB for review and clearance under the 20590. Communications received within Avenue, NW., Washington, DC 20220. Paperwork Reduction Act of 1995, 45 days of the date of publication of this Public Law 104–13. Copies of the Internal Revenue Service (IRS) notice, will be considered FRA before submission(s) may be obtained by OMB Number: 1545–1201. final action is taken. Comments received calling the Treasury Bureau Clearance Regulation ID Number: PS–52–88 after that date will be considered as far Officer listed. Comments regarding this Final (T.D. 8455). as practical. All written information collection should be Type of Review: Extension. communications concerning these addressed to the OMB reviewer listed Title: Election to Expense Certain proceedings are available for and to the Treasury Department Depreciable Business Assets. examination during regular business Clearance Officer, Department of the Description: The regulations provide hours (9:00 a.m.–5:00 p.m.) in Room Treasury, Room 2110, 1425 New York rules on the election described in 8201, Nassif Building, 400 Seventh Avenue, NW., Washington, DC 20220. section 179(b)(4); the apportionment of Street SW., Washington, DC 20590. the dollar limitation among component The individual petition seeking an Bureau of Engraving and Printing (BEP) members of a controlled group; and the exemption or waiver of compliance is as OMB Number: 1520–0002. proper order for deducting the carryover follows: Form Number: BEP 5287. of disallowed deduction. The Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43571 recordkeeping and reporting is Executive Office Building, Washington, Clearance Officer, Department of the necessary to monitor compliance with DC 20503. Treasury, Room 2110, 1425 New York the section 179 rules. Lois K. Holland, Avenue, NW., Washington, DC 20220. Respondents: Business or other for- Departmental Reports Management Officer. Internal Revenue Service (IRS) profit, individuals or households, [FR Doc. 96–21508 Filed 8–22–96; 8:45 am] OMB Number: 1545–0074. BILLING CODE 4830±01±P Farms. Form Number: IRS Form 1040 and Estimated Number of Respondents/ Schedules A, B, C, C–EZ, D, E, EIC, F, Recordkeepers: 20,000. Submission to OMB for Review; H, R, and SE. Estimated Burden Hours Per Comment Request Type of Review: Revision. Respondent/Recordkeeper: 45 minutes. Title: U.S. Individual Income Tax August 16, 1996. Return. Frequency of Response: Annually. The Department of Treasury has Description: These forms are used by Estimated Total Reporting Burden: submitted the following public individuals to report their income tax 15,000 hours. information collection requirement(s) to liability. The data is used to verify that Clearance Officer: Garrick Shear (202) OMB for review and clearance under the the items reported on the forms are 622–3869, Internal Revenue Service, Paperwork Reduction Act of 1995, correct, and also for general statistical Room 5571, 1111 Constitution Avenue, Public Law 104–13. Copies of the use. N.W., Washington, DC 20224. submission(s) may be obtained by Respondents: Individuals or calling the Treasury Bureau Clearance households. OMB Reviewer: Alexander T. Hunt Officer listed. Comments regarding this Estimated Number of Respondents/ (202) 395–7340, Office of Management information collection should be Recordkeepers: 69,269,664. and Budget, Room 10226, New addressed to the OMB reviewer listed Estimated Burden Hours Per and to the Treasury Department Respondent/Recordkeeper:

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

1040 ...... 6 hours, 0 mins ...... 14 hours, 14 mins ...... 6 hours, 58 mins ...... 2 hours, 4 mins. Sched. A ...... 2 hours, 32 mins ...... 0 hours, 26 mins ...... 1 hour, 10 mins ...... 0 hours, 27 mins. Sched. B ...... 33 mins ...... 8 mins ...... 17 mins ...... 20 mins. Sched. C ...... 6 hours, 26 mins ...... 1 hour, 10 mins ...... 2 hours, 5 mins ...... 0 hours, 35 mins. Sched. C±EZ ...... 46 mins ...... 4 mins ...... 32 mins ...... 20 mins. Sched. D ...... 0 hours, 51 mins ...... 1 hour, 8 mins ...... 1 hour, 1 min ...... 0 hours, 41 mins. Sched. E ...... 2 hours, 52 mins ...... 1 hour, 7 mins ...... 1 hour, 16 mins ...... 0 hours, 35 mins. Sched. EIC ...... 0 mins ...... 2 mins ...... 4 mins ...... 20 mins. Sched. F: Cash Method ...... 4 hours, 2 mins ...... 0 hours, 35 mins ...... 1 hour, 14 mins ...... 0 hours, 20 mins. Accrual Method ...... 4 hours, 22 mins ...... 0 hours, 25 mins ...... 1 hour, 19 mins ...... 0 hours, 20 mins. Sched. H ...... 46 mins ...... 29 mins ...... 48 mins ...... 35 mins. Sched. R ...... 20 mins ...... 15 mins ...... 22 mins ...... 35 mins. Sched. SE: Short ...... 20 mins ...... 13 mins ...... 11 mins ...... 14 mins. Long ...... 26 mins ...... 22 mins ...... 34 mins ...... 20 mins.

Frequency of Response: Annually. Submission to OMB for Review; Internal Revneue Service (IRS) Estimated Total Reporting/ Comment Request OMB Number: 1545–0085. Recordkeeping Burden: 1,141,694,310 August 16, 1996. Form Number: IRS Form 1040A and hours. The Department of the Treasury has Schedules 1, 2, 3, and EIC. Clearance Officer: Garrick Shear (202) submitted the following public Type of Review: Revision. 622–3869, Internal Revenue Service, information collection requirement(s) to Title: U.S. Individual Income Tax Room 5571, 1111 Constitution Avenue, OMB for review and clearance under the Return. N.W., Washington, DC 20224. Paperwork Reduction Act of 1995, Description: This form is used by individuals to report their income tax OMB Reviewer: Alexander T. Hunt Public Law 104–13. Copies of the liability. The data are used to verify that (202) 395–7340, Office of Management submission(s) may be obtained by the income reported on the form is and Budget, Room 10226, New calling the Treasury Bureau Clearance correct, and also for statistical use. Executive Office Building, Washington, Officer listed. Comments regarding this DC 20503. information collection should be Respondents: Individuals or addressed to the OMB reviewer listed households. Lois K. Holland, and to the Treasury Department Estimated Number of Respondents/ Departmental Reports Management Officer. Clearance Officer, Department of the Recordkeepers: 26,156,366. [FR Doc. 96–21509 Filed 8–22–96; 8:45 am] Treasury, Room 2110, 1425 New York Estimated Burden Hours Per BILLING CODE 4830±01±P Avenue, NW., Washington, DC 20220. Respondent/Recordkeeper: 43572 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

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

1040A ...... 1 hr., 4 min ...... 2 hr., 30 min ...... 3 hr., 25 min ...... 1 hr., 10 min. Sched. 1 ...... 20 min...... 4 min ...... 10 min ...... 20 min. Sched. 2 ...... 33 min ...... 11 min ...... 40 min ...... 28 min. Sched. 3 ...... 13 min ...... 14 min ...... 25 min ...... 35 min. Sched. EIC ...... 0 min ...... 2 min ...... 4 min ...... 20 min.

Frequency of Response: Annually. Estimated Number of Respondents: Description: The mission of Appeals Estimated Total Reporting/ 6,500,000. is to resolve tax disputes in a fair and Recordkeeping Burden: 220,051,514 Estimated Burden Hours Per impartial way. The Appeals process is a hours. Respondent: 15 minutes. form of dispute resolution. Taxpayers, Clearance Officer: Garrick Shear (202) Frequency of Response: Annually. however, are asking the IRS to consider Estimated Total Reporting Burden: 622–3869, Internal Revenue Service, new ways to resolve tax disputes. Many 1,625,000 hours. Room 5571, 1111 Constitution Avenue, taxpayers are struggling to ‘‘keep N.W., Washington, DC 20224. Clearance Officer: Garrick Shear (202) OMB Reviewer: Alexander T. Hunt 622–3869, Internal Revenue Service, current’’, and to help meet this need, the (202) 395–7340, Office of Management Room 5571, 1111 Constitution Avenue, IRS has developed new approaches to and Budget, Room 10226, New N.W., Washington, DC 20224. settle cases. One of the new approaches Executive Office Building, Washington, OMB Reviewer: Alexander T. Hunt being used by the IRS is the DC 20503. (202) 395–7340, Office of Management Simultaneous Appeals/Competent Lois K. Holland, and Budget, Room 10226, New Authority Program. Departmental Reports Management Officer. Executive Office Building, Washington, In order to determine the effectiveness DC 20503. [FR Doc. 96–21510 Filed 8–22–96; 8:45 am] and identify what customers value Lois K. Holland, BILLING CODE 4830±01±P about this program, timely and accurate Departmental Reports Management Officer. information must be available. [FR Doc. 96–21511 Filed 8–22–96; 8:45 am] Therefore, the Office of Appeals is Submission to OMB for Review; BILLING CODE 4830±01±P proposing to obtain this information Comment Request through the use of this customer satisfaction survey. August 16, 1996. Submission for OMB Review; The Department of the Treasury has Comment Request Respondents: Individuals or submitted the following public households. August 16, 1996. information collection requirement(s) to Estimated Number of Respondents: The Department of the Treasury has OMB for review and clearance under the 30. Paperwork Reduction Act of 1995, submitted the following public Public Law 104–13. Copies of the information collection requirement(s) to Estimated Burden Hours Per submission(s) may be obtained by OMB for review and clearance under the Respondent: 3 minutes. calling the Treasury Bureau Clearance Paperwork Reduction Act of 1995, Frequency of Response: Other. Public Law 104–13. Copies of the Officer listed. Comments regarding this Estimated Total Reporting Burden: 1 information collection should be submission(s) may be obtained by hour, 30 minutes. addressed to the OMB reviewer listed calling the Treasury Bureau Clearance and to the Treasury Department Officer listed. Comments regarding this Clearance Officer: Garrick Shear (202) Clearance Officer, Department of the information collection should be 622–3869, Internal Revenue Service, Treasury, Room 2110, 1425 New York addressed to the OMB reviewer listed Room 5571, 1111 Constitution Avenue, Avenue, NW., Washington, DC 20220. and to the Treasury Department N.W., Washington, DC 20224. Clearance Officer, Department of the OMB Reviewer: Alexander T. Hunt Internal Revenue Service (IRS) Treasury, Room 2110, 1425 New York (202) 395–7860, Office of Management OMB Number: 1545–1309. Avenue, NW., Washington, DC 20220. and Budget, Room 10202, New Form Number: IRS Form 1040PC. SPECIAL REQUEST: In order to conduct Executive Office Building, Washington, Type of Review: Revision. the survey described below in early DC 20503. Title: U.S. Individual Income Tax September 1996, the Department of the Return 1040PC Format. Treasury is requesting that the Office of Lois K. Holland, Description: Form 1040PC is a Management and Budget (OMB) review Departmental Reports Management Officer. computer-generated tax return answer and approve this information collection [FR Doc. 96–21512 Filed 8–22–96; 8:45 am] sheet format prepared by tax by August 29, 1996. To obtain a copy of BILLING CODE 4830±01±P preparation software. The 1040PC is an this survey, please contact the IRS alternative method of filing Form 1040. Clearance Officer at the address listed It will offer direct deposit for taxpayers below. to have their refunds deposited into their personal savings or checking Internal Revenue Service (IRS) accounts by electronic funds transfer. It OMB Number: 1545–1432. will also generate a pre-printed payment Project Number: M:SP:V 96–010G. voucher for use when payment is due to Type of Review: Revision. the IRS. Title: IRS Simultaneous Appeals/ Respondents: Individuals or Competent Authority Program Customer households. Satisfaction Survey. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43573

DEPARTMENT OF THE TREASURY Regulation and Legislation Section, streamline and modify its regulations Legal Division (202/898–3854), and written policies to improve Office of the Comptroller of the Federal Deposit Insurance efficiency, reduce unnecessary costs, Currency Corporation, 550 17th St., NW., eliminate unwarranted constraints on Washington, DC 20549. credit availability, remove [Docket No. 96±17] OTS: Tim Burniston, Director, inconsistencies and outmoded and FEDERAL RESERVE SYSTEM Compliance Policy, (202/906–5629); duplicative requirements, and to work or Richard Blanks, (202/906–7037), jointly with the other federal banking [Docket No. R±0933] Counsel (Banking and Finance), agencies to make uniform all regulations Office of Thrift Supervision, 1700 G implementing common statutory or FEDERAL DEPOSIT INSURANCE Street, NW., Washington, DC 20552. supervisory policies. CORPORATION SUPPLEMENTARY INFORMATION: On March As part of its effort to fulfill the duties 28, 1984, the OCC, FRB, FDIC, and the DEPARTMENT OF THE TREASURY imposed by section 303 of the CDRI Act, Federal Home Loan Bank Board (the the agencies have reviewed the predecessor to the OTS) (collectively, Office of Thrift Supervision statement of policy concerning delayed the agencies) issued a policy statement availability of funds and have [Order No. 96±81] to encourage and assist the efforts of concluded that it has been made depository institutions in voluntarily superfluous by the enactment of the Interagency Policy Statement addressing the problems caused as a Regarding Delayed Availability of EFAA and the promulgation of result of some depository institutions Regulation CC. The agencies have Funds delaying a depositor’s ability to therefore decided to withdraw this withdraw funds deposited by check, a AGENCIES: Office of the Comptroller of statement of policy, thereby furthering practice often referred to as ‘‘delayed the section 303 goal of removing the Currency (OCC), Department of the availability of funds.’’ 49 FR 11868. Treasury; Board of Governors of the The policy statement called for those outmoded and duplicative Federal Reserve System (FRB); Federal financial institutions that delayed requirements. Deposit Insurance Corporation (FDIC); availability to voluntarily review and The Agencies’ Action Office of Thrift Supervision (OTS), disclose their policies, and to refrain Department of the Treasury from imposing unnecessary delays on The agencies hereby withdraw the (collectively, the agencies). all checks, particularly on Social Statement. ACTION: Withdrawal of statement of Security and other government checks. Dated at Washington, D.C. this 15th day of policy. In reviewing their availability policies, August, 1996. institutions were asked to consider Office of the Comptroller of the Currency. SUMMARY: The agencies are withdrawing taking into account factors that indicate Eugene A. Ludwig, their joint statement of policy entitled whether a given situation presents a risk Comptroller of the Currency. ‘‘Delayed Availability of Funds’’ (the of loss and to provide a means for Statement) on the ground that it is depositors to request that an exception By order of the Secretary of the Board, superfluous. acting pursuant to delegated authority for the be made to the standard hold policy. Board of Governors of the Federal Reserve EFFECTIVE DATE: The removal of the On August 10, 1987, the Expedited System, August 12, 1996. Statement of Policy is effective August Funds Availability Act (the EFAA) was Jennifer J. Johnson, 23, 1996. enacted. The EFAA requires institutions to disclose their funds availability Deputy Secretary of the Board. FOR FURTHER INFORMATION CONTACT: policies. It also lists specific time By order of the Board of Directors. OCC: Bert Otto, Acting Deputy periods during which a depository Dated at Washington, D.C. this 13th day of Comptroller, (202/874–5224), Office institution must make deposited funds August, 1996. of the Comptroller of the Currency, available to its account holders. The Federal Deposit Insurance Corporation. 250 E Street, SW., Washington, DC EFAA directs the FRB to promulgate Jerry L. Langley, 20219. implementing regulations to carry out Executive Secretary. FRB: Manley Williams, Staff Attorney, the EFAA’s provisions. The FRB Dated at Washington, D.C., this 14th day of Division of Consumer and fulfilled this responsibility by August, 1996. Community Affairs (202/452–3667), promulgating 12 CFR Part 229— Office of Thrift Supervision. Board of Governors of the Federal Availability of Funds and Collection of John F. Downey, Reserve System, 20th and C Streets, Checks (Regulation CC). See 53 FR Executive Director, Supervision. NW., Washington, DC 20551. 19433 (May 27, 1988). [FR Doc. 96–21474 Filed 8–22–96; 8:45 am] FDIC: Louise Kotoshirodo, Review Section 303 of the Riegle Community Examiner, Division of Compliance Development and Regulatory BILLING CODE OOC 4810±33±P (25%) BILLING CODE BOARD 6210±01±P (25%) and Consumer Affairs, (202/942– Improvement Act of 1994 (the CDRI Act) BILLING CODE FDIC 6714±01±P (25%) 3599); or Mark A. Mellon, Counsel, requires each federal banking agency to BILLING CODE OTS 6720±01±P (25%) 43574

Corrections Federal Register Vol. 61, No. 165

Friday, August 23, 1996

This section of the FEDERAL REGISTER SECURITIES AND EXCHANGE SECURITIES AND EXCHANGE contains editorial corrections of previously COMMISSION COMMISSION published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are [Release No. 34-37271; File No. 10-100] [Release No. 34-37476; File No. SR-NYSE- prepared by the Office of the Federal 95-43] Register. Agency prepared corrections are Exempted Exchanges; AZX, Inc.; Order issued as signed documents and appear in Amending Exemption Order and Self-Regulatory Organizations; the the appropriate document categories Granting Amendment to Application New York Stock Exchange, Inc.; Order elsewhere in the issue. for Exemption From Registration as an Granting Approval to Proposed Rule Exchange Under Section 5 of the Change Relating to Amendments to Securities Exchange Act of 1934; Final Exchange Rules 27, 476(a)(11), and 477 OFFICE OF PERSONNEL Order Correction MANAGEMENT Correction In notice document 96–19466 5 CFR Part 531 In notice document 96–14399 beginning on page 40056 in the issue of beginning on page 29145 in the issue of Wednesday, July 31, 1996 make the RIN 3206-AG88 Friday, June 7, 1996 the docket number following correction: should read as set forth above. On page 40058, in the first column, Pay Under the General Schedule; BILLING CODE 1505±01±D after the second full paragraph insert the Locality Pay Areas for 1997 following: Margaret H. McFarland, Correction SECURITIES AND EXCHANGE Deputy Secretary. COMMISSION In the correction to rule document BILLING CODE 1505±01±D 96–20092 published on page 42939 in Issuer Delisting; Notice of Application the issue of Monday, August 19, 1996 to Withdraw From Listing and make the following correction: Registration; (Heritage Media SECURITIES AND EXCHANGE Corporation, Class A Common Stock, COMMISSION §531.603 [Corrected] $.01 Par Value) File No. 1-10015 [Rel. No. IC-22110; 812-10108] In the third column, the heading Correction ‘‘§ 561.603 [Corrected]’’ should read as The Lazard Funds, Inc., et al.; Notice of set forth above. In notice document 96–20180 Application appearing on page 41434 in the issue of BILLING CODE 1505±01±D Thursday, August 8, 1996 make the Correction following correction: In notice document 96–19839 In the first column, under the subject beginning on page 40682 in the issue of heading ‘‘Issuer Delisting; Notice of Monday, August 5, 1996 make the Application to Withdraw From Listing following correction: and Registration; (Heritage Media On page 40682, in the first column, Corporation, Class A Common Stock, under the subject heading‘‘The Lazard $.01 Par Value) File No. 1-10015’’ insert Funds, Inc., et al.; Notice of ‘‘August 2, 1996.’’. Application’’ insert ‘‘July 30, 1996.’’.

BILLING CODE 1505±01±D BILLING CODE 1505±01±D federal register August 23,1996 Friday Assist theHomeless;Notice Federal PropertySuitableasFacilitiesto Community PlanningandDevelopment; Office oftheAssistantSecretaryfor Development Housing andUrban Department of Part II 43575 43576 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

DEPARTMENT OF HOUSING AND Properties listed as suitable/available Civilian Facilities, Pulaski Building, URBAN DEVELOPMENT will be available exclusively for Room 4224, 20 Massachusetts Avenue, homeless use for a period of 60 days NW, Washington, DC 20314–1000; (202) [Docket No. FR±3778±N±99] from the date of this Notice. Homeless 761–1749; Transportation: Mr. Ronald assistance providers interested in any D. Keefer, Director of Administrative Office of the Assistant Secretary for such property should send a written Services and Property Management, Community Planning and expression of interest to HHS, addressed Department of Transportation, 400 7th Development; Federal Property to Brian Rooney, Division of Property Street, SW, Room 10319, Washington, Suitable as Facilities To Assist the Management, Program Support Center, DC 20590; (202) 366–4246; (These are Homeless HHS, room 5B–41, 5600 Fishers Lane, not toll-free numbers). Rockville, MD 20857; (301) 443–2265. Dated: August 15, 1996. AGENCY: Office of the Assistant (This is not a toll-free number.) HHS Jacquie M. Lawing, Secretary for Community Planning and will mail to the interested provider an Development, HUD. application packet, which will include Deputy Assistant Secretary for Economic Development. ACTION: Notice. instructions for completing the application. In order to maximize the Title V, Federal Surplus Property SUMMARY: This Notice identifies opportunity to utilize a suitable Program Federal Register Report for 08/ unutilized, underutilized, excess, and property, providers should submit their 23/96 surplus Federal property reviewed by written expressions of interest as soon Suitable/Available Properties HUD for suitability for possible use to as possible. For complete details assist the homeless. concerning the processing of Buildings (by State) FOR FURTHER INFORMATION CONTACT: applications, the reader is encouraged to Arizona Mark Johnston, room 7256, Department refer to the interim rule governing this Facility #32 of Housing and Urban Development, program, 24 CFR Part 581. Gila Bend AF Auxiliary Field 451 Seventh Street SW, Washington, DC For properties listed as suitable/to be Gila Bend Co: Maricopa AZ 86025– 20410; telephone (202) 708–1226; TDD excess, that property may, if Landholding Agency: Air Force number for the hearing- and speech- subsequently accepted as excess by Property Number: 189510031 impaired (202) 708–2565 (these GSA, be made available for use by the Status: Excess telephone numbers are not toll-free), or homeless in accordance with applicable Comment: 1200 sq. ft., wood frame, 1 story, call the toll-free Title V information line law, subject to screening for other good condition, off-site removal only, most recent use—hobby shop. at 1–800–927–7588. Federal use. At the appropriate time, 38 Family Housing SUPPLEMENTARY INFORMATION: In HUD will publish the property in a Notice showing it as either suitable/ Gila Bend AF Auxiliary Field accordance with 24 CFR Part 581 and Gila Bend Co: Maricopa AZ 86025– section 501 of the Stewart B. McKinney available or suitable/unavailable. For properties listed as suitable/ Landholding Agency: Air Force Homeless Assistance Act (42 U.S.C. Property Number: 189510036 unavailable, the landholding agency has 11411), as amended, HUD is publishing Status: Excess decided that the property cannot be this Notice to identify Federal buildings Comment: 1170 sq. ft. ea., 1 story relocatable declared excess or made available for and other real property that HUD has framed residences, good condition, secured use to assist the homeless, and the reviewed for suitability for use to assist area w/alternate access. property will not be available. 26 Family Housing the homeless. The properties were Properties listed as unsuitable will reviewed using information provided to Gila Bend AF Auxiliary Field not be made available for any other Gila Bend Co: Maricopa AZ 86025– HUD by Federal landholding agencies purpose for 20 days from the date of this Landholding Agency: Air Force regarding unutilized and underutilized Notice. Homeless assistance providers Property Number: 189510037 buildings and real property controlled interested in a review by HUD of the Status: Excess by such agencies or by GSA regarding determination of unsuitability should Comment: 1456 sq. ft. ea., 1 story slump its inventory of excess or surplus call the toll free information line at 1– block frame residences, off-site removal Federal property. This Notice is also 800–927–7588 for detailed instructions only, good condition. published in order to comply with the or write a letter to Mark Johnson at the 18 Detached Garages December 12, 1988 Court Order in address listed at the beginning of this Gila Bend AF Auxiliary Field National Coalition for the Homeless v. Gila Bend Co: Maricopa AZ 86025– Notice. Included in the request for Location: Inc. bldgs. 630, 640, 670, 680, 710, Veterans Administration, No. 88–2503– review should be the property address OG (D.D.C.). 720, 760, 790, 800, 820, 840, 870, 880, 910, (including ZIP Code), the date of 920, 950, 960 on Milan Loop Properties reviewed are listed in this publication in the Federal Register, the Landholding Agency: Air Force Notice according to the following landholding agency, and the property Property Number: 189510039 categories: Suitable/available, suitable/ number. Status: Excess unavailable, suitable/to be excess, and For more information regarding Comment: 186 sq. ft. ea., wood frame, 1 story, unsuitable. The properties listed in the particular properties identified in this good condition, off-site removal only, most three suitable categories have been Notice (i.e., acreage, floor plan, existing recent use—storage. reviewed by the landholding agencies, sanitary facilities, exact street address), Facility #1004 and each agency has transmitted to providers should contact the Gila Bend AF Auxiliary Field HUD: (1) Its intention to make the appropriate landholding agencies at the Gila Bend Co: Maricopa AZ 86025– Landholding Agency: Air Force property available for use to assist the following addresses: Air Force: Ms. Property Number: 189510040 homeless, (2) its intention to declare the Barbara Jenkins, Air Force Real Estate Status: Excess property excess to the agency’s needs, or Agency (Area-MI), Bolling Air Force Comment: 1734 sq. ft., slump blocks frame, (3) a statement of the reasons that the Base, 112 Luke Avenue, Suite 104, 1 story, good condition, off-site removal property cannot be declared excess or Building 5683, Washington, DC 20332– only, most recent use—residence. made available for use as facilities to 8020; (202) 767–4184; COE: Mr. Bob Facility #4520 assist the homeless. Swieconek, Army Corps of Engineers, Gila Bend AF Auxiliary Field Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43577

Gila Bend Co: Maricopa AZ 86025– Point Arena Air Force Station Co: Mendocino Facility No. 0001 Landholding Agency: Air Force CA 95468–5000 Cocoa Beach Comm. Annex No. 2 Property Number: 189510043 Landholding Agency: Air Force Cocoa Beach Co: Brevard FL 32931– Status: Excess Property Number: 189010244 Landholding Agency: Air Force Comment: 7800 sq. ft., prefab steel frame, 2 Status: Unutilized Property Number: 189610010 story, good condition, off-site removal Comment: 1232 sq. ft.; stucco-wood frame; Status: Unutilized only, most recent use—dormitory. most recent use—housing. Comment: telephone switchgear bldg., 474 Facility #4252 Bldg. 617 sq. ft., possible asbestos. Gila Bend AF Auxiliary Field Point Arena Air Force Station Co: Mendocino Facility No. 00901 Gila Bend Co: Maricopa AZ 86025– CA 95468–5000 Cocoa Beach Comm. Annex No. 1 Landholding Agency: Air Force Landholding Agency: Air Force Cocoa Beach Co: Brevard FL 32931– Property Number: 189510044 Property Number: 189010245 Landholding Agency: Air Force Status: Excess Status: Unutilized Property Number: 189610011 Comment: 144 sq. ft., metal frame, 1 story, Comment: 1232 sq. ft.; stucco-wood frame; Status: Unutilized good condition, off-site removal only, most most recent use—housing. Comment: 1100 sq. ft., telephone switch recent use—storage. Bldg. 618 bldg., possible asbestos. California Point Arena Air Force Station Co: Mendocino Idaho CA 95468–5000 Bldg. 604 Bldg. 121 Landholding Agency: Air Force Point Arena Air Force Station Co: Mendocino Mountain Home Air Force Base Property Number: 189010246 CA 95468–5000 Main Avenue (See County) Co: Elmore ID Status: Unutilized Landholding Agency: Air Force 83648– Comment: 1232 sq. ft.; stucco-wood frame; Property Number: 189010237 Landholding Agency: Air Force most recent use—housing; needs rehab. Status: Unutilized Property Number: 189030007 Comment: 1232 sq. ft.; stucco-wood frame; Colorado Status: Excess most recent use—housing. Bldg. 08000 Comment: 3375 sq. ft.; 1 story wood frame; Bldg. 605 Lamar Comm. Facility potential utilities; needs rehab; presence of Point Arena Air Force Station Co: Mendocino La Mar Co: Prowers CO 81052– asbestos; building is set on piers; most CA 95468–5000 Landholding Agency: Air Force recent use—medical administration, Landholding Agency: Air Force Property Number: 189620034 veterinary services. Property Number: 189010238 Status: Excess Bldg. 611 Status: Unutilized Comment: 2332 sq. ft. bldg. on approx 3.67 Mountain Home Air Force Base Comment: 1232 sq. ft.; stucco-wood frame; acres, hook-ups disconnected, needs Mountain Home AFB Co: Elmore ID 83648– most recent use—housing. repair. Landholding Agency: Air Force Property Number: 189440016 Bldg. 612 District of Columbia Point Arena Air Force Station Co: Mendocino Status: Underutilized CA 95468–5000 Dalecarlia Reservior Comment: 3200 sq. ft., 1 story wood frame, Landholding Agency: Air Force Bldgs. 5900, 5902, 5904, 5906, 5908, 5910 needs repair, presence of led base paint Property Number: 189010239 Washington Aqueduct and asbestos, most recent use—base Status: Unutilized Washington DC 20016– chapel. Comment: 1232 sq. ft.; stucco-wood frame; Landholding Agency: COE Bldg. 2201 most recent use—housing. Property Number: 319610004 Mountain Home Air Force Base Status: Excess Bldg. 611 Mountain Home Co: Elmore ID 83648– Comment: brick/frame residences in poor Landholding Agency: Air Force Point Arena Air Force Station Co: Mendocino condition w/2 floors and basement, CA 95468–5000 Property Number: 189520005 presence of asbestos, on National Historic Landholding Agency: Air Force Status: Underutilized Register, off-site use only. Property Number: 189010240 Comment: 6804 sq. ft., 1 story wood frame, Status: Unutilized Florida most recent use—temporary garage for base fire dept. vehicles, presence of lead paint Comment: 1232 sq. ft.; stucco-wood frame; Bldg. 244 and asbestos shingles. most recent use—housing. MacDill Auxiliary Airfield No. 1 Bldg. 613 Avon Park Co: Polk FL 33825– Iowa Point Arena Air Force Station Co: Mendocino Landholding Agency: Air Force Bldg. 00627 CA 95468–5000 Property Number: 189520001 Sioux Gateway Airport Landholding Agency: Air Force Status: Excess Sioux City Co: Woodbury IA 51110– Property Number: 189010241 Comment: 6239 sq. ft., masonry frame, needs Landholding Agency: Air Force Status: Unutilized rehab, secured area w/alternate access, Property Number: 189310001 Comment: 1232 sq. ft.; stucco-wood frame; most recent use—commissary. Status: Unutilized most recent use—housing. Bldg. 242 Comment: 1932 sq. ft., 1-story concrete block Bldg. 614 MacDill Auxiliary Airfield No. 1 bldg., most recent use—storage, pigeon Point Arena Air Force Station Co: Mendocino Avon Park Co: Polk FL 33825– infested, contamination investigation in CA 95648–5000 Landholding Agency: Air Force progress. Landholding Agency: Air Force Property Number: 189520002 Bldg. 00669 Property Number: 189010242 Status: Excess Sioux Gateway Airport Status: Unutilized Comment: 8554 sq. ft., steel frame module, Sioux City Co: Woodbury IA 51110– Comment: 1232 sq. ft.; stucco-wood frame; secured area w/alternate access, most Landholding Agency: Air Force most recent use—housing. recent use—exchange branch. Property Number: 189310002 Bldg. 615 Bldg. 427 Status: Unutilized Point Arena Air Force Station Co: Mendocino MacDill Auxiliary Airfield No. 1 Comment: 1113 sq. ft., 1-story concrete block CA 95468–5000 Avon Park Co: Polk FL 33825– bldg., contamination clean-up in process. Landholding Agency: Air Force Landholding Agency: Air Force Bldg.—Bridgeview Property Number: 189010243 Property Number: 189520003 Rathbun Lake Project, R.R. #3 Status: Unutilized Status: Excess Centerville Co: Appanoose IA 52544– Comment: 1232 sq. ft.; stucco-wood frame; Comment: 5258 sq. ft., metal and masonry Landholding Agency: COE most recent use—housing. frame, secured area w/alternate access, Property Number: 319340003 Bldg. 616 most recent use—bowling center. Status: Unutilized 43578 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Comment: 416 sq. ft., 1-story, most recent Johnston Co: Polk IA 50131– Comment: 720 sq. ft. bldg., needs repair, off- use—storage, needs major rehab, off-site Landholding Agency: COE site use only. use only. Property Number: 319530039 Kentucky Bldg.—Island View Status: Excess Green River Lock & Dam #3 Rathbun Lake Project, R.R. #3 Comment: 100 sq. ft., fair condition, presence Rochester Co: Butler, KY 42273– Centerville Co: Appanoose IA 52544– of asbestos/lead paint, off-site use only, Location: SR 70 west from Morgantown, KY., Landholding Agency: COE most recent use—storage. approximately 7 miles to site. Property Number: 319340004 Shed Landholding Agency: COE Status: Unutilized Tract 138, Camp Dodge Property Number: 319010022 Comment: 416 sq. ft., 1-story, most recent Johnston Co: Polk IA 50131– Status: Unutilized use—storage, needs major rehab, off-site Landholding Agency: COE Comment: 980 sq. ft.; 2 story wood frame; use only. Property Number: 319530040 two story residence; potential utilities; Status: Excess Bldg.—Rolling Cove needs major rehab. Rathbun Lake Project, R.R. #3 Comment: 384 sq. ft., fair condition, presence Kentucky River Lock and Dam 3 Centerville Co: Appanoose IA 52544– of asbestos/lead paint, off-site use only, Pleasureville Co: Henry KY 40057– Landholding Agency: COE most recent use—storage. Location: SR 421 North from Frankfort, KY. Property Number: 319340005 Barn to highway 561, right on 561 Status: Unutilized Tract 138, Camp Dodge approximately 3 miles to site. Comment: 416 sq. ft., 1-story, most recent Johnston Co: Polk, IA 50131– Landholding Agency: COE use—storage, needs major rehab, off-site Landholding Agency: COE Property Number: 319010060 use only. Property Number: 319530041 Status: Unutilized Status: Excess Silo Comment: 897 sq. ft.; 2 story wood frame; Comment: 1280 sq.ft., needs rehab, presence Tract 100, Camp Dodge structural deficiencies. of asbestos/lead paint, off-site use only. Johnston Co: Polk IA 50131– Bldg. 1 House Landholding Agency: COE Kentucky River Lock and Dam Tract 126, Camp Dodge Property Number: 319530033 Carrolton Co: Carroll, KY 41008– Johnston Co: Polk, IA 50131– Status: Excess Location: Take I–71 to Carrolton, KY exit, go Landholding Agency: COE Comment: Concrete block, 1 story, presence east on SR #227 to Highway 320, then left Property Number: 319530042 of asbestos/lead paint, most recent use— for about 1.5 miles to site. Status: Excess storage, off-site use only. Landholding Agency: COE Comment: 3583 sq. ft., wood frame, presence Shed Property Number: 319011628 of asbestos/lead paint, off-site use only. Tract 100, Camp Dodge Status: Unutilized Johnston Co: Polk IA 50131– Grain Bin Comment: 1530 sq. ft.; 2 story wood frame Landholding Agency: COE Tract 139, Camp Dodge house; subject to periodic flooding; needs Property Number: 319530034 Johnston Co: Polk IA 50131– rehab. Landholding Agency: COE Status: Excess Bldg. 2 Property Number: 319530043 Comment: Wood frame, off-site only, most Kentucky River Lock and Dam Status: Excess recent use—dog house. Carrolton Co: Carroll, KY 41008– Comment: Most recent use—grain bin/ White Shed Location: Take I–71 to Carrolton, KY exit, go storage, fair condition, off-site use only. Tract 130, Camp Dodge east on SR #227 to Highway 320, then left Johnston Co: Polk IA 50131– Tract 141 for about 1.5 miles to site. Landholding Agency: COE Melos, Stanley, Camp Dodge Landholding Agency: COE Property Number: 319530035 Johnston Co: Polk, IA 50131– Property Number: 319011629 Status: Excess Landholding Agency: COE Status: Unutilized Comment: 144 sq. ft., fair condition, presence Property Number: 319610005 Comment: 1530 sq. ft.; 2 story wood frame of asbestos/lead paint, off-site use only, Status: Excess house; subject to periodic flooding; needs most recent use—storage. Comment: 1104 sq. ft., most recent use— rehab. Play House storage, needs rehab, possible asbestos, off- Utility Bldg, Nolin River Lake Tract 130, Camp Dodge site use only. Moutardier Recreation Site Co: Edmonson, Johnston Co: Polk IA 50131– Kansas KY Landholding Agency: COE Trailer—Clinton Lake Landholding Agency: COE Property Number: 319530036 Rt. 5, Box 109B Property Number: 319320002 Status: Excess Lawrence Co: Douglas, KS 66046– Status: Unutilized Comment: 120 sq. ft., good condition, Landholding Agency: COE Comment: 541 sq. ft., concrete block, off-site presence of asbestos/lead paint, off-site use Property Number: 319410003 use only. only. Status: Excess Michigan Corn Crib Comment: double-wide trailer (24x50), most Bldg. 30, Tract 136, Camp Dodge recent use—residence, needs repair, off-site Calumet Air Force Station Johnston Co: Polk IA 50131– use only. Calumet Co: Keweenaw, MI 49913– Landholding Agency: COE Washhouse/shower Landholding Agency: Air Force Property Number: 319530037 Pomona Lake Property Number: 189010779 Status: Excess Vassar Co: Osage, KS 66543– Status: Excess Comment: Most recent use—storage, fair Landholding Agency: COE Comment: 2593 sq. ft.; 1 floor; concrete condition, off-site use only. Property Number: 319620002 block; possible asbestos; potential utilities; Pole Shed Status: Excess most recent use—communications Tract 137, Camp Dodge Comment: 1274 sq. ft. metal bldg., most transmitter building. Johnston Co: Polk IA 50131– recent use—storage, needs repair, off-site Bldg. 46 Landholding Agency: COE use only. Calumet Air Force Station Property Number: 319530038 Water Treatment Bldg. Calumet Co: Keweenaw MI 49913– Status: Excess Pomona Lake Landholding Agency: Air Force Comment: 720 sq. ft., fair condition, off-site Vassar Co: Osage KS 66543– Property Number: 189010786 use only, most recent use—storage. Landholding Agency: COE Status: Excess Storage Shed Property Number: 319620003 Comment: 5898 sq. ft.; 2 story; concrete Tract 138, Camp Dodge Status: Excess block; potential utilities; possible asbestos; Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43579

most recent use—visiting personnel Bldg. 60 Calumet Co: Keweenaw MI 49913– housing. Calumet Air Force Station Landholding Agency: Air Force Bldg 51 Calumet Co: Keweenaw MI 49913– Property Number: 189010809 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010800 Comment: 1394 sq. ft.; 1 story concrete block; Landholding Agency: Air Force Status: Excess possible asbestos; most recent use—youth Property Number: 189010791 Comment: 1134 sq. ft.; 1 story wood frame center. Status: Excess residence with garage; possible asbestos. Bldg. 72 Comment: 1134 sq. ft.; 1 story wood frame Bldg. 61 Calumet Air Force Station residence with garage; possible asbestos. Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Bldg. 52 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Calumet Air Force Station Landholding Agency: Air Force Property Number: 189010811 Calumet Co: Keweenaw MI 49913– Property Number: 189010801 Status: Excess Landholding Agency: Air Force Status: Excess Comment: 1168 sq. ft.; 1 story wood frame Property Number: 189010792 Comment: 1134 sq. ft.; 1 story wood frame residence; potential utilities; possible Status: Excess residence with garage; possible asbestos. asbestos. Comment: 1134 sq. ft.; 1 story wood frame Bldg. 62 Bldg. 73 residence with garage; possible asbestos. Calumet Air Force Station Calumet Air Force Station Bldg. 53 Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Landholding Agency: Air Force Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Property Number: 189010802 Property Number: 189010812 Landholding Agency: Air Force Status: Excess Status: Excess Property Number: 189010793 Comment: 1134 sq. ft.; 1 story wood frame Comment: 1168 sq. ft.; 1 story wood frame Status: Excess residence with garage; possible asbestos. residence; potential utilities; possible Comment: 1134 sq. ft.; 1 story wood frame Bldg. 63 asbestos. residence with garage; possible asbestos. Calumet Air Force Station Bldg. 74 Bldg. 54 Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Calumet Air Force Station Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Property Number: 189010803 Landholding Agency: Air Force Landholding Agency: Air Force Status: Excess Property Number: 189010813 Property Number: 189010794 Comment: 1306 sq. ft.; 1 story wood frame Status: Excess Status: Excess residence with garage; possible asbestos. Comment: 1168 sq. ft.; 1 story frame Comment: 1134 sq. ft.; 1 story wood frame Bldg. 64 residence; potential utilities; possible residence with garage; possible asbestos. Calumet Air Force Station asbestos. Bldg. 55 Calumet Co: Keweenaw MI 49913– Bldg. 75 Calumet Air Force Station Landholding Agency: Air Force Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Property Number: 189010804 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 189010795 Comment: 1306 sq. ft.; 1 story wood frame Property Number: 189010814 Status: Excess residence with garage; possible asbestos. Status: Excess Comment: 1134 sq. ft.; 1 story wood frame Bldg. 65 Comment: 1168 sq. ft.; 1 story wood frame residence with garage; possible asbestos. Calumet Air Force Station residence; potential utilities; possible Bldg. 56 Calumet Co: Keweenaw MI 49913– asbestos. Calumet Air Force Station Landholding Agency: Air Force Bldg. 76 Calumet Co: Keweenaw MI 49913– Property Number: 189010805 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010796 Comment: 1306 sq. ft.; 1 story wood frame Landholding Agency: Air Force Status: Excess residence with garage; possible asbestos. Property Number: 189010815 Comment: 1134 sq. ft.; 1 story wood frame Bldg. 66 Status: Excess residence with garage; possible asbestos. Calumet Air Force Station Comment: 1168 sq. ft.; 1 story wood frame Bldg. 57 Calumet Co: Keweenaw MI 49913– residence; potential utilities; possible Calumet Air Force Station Landholding Agency: Air Force asbestos. Calumet Co: Keweenaw MI 49913– Property Number: 189010806 Bldg. 77 Landholding Agency: Air Force Status: Excess Calumet Air Force Station Property Number: 189010797 Comment: 1306 sq. ft.; 1 story wood frame Calumet Co: Keweenaw MI 49913– Status: Excess residence with garage; possible asbestos. Landholding Agency: Air Force Comment: 1134 sq. ft.; 1 story wood frame Bldg. 67 Property Number: 189010816 residence with garage; possible asbestos. Calumet Air Force Station Status: Excess Bldg. 58 Calumet Co: Keweenaw MI 49913– Comment: 1168 sq. ft.; 1 story wood frame Calumet Air Force Station Landholding Agency: Air Force residence; potential utilities; possible Calumet Co: Keweenaw MI 49913– Property Number: 189010807 asbestos. Landholding Agency: Air Force Status: Excess Bldg. 78 Property Number: 189010798 Comment: 1306 sq. ft.; 1 story wood frame Calumet Air Force Station Status: Excess residence with garage; possible asbestos. Calumet Co: Keweenaw MI 49913– Comment: 1134 sq. ft.; 1 story wood frame Bldg. 68 Landholding Agency: Air Force residence with garage; possible asbestos. Calumet Air Force Station Property Number: 189010817 Bldg. 59 Calumet Co: Keweenaw MI 49913– Status: Excess Calumet Air Force Station Landholding Agency: Air Force Comment: 1168 sq. ft.; 1 story wood frame Calumet Co: Keweenaw MI 49913– Property Number: 189010808 residence; potential utilities; possible Landholding Agency: Air Force Status: Excess asbestos. Property Number: 189010799 Comment: 1478 sq. ft.; 1 story wood frame Bldg. 79 Status: Excess residence with garage; possible asbestos. Calumet Air Force Station Comment: 1134 sq. ft.; 1 story wood frame Bldg. 70 Calumet Co: Keweenaw MI 49913– residence with garage; possible asbestos. Calumet Air Force Station Landholding Agency: Air Force 43580 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Property Number: 189010818 Comment: 1168 sq. ft.; 1 story wood frame Status: Excess Status: Excess residence; potential utilities; possible Comment: 780 sq. ft.; 1 story wood frame Comment: 1168 sq. ft.; 1 story wood frame asbestos. housing garage. residence; potential utilities; possible Bldg. 88 Bldg. 220 asbestos. Calumet Air Force Station Calumet Air Force Station Bldg. 80 Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Landholding Agency: Air Force Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Property Number: 189010827 Property Number: 189010851 Landholding Agency: Air Force Status: Excess Status: Excess Property Number: 189010819 Comment: 1168 sq. ft.; 1 story wood frame Comment: 780 sq. ft.; 1 story wood frame Status: Excess residence; potential utilities; possible housing garage. Comment: 1168 sq. ft.; 1 story wood frame asbestos. Bldg. 221 residence; potential utilities; possible Bldg. 89 Calumet Air Force Station asbestos. Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Bldg. 81 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Calumet Air Force Station Landholding Agency: Air Force Property Number: 189010852 Calumet Co: Keweenaw MI 49913– Property Number: 189010828 Status: Excess Landholding Agency: Air Force Status: Excess Comment: 780 sq. ft.; 1 story wood frame Property Number: 189010820 Comment: 1168 sq. ft.; 1 story wood frame housing garage. Status: Excess residence; potential utilities; possible Bldg. 222 Comment: 1168 sq. ft.; 1 story wood frame asbestos. Calumet Air Force Station residence; potential utilities; possible Bldg. 97 Calumet Co: Keweenaw MI 49913– asbestos. Calumet Air Force Station Landholding Agency: Air Force Property Number: 189010853 Bldg. 82 Calumet Co: Keweenaw MI 49913– Status: Excess Calumet Air Force Station Landholding Agency: Air Force Property Number: 189010829 Comment: 780 sq. ft.; 1 story wood frame Calumet Co: Keweenaw MI 49913– housing garage. Landholding Agency: Air Force Status: Excess Property Number: 189010821 Comment: 171 sq. ft.; 1 floor; potential Bldg. 223 Status: Excess utilities; most recent use—pump house. Calumet Air Force Station Comment: 1168 sq. ft.; 1 story wood frame Bldg. 98 Calumet Co: Keweenaw MI 49913– residence; potential utilities; possible Calumet Air Force Station Landholding Agency: Air Force Property Number: 189010854 asbestos. Calumet Co: Keweenaw MI 49913– Status: Excess Landholding Agency: Air Force Bldg. 83 Comment: 780 sq. ft.; 1 story wood frame Property Number: 189010830 Calumet Air Force Station housing garage. Calumet Co: Keweenaw MI 49913– Status: Excess Bldg. 224 Landholding Agency: Air Force Comment: 114 sq. ft.; 1 floor; potential utilities; most recent use—pump house. Calumet Air Force Station Property Number: 189010822 Calumet Co: Keweenaw MI 49913– Status: Excess Bldg. 10 Landholding Agency: Air Force Comment: 1168 sq. ft.; 1 story wood frame Calumet Air Force Station Property Number: 189010855 residence; potential utilities; possible Calumet Co: Keweenaw MI 49913– Status: Excess asbestos. Landholding Agency: Air Force Comment: 780 sq. ft.; 1 story wood frame Bldg. 84 Property Number: 189010836 housing garage. Status: Excess Calumet Air Force Station Bldg. 215 Calumet Co: Keweenaw MI 49913– Comment: 1056 sq. ft.; 1 story wood frame residence. Calumet Air Force Station Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Property Number: 189010823 Bldg. 216 Landholding Agency: Air Force Status: Excess Calumet Air Force Station Property Number: 189010856 Comment: 1168 sq. ft.; 1 story wood frame Calumet Co: Keweenaw MI 49913– Status: Excess residence; potential utilities; possible Landholding Agency: Air Force Comment: 390 sq. ft.; 1 story wood frame asbestos. Property Number: 189010847 housing garage. Status: Excess Bldg. 85 Bldg. 212 Comment: 780 sq. ft.; 1 story wood frame Calumet Air Force Station Calumet Air Force Station housing garage. Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Bldg. 217 Landholding Agency: Air Force Property Number: 189010824 Calumet Air Force Station Property Number: 189010859 Status: Excess Calumet Co: Keweenaw MI 49913– Status: Excess Comment: 1168 sq. ft.; 1 story wood frame Landholding Agency: Air Force Comment: 780 sq. ft.; 1 story wood frame residence; potential utilities; possible Property Number: 189010848 housing garage. asbestos. Status: Excess Bldg. 214 Bldg. 86 Comment: 780 sq. ft.; 1 story wood frame Calumet Air Force Station Calumet Air Force Station housing garage. Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Bldg. 218 Landholding Agency: Air Force Landholding Agency: Air Force Calumet Air Force Station Property Number: 189010861 Property Number: 189010825 Calumet Co: Keweenaw MI 49913– Status: Excess Status: Excess Landholding Agency: Air Force Comment: 780 sq. ft.; 1 story wood frame Comment: 1168 sq. ft.; 1 story wood frame Property Number: 189010849 housing garage. residence; potential utilities; possible Status: Excess Bldg. 23 asbestos. Comment: 780 sq. ft.; 1 story wood frame Calumet Air Force Station Bldg. 87 housing garage. Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Bldg. 219 Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Property Number: 189010865 Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Status: Excess Property Number: 189010826 Landholding Agency: Air Force Comment: 44 sq. ft.; 1 story; metal frame; Status: Excess Property Number: 189010850 prior use—storage of fire hoses. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43581

Bldg. 24 Comment: 6843 sq. ft., 1 story brick frame, Comment: 2541 sq. ft. residence, available for Calumet Air Force Station good condition, most recent use—technical interim use for nonresidential purposes. Calumet Co: Keweenaw MI 49913– training site. Pennsylvania Landholding Agency: Air Force Bldg. 110 Mahoning Creek Reservoir Property Number: 189010866 Forsyth Training Site Co: Rosebud MT Status: Excess New Bethlehem Co: Armstrong PA 16242– Landholding Agency: Air Force Landholding Agency: COE Comment: 44 sq. ft.; 1 story; metal frame; Property Number: 189610001 Property Number: 319210008 prior use—storage of fire hoses. Status: Unutilized Status: Unutilized Bldg. 36 Comment: 6843 sq. ft., needs repair, on top Comment: 1015 sq. ft., 2 story brick Calumet Air Force Station of bluff, most recent use—offices. residence, off-site use only. Calumet Co: Keweenaw MI 49913– Bldg. 112 One Unit/Residence Landholding Agency: Air Force Forsyth Training Site Co: Rosebud MT Conemaugh River Lake, RD #1, Box 702 Property Number: 189010872 Landholding Agency: Air Force Saltburg Co: Indiana PA 15681– Status: Excess Property Number: 189610002 Landholding Agency: COE Comment: 25 sq. ft.; 1 floor metal frame; prior Status: Unutilized Property Number: 319430011 use—storage of fire hoses. Comment: 586 sq. ft., most recent use—cold Status: Unutilized Bldg. 37 storage. Comment: 2642 sq. ft., 1-story, 1-unit of Calumet Air Force Station Nebraska duplex, fair condition, access restrictions. Calumet Co: Keweenaw MI 49913– Bldg. 20 Dwelling Landholding Agency: Air Force Offutt Communications Annex 4 Lock & Dam 6, Allegheny River, 1260 River Property Number: 189010873 Silver Creek Co: Nance NE 68663– Rd. Status: Excess Landholding Agency: Air Force Freeport Co: Armstrong PA 16229–2023 Comment: 25 sq. ft.; 1 floor metal frame; prior Property Number: 189610004 Landholding Agency: COE use—storage of fire hoses. Status: Unutilized Property Number: 319620008 Bldg. 201 Comment: 4714 sq. ft., most recent use— Status: Unutilized Calumet Air Force Station dormitory. Comment: 2652 sq. ft., 3-story brick house, in Calumet Co: Keweenaw MI 49913– North Carolina close proximity to Lock and Dam, available Landholding Agency: Air Force for interim use for nonresidential purposes. Dwelling 1 Property Number: 189010879 USCG Coinjock Housing South Carolina Status: Excess Coinjock Co: Currituck NC 27923– Comment: 25 sq. ft.; 1 floor metal frame; prior Bldg. 5 Landholding Agency: DOT J.S. Thurmond Dam and Reservoir use—storage of fire hoses. Property Number: 879120083 Clarks Hill Co: McCormick SC Minnesota Status: Unutilized Location: 1⁄2 mile east of Resource Managers Frame Dwelling—Lake Traverse Comment: One story wood residence, Office. Rural Rt. 2 periodic flooding in garage and utility Landholding Agency: COE Wheaton Co: Traverse MN 56296–9630 room occurs in heavy rainfall. Property Number: 319011548 Landholding Agency: COE Dwelling 2 Status: Excess Property Number: 319520001 USCG Coinjock Housing Comment: 1900 sq. ft.; 1 story masonry Status: Excess Coinjock Co: Currituck NC 27923– frame; possible asbestos; most recent use— Comment: 1453 sq. ft.; 2-story residence, off- Landholding Agency: DOT storage, off-site removal only. site use only. Property Number: 879120084 South Dakota Status: Unutilized Missouri West Communications Annex Comment: One story wood residence, Ellsworth Air Force Base Tract 113—House periodic flooding in garage and utility Ellsworth AFB Co: Meade SD 57706– Smithville Lake room occurs in heavy rainfall. Landholding Agency: Air Force Smithville Co: Clay Mo 64089– Dwelling 3 Landholding Agency: COE Property Number: 189340051 USCG Coinjock Housing Status: Unutilized Property Number: 319540002 Coinjock Co: Currituck NC 27923– Status: Excess Comment: 2 bldgs. on 2.37 acres, remote area, Landholding Agency: DOT lacks infrastructure, road hazardous during Comment: 1200 sq. ft. residence, presence of Property Number: 879120085 lead base paint, off-site use only. winter storms, most recent use—industrial Status: Unutilized storage. Bldg. A Comment: One story wood residence, Harry S Truman Project periodic flooding in garage and utility Tennessee Warsaw Co: Benton MO 65355– room occurs in heavy rainfall. Cheatham Lock & Dam Landholding Agency: COE Ohio Tract D, Lock Road Property Number: 319620004 Nashville Co: Davidson TN 37207– Status: Excess Barker Historic House Landholding Agency: COE Comment: 1440 sq. ft. residence, off-site use Willow Island Locks and Dam Property Number: 319520003 only. Newport Co: Washington OH 45768–9801 Status: Unutilized Location: Located at lock site, downstream of Bldg. B Comment: 1100 sq. ft. dwelling w/storage lock and dam structure Harry S Truman Project bldgs on 7 acres, needs major rehab, Landholding Agency: COE Warsaw Co: Benton MO 65355– contamination issues, approx. 1 acre in Property Number: 319120018 Landholding Agency: COE fldwy, modif. to struct. subj. to approval of Status: Unutilized Property Number: 319620005 St. Hist. Presv. Ofc. Comment: 1600 sq. ft. bldg. with 1⁄2 acre of Status: Excess land, 2 story brick frame, needs rehab, on Virginia Comment: 1440 sq. ft. residence, off-site use Natl Register of Historic Places, no utilities, Peters Ridge Site only. off-site use only. Gathright Dam Montana 1⁄2 Duplex Dwelling Covington VA Facility #1 Michael J. Kirwan Dam Landholding Agency: COE Havre Training Site Co: Hill MT 59501– Wayland Co: Portage OH 44285–0058 Property Number: 319430013 Landholding Agency: Air Force Landholding Agency: COE Status: Excess Property Number: 189530047 Property Number: 319620007 Comment: 64 sq. ft., metal bldg. Status: Excess Status: Unutilized Coles Mountain Site 43582 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Gathright Dam, Rt. 607 Location: 3 miles southwest of intersection Section 13 Co: Bath VA State Highway 96 and Canal Road Arkadelphia Co: Clark AR 71923–9361 Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 319430015 Property Number: 319011533 Property Number: 319010076 Status: Excess Status: Unutilized Status: Unutilized Comment: 64 sq. ft., 1-story metal bldg. Comment: 1952 sq. ft.; 2 story wood frame Comment: 13.0 acres. Metal Bldg. residence; potential utilities; needs rehab. Parcel 07 John H. Kerr Dam & Reservoir Former Lockmaster’s Dwelling DeGray Lake Co: Boydton VA Little KauKauna Lock Section 34 Landholding Agency: COE Little KauKauna Arkadelphia Co: Hot Spring AR 71923–9361 Property Number: 319620009 Lawrence Co: Brown WI 54130– Landholding Agency: COE Status: Excess Location: 2 miles southeasterly from Property Number: 319010077 Comment: 800 sq. ft., most recent use— intersection of Lost Dauphin Road (County Status: Unutilized storage, off-site use only. Trunk Highway ‘‘D’’) and River Street Comment: 0.27 acres. Housing Landholding Agency: COE Parcel 08 Rt. 637—Gwynnville Road Property Number: 319011535 DeGray Lake Gwynn Island Co: Mathews VA 23066– Status: Unutilized Section 13 Landholding Agency: DOT Comment: 1224 sq. ft.; 2 story brick/wood Arkadelphia Co: Clark AR 71923–9361 Property Number: 879120082 frame residence; needs rehab. Landholding Agency: COE Status: Unutilized Former Lockmaster’s Dwelling Property Number: 319010078 Comment: 929 sq. ft., one story residence. Little Chute, 2nd Lock Status: Unutilized West Virginia 214 Mill Street Comment: 14.6 acres. Little Chute Co: Outagamie WI 54140– German Ridge Radio Transmitter Parcel 09 Landholding Agency: COE Huntington Co: Wayne WV 25701– DeGray Lake Property Number: 319011536 Landholding Agency: COE Section 12 Status: Unutilized Property Number: 319610002 Arkadelphia Co: Hot Spring AR 71923–9361 Comment: 1224 sq. ft.; 2 story brick/wood Status: Unutilized Landholding Agency: COE frame residence; potential utilities; needs Comment: 187 sq. ft. cinder block bldg. on Property Number: 319010079 rehab; secured area with alternate access. .55 acre in remote area, most recent use— Status: Unutilized radio equipment room. Land (by State) Comment: 6.60 acres. Wisconsin Arkansas Parcel 10 Former Lockmaster’s Dwelling Parcel 01 DeGray Lake Cedar Locks DeGray Lake Section 12 4527 East Wisconsin Road Section 12 Arkadelphia Co: Hot Spring AR 71923–9361 Appleton Co: Outagamie WI 54911– Arkadelphia Co: Clark AR 71923–9361 Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 319010080 Property Number: 319011524 Property Number: 319010071 Status: Unutilized Status: Unutilized Status: Unutilized Comment: 4.5 acres. Comment: 1224 sq. ft.; 2 story brick/wood Comment: 77.6 acres. Parcel 11 frame residence; needs rehab; secured area DeGray Lake with alternate access. Parcel 02 DeGray Lake Section 19 Former Lockmaster’s Dwelling Section 13 Arkadelphia Co: Hot Spring AR 71923–9361 Appleton 4th Lock Arkadelphia Co: Clark AR 71923–9361 Landholding Agency: COE 905 South Lowe Street Landholding Agency: COE Property Number: 319010081 Appleton Co: Outagamie WI 54911– Property Number: 319010072 Status: Unutilized Landholding Agency: COE Status: Unutilized Comment: 19.50 acres. Property Number: 319011525 Comment: 198.5 acres. Lake Greeson Status: Unutilized Section 7, 8 and 18 Comment: 908 sq. ft.; 2 story wood frame Parcel 03 Murfreesboro Co: Pike AR 71958–9720 residence; needs rehab. DeGray Lake Section 18 Landholding Agency: COE Former Lockmaster’s Dwelling Arkadelphia Co: Clark AR 71923–9361 Property Number: 319010083 Kaukauna 1st Lock Landholding Agency: COE Status: Unutilized 301 Canal Street Comment: 46 acres. Kaukauna Co: Outagamie WI 54131– Property Number: 319010073 Landholding Agency: COE Status: Unutilized California Comment: 50.46 acres. Property Number: 319011527 60 ARG/DE Status: Unutilized Parcel 04 Travis ILS Outer Marker Annex Comment: 1290 sq. ft.; 2 story wood frame DeGray Lake Rio-Dixon Road residence; needs rehab; secured area with Section 24, 25, 30 and 31 Travis AFB Co: Solano CA 94535–5496 alternate access. Arkadelphia Co: Clark AR 71923–9361 Location: State Highway 113 Former Lockmaster’s Dwelling Landholding Agency: COE Landholding Agency: Air Force Appleton 1st Lock Property Number: 319010074 Property Number: 189010189 905 South Oneida Street Status: Unutilized Status: Excess Appleton Co: Outagamie WI 54911– Comment: 236.37 acres. Comment: .13 acres; most recent use— Landholding Agency: COE Parcel 05 location for instrument landing systems Property Number: 319011531 DeGray Lake equipment. Status: Unutilized Section 16 Lake Mendocino Comment: 1300 sq. ft.; potential utilities; 2 Arkadelphia Co: Clark AR 71923–9361 1160 Lake Mendocino Drive story wood frame residence; needs rehab; Landholding Agency: COE Ukiah Co: Mendocino CA 95482–9404 secured area with alternate access. Property Number: 319010075 Landholding Agency: COE Former Lockmaster’s Dwelling Status: Unutilized Property Number: 319011015 Rapid Croche Lock Comment: 187.30 acres. Status: Unutilized Lock Road Parcel 06 Comment: 20 acres; steep, dense brush; Wrightstown Co: Outagamie WI 54180– DeGray Lake potential utilities. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43583

Colorado Comment: 4.90 acres; wooded; no utilities. Tract 2001 #1 Otis Lane Tract 4318 Barkley Lake, Kentucky and Tennessee Chatfield Lake Project Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030– 1 Littleton Co: Jefferson CO 80123– Canton Co: Trigg KY 42212– Location: Approximately 4 ⁄2 miles east of Landholding Agency: COE Location: Trigg Co. adjoining the city of Eddyville, KY Property Number: 319540001 Canton, KY on the waters of Hopson Creek Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 319010047 Comment: 25 ft. wide (5000 sq. ft.), subject Property Number: 319010032 Status: Excess to easements. Status: Excess Comment: 47.42 acres; steep and wooded; no Comment: 8.24 acres; steep and wooded. utilities. Kansas # Tract 4502 Tract 2001 2 Parcel 1 Barkley Lake, Kentucky and Tennessee Barkley Lake, Kentucky and Tennessee El Dorado Lake Canton Co: Trigg KY 42212– Eddyville Co: Lyon KY 42030– Section 13, 24, and 18 Location: Approximately 41⁄2 miles east of Location: 31⁄2 miles in a southerly direction (See County) Co: Butler KS from Canton, KY Eddyville, KY Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 319010064 Property Number: 319010033 Property Number: 319010047 Status: Unutilized Status: Excess Status: Excess Comment: 61 acres; most recent use— Comment: 4.26 acres; steep and wooded. Comment: 8.64 acres; steep and wooded; no recreation. utilities. Tract 4611 Tract 2005 Kentucky Barkley Lake, Kentucky and Tennessee Barkley Lake, Kentucky and Tennessee Tract 2625 Canton Co: Trigg KY 42212– Eddyville Co: Lyon KY 42030– Barkley Lake, Kentucky, and Tennessee Location: 5 miles south of Canton, KY Location: Approximately 51⁄2 miles east of Cadiz Co: Trigg KY 42211– Landholding Agency: COE Eddyville, KY Location: Adjoining the village of Rockcastle Property Number: 319010034 Landholding Agency: COE Landholding Agency: COE Status: Excess Property Number: 319010048 Property Number: 319010025 Comment: 10.51 acres; steep and wooded; no Status: Excess Status: Excess utilities. Comment: 4.62 acres; steep and wooded; no Comment: 2.57 acres; rolling and wooded. Tract 4619 utilities. Tract 2709–10 and 2710–2 Barkley Lake, Kentucky and Tennessee Tract 2307 Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212– 1 Barkley Lake, Kentucky and Tennessee Cadiz Co: Trigg KY 42211– Location: 4 ⁄2 miles south from Canton, KY Eddyville Co: Lyon KY 42030– Location: 21⁄2 miles in a southerly direction Landholding Agency: COE Location: Approximately 71⁄2 miles from the village of Rockcastle Property Number: 319010035 southeasterly of Eddyville, KY Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 319010026 Comment: 2.02 acres; steep and wooded; no Property Number: 319010049 Status: Excess utilities. Status: Excess Comment: 2.00 acres; steep and wooded. Tract 4817 Comment: 11.43 acres; steep; rolling and Tract 2708–1 and 2709–1 Barkley Lake, Kentucky and Tennessee wooded; no utilities. Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212– Tract 2403 1 Cadiz Co: Trigg KY 42211– Location: 6 ⁄2 miles south of Canton, KY Barkley Lake, Kentucky and Tennessee 1 Location: 2 ⁄2 miles in a southerly direction Landholding Agency: COE Eddyville Co: Lyon KY 42030– from the village of Rockcastle Property Number: 319010036 Location: 7 miles southeasterly of Eddyville, Landholding Agency: COE Status: Excess KY Property Number: 319010027 Comment: 1.75 acres; wooded. Landholding Agency: COE Status: Excess Tract 1217 Property Number: 319010050 Comment: 3.59 acres; rolling and wooded; no Barkley Lake, Kentucky and Tennessee Status: Excess utilities. Eddyville Co: Lyon KY 42030– Comment: 1.56 acres; steep and wooded; no Tract 2800 Location: On the north side of the Illinois utilities. Barkley Lake, Kentucky and Tennessee Central Railroad Tract 2504 Cadiz Co: Trigg KY 42211– Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Location: 41⁄2 miles in a southeasterly Property Number: 319010042 Eddyville Co: Lyon KY 42030– direction from the village of Rockcastle Status: Excess Location: 9 miles southeasterly of Eddyville, Landholding Agency: COE Comment: 5.80 acres; steep and wooded. KY Property Number: 319010028 Tract 1906 Landholding Agency: COE Status: Excess Barkley Lake, Kentucky and Tennessee Property Number: 319010051 Comment: 5.44 acres; steep and wooded. Eddyville Co: Lyon KY 42030– Status: Excess Tract 2915 Location: Approximately 4 miles east of Comment: 24.46 acres; steep and wooded; no Barkley Lake, Kentucky and Tennessee Eddyville, KY utilities. Cadiz Co: Trigg KY 42211– Landholding Agency: COE Tract 214 Location: 61⁄2 miles west of Cadiz Property Number: 319010044 Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Status: Excess Grand Rivers Co: Lyon KY 42045– Property Number: 319010029 Comment: 25.86 acres; rolling steep and Location: South of the Illinois Central Status: Excess partially wooded; no utilities. Railroad, 1 mile east of the Cumberland Comment: 5.76 acres; steep and wooded; no Tract 1907 River utilities. Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Tract 2702 Eddyville Co: Lyon KY 42038– Property Number: 319010052 Barkley Lake, Kentucky and Tennessee Location: On the waters of Pilfren Creek, 4 Status: Excess Cadiz Co: Trigg KY 42211– miles east of Eddyville, KY Comment: 5.5 acres; wooded; no utilities. Location: 1 mile in a southerly direction from Landholding Agency: COE Tract 215 the village of Rockcastle Property Number: 319010045 Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Status: Excess Grand Rivers Co: Lyon KY 42045– Property Number: 319010031 Comment: 8.71 acres; rolling steep and Location: 5 miles southwest of Kuttawa Status: Excess wooded; no utilities. Landholding Agency: COE 43584 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Property Number: 319010053 Canton Co: Trigg KY 42212– Landholding Agency: COE Status: Excess Location: 41⁄2 miles south from Canton, KY Property Number: 319130005 Comment: 1.40 acres; wooded; no utilities. Landholding Agency: COE Status: Unutilized Tract 241 Property Number: 319011622 Comment: 4 acres, most recent use— Barkley Lake, Kentucky and Tennessee Status: Excess recreational, possible periodic flooding. Grand Rivers Co: Lyon KY 42045– Comment: 1.73 acres; steep and wooded; Tract N–819 Location: Old Henson Ferry Road, 6 miles subject to utility easements. Dale Hollow Lake & Dam Project west of Kuttawa, KY Tract 2403–B Illwill Creek, Hwy 90 Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Hobart Co: Clinton KY 42601– Property Number: 319010054 Eddyville Co: Lyon KY 42038– Landholding Agency: COE Status: Excess Location: 7 miles southeasterly from Property Number: 319140009 Comment: 1.26 acres; steep and wooded; no Eddyville, KY Status: Underutilized utilities. Landholding Agency: COE Comment: 91 acres, most recent use— Tract 306, 311, 315 and 325 Property Number: 319011623 hunting, subject to existing easements. Barkley Lake, Kentucky and Tennessee Status: Unutilized Portion of Lock & Dam No. 1 Grand Rivers Co: Lyon KY 42045– Comment: 0.70 acres; wooded; subject to Kentucky River Location: 2.5 miles southwest of Kuttawa, utility easements. Carrolton Co: Carroll KY 41008–0305 KY. on the waters of Cypress Creek Tract 241–B Landholding Agency: COE Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Property Number: 319320003 Property Number: 319010055 Grand Rivers Co: Lyon KY 42045– Status: Unutilized Status: Excess Location: South of Old Henson Ferry Road, Comment: approx. 3.5 acres (sloping), access Comment: 38.77 acres; steep and wooded; no 6 miles west of Kuttawa, KY monitored. utilities. Landholding Agency: COE Portion of Lock & Dam No. 2 Tract 2305, 2306, and 2400–1 Property Number: 319011624 Kentucky River Barkley Lake, Kentucky and Tennessee Status: Excess Lockport Co: Henry KY 40036–9999 Eddyville Co: Lyon KY 42030– Comment: 11.16 acres; steep and wooded; Landholding Agency: COE Location: 61⁄2 miles southeasterly of subject to utility easements. Property Number: 319320004 Eddyville, KY Tracts 212 and 237 Status: Underutilized Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Comment: approx. 13.14 acres (sloping), Property Number: 319010056 Grand Rivers Co: Lyon KY 42045– access monitored. Status: Excess Location: Old Henson Ferry Road, 6 miles Louisiana Comment: 97.66 acres; steep rolling and west of Kuttawa, KY Wallace Lake Dam and Reservoir wooded; no utilities. Landholding Agency: COE Shreveport Co: Caddo LA 71103– Tract 500–2 Property Number: 319011625 Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Status: Excess Property Number: 319011009 Kuttawa Co: Lyon KY 42055– Comment: 2.44 acres; steep and wooded; Status: Unutilized Location: Situated on the waters of Poplar subject to utility easements. Comment: 11 acres; wildlife/forestry; no Creek, approximately 1 mile southwest of Tract 215–B utilities. Kuttawa, KY Barkley Lake, Kentucky and Tennessee Bayou Bodcau Dam and Reservoir Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– Haughton Co: Caddo LA 71037–9707 Property Number: 319010057 Location: 5 miles southwest of Kuttawa Location: 35 miles Northeast of Shreveport, Status: Excess Landholding Agency: COE LA Comment: 3.58 acres; hillside ridgeland and Property Number: 319011626 Landholding Agency: COE wooded; no utilities. Status: Excess Property Number: 319011010 Tract 5203 and 5204 Comment: 1.00 acres; wooded; subject to Status: Unutilized Barkley Lake, Kentucky and Tennessee utility easements. Comment: 203 acres; wildlife/forestry; no Linton Co: Trigg KY 42212– Tract 233 utilities. Location: Village of Linton, KY state highway Barkley Lake, Kentucky and Tennessee Michigan 1254 Grand Rivers Co: Lyon KY 42045– Landholding Agency: COE Location: 5 miles southwest of Kuttawa Calumet Air Force Station Property Number: 319010058 Landholding Agency: COE Section 1, T57N, R31W Status: Excess Property Number: 319011627 Houghton Township Comment: 0.93 acres; rolling, partially Status: Excess Calumet Co: Keweenaw MI 49913– wooded; no utilities. Comment: 1.00 acres; wooded; subject to Landholding Agency: Air Force Property Number: 189010862 Tract 5240 utility easements. Status: Excess Barkley Lake, Kentucky and Tennessee Tract B—Markland Locks & Dam Comment: 34 acres, potential utilities. Linton Co: Trigg KY 42212– Hwy 42, 3.5 miles downstream of Warsaw Location: 1 mile northwest of Linton, KY Warsaw Co: Gallatin KY 41095– Calumet Air Force Station Landholding Agency: COE Landholding Agency: COE Section 31, T58N, R30W Property Number: 319010059 Property Number: 319130002 Houghton Township Status: Excess Status: Unutilized Calumet Co: Keweenaw MI 49913– Comment: 2.26 acres; steep and wooded; no Comment: 10 acres, most recent use— Landholding Agency: Air Force utilities. recreational, possible periodic flooding. Property Number: 189010863 Status: Excess Tract 4628 Tract A—Markland Locks & Dam Comment: 3.78 acres, potential utilities. Barkley Lake, Kentucky and Tennessee Hwy 42, 3.5 miles downstream of Warsaw Canton Co: Trigg KY 42212– Warsaw Co: Gallatin KY 41095– Minnesota Location: 41⁄2 miles south from Canton, KY Landholding Agency: COE Parcel D Landholding Agency: COE Property Number: 319130003 Pine River Property Number: 3190101621 Status: Unutilized Cross Lake Co: Crow Wing MN 56442– Status: Excess Comment: 8 acres acres, most recent use— Location: 3 miles from city of Cross Lake, Comment: 3.71 acres; steep and wooded; recreational, possible periodic flooding. between highways 6 and 371 subject to utility easements. Tract C—Markland Locks & Dam Landholding Agency: COE Tract 4619–B Hwy 42, 3.5 miles downstream of Warsaw Property Number: 319011038 Barkley Lake, Kentucky and Tennessee Warsaw Co: Gallatin KY 41095– Status: Excess Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43585

Comment: 17 acres; no utilities. Property Number: 319011024 Landholding Agency: COE Tract 92 Status: Underutilized Property Number: 319011032 Sandy Lake Comment: 120 acres; no utilities; most recent Status: Underutilized McGregor Co: Aitkins MN 55760– use—wildlife and forestry management; Comment: 40 acres; no utilities; most recent Location: 4 miles west of highway 65, 15 (13.5 acres/agriculture lease). use—wildlife and forestry management. miles from city of McGregor Parcel 4 Parcel 16 Landholding Agency: COE Grenada Lake Grenada Lake Property Number: 319011040 Section 2 and 3, T23N, R5E Section 9, T23N, R6E Status: Excess Grenada Co: Yalobusha MS 38901–0903 Grenada Co: Yalobusha MS 38901–0903 Comment: 4 acres; no utilities. Landholding Agency: COE Landholding Agency: COE Tract 98 Property Number: 319011025 Property Number: 319011033 Leech Lake Status: Underutilized Status: Underutilized Benedict Co: Hubbard MN 56641– Comment: 60 acres; no utilities; most recent Comment: 70 acres; no utilities; most recent Location: 1 mile from city of Federal Dam, use—wildlife and forestry management. use—wildlife and forestry management. MN Parcel 5 Parcel 17 Landholding Agency: COE Grenada Lake Grenada Lake Property Number: 319011041 Section 7, T24N, R6E Section 17, T23N, R7E Status: Excess Grenada Co: Yalobusha MS 38901–0903 Grenada Co: Grenada MS 28901–0903 Comment: 7.3 acres; no utilities. Landholding Agency: COE Landholding Agency: COE Mississippi Property Number: 319011026 Property Number: 319011034 Status: Underutilized Parcel 7 Status: Underutilized Comment: 20 acres; no utilities; most recent Comment: 35 acres; no utilities; most recent Grenada Lake use—wildlife and forestry management. Sections 22, 23, T24N use—wildlife and forestry management (14 Grenada Co: Yalobusha MS 38901–0903 acres/agriculture lease). Parcel 18 Landholding Agency: COE Parcel 6 Grenada Lake Property Number: 319011019 Grenada Lake Section 22, T23N, R7E Status: Underutilized Section 9, T24N, R6E Grenada Co: Calhoun MS 28902–0903 Comment: 100 acres; no utilities; Grenada Co: Yalobusha MS 38901–0903 Landholding Agency: COE intermittently used under lease—expires Landholding Agency: COE Property Number: 319011035 1994. Property Number: 319011027 Status: Underutilized Status: Underutilized Comment: 10 acres; no utilities; most recent Parcel 8 use—wildlife and forestry management. Grenada Lake Comment: 80 acres; no utilities; most recent Section 20, T24N use—wildlife and forestry management. Parcel 19 Grenada Co: Yalobusha MS 38901–0903 Parcel 11 Grenada Lake Landholding Agency: COE Grenada Lake Section 9, T22N, R7E Property Number: 319011020 Section 20, T24N, R8E Grenada Co: Grenada MS 38901–0903 Status: Underutilized Grenada Co: Calhoun MS 38901–0903 Landholding Agency: COE Comment: 30 acres; no utilities; Landholding Agency: COE Property Number: 319011036 intermittently used under lease—expires Property Number: 319011028 Status: Underutilized 1994. Status: Underutilized Comment: 20 acres; no utilities; most recent use—wildlife and forestry management. Parcel 9 Comment: 30 acres; no utilities; most recent Grenada Lake use—wildlife and forestry management. Missouri Section 20, T24N, R7E Parcel 12 Harry S Truman Dam & Reservoir Grenada Co: Yalobusha MS 38901–0903 Grenada Lake Warsaw Co: Benton MO 65355– Landholding Agency: COE Section 25, T24N, R7E Location: Triangular shaped parcel southwest Property Number: 319011021 Grenada Co: Yalobusha MS 38390–10903 of access road ‘‘B’’, part of Bledsoe Ferry Status: Underutilized Landholding Agency: COE Park Tract 150. Comment: 23 acres; no utilities; Property Number: 319011029 Landholding Agency: COE intermittently used under lease—expires Status: Underutilized Property Number: 319030014 1994. Comment: 30 acres; no utilities; most recent Status: Underutilized Parcel 10 use—wildlife and forestry management. Comment: 1.7 acres; potential utilities. Grenada Lake Parcel 13 Montana Sections 16, 17, 18 T24N R8E Grenada Lake 6.43 acres Grenada Co: Calhoun MS 38901–0903 Section 34, T24N, R7E Forsyth Training Site Co: Rosebud MT Landholding Agency: COE Grenada Co: Yalobusha MS 38903–10903 Landholding Agency: Air Force Property Number: 319011022 Landholding Agency: COE Property Number: 18961003 Status: Underutilized Property Number: 319011030 Status: Underutilized Comment: 490 acres; no utilities; Status: Underutilized Comment: 6.43 acres; most recent use—tech. intermittently used under lease—expires Comment: 30 acres; no utilities; most recent oper. site for radar bombing range. 1994. use—wildlife and forestry management; Ohio Parcel 2 (11 acres/agriculture lease). Grenada Lake Parcel 14 Hannibal Locks and Dam Section 20 and T23N, R5E Grenada Lake Ohio RIver Grenada Co: Grenada MS 38901–0903 Section 3, T23N, R6E P.O. Box 8 Landholding Agency: COE Grenada Co: Yalobusha MS 38901–0903 Hannibal Co: Monroe OH 43931–0008 Property Number: 319011023 Landholding Agency: COE Location: Adjacent to the new Martinsville Status: Underutilized Property Number: 319011031 Bridge Comment: 60 acres; no utilities; most recent Status: Underutilized Landholding Agency: COE use—wildlife and forestry management. Comment: 15 acres; no utilities; most recent Property Number: 319010015 use—wildlife and forestry management. Status: Underutilized Parcel 3 Comment: 22 acres; river bank. Grenada Lake Parcel 15 Section 4, T23N, R5E Grenada Lake Oklahoma Grenada Co: Yalobusha MS 38901–0903 Section 4, T24N, R6E Pine Creek Lake Landholding Agency: COE Grenada Co: Yalobusha MS 38901–0903 Section 27 (See County) Co: McCurtain OK 43586 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Landholding Agency: COE Tract 2319 Barkley Lake Property Number: 319010923 J. Percy Priest Dam and Reservoir Cumberland City Co: Montgomery TN Status: Unutilized Murfreesboro Co: Rutherford TN 37130– 37050– Comment: 3 acres; no utilities; subject to Location: West of Buckeye Bottom Road Location: 4 miles east of Cumberland City right of way for Oklahoma State Highway Landholding Agency: COE Landholding Agency: COE 3. Property Number: 319010930 Property Number: 319010938 Pennsylvania Status: Excess Status: Excess Comment: 14.48 acres; subject to existing Comment: 7.7 acres; subject to existing Mahoning Creek Lake easements. easements. New Bethlehem Co: Armstrong PA 16242– Tract 2227 9603 Tract 11503 # J. Percy Priest Dam and Reservoir Barkley Lake Location: Route 28 north to Belknap, Road 4 Murfreesboro Co: Rutherford TN 37130– Landholding Agency: COE Ashland City Co: Cheatham TN 37015– Location: Old Jefferson Pike Location: 2 miles downstream from Property Number: 319010018 Landholding Agency: COE Status: Excess Cheatham Dam Property Number: 319010931 Landholding Agency: COE Comment: 2.58 acres; steep and densely Status: Excess wooded. Property Number: 319010939 Comment: 2.27 acres; subject to existing Status: Excess Tracts 610, 611, 612 easements. Comment: 1.1 acres; subject to existing Shenango River Lake Tract 2107 easements. Sharpsville Co: Mercer PA 16150– J. Percy Priest Dam and Reservoir Location: I–79 North, I–80 West, Exit Sharon. Tracts 11523, 11524 Murfreesboro Co: Rutherford TN 37130– Barkley Lake R18 North 4 miles, left on R518, right on Location: Across Fall Creek near Fall Creek Mercer Avenue Ashland City Co: Cheatham TN 37015– camping area. 1⁄2 miles downstream from Landholding Agency: COE Location: 2 Landholding Agency: COE Cheatham Dam Property Number: 319011001 Property Number: 319010932 Landholding Agency: COE Status: Excess Status: Excess Property Number: 319010940 Comment: 24.09 acres; subject to flowage Comment: 14.85 acres; subject to existing Status: Excess easement. easements. Comment: 19.5 acres; subject to existing Tracts L24, L26 Tracts 2601, 2602, 2603, 2604 easements. Crooked Creek Lake Co: Armstrong PA Cordell Hull Lake and Dam Project Tract 6410 03051– Doe Row Creek Barkley Lake Location: Left bank—55 miles downstream of Gainesboro Co: Jackson TN 38562– Bumpus Mills Co: Stewart TN 37028– dam Location TN Highway 56 Location: 41⁄2 miles SW. of Bumpus Mills Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 319011011 Property Number: 319010933 Property Number: 319010941 Status: Unutilized Status: Unutilized Status: Excess Comment: 7.59 acres; potential for utilities Comment: 11 acres; subject to existing Comment: 17 acres; subject to existing Portion of Tract L–21A easements. easements. Crooked Creek Lake, LR 03051 Tract 1911 Tract 9707 Ford City Co: Armstrong PA 16226– J. Percy Priest Dam and Reservoir Barkley Lake Landholding Agency: COE Murfreesboro Co: Rutherford TN 37130– Palmyer Mills Co: Montgomery TN 37142– Property Number: 319430012 Location: East of Lamar Road Location: 3 miles NE of Palmyer, TN. Status: Unutilized Landholding Agency: COE Highway 149 Comment: Approximately 1.72 acres of Property Number: 319010934 Landholding Agency: COE undeveloped land, subject to gas rights. Status: Excess Property Number: 319010943 Tennessee Comment: 15.31 acres; subject to existing Status: Excess Tract 6827 easements. Comment: 6.6 acres; subject to existing Barkley Lake Tract 2321 easements. Dover Co: Stewart TN 37058– J. Percy Priest Dam and Reservoir Tract 6949 Location: 21⁄2 miles west of Dover, TN Murfreesboro Co: Rutherford TN 37130– Barkley Lake Landholding Agency: COE Location: South of Old Jefferson Pike Dover Co: Stewart TN 37058– Property Number: 319010927 Landholding Agency: COE Location: 11⁄2 miles SE of Dover, TN Status: Excess Property Number: 319010935 Landholding Agency: COE Comment: .57 acres; subject to existing Status: Excess Property Number: 319010944 easements. Comment: 12 acres; subject to existing Status: Excess Tracts 6002–2 and 6010 easements. Comment: 29.67 acres; subject to existing Barkley Lake Tract 7206 easements. Dover Co: Stewart TN 37058– Barkley Lake Tracts 6005 and 6017 Location: 31⁄2 miles south of village of Dover Co: Stewart TN 37058– Barkley Lake Tabaccoport Location: 21⁄2 miles SE of Dover, TN Dover Co: Stewart TN 37058– Landholding Agency: COE Landholding Agency: COE Location: 3 miles south of Village of Property Number: 319010928 Property Number: 319010936 Tobaccoport Status: Excess Status: Excess Landholding Agency: COE Comment: 100.86 acres; subject to existing Comment: 10.15 acres; subject to existing Property Number: 319011173 easements. easements. Status: Excess Tract 11516 Tracts 8813, 8814 Comment: 5 acres; subject to existing Barkley Lake Barkley Lake easements. Ashland City Co: Dickson TN 37015– Cumberland Co: Stewart TN 37050– Tracts K–1191, K–1135 1 Location: 1⁄2 mile downstream from Location: 1 ⁄2 miles East of Cumberland City Old Hickory Lock and Dam Cheatham Dam Landholding Agency: COE Hartsville Co: Trousdale TN 37074– Landholding Agency: COE Property Number: 319010937 Landholding Agency: COE Property Number: 319010929 Status: Excess Property Number: 319130007 Status: Excess Comment: 96 acres; subject to existing Status: Underutilized Comment: 26.25 acres; subject to existing easements. Comment: 92 acres (38 acres in floodway), easements. Tract 8911 most recent use—recreation. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43587

Tract A–102 Location: Located off Highway 78 Ohio River Locks & Dam No. 53 Dale Hollow Lake & Dam Project approximately 7 miles west of intersection Grand Chain Co: Pulaski IL 62941–9801 Canoe Ridge, State Hwy 52 with Highway 27. Location: Ohio River Locks and Dam No. 53 Celina Co: Clay TN 38551— Landholding Agency: COE at Grand Chain Landholding Agency: COE Property Number: 319010012 Landholding Agency: COE Property Number: 319140006 Status: Unutilized Property Number 319010005 Status: Underutilized Comment: 1468 sq. ft., one floor wood frame; Status: Unutilized Comment: 351 acres, most recent use— most recent use—residence; secured with Comment: 900 sq. ft.; one floor wood frame. hunting, subject to existing easements. alternate access. Bldg. 2 Tract A–120 Bldg. CN8 Ohio River Locks & Dam No. 53 Dale Hollow Lake & Dam Project Ortona Lock Reservation, Okeechobee Grand Chain Co: Pulaski IL 62941–9801 Swann Ridge, State Hwy No. 53 Waterway Location: Ohio River Locks and Dam No. 53 Celina Co: Clay TN 38551– Ortona Co: Glades FL 33471– at Grand Chain Landholding Agency: COE Location: Located off Highway 78 Landholding Agency: COE Property Number: 319140007 approximately 7 miles west of intersection Property Number 319010006 Status: Underutilized with Highway 27. Status: Unutilized Comment: 883 acres, most recent use— Landholding Agency: COE Comment: 900 sq. ft.; one floor wood frame; hunting, subject to existing easements. Property Number: 319010013 most recent use—residence. Tracts A–20, A–21 Status: Unutilized Comment: 1468 sq. ft.; one floor wood frame; Bldg. 1 Dale Hollow Lake & Dam Project Ohio River Locks & Dam No. 53 Red Oak Ridge, State Hwy No. 53 most recent use—residence; secured with Grand Chain Co: Pulaski IL 62941–9801 Celina Co: Clay TN 38551– alternate access. Location: Ohio River Locks and Dam No. 53 Landholding Agency: COE Idaho at Grand Chain Property Number: 319140008 Bldg. 516 Landholding Agency: COE Status: Underutilized Mountain Home Air Force Base Property Number 319010007 Comment: 821 acres, most recent use— Mountain Home Co: Elmore ID 86348– Status: Unutilized recreation, subject to existing easements. Landholding Agency: Air Force Comment: 900 sq. ft.; one floor wood frame; Tract D–185 Property Number: 189520004 most recent use—residence. Dale Hollow Lake & Dam Project Status: Excess Defunct Radio Station Site Ashburn Creek, Hwy No. 53 Comment: 4928 sq. ft., 1 story wood frame, (Govt Tract B–135), Chain of Rocks Canal Livingston Co: Clay TN 38570– presence of lead paint and asbestos, most Co: Madison IL 62040– Landholding Agency: COE recent use—offices. Landholding Agency: COE Property Number: 319140010 Illinois Status: Underutilized Property Number: 319520002 Bldg. 7 Status: Excess Comment: 883 acres, most recent use— × × × × hunting, subject to existing easements. Ohio River Locks & Dam No. 53 Comment: 5 bldgs. (48 17, 8 10, 15 18, 6 6, Grand Chain Co: Pulaski IL 62941–9801 12×14), need extensive repairs, off-site use Texas Location: Ohio River Locks and Dam No. 53 only. Parcel #222 at Grand Chain Indiana Lake Texoma Co: Grayson TX Landholding Agency: COE Bldg. 01, Monroe Lake Location: C. Meyerheim survey A–829 J. Property Number 319010001 Hamilton survey A–529 Status: Unutilized Monroe Cty. Rd. 37 North to Monroe Dam Landholding Agency: COE Comment: 900 sq. ft.; 1 floor wood frame; Rd. Property Number: 319010421 most recent use—residence. Bloomington Co: Monroe IN 47401–8772 Status: Excess Landholding Agency: COE Bldg. 6 Property Number: 319140002 Comment: 52.80 acres; most recent use— Ohio River Locks & Dam No. 53 recreation. Status: Unutilized Grand Chain Co: Pulaski IL 62941–9801 Comment: 1312 sq.ft., 1 story brick residence, Suitable/Unavailable Properties Location: Ohio River Locks and Dam No. 53 off-site use only. at Grand Chain Buildings (by State) Landholding Agency: COE Bldg. 02, Monroe Lake Monroe Cty. Rd. 37 North to Monroe Dam California Property Number 319010002 Status: Unutilized Rd. Hawes Site (KHGM) Comment: 900 sq. ft.; 1 floor wood frame; Bloomington Co: Monroe IN 47401–8772 March AFB most recent use—residence. Landholding Agency: COE Hinckley CO: San Bernardino CA 92402– Property Number: 319140003 Bldg. 5 Landholding Agency: Air Force Status: Unutilized Ohio River Locks & Dam No. 53 Property Number: 189010084 Comment: 1312 sq. ft., 1 story brick Grand Chain Co: Pulaski IL 62941–9801 Status: Unutilized residence, off-site use only. Location: Ohio River Locks and Dam No. 53 Comment: 9290 sq. ft., 2 story concrete, most at Grand Chain Maine recent use—radio relay station, possible Landholding Agency: COE asbestos, land belongs to Bureau of Land Mount Desert Rock Light Property Number 319010003 Management, Potential utilities. U.S. Coast Guard Status: Unutilized Southwest Harbor Co: Hancock ME 04679– Santa Fe Flood Control Basin Comment: 900 sq. ft.; 1 floor wood frame; Landholding Agency: DOT Irwindale Co: Los Angeles CA 91706– most recent use—residence. Property Number: 879240023 Landholding Agency: COE Bldg. 4 Status: Unutilized Property Number: 319011298 Ohio River Locks & Dam No. 53 Comment: 1600 sq. ft., 2-story wood frame Status: Unutilized Grand Chain Co: Pulaski IL 62941–9801 dwelling, needs rehab, limited utilities, Comment: 1400 sq. ft., 1 story stucco; needs Location: Ohio River Locks and Dam No. 53 limited access, property is subject to severe rehab; termite damage; secured area with at Grand Chain storms. alternate access. Landholding Agency: COE Little River Light Florida Property Number 319010004 U.S. Coast Guard Bldg. CN7 Status: Unutilized Cutler Co: Washington ME Ortona Lock Reservation, Okeechobee Comment: 900 sq. ft.; 1 floor wood frame; Landholding Agency: DOT Waterway most recent use—residence. Property Number: 879240026 Ortona Co: Glades FL 33471– Bldg. 3 Status: Unutilized 43588 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Comment: 1100 sq. ft., 2-story wood frame Property Number: 189010780 Comment: 1944 sq. ft.; 1 story; concrete dwelling, well is contaminated, limited Status: Excess block; potential utilities; most recent use— utilities. Comment: 2069 sq. ft.; 2 floors; concrete dormitory. Burnt Island Light block; possible asbestos; potential utilities; Bldg. 50 U.S. Coast Guard most recent use—administrative facility. Calumet Air Force Station Southport Co: Lincoln ME 04576– Bldg. 41 Calumet Co: Keweenaw MI 49913– Landholding Agency: DOT Calumet Air Force Station Landholding Agency: Air Force Property Number: 879240027 Calumet Co: Keweenaw MI 49913– Property Number: 189010790 Status: Unutilized Landholding Agency: Air Force Status: Excess Comment: 750 sq. ft., 2-story wood frame Property Number: 189010781 Comment: 6171 sq. ft.; 1 story; concrete dwelling. Status: Excess block; potential utilities; possible asbestos; Massachusetts Comment: 2069 sq. ft.; 1 floor; concrete most recent use—Fire Department vehicle block; potential utilities; possible asbestos; parking building. Keepers Dwelling Cape Ann Light, Thachers Island most recent use—dormitory. Bldg. 14 U.S. Coast Guard Bldg. 42 Calumet Air Force Station Rockport Co: Essex MA 01966– Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Landholding Agency: DOT Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Property Number: 879240024 Landholding Agency: Air Force Property Number: 189010833 Status: Unutilized Property Number: 189010782 Status: Excess Comment: 1000 sq. ft., 2-story brick dwelling, Status: Excess Comment: 6751 sq. ft.; 1 floor concrete block; large wave action with severe ocean Comment: 4017 sq. ft.; 1 floor; concrete possible asbestos; most recent use— storms. block; potential utilities; possible asbestos; gymnasium. Assistant Keepers Dwelling most recent use—dining hall. Bldg. 16 Cape Ann Light, Thachers Island Bldg. 43 Calumet Air Force Station U.S. Coast Guard Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Rockport Co: Essex MA 01966– Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Landholding Agency: DOT Landholding Agency: Air Force Property Number: 189010834 Property Number: 879240025 Property Number: 189010783 Status: Excess Status: Unutilized Status: Excess Comment: 3000 sq. ft.; 1 floor concrete block; Comment: 1100 sq. ft., 2-story wood frame Comment: 3674 sq. ft.; 2 story; concrete most recent use—commissary facility. dwelling, large wave action with severe block; potential utilities; possible asbestos; Bldg. 9 ocean storms. most recent use—dormitory. Calumet Air Force Station Michigan Bldg. 44 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Bldg. 20 Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Property Number: 189010835 Calumet Air Force Station Status: Excess Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Property Number: 189010784 Comment: 1056 sq. ft.; 1 story wood frame Landholding Agency: Air Force residence. Property Number: 189010775 Status: Excess Status: Excess Comment: 7216 sq. ft.; 2 story; concrete Bldg. 11 Comment: 13404 sq. ft.; 1 floor; concrete block; possible asbestos; potential utilities; Calumet Air Force Station block; potential utilities; possible asbestos; most recent use—dormitory. Calumet Co: Keweenaw MI 49913– most recent use—warehouse/supply Bldg. 45 Landholding Agency: Air Force facility. Calumet Air Force Station Property Number: 189010837 Status: Excess Bldg. 21 Calumet Co: Keweenaw MI 49913– Comment: 1056 sq. ft.; 1 floor wood frame Calumet Air Force Station Landholding Agency: Air Force residence. Calumet Co: Keweenaw MI 49913– Property Number: 189010785 Landholding Agency: Air Force Status: Excess Bldg. 12 Property Number: 189010776 Comment: 6070 sq. ft.; 2 story; concrete Calumet Air Force Station Status: Excess block; potential utilities; possible asbestos; Calumet Co: Keweenaw MI 49913– Comment: 2146 sq. ft.; 1 floor; concrete most recent use—administrative facility. Landholding Agency: Air Force block; potential utilities; possible asbestos; Bldg. 47 Property Number: 189010838 most recent use—storage. Calumet Air Force Station Status: Excess Comment: 1056 sq. ft.; 1 story wood frame Bldg. 22 Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Landholding Agency: Air Force residence. Calumet Co: Keweenaw MI 49913– Property Number: 189010787 Bldg. 13 Landholding Agency: Air Force Status: Excess Calumet Air Force Station Property Number: 189010777 Comment: 83 sq. ft.; 1 story; concrete block; Calumet Co: Keweenaw MI 49913– Status: Excess potential utilities; most recent use— Landholding Agency: Air Force Comment: 1546 sq. ft.; 1 floor; concrete storage. Property Number: 189010839 block; potential utilities; possible asbestos; Bldg. 48 Status: Excess most recent use—administrative facility. Calumet Air Force Station Comment: 1056 sq. ft.; 1 story wood frame Bldg. 28 Calumet Co: Keweenaw MI 49913– residence. Calumet Air Force Station Landholding Agency: Air Force Bldg. 5 Calumet Co: Keweenaw MI 49913– Property Number: 189010788 Calumet Air Force Station Landholding Agency: Air Force Status: Excess Calumet Co: Keweenaw MI 49913– Property Number: 189010778 Comment: 96 sq. ft.; 1 story; concrete block; Landholding Agency: Air Force Status: Excess potential utilities; most recent use— Property Number: 189010840 Comment: 1000 sq. ft.; 1 floor; possible storage. Status: Excess asbestos; potential utilities; most recent Bldg. 49 Comment: 864 sq. ft.; 1 floor wood frame use—maintenance facility. Calumet Air Force Station residence; possible asbestos. Bldg. 40 Calumet Co: Keweenaw MI 49913– Bldg. 6 Calumet Air Force Station Landholding Agency: Air Force Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Property Number: 189010789 Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43589

Property Number: 189010841 Landholding Agency: Air Force Status: Excess Status: Excess Property Number: 189010868 Comment: 25 sq. ft.; 1 floor metal frame; prior Comment: 864 sq. ft.; 1 floor wood frame Status: Excess use—storage of fire hoses. residence; possible asbestos. Comment: 36 sq. ft.; 1 story metal frame; Bldg. 207 Bldg. 7 prior use—storage of fire hoses. Calumet Air Force Station Calumet Air Force Station Bldg. 33 Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Landholding Agency: Air Force Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Property Number: 189010885 Property Number: 189010842 Landholding Agency: Air Force Status: Excess Status: Excess Property Number: 189010869 Comment: 25 sq. ft.; 1 floor metal frame; prior Comment: 864 sq. ft.; 1 story wood frame Status: Excess use—storage of fire hoses. residence; possible asbestos. Comment: 36 sq. ft.; 1 story metal frame; Bldg. 153 Bldg. 8 prior use—storage of fire hoses. Calumet Air Force Station Calumet Air Force Station Bldg. 34 Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Landholding Agency: Air Force Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Property Number: 189010886 Property Number: 189010843 Landholding Agency: Air Force Status: Excess Status: Excess Property Number: 189010870 Comment: 4314 sq. ft.; 2 story concrete block Comment: 864 sq. ft.; 1 floor wood frame Status: Excess facility; (radar tower bldg.) potential use— residence; possible asbestos. Comment: 36 sq. ft.; 1 story metal frame; storage. Bldg. 4 prior use—storage of fire hoses. Bldg. 154 Calumet Air Force Station Bldg. 35 Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Property Number: 189010844 Landholding Agency: Air Force Property Number: 189010887 Status: Excess Property Number: 189010871 Status: Excess Comment: 2340 sq. ft.; 1 floor concrete block; Status: Excess Comment: 8960 sq. ft.; 4 story concrete block most recent use—heating facility. Comment: 36 sq. ft.; 1 story metal frame; facility; (radar tower bldg.) potential use— Bldg. 3 prior use—storage of fire hose. storage. Calumet Air Force Station Bldg. 39 Bldg. 157 Calumet Co: Keweenaw MI 49913– Calumet Air Force Station Calumet Air Force Station Landholding Agency: Air Force Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Property Number: 189010845 Landholding Agency: Air Force Landholding Agency: Air Force Status: Excess Property Number: 189010874 Property Number: 189010888 Comment: 5314 sq. ft.; 1 floor concrete block; Status: Excess Status: Excess possible asbestos; most recent use— Comment: 25 sq. ft.; 1 floor metal frame; prior Comment: 3744 sq. ft.; 1 story concrete/steel maintenance shop and office. use—storage of fire hoses. facility; (radar tower bldg.); potential use— Bldg. 1 Bldg. 202 storage. Calumet Air Force Station Calumet Air Force Station Missouri Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Landholding Agency: Air Force Jefferson Barracks ANG Base Property Number: 189010846 Property Number: 189010880 Missouri National Guard Status: Excess Status: Excess 1 Grant Road Comment: 4528 sq. ft.; 1 floor concrete block; Comment: 25 sq. ft.; 1 floor metal frame; prior St. Louis Co: St. Louis MO 63125–4118 possible asbestos; most recent use—office. use—storage of fire hoses. Landholding Agency: Air Force Property Number: 189010081 Bldg. 158 Bldg. 203 Status: Underutilized Calumet Air Force Station Calumet Air Force Station Comment: 20 acres; portion near flammable Calumet Co: Keweenaw MI 49913– Calumet Co: Keweenaw MI 49913– materials; portion on archaeological site; Landholding Agency: Air Force Landholding Agency: Air Force special fencing required. Property Number: 189010857 Property Number: 189010881 Status: Excess Status: Excess Montana Comment: 3603 sq. ft.; 1 story concrete/steel; Comment: 25 sq. ft.; 1 floor metal frame; prior Bldg. 00007 possible asbestos; most recent use— use—storage of fire hoses. Havre Air Force Station Co: Hill MT 59501– electrical power station. Bldg. 204 Landholding Agency: Air Force Bldg. 15 Calumet Air Force Station Property Number: 189330066 Calumet Air Force Station Calumet Co: Keweenaw MI 49913– Status: Unutilized Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Comment: 992 sq. ft., 1-story metal, most Landholding Agency: Air Force Property Number: 189010882 recent use—auto/hobby shop. Property Number: 189010864 Status: Excess Bldg. 00008 Status: Excess Comment: 25 sq. ft.; 1 floor metal frame; prior Havre Air Force Station Co: Hill MT 59501– Comment: 538 sq. ft.; 1 floor; concrete/wood use—storage of fire hoses. Landholding Agency: Air Force structure; potential utilities; most recent Bldg. 205 Property Number: 189330067 use—gymnasium facility. Calumet Air Force Station Status: Unutilized Bldg. 31 Calumet Co: Keweenaw MI 49913– Comment: 2640 sq. ft., 1-story metal, most Calumet Air Force Station Landholding Agency: Air Force recent use—vehicle parking. Calumet Co: Keweenaw MI 49913– Property Number: 189010883 Bldg. 00016 Landholding Agency: Air Force Status: Excess Havre Air Force Station Co: Hill MT 59501– Property Number: 189010867 Comment: 25 sq. ft.; 1 floor metal frame; prior Landholding Agency: Air Force Status: Excess use—storage of fire hoses. Property Number: 189330068 Comment: 36 sq. ft.; 1 story; metal frame; Bldg. 206 Status: Unutilized prior use—storage of fire hoses. Calumet Air Force Station Comment: 3604 sq. ft., 1-story cinder block, Bldg. 32 Calumet Co: Keweenaw MI 49913– most recent use—storage. Calumet Air Force Station Landholding Agency: Air Force Bldg. 00023 Calumet Co: Keweenaw MI 49913– Property Number: 189010884 Havre Air Force Station Co: Hill MT 59501– 43590 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Landholding Agency: Air Force Bldg. 00044 Landholding Agency: Air Force Property Number: 189330069 Havre Air Force Station Co: Hill MT 59501– Property Number: 189330090 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Comment: 3315 sq. ft., 1-story wood, most Property Number: 189330080 Comment: 36 sq. ft. each, most recent use— recent use—fire station. Status: Unutilized storage. Bldg. 00024 Comment: 3298 sq. ft., 1-story metal, most Malstrom Communications Annex Havre Air Force Station Co: Hill MT 59501– recent use—wood hobby shop. (Transmitter), 39 78th St., N. Landholding Agency: Air Force Bldgs. 51, 52, 56, 58 Malstrom AFB Co: Cascade MT 59405– Property Number: 189330070 Havre Air Force Station Co: Hill MT 59501– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189510023 Comment: 5016 sq. ft., 1-story brick, most Property Number: 189330081 Status: Excess recent use—dormitory. Status: Unutilized Comment: 1966 sq. ft., 1 story masonry block Bldg. 00027 Comment: 1352 sq. ft. each, 1-story wood, bldg. on 22 acres, limited utilities, roof Havre Air Force Station Co: Hill MT 59501– most recent use—residential. needs replacement Landholding Agency: Air Force Bldgs. 53–55, 57, 59, 61, 63, 65, 67, 69, 71 GSA Number: 7–D–MT–4240. Property Number: 189330071 Havre Air Force Station Co: Hill MT 59501– New Hampshire Status: Unutilized Landholding Agency: Air Force Bldg. 127 Comment: 14280 sq. ft., 1-story cinder block, Property Number: 189330082 New Boston Air Force Station most recent use—recreation center and Status: Unutilized Amherst Co: Hillsborough NH 03031–1514 commissary store. Comment: 1152 sq. ft., each, 1-story wood, Landholding Agency: Air Force Bldg. 00029 most recent use—residential. Property Number: 189320057 Havre Air Force Station Co: Hill MT 59501– Bldgs. 60, 62, 64, 66, 68 Status: Excess Landholding Agency: Air Force Havre Air Force Station Co: Hill MT 59501– Comment: 698 sq. ft., 1-story, concrete and Property Number: 189330072 Landholding Agency: Air Force metal frame, possible asbestos, access Status: Unutilized Property Number: 189330083 restrictions, most recent use—storage. Comment: 63 sq. ft., 1-story metal. Status: Unutilized Bldg. 00031 Comment: 1361 sq. ft. each, 1-story wood, Pennsylvania Havre Air Force Station Co: Hill MT 59501– most recent use—residential. Tract 302B Landholding Agency: Air Force Bldgs. 70, 72, 74, 78 Grays Landing Lock & Dam Project Property Number: 189330073 Havre Air Force Station Co: Hill MT 59501– Old Glassworks Co: Greene PA 15338– Status: Unutilized Landholding Agency: Air Force Landholding Agency: COE Comment: 3130 sq. ft., 1-story cinder block, Property Number: 189330084 Property Number: 319430017 most recent use—maintenance shop and Status: Unutilized Status: Unutilized admin. Comment: 1455 sq. ft. each, 1-story wood, Comment: 502 sq. ft., 2-story, needs repair, Bldg. 00032 most recent use—residential. most recent use—beauty shop/residence, if used for habitation must be flood proofed Havre Air Force Station Co: Hill MT 59501– Bldgs. 76, 80 or removed off-site. Landholding Agency: Air Force Havre Air Force Station Co: Hill MT 59501– Property Number: 189330074 Landholding Agency: Air Force Tract 314 Status: Unutilized Property Number: 189330085 Grays Landing Lock & Dam Project Comment: 64 sq. ft., metal, most recent use— Status: Unutilized Old Glassworks Co: Greene PA 15338– storage. Comment: 1343 sq. ft. each, 1-story wood, Landholding Agency: COE Bldg. 00035 most recent use—residential. Property Number 319430018 Havre Air Force Station Co: Hill MT 59501– Status: Unutilized Bldg. 82 Landholding Agency: Air Force Comment: 1864 sq. ft., 2-story, brick structure Havre Air Force Station Co: Hill MT 59501– Property Number: 189330075 needs repair, most recent use—residential, Status: Unutilized Landholding Agency: Air Force if used for habitation must be floodproofed Comment: 2252 sq. ft., 4-story metal, most Property Number: 189330086 or removed off-site. recent use—storage. Status: Unutilized Comment: 1553 sq. ft., 1-story wood, most Tract 353 Bldg. 00039 recent use—residential. Grays Landing Lock & Dam Project Havre Air Force Station Co: Hill MT 59501– Greensboro Co: Greene PA 15338– Landholding Agency: Air Force Bldgs. 150, 152, 154, 156, 158, 160, 162, 164, Landholding Agency: COE Property Number: 189330076 168, 170, 172, 174, 176, 178, 180, 182, Property Number: 319430019 Status: Unutilized 184—Havre Air Force Station Co: Hill MT Status: Unutilized Comment: 21824 sq. ft., 1-story masonry, 59501– Comment: 812 sq. ft., 2-story, log structure, most recent use—storage. Landholding Agency: Air Force needs repair, most recent use—residential, Bldg. 00040 Property Number: 189330087 if used for habitation must be flood proofed Havre Air Force Station Co: Hill MT 59501– Status: Unutilized or removed off-site. Comment: 1247 sq. ft. each, 1-story wood, Landholding Agency: Air Force Tract 402 most recent use—residential. Property Number: 189330077 Grays Landing Lock & Dam Project Status: Unutilized Bldgs. 106–109, 112–113 Greensboro Co: Greene PA 15338– Comment: 874 sq. ft., 1-story masonry, most Havre Air Force Station Co: Hill MT 59501– Landholding Agency: COE recent use—storage. Landholding Agency: Air Force Property Number: 319430020 Bldg. 00041 Property Number: 189330088 Status: Unutilized Havre Air Force Station Co: Hill MT 59501– Status: Unutilized Comment: 728 sq. ft., 2-story, needs repairs, Landholding Agency: Air Force Comment: 36 sq. ft. each, most recent use— most recent use—residential/parsonage, if Property Number: 189330078 fire hose house. used for habitation must be flood proofed Status: Unutilized Bldgs. 202, 204, 206, 212, 214, 216, 218 or removed off-site. Comment: 108 sq. ft., 1-story masonry. Harve Air Force Station Co: Hill MT 59501– Tract 403A Bldg. 00042 Landholding Agency: Air Force Grays Landing Lock & Dam Project Havre Air Force Station Co: Hill MT 59501– Property Number: 189330089 Greensboro Co: Greene PA 15338– Landholding Agency: Air Force Status: Unutilized Landholding Agency: COE Property Number: 189330079 Comment: 72 sq. ft. each, most recent use— Property Number: 319430021 Status: Unutilized storage units. Status: Unutilized Comment: 760 sq. ft., 1-story masonry, most Bldgs. 208, 210 Comment: 620 sq. ft., 2-story, needs repair, recent use—warehouse. Havre Air Force Station Co: Hill MT 59501– most recent use—residential, if used for Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43591

habitation must be flood proofed or Dale Hollow Lake and Dam Project Highland Co: San Bernadino CA 92409–5045 removed off-site. Dale Hollow Resource Mgr Office, Rt 1, Box Landholding Agency: Air Force Tract 403B 64 Property Number: 189010194 Grays Landing Lock & Dam Project Celina Co: Clay TN 38551– Status: Excess Greensboro Co: Greene PA 15338– Landholding Agency: COE Comment: 30.3 acres; most recent use— Landholding Agency: COE Property Number: 31914005 recreational area; portion subject to Property Number: 319430022 Status: Unutilized easements. Status: Unutilized Comment: 1400 sq. ft., concrete block, Excess Land at Eureka Housing Comment: 1600 sq. ft., 2-story, brick possible security restrictions, subject to Eureka Co: Humboldt CA 95501– structure, needs repair, most recent use— existing easements. Landholding Agency: DOT residential, if used for habitation must be Texas Property Number: 879540001 flood proofed or removed off-site. Bldg. 696 Status: Unutilized Tract 403C Brooks Air Force Base Comment: .5 acres, encroachment by Grays Landing Lock & Dam Project San Antonio Co: Bexar TX 78235– adjoining land owners, easement. Greensboro Co: Greene PA 15338– Landholding Agency: Air Force Florida Landholding Agency: COE Property Number: 189110091 Property Number: 319430023 Woodland Tract Status: Unutilized Elgin AFB, AF Enlisted Widows’ Home Status: Unutilized Comment: 1344 sq. ft.; possible asbestos; Comment: 672 sq. ft., 2-story carriage house/ Ft. Walton Beach Co: Okaloosa FL 32542– most recent use—auto hobby shop; needs 5000 stable barn type structure, needs repair, rehab. most recent use—storage/garage, if used for Landholding Agency: Air Force habitation must be flood proofed or Bldg. 697 Property Number: 189540020 removed. Brooks Air Force Base Status: Unutilized San Antonio Co: Bexar TX 78235– Comment: 3.43 acres, easement. Tract 434 Landholding Agency: Air Force Grays Landing Lock & Dam Project Georgia Property Number: 189110092 Greensboro Co: Greene PA 15338– Status: Unutilized Land—St. Simons Boathouse Landholding Agency: COE Comment: 770 sq. ft.; possible asbestos; most St. Simons Island Co: Glynn GA 31522–0577 Property Number: 319430024 recent use—supply store; needs rehab. Landholding Agency: DOT Status: Unutilized Property Number: 879540003 Bldg. 698 Comment: 1059 sq. ft., 2-story, wood frame, Status: Unutilized Brooks Air Force Base 2 apt. units, historic property, if used for Comment: .08 acres, most recent—pier and San Antonio Co: Bexar TX 78235– habitation must be flood proofed or dockage for Coast Guard boats. removed off-site. Landholding Agency: Air Force Illinois Tract 440 Property Number: 189110093 Grays Landing Lock & Dam Project Status: Unutilized Lake Shelbyville Greensboro Co: Greene PA 15338– Comment: 5815 sq. ft.; 1 story corrugated Shelbyville Co: Shelby & Moultr IL 62565– Landholding Agency: COE iron; possible asbestos; needs rehab; most 9804 Property Number: 319430025 recent use—recreation, workshop. Landholding Agency: COE Status: Unutilized Brownsville Urban System Property Number: 319240004 Comment: 1000 sq. ft., 2-story, asbestos (Grantee) Status: Unutilized shingle siding, most recent use— 700 South Iowa Avenue Comment: 5 parcels of land equalling 0.70 residential, if used for habitation must be Brownsville Co: Cameron TX 78520– acres, improved w/4 small equipment flood proofed or removed off-site. Landholding Agency: DOT storage bldgs. and a small access road, Tract 224 Property Number: 879010003 easement restrictions. Grays Landing Lock & Dam Project Status: Unutilized Kentucky Greensboro Co: Greene PA 15338– Comment: 3500 sq. ft., 1 story concrete block, (2nd floor of Admin. Bldg.) on 10750 sq. Carr Fork Lake Landholding Agency: COE 5 miles SE of Hindman, Ky., Hwy. 60 Property Number: 319440001 ft. land, contains underground diesel fuel tanks. Hindman Co: Knott Ky Status: Unutilized Landholding Agency: COE Comment: 1040 sq. ft., 2 story bldg., needs Wisconsin Property Number: 319240003 repair, historic struct., flowage easement, if Former Lockmaster’s Dwelling Status: Unutilized habitation is desired property will be DePere Lock Comment: 2.81 acres, most recent use— required to be flood proofed or removed off 100 James Street drainage area for bank stabilization for site. De Pere Co: Brown WI 54115– adjacent cemetary. Tract 301 Landholding Agency: COE North Dakota Grays Landing Lock & Dam Project Property Number: 319011526 Greensboro Co: Greene PA 15338– Status: Unutilized Tracts V–1971B, V–1971 Landholding Agency: COE Comment: 1224 sq. ft.; 2 story brick/wood Garrison Dam/Lake Sakakawea Co: McKenzie Property Number: 319440002 frame residence; needs rehab; secured area ND Status: Excess with alternate access. Landholding Agency: COE Comment: 1330 sq. ft., 2 story brick bldg., Property Number: 319620006 needs repair, historic struct., flowage Land (by State) Status: Unutilized easement, if habitation is desired the California Comment: approx. 4.49 acres, most recent property will be required to be flood use—cattle ranching operation, rough proofed or removed. Camp Kohler Annex McClellan AFB broken ground—Badlands. Tract 408E Sacramento Co: Sacramento CA 95652–5000 Pennsylvania Grays Landing Lock & Dam Project Landholding Agency: Air Force East Branch Clarion River Lake Greensboro Co: Greene PA 15338– Property Number: 189010045 Landholding Agency: COE Wilcox Co: Elk PA Status: Unutilized Location: Free camping area on the right Property Number: 319440003 Comment: 35.30 acres + .11 acres easement; Status: Excess bank off entrance roadway. 30+ acres undeveloped; potential utilities; Landholding Agency: COE Comment: 1187 sq. ft., 2 story brick bldg., secured area; alternate access. historic structure, flowage easement. Property Number: 319011012 Norton Com. Facility Annex Status: Underutilized Tennessee Norton AFB Comment: 1 acre; most recent use—free Transient Quarters Sixth and Central Streets campground. 43592 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Dashields Locks and Dam Near Rt. 6, 9 miles south of Race Point Comment: 2750 Sq. ft., one story family (Glenwillard, PA) North Truro Co: Barnstable MA 02652– housing, easement restrictions, potential Crescent Twp. Co: Allegheny PA 15046–0475 Landholding Agency: DOT utilities, off-site removal only. Landholding Agency: COE Property Number: 879430007 Bldg. 306 Property Number: 319210009 Status: Excess Nellis Air Force Base Status: Unutilized Comment: 2 living units, 930 sq. ft. each, 1- Indian Springs AF Aux. Field Comment: 0.58 acres, most recent use— story each, located on eroding ocean bluff, Indian Springs Co: Clark NV 89018– baseball field. scheduled to be vacated 9/94. Landholding Agency: Air Force Texas Nahant Towers Property Number: 189120007 Part of Tract 340 Nahant Co: Essex MA Status: Unutilized Joe Pool Lake Co: Dallas TX Landholding Agency: DOT Comment: 2750 Sq. ft., one story family Landholding Agency: COE Property Number: 879530001 housing, easement restrictions, potential Property Number: 319010400 Status: Unutilized utilities, off-site removal only. Status: Unutilized Comment: 196 sq. ft., 8-story observation Bldg. 307 Comment: 1 acre; future use—recreation. tower. Nellis Air Force Base Washington Nevada Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– Portion of Tract 905 Bldg. 300 Landholding Agency: Air Force Lower Monumental Lock & Dam Nellis Air Force Base Property Number: 189120008 1 ⁄2 mi SE of Lyons Ferry Marina Co: Whitman Indian Springs AF Aux. Field Status: Unutilized WA Indian Springs Co: Clark NV 89018– Comment: 2170 Sq. ft., one story family Landholding Agency: COE Landholding Agency: Air Force housing, easement restrictions, potential Property Number: 319320005 Property Number: 189120001 utilities, off-site removal only. Status: Excess Status: Unutilized Bldg. 308 Comment: 3.788 acres with encroaching Comment: 1573 Sq. ft., one story family Nellis Air Force Base private well. housing, easement restrictions, potential Indian Springs AF Aux. Field utilities, off-site removal only. Suitable/To Be Excessed Indian Springs Co: Clark NV 89018– Bldg. 301 Landholding Agency: Air Force Buildings (by State) Nellis Air Force Base Property Number: 189120009 Massachusetts Indian Spring AF Aux. Field Status: Unutilized Indian Springs Co: Clark NV 89018– Cuttyhunk Boathouse Comment: 2170 Sq. ft., one story family South Shore of Cuttyhunk Pond Landholding Agency: Air Force housing, easement restrictions, potential Gosnold Co: Dukes MA 02713– Property Number: 189120002 utilities, off-site removal only. Landholding Agency: DOT Status: Unutilized Bldg. 309 Property Number: 879310001 Comment: 1573 Sq. ft., one story family Nellis Air Force Base Status: Unutilized housing, easement restrictions, potential Indian Springs AF Aux. Field Comment: 2700 sq. ft., wood frame, one utilities, off-site removal only. Indian Springs Co: Clark NV 89018– story, needs rehab, limited utilities, off-site Bldg. 302 Landholding Agency: Air Force use only. Nellis Air Force Base Property Number: 189120010 Nauset Beach Light Indian Springs AF Aux. Field Status: Unutilized Nauset Beach Co: Barnstable MA Indian Springs Co: Clark NV 89018– Comment: 2170 Sq. ft., one story family Landholding Agency: DOT Landholding Agency: Air Force housing, easement restrictions, potential Property Number: 879420001 Property Number: 189120003 utilities, off-site removal only. Status: Unutilized Status: Unutilized Bldg. 310 Comment: 48 foot tower, cylindrical cast Comment: 1573 Sq. ft., one story family Nellis Air Force Base iron, most recent use—aid to navigation. housing, easement restrictions, potential Indian Springs AF Aux. Field utilities, off-site removal only. Plymouth Light Indian Springs Co: Clark NV 89018– Co: Plymouth MA Bldg. 303 Landholding Agency: Air Force Landholding Agency: DOT Nellis Air Force Base Property Number: 189120011 Property Number: 879420003 Indian Springs AF Aux. Field Status: Unutilized Status: Unutilized Indian Springs Co: Clark NV 89018– Comment: 2170 Sq. ft., one story family Comment: 250 sq. ft. tower, and 2096 sq. ft. Landholding Agency: Air Force housing, easement restrictions, potential dwelling, wood frame, most recent use— Property Number: 189120004 utilities, off-site removal only. aid to navigation/housing. Status: Unutilized Bldg. 311 Light Tower, Highland Light Comment: 2750 Sq. ft., one story family Nellis Air Force Base Near Rt. 6, 9 miles south of Race Point housing, easement restrictions, potential Indian Springs AF Aux. Field North Truro Co: Barnstable MA 02652– utilities, off-site removal only. Indian Springs Co: Clark NV 89018– Landholding Agency: DOT Bldg. 304 Landholding Agency: Air Force Property Number: 879430005 Nellis Air Force Base Property Number: 189120012 Status: Excess Indian Springs AF Aux. Field Status: Unutilized Comment: 66 ft. tower, 14′9′′ diameter, brick Indian Springs Co: Clark NV 89018– Comment: 2424 Sq. ft., one story family structure, scheduled to be vacated 9/94. Landholding Agency: Air Force housing, easement restrictions, potential Keepers Dwelling Property Number: 189120005 utilities, off-site removal only. Highland Light Status: Unutilized Bldg. 312 Near Rt. 6, 9 miles south of Race Point Comment: 2750 Sq. ft., one story family Nellis Air Force Base North Truro Co: Barnstable MA 02652– housing, easement restrictions, potential Indian Springs AF Aux. Field Landholding Agency: DOT utilities, off-site removal only. Indian Springs Co: Clark NV 89018– Property Number: 879430006 Bldg. 305 Landholding Agency: Air Force Status: Excess Nellis Air Force Base Property Number: 189120013 Comment: 1160 sq. ft., 2-story wood frame, Indian Springs AF Aux. Field Status: Unutilized attached to light tower, scheduled to be Indian Springs Co: Clark NV 89018– Comment: 2424 Sq. ft., one story family vacated 9/94. Landholding Agency: Air Force housing, easement restrictions, potential Duplex Housing Unit Property Number: 189120006 utilities, off-site removal only. Highland Light Status: Unutilized Bldg. 313 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43593

Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 2170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120014 Bldg. 321 Property Number: 189120029 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 314 Property Number: 189120022 Bldg. 333 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 2170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120015 Bldg. 322 Property Number: 189120030 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 315 Property Number: 189120023 Bldg. 334 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 2170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120016 Bldg. 323 Property Number: 189120031 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 316 Property Number: 189120024 Bldg. 335 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 1233 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 18912017 Bldg. 324 Property Number: 189120032 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 317 Property Number: 189120025 Bldg. 336 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120018 Bldg. 325 Property Number: 189120033 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 318 Property Number: 189120026 Bldg. 337 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120019 Bldg. 326 Property Number: 189120034 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 319 Property Number: 189120027 Bldg. 338 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120020 Bldg. 331 Property Number: 189120035 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 2424 Sq. ft., one story family Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 320 Property Number: 189120028 Bldg. 339 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120021 Bldg. 332 Property Number: 189120036 43594 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Status: Unutilized Nellis Air Force Base Landholding Agency: Air Force Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Property Number: 189120051 housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Status: Unutilized utilities, off-site removal only. Landholding Agency: Air Force Comment: 2605 Sq. ft., one story, most recent Bldg. 340 Property Number: 189120044 use—child care facility, easement Nellis Air Force Base Status: Unutilized restrictions, potential utilities, off-site Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Bldg. 3027 Landholding Agency: Air Force utilities, off-site removal only. Nellis Air Force Base Property Number: 189120037 Bldg. 351 Indian Springs AF Aux. Field Status: Unutilized Nellis Air Force Base Indian Springs Co: Clark NV 89018– Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Property Number: 189120052 utilities, off-site removal only. Landholding Agency: Air Force Status: Unutilized Bldg. 341 Property Number: 189120045 Comment: 120 Sq. ft., one story, most recent Nellis Air Force Base Status: Unutilized use—storage, easement restrictions, Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family potential utilities, off-site removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Landholding Agency: Air Force utilities, off-site removal only. Bldg. 3028 Property Number: 189120038 Nellis Air Force Base Bldg. 352 Indian Springs AF Aux. Field Status: Unutilized Nellis Air Force Base Indian Springs Co: Clark NV 89018– Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Landholding Agency: Air Force housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Property Number: 189120053 utilities, off-site removal only. Landholding Agency: Air Force Status: Unutilized Bldg. 343 Property Number: 189120046 Comment: 60 Sq. ft., one story, most recent Nellis Air Force Base Status: Unutilized use—storage, easement restrictions, Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family potential utilities, off-site removal only. Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Landholding Agency: Air Force utilities, off-site removal only. Bldg. 3029 Nellis Air Force Base Property Number: 189120039 Bldg. 353 Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120054 Bldg. 335 Property Number: 189120047 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family use—storage, easement restrictions, Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential potential utilities, off-site removal only. Landholding Agency: Air Force utilities, off-site removal only. Bldg. 3030 Property Number: 189120040 Bldg. 400 Nellis Air Force Base Status: Unutilized Nellis Air Force Base Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Indian Springs AF Aux. Field Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force utilities, off-site removal only. Landholding Agency: Air Force Property Number: 189120055 Bldg. 346 Property Number: 189120048 Status: Unutilized Nellis Air Force Base Status: Unutilized Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field Comment: 2464 Sq. ft., one story, most recent use—storage, easement restrictions, Indian Springs Co: Clark NV 89018– use—maintenance shop, easement potential utilities, off-site removal only. Landholding Agency: Air Force restrictions, potential utilities, off-site Bldg. 3031 Property Number: 189120041 removal only. Nellis Air Force Base Status: Unutilized Bldg. 402 Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Nellis Air Force Base Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs AF Aux. Field Landholding Agency: Air Force utilities, off-site removal only. Indian Springs Co: Clark NV 89018– Property Number: 189120056 Bldg. 348 Landholding Agency: Air Force Status: Unutilized Nellis Air Force Base Property Number: 189120049 Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field Status: Unutilized use—storage, easement restrictions, Indian Springs Co: Clark NV 89018– Comment: 2570 Sq. ft., one story, most recent potential utilities, off-site removal only. Landholding Agency: Air Force use—Chapel, easement restrictions, Bldg. 3032 Property Number: 189120042 potential utilities, off-site removal only. Nellis Air Force Base Status: Unutilized Bldg. 404 Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Nellis Air Force Base Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Indian Springs AF Aux. Field Landholding Agency: Air Force utilities, off-site removal only. Indian Springs Co: Clark NV 89018– Property Number: 189120057 Bldg. 349 Landholding Agency: Air Force Status: Unutilized Nellis Air Force Base Property Number: 189120050 Comment: 120 Sq. ft., one story, most recent Indian Springs AF Aux. Field Status: Unutilized use—storage, easement restrictions, Indian Springs Co: Clark NV 89018– Comment: 2376 Sq. ft., one story, most recent potential utilities, off-site removal only. Landholding Agency: Air Force use—religious education facility, easement Bldg. 3033 Property Number: 189120043 restrictions, potential utilities, off-site Nellis Air Force Base Status: Unutilized removal only. Indian Springs AF Aux. Field Comment: 1170 Sq. ft., one story family Bldg. 406 Indian Springs Co: Clark NV 89018– housing, easement restrictions, potential Nellis Air Force Base Landholding Agency: Air Force utilities, off-site removal only. Indian Springs AF Aux. Field Property Number: 189120058 Bldg. 350 Indian Springs Co: Clark NV 89018– Status: Unutilized Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43595

Comment: 120 Sq. ft., one story, most recent Hancock Field Oregon use—storage, easement restrictions, Syracuse Co: Onandaga NY 13211– Yaquina Head Lighthouse potential utilities, off-site removal only. Landholding Agency: Air Force 860 Lighthouse Drive Bldg. 3034 Property Number: 189530048 Newport Co: Lincoln OR 97365– Nellis Air Force Base Status: Excess Landholding Agency: DOT Indian Springs AF Aux. Field Comment: 4955 sq. ft., 2 story concrete block, Property Number: 879430003 Indian Springs Co: Clark NV 89018– needs rehab, most recent use— Status: Underutilized Landholding Agency: Air Force administration. Comment: 300 sq. ft. tower and needs repair, Property Number: 189120059 Bldg. 2 4.52 acres lighthouse area, historic Status: Unutilized Hancock Field property. Comment: 120 Sq. ft., one story, most recent Syracuse Co: Onandaga NY 13211– use—storage, easement restrictions, Land (by State) Landholding Agency: Air Force potential utilities, off-site removal only. Georgia Property Number: 189530049 Bldg. 3035 Status: Excess Lake Sidney Lanier Nellis Air Force Base Comment: 1476 sq. ft., 1 story concrete block, Co: Forsyth GA 30130– Indian Springs AF Aux. Field needs rehab, most recent use—repair shop. Location: Located on Two Mile Creek adj. to Indian Springs Co: Clark NV 89018– State Route 369 Bldg. 6 Landholding Agency: Air Force Landholding Agency: COE Hancock Field Property Number: 189120060 Property Number: 319440010 Status: Unutilized Syracuse Co: Onandaga NY 13211– Status: Unutilized Comment: 120 Sq. ft., one story, most recent Landholding Agency: Air Force Comment: 0.25 acres, endangered plant use—storage, easement restrictions, Property Number: 189530050 species. potential utilities, off-site removal only. Status: Excess Comment: 2466 sq. ft., 1 story concrete block, Lake Sidney Lanier—3 parcels Bldg. 3036 Gainesville Co: Hall GA 30503– needs rehab, most recent use—repair shop. Nellis Air Force Base Location: Between Gainesville H.S. and State Indian Springs AF Aux. Field Bldg. 11 Route 53 By-Pass Indian Springs Co: Clark NV 89018– Hancock Field Landholding Agency: COE Landholding Agency: Air Force Syracuse Co: Onandage NY 13211– Property Number: 319440011 Property Number: 189120061 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189530051 Comment: 3 parcels totalling 5.17 acres, most Comment: 120 Sq. ft., one story, most recent Status: Excess recent use—buffer zone, endangered plant use—storage, easement restrictions, Comment: 1750 sq. ft., 1 story wood frame, species. potential utilities, off-site removal only. needs rehab, most recent use—storage. Indiana Bldg. 3037 Bldg. 8 Brookville Lake—Land Nellis Air Force Base Hancock Field Liberty Co: Union IN 47353– Indian Springs AF Aux. Field Syracuse Co: Onandaga NY 13211– Landholding Agency: COE Indian Springs Co: Clark NV 89018– Landholding Agency: Air Force Property Number: 319440009 Landholding Agency: Air Force Property Number: 189530052 Property Number: 189120062 Status: Unutilized Status: Excess Status: Unutilized Comment: 6.91 acres, limited utilities. Comment: 1812 sq. ft., 1 story concrete block, Comment: 120 Sq. ft., one story, most recent needs rehab, most recent use—repair shop Kansas use—storage, easement restrictions, #1 potential utilities, off-site removal only. communications. Parcel Fall River Lake Bldg. 3038 Bldg. 14 Hancock Field Section 26 Nellis Air Force Base Co: Greenwood KS Indian Springs AF Aux. Field Syracuse Co: Onandaga NY 13211– Landholding Agency: Air Force Landholding Agency: COE Indian Springs Co: Clark NV 89018– Property Number: 319010065 Landholding Agency: Air Force Property Number: 189530053 Status: Unutilized Property Number: 189120063 Status: Excess Comment: 126.69 acres; most recent use— Status: Unutilized Comment: 156 sq. ft., 1 story wood frame, recreation and leased cottage sites. Comment: 120 Sq. ft., one story, most recent most recent use—vehicle fuel station. use—storage, easement restrictions, Bldg. 30 Parcel No. 2, El Dorado Lake potential utilities, off-site removal only. Hancock Field Approx. 1 mi east of the town of El Dorado Co: Butler KS Bldg. 3039 Syracuse Co: Onandaga NY 13211– Landholding Agency: COE Nellis Air Force Base Landholding Agency: Air Force Property Number: 319210005 Indian Springs AF Aux. Field Property Number: 189530054 Status: Unutilized Indian Springs Co: Clark NV 89018– Status: Excess Comment: 11 acres, part of a relocated Landholding Agency: Air Force Comment: 3649 sq. ft., 1 story, needs rehab, railroad bed, rural area. Property Number: 189120064 most recent use—assembly hall. Status: Unutilized Bldg. 31 Massachusetts Comment: 120 Sq. ft., one story, most recent Hancock Field Buffumville Dam use—storage, easement restrictions, Syracuse Co: Onandaga NY 13211– Flood Control Project potential utilities, off-site removal only. Landholding Agency: Air Force Gale Road Bldg. 3040 Property Number: 189530055 Carlton Co: Worcester MA 01540–0155 Nellis Air Force Base Status: Excess Location: Portion of tracts B–200, B–248, B– Indian Springs AF Aux. Field Comment: 8252 sq. ft., 1 story concrete block, 251, B–204, B–247, B–200 and B–256 Indian Springs Co: Clark NV 89018– most recent use—storage. Landholding Agency: COE Landholding Agency: Air Force Property Number: 319010016 Bldg. 32 Property Number: 189120065 Status: Excess Hancock Field Status: Unutilized Comment: 1.45 acres. Syracuse Co: Onandaga NY 13211– Comment: 120 Sq. ft., one story, most recent Michigan use-storage, easement restrictions, Landholding Agency: Air Force potential utilities, off-site removal only. Property Number: 189530056 U.S. Coast Guard—Air Station Status: Excess Traverse City Co: Grand Traverse MI 49684– New York Comment: 1627 sq. ft., 1 story concrete block, Landholding Agency: DOT Bldg. 1 most recent use—storage. Property Number: 879120099 43596 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Status: Underutilized Landholding Agency: DOT Status: Unutilized Comment: 21.7 acres, most recent use—helo Property Number: 879120001 Reason: Secured Area; Isolated area; Not landings. Status: Excess accessible by road; Contamination. Minnesota Reason: Floodway. Bldg. 306 Dwelling B Tract #3 King Salmon Airport USCG Mobile Pt. Station Lac Qui Parle Flood Control Project 21 CSG/DEER Ft. Morgan County Rd. 13 Elmendorf AFB Co: Anchorage AK 99506– Gulfshores Co: Baldwin AL 36542– Watson Co: Lac Qui Parle MN 56295– 5000 Landholding Agency: DOT Landholding Agency: COE Landholding Agency: Air Force Property Number: 879120002 Property Number: 319340006 Property Number: 189010301 Status: Excess Status: Unutilized Status: Unutilized Reason: Floodway. Comment: approximately 2.9 acres, fallow Reason: Secured Area; Isolated area; Not land. Oil House accessible by road; Contamination. USCG Mobile Pt. Station Tract #34 Bldg. 11–230 Ft. Morgan Lac Qui Parle Flood Control Project Elmendorf Air Force Base Gulfshores Co: Baldwin AL 36542– Marsh Lake 21 CSG/DEER Landholding Agency: DOT Watson Co: Lac Qui Parle MN 56295– Elmendorf AFB Co: Anchorage AK 99506– Property Number: 879120003 Landholding Agency: COE 5000 Status: Excess Property Number: 319340007 Landholding Agency: Air Force Reason: Floodway. Status: Unutilized Property Number: 189010303 Comment: approx. 8 acres, fallow land. Garage Status: Unutilized USCG Mobile Pt. Station Reason: Secured Area; Contamination. New York Ft. Morgan Bldg. 21–116 14.90 Acres Gulfshores Co: Baldwin AL 36542– Elmendorf Air Force Base Hancock Field Landholding Agency: DOT 21 CSG/DEER Syracuse Co: Onandaga NY 13211– Property Number: 879120004 Elmendorf AFB Co: Anchorage AK 99506– Landholding Agency: Air Force Status: Excess 5000 Property Number: 189530057 Reason: Floodway. Landholding Agency: Air Force Status: Excess Shop Building Property Number: 189010304 Comment: Fenced in compound, most recent USCG Mobile Pt. Station Status: Unutilized use—Air Natl. Guard Communication & Ft. Morgan Reason: Secured Area; Contamination. Electronics Group. Gulfshores Co: Baldwin AL 36542– Bldg. 63–320 Tennessee Landholding Agency: DOT Elmendorf Air Force Base Property Number: 879120005 Tract D–456 21 CSG/DEER Status: Excess Elmendorf AFB Co: Anchorage AK 99506– Cheatham Lock and Dam Reason: Floodway. Ashland Co: Cheatham TN 37015– 5000 Location: Right downstream bank of Alaska Landholding Agency: Air Force Sycamore Creek. Bldg. 203 Property Number: 189010307 Landholding Agency: COE Tin City Air Force Station Status: Unutilized Property Number: 319010942 21 CSG/DEER Reason: Secured Area; Contamination. Status: Excess Elmendorf AFB Co: Anchorage AK 99506– Bldg. 63–325 Comment: 8.93 acres; subject to existing 5000 Elmendorf Air Force Base easements. Landholding Agency: Air Force 21 CSG/DEER Texas Property Number: 189010296 Elmendorf AFB Co: Anchorage AK 99506– Status: Unutilized 5000 Tract J–957 Reason: Secured Area; Isolated area; Not Landholding Agency: Air Force Whitney Lake accessible by road; Contamination. Property Number: 189010308 Bosque Co: Bosque TX Bldg. 165 Status: Unutilized Location: Via Avenue B within the Sparrevohn Air Force Station Reason: Secured Area; Contamination. community of Kopperl. 21 CSG/DEER Landholding Agency: COE Bldg. 103 Elmendorf AFB Co: Anchorage AK 99506– Property Number: 319110029 Ft. Yukon Air Force Station 5000 Status: Unutilized 21 CSG/DEER Landholding Agency: Air Force Comment: 1.368 acres; potential utilities; Elmendorf AFB Co: Anchorage AK 99506– Property Number: 189010298 encroachments on large portion of 5000 Status: Unutilized property. Landholding Agency: Air Force Reason: Secured Area; Isolated area; Not Property Number: 189010309 Corpus Christi Ship Channel accessible by road; Contamination. Status: Unutilized Corpus Christi Co: Neuces TX Bldg. 150 Reason: Secured Area; Isolated area; Not Location: East side of Carbon Plant Road, Sparrevohn Air Force Station accessible by road; Contamination. approx. 14 miles NW of downtown Corpus 21 CSG/DEER Christi Bldg. 110 Elmendorf AFB Co: Anchorage AK 99506– Landholding Agency: COE Ft. Yukon Air Force Station 5000 Property Number: 319240001 21 CSG/DEER Landholding Agency: Air Force Status: Unutilized Elmendorf AFB Co: Anchorage AK 99506– Property Number: 189010299 Comment: 4.4 acres, most recent use—farm 5000 Status: Unutilized land. Landholding Agency: Air Force Reason: Secured Area; Isolated area; Not Property Number: 189010310 Unsuitable Properties accessible by road; Contamination. Status: Unutilized Reason: Secured Area; Isolated area; Not Buildings (by State) Bldg. 130 Sparrevohn Air Force Station accessible by road; Contamination. Alabama 21 CSG/DEER Bldg. 112 Dwelling A Elmendorf AFB Co: Anchorage AK 99506– Ft. Yukon Air Force Station USCG Mobile Pt. Station 5000 21 CSG/DEER Ft. Morgan Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Gulfshores Co: Baldwin AL 36542– Property Number: 189010300 5000 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43597

Landholding Agency: Air Force Bldg. 107 Landholding Agency: Air Force Property Number: 189010311 Cape Lisburne Air Force Station Property Number: 189010327 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 113 Landholding Agency: Air Force Bldg. 1055 Ft. Yukon Air Force Station Property Number: 189010320 Cape Lisburne Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 115 Landholding Agency: Air Force Property Number: 189010312 Ft. Yukon Air Force Station Property Number: 189010328 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 114 Landholding Agency: Air Force Bldg. 1056 Ft. Yukon Air Force Station Property Number: 189010321 Cape Lisburne Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 113 Landholding Agency: Air Force Property Number: 189010313 Cape Lisburne Air Force Station Property Number: 189010329 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 115 Landholding Agency: Air Force Bldg. 103 Ft. Yukon Air Force Station Property Number: 189010322 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 150 Landholding Agency: Air Force Property Number: 189010314 Cape Lisburne Air Force Station Property Number: 189010330 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 88506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 118 Landholding Agency: Air Force Bldg. 104 Ft. Yukon Air Force Station Property Number: 189010323 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 152 Landholding Agency: Air Force Property Number: 189010315 Cape Lisburne Air Force Station Property Number: 189010331 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 1018 Landholding Agency: Air Force Bldg. 105 Ft. Yukon Air Force Station Property Number: 189010324 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 301 Landholding Agency: Air Force Property Number: 189010317 Cape Lisburne Air Force Station Property Number: 189010332 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 1025 Landholding Agency: Air Force Bldg. 110 Ft. Yukon Air Force Station Property Number: 189010325 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 1001 Landholding Agency: Air Force Property Number: 189010318 Cape Lisburne Air Force Station Property Number: 189010333 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. Bldg. 1055 Landholding Agency: Air Force Bldg. 114 Ft. Yukon Air Force Station Property Number: 189010326 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– 5000 accessible by road; Contamination. 5000 Landholding Agency: Air Force Bldg. 1003 Landholding Agency: Air Force Property Number: 189010319 Cape Lisburne Air Force Station Property Number: 189010334 Status: Unutilized 21 CSG/DEER Status: Unutilized Reason: Secured Area; Isolated area; Not Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area; Isolated area; Not accessible by road; Contamination. 5000 accessible by road; Contamination. 43598 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Bldg. 202 Bldg. 1570, Galena Airport Tin City Long Range Radar Site Kotzebue Air Force Station Elmendorf AFB AK 99506–4420 Wales Co: Nome AK 21 CSG/DEER Landholding Agency: Air Force Landholding Agency: Air Force Elmendorf Co: Anchorage AK 99506–5000 Property Number: 189420003 Property Number: 189520013 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189010335 Reason: Floodway; Secured Area; Extensive Reason: Secured Area; Extensive Status: Unutilized deterioration. deterioration. Reason: Secured Area; Isolated area; Not Bldg. 1700, Galena Airport Bldg. 110 accessible by road; Contamination. Elmendorf AFB AK 99506–4420 Tin City Long Range Radar Site Bldg. 204 Landholding Agency: Air Force Wales Co: Nome AK Kotzebue Air Force Station Property Number: 189420004 Landholding Agency: Air Force 21 CSG/DEER Status: Unutilized Property Number: 189520014 Elmendorf AFB Co: Anchorage AK 99506– Reason: Floodway; Secured Area; Extensive Status: Unutilized 5000 deterioration. Reason: Secured Area; Extensive Landholding Agency: Air Force Bldg. 1832, Galena Airport deterioration. Property Number: 189010336 Elmendorf AFB AK 99506–4420 Bldg. 646 Status: Unutilized Landholding Agency: Air Force King Salmon Airport Reason: Secured Area; Isolated area; Not Property Number: 189420005 Naknek Co: Bristol Bay AK accessible by road; Contamination. Status: Unutilized Landholding Agency: Air Force Bldg. 205 Reason: Floodway; Secured Area; Extensive Property Number: 189520015 Kotzebue Air Force Station deterioration. Status: Unutilized 21 CSG/DEER Bldg. 1842, Galena Airport Reason: Secured Area; Extensive Elmendorf AFB Co: Anchorage AK 99506– Elmendorf AFB AK 99506–4420 deterioration. 5000 Landholding Agency: Air Force Bldg. 2541 Landholding Agency: Air Force Property Number: 189420006 Galena Airport Property Number: 189010337 Status: Unutilized Galena Co: Yukon AK Status: Unutilized Reason: Floodway; Secured Area; Extensive Landholding Agency: Air Force Reason: Secured Area; Isolated area; Not deterioration. Property Number: 189520016 accessible by road; Contamination. Bldg. 1844, Galena Airport Status: Unutilized Bldg. 1001 Elmendorf AFB AK 99506–4420 Reason: Secured Area; Extensive Kotzebue Air Force Station Landholding Agency: Air Force deterioration. 21 CSG/DEER Property Number: 189420007 Bldg. 1770 Elmendorf AFB Co: Anchorage AK 99506– Status: Unutilized Galena Airport 5000 Reason: Floodway; Secured Area; Extensive Galena Co: Yukon AK Landholding Agency: Air Force deterioration. Landholding Agency: Air Force Property Number: 189010338 Bldg. 1853, Galena Airport Property Number: 189520017 Status: Unutilized Elmendorf AFB AK 99506–4420 Status: Unutilized Reason: Secured Area; Isolated area; Not Landholding Agency: Air Force Reason: Secured Area; Extensive accessible by road; Contamination. Property Number: 189440011 deterioration. Bldg. 1015 Status: Unutilized Bldg. 1 Kotzebue Air Force Station Reason: Secured Area; Floodway. Lonely Dewline Site 21 CSG/DEER Bldg. 24–825 Fairbanks Co: Fairbanks NS AK Elmendorf AFB Co: Anchorage AK 99506– Elmendorf AFB Landholding Agency: Air Force 5000 Anchorage AK 99506–5000 Property Number: 189520024 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189010339 Property Number: 189440012 Reason: Extensive deterioration. Status: Unutilized Status: Unutilized Reason: Secured Area; Isolated area; Not Bldg. 2 Reason: Secured Area; Within airport runway accessible by road; Contamination. Lonely Dewline Site clear zone. Fairbanks Co: Fairbanks NS AK Bldg. 50 Gold Bay Air Force Station Bldg. 24–820 Landholding Agency: Air Force 21 CSG/DEER Elmendorf AFB Property Number: 189520025 Elmendorf AFB Co: Anchorage AK 99506– Anchorage AK 99506–5000 Status: Unutilized 5000 Landholding Agency: Air Force Reason: Extensive deterioration; Not Landholding Agency: Air Force Property Number: 189440013 accessible by road. Property Number: 189010433 Status: Unutilized Bldg. 12 Status: Unutilized Reason: Secured Area; Within airport runway Lonely Dewline Site Reason: Other; Isolated area; Not accessible clear zone. Fairbanks Co: Fairbanks NS AK by road Bldg. 21–878 Landholding Agency: Air Force Comment: Isolated and remote; Arctic Elmendorf AFB Property Number: 189520026 environment. Anchorage AK 99506–5000 Status: Unutilized Bldg. 1548, Galena Airport Landholding Agency: Air Force Reason: Extensive deterioration; Not Elmendorf AFB AK 99506–4420 Property Number: 189440014 accessible by road. Landholding Agency: Air Force Status: Unutilized Bldg. 1 Property Number: 189420001 Reason: Secured Area; Extensive Wainwright Dewline Site Status: Unutilized deterioration. Fairbanks Co: Fairbanks NS AK Reason: Floodway; Secured Area; Extensive Bldg. 10–480 Landholding Agency: Air Force deterioration. Elmendorf AFB Property Number: 189520027 Bldg. 1568, Galena Airport Anchorage AK 99506–5000 Status: Unutilized Elmendorf AFB AK 99506–4420 Landholding Agency: Air Force Reason: Extensive deterioration; Not Landholding Agency: Air Force Property Number: 189440015 accessible by road. Property Number: 189420002 Status: Unutilized Bldg. 2 Status: Unutilized Reason: Secured Area; Extensive Wainwright Dewline Site Reason: Floodway; Secured Area; Extensive deterioration. Fairbanks Co: Fairbanks NS AK deterioration. Bldg. 142 Landholding Agency: Air Force Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43599

Property Number: 189520028 Reason: Secured Area; Extensive Elmendorf Air Force Base Status: Unutilized deterioration. Anchorage AK 99506–3240 Reason: Extensive deterioration; Not Bldg. 4100 Landholding Agency: Air Force accessible by road. Cape Romanzof Long Range Radar Site Property Number: 189530018 Bldg. 3 Elmendorf AFB AK 99506–4420 Status: Unutilized Wainwright Dewline Site Landholding Agency: Air Force Reason: Within airport runway clear zone; Fairbanks Co: Fairbanks NS AK Property Number: 189530009 Secured Area; Extensive deterioration. Landholding Agency: Air Force Status: Unutilized Bldg. 21–870 Property Number: 189520029 Reason: Secured Area; Extensive Elmendorf Air Force Base Status: Unutilized deterioration. Anchorage AK 99506–3240 Reason: Extensive deterioration; Not Bldg. 200 Landholding Agency: Air Force accessible by road. Cape Newenham Long Range Radar Site Property Number: 189530019 Bldg. 3024 Elmendorf AFB AK 99506–4420 Status: Unutilized Tatalina Long Range Radar Site Landholding Agency: Air Force Reason: Secured Area. Elmendorf AFB AK 99506–4420 Property Number: 189530010 Bldg. 22–010 Landholding Agency: Air Force Status: Unutilized Elmendorf Air Force Base Property Number: 189530001 Reason: Secured Area; Extensive Anchorage AK 99506–3240 Status: Unutilized deterioration. Landholding Agency: Air Force Reason: Secured Area; Extensive Bldg. 2166 Property Number: 189530020 deterioration. Cape Newenham Long Range Radar Site Status: Unutilized Bldg. 3045 Elmendorf AFB AK 99506–4420 Reason: Within 2000 ft. of flammable or Tatalina Long Range Radar Site Landholding Agency: Air Force explosive material; Secured Area; Elmendorf AFB AK 99506–4420 Property Number: 189530011 Extensive deterioration. Landholding Agency: Air Force Status: Unutilized Bldg. 24–811 Property Number: 189530002 Reason: Extensive deterioration. Elmendorf Air Force Base Status: Unutilized Bldg. 5500 Anchorage AK 99506–3240 Reason: Secured Area; Extensive Cape Newenham Long Range Radar Site Landholding Agency: Air Force deterioration. Elmendorf AFB AK 99506–4420 Property Number: 189530021 Bldg. 18 Landholding Agency: Air Force Status: Unutilized Lonely Dewline Site Property Number: 189530012 Reason: Within airport runway clear zone; Elmendorf AFB AK 99506–4420 Status: Unutilized Secured Area; Extensive deterioration. Landholding Agency: Air Force Reason: Secured Area; Extensive Bldg. 31–342 Property Number: 189530003 deterioration. Elmendorf Air Force Base Status: Unutilized Bldg. 8 Anchorage AK 99506–3240 Reason: Secured Area; Extensive Barter Island Landholding Agency: Air Force deterioration. Elmendorf AFB AK 99506–4420 Property Number: 189530022 Bldg. 23 Landholding Agency: Air Force Status: Unutilized Lonely Dewline Site Property Number: 189530013 Reason: Secured Area; Extensive Elmendorf AFB AK 99506–4420 Status: Unutilized deterioration. Landholding Agency: Air Force Reason: Secured Area; Extensive Bldg. 32–126 Property Number: 189530004 deterioration. Elmendorf Air Force Base Status: Unutilized Bldg. 75 Anchorage AK 99506–3240 Reason: Secured Area; Extensive Barter Island Landholding Agency: Air Force deterioration. Elmendorf AFB AK 99506–4420 Property Number: 189530023 Bldg. 1015 Landholding Agency: Air Force Status: Unutilized Kotzebue Long Range Radar Site Property Number: 189530014 Reason: Within airport runway clear zone; Elmendorf AFB AK 99506–4420 Status: Unutilized Secured Area; Extensive deterioration. Landholding Agency: Air Force Reason: Secured Area; Extensive Bldg. 32–129 Property Number: 189530005 deterioration. Elmendorf Air Force Base Status: Unutilized Bldg. 86 Anchorage AK 99506–3240 Reason: Secured Area; Extensive Barter Island Landholding Agency: Air Force deterioration. Elmendorf AFB AK 99506–4420 Property Number: 189530024 Bldg. 1 Landholding Agency: Air Force Status: Unutilized Flaxman Island DEW Site Property Number: 189530015 Reason: Within airport runway clear zone; Elmendorf AFB AK 99506–4420 Status: Unutilized Secured Area; Extensive deterioration. Landholding Agency: Air Force Reason: Secured Area; Extensive Bldg. 42–350 Property Number: 189530006 deterioration. Elmendorf Air Force Base Status: Unutilized Bldg. 3060 Anchorage AK 99506–3240 Reason: Secured Area; Extensive Barter Island Landholding Agency: Air Force deterioration. Elmendorf AFB AK 99506–4420 Property Number: 189530025 Bldg. 2 Landholding Agency: Air Force Status: Unutilized Flaxman Island DEW Site Property Number: 189530016 Reason: Within airport runway clear zone; Elmendorf AFB AK 99506–4420 Status: Unutilized Secured Area; Extensive deterioration. Landholding Agency: Air Force Reason: Secured Area; Extensive Bldg. 44–775 Property Number: 189530007 deterioration. Elmendorf Air Force Base Status: Unutilized Bldg. 11–330 Anchorage AK 99506–3240 Reason: Secured Area; Extensive Elmendorf Air Force Base Landholding Agency: Air Force deterioration. Anchorage AK 99506–3240 Property Number: 189530026 Bldg. 3 Landholding Agency: Air Force Status: Unutilized Flaxman Island DEW Site Property Number: 189530017 Reason: Within airport runway clear zone; Elmendorf AFB AK 99506–4420 Status: Unutilized Secured Area; Extensive deterioration. Landholding Agency: Air Force Reason: Within airport runway clear zone; Bldg. 73–402 Property Number: 189530008 Secured Area; Extensive deterioration. Elmendorf Air Force Base Status: Unutilized Bldg. 11–490 Anchorage AK 99506–3240 43600 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Landholding Agency: Air Force USCG Support Center Cannery Wharf Property Number: 189530027 Kodiak Co: Kodiak Island AK 99619–5000 Petersburg AK 99833– Status: Unutilized Landholding Agency: DOT Landholding Agency: DOT Reason: Within airport runway clear zone; Property Number: 879210133 Property Number: 879330002 Secured Area. Status: Excess Status: Unutilized Bldg. 73–403 Reason: Secured Area; Within airport runway Reason: Extensive deterioration. clear zone; Within 2000 ft. of flammable or Elmendorf Air Force Base Arizona Anchorage AK 99506–3240 explosive material. Landholding Agency: Air Force Bldg. R1, Holiday Beach Facility 90002 Property Number: 189530028 U.S. Coast Guard Support Center Holbrook Radar Site Status: Unutilized Kodiak Co: Kodiak Island AK 99619–5014 Holbrook Co: Navajo AZ 86025– Reason: Within airport runway clear zone; Landholding Agency: DOT Landholding Agency: Air Force Secured Area; Extensive deterioration. Property Number: 879310014 Property Number: 189340049 Status: Unutilized Bldg. 21–737 Status: Unutilized Reason: Within airport runway clear zone. Elmendorf Air Force Base Reason: Secured Area. Anchorage AK 99506–5000 Bldg. S–3 California Landholding Agency: Air Force U.S. Coast Guard Support Center Bldg. 4052 Property Number: 189540001 Kodiak Co: Kodiak Island AK 99619–5014 March AFB Status: Unutilized Landholding Agency: DOT Ice House in West March Reason: Secured Area; Extensive Property Number: 879310015 Riverside Co: Riverside CA 92518– deterioration. Status: Unutilized Landholding Agency: Air Force Bldg. 23–990 Reason: Secured Area. Property Number: 189010082 Elmendorf AFB Bldg. S–16 Status: Unutilized Anchorage AK 99506–3240 U.S. Coast Guard Support Center Reason: Within airport runway clear zone. Landholding Agency: Air Force Kodiak Co: Kodiak Island AK 99619–5014 Bldg. 1182 60 ABG/DE Property Number: 189630034 Landholding Agency: DOT Travis Air Force Base Status: Unutilized Property Number: 879310016 Perimeter Road Reason: Within airport runway clear zone; Status: Unutilized Travis AFB Co: Solano CA 94535–5496 Floodway; Secured Area; Extensive Reason: Secured Area. Landholding Agency: Air Force deterioration. Bldg. 82 Property Number: 189010188 Bldg. 28 U.S. Coast Guard Support Center Status: Unutilized USCG Support Center Kodiak Co: Kodiak Island AK 99619–5014 Reason: Within airport runway clear zone; Kodiak Co: Kodiak Island AK 99619–5000 Landholding Agency: DOT Secured Area. Landholding Agency: DOT Property Number: 879310017 Bldg. 152 60 ABG/DE Property Number: 879210126 Status: Unutilized Travis Air Force Base Status: Excess Reason: Secured Area. Broadway Street Reason: Within airport runway clear zone; Bldg. 86 Travis AFB Co: Solano CA 94535–5496 Secured Area. U.S. Coast Guard Support Center Landholding Agency: Air Force Bldg. 24 Kodiak Co: Kodiak Island AK 99619–5014 Property Number: 189010190 USCG Support Center Landholding Agency: DOT Status: Unutilized Kodiak Co: Kodiak Island AK 99619–5000 Property Number: 879310018 Reason: Within 2000 ft. of flammable or Landholding Agency: DOT Status: Unutilized explosive material; Secured Area. Property Number: 879210127 Reason: Secured Area. Bldg. 159 60 ABG/DE Status: Excess Bldg. 98 Travis Air Force Base Reason: Within airport runway clear zone; U.S. Coast Guard Support Center Broadway Street Secured Area; Within 2000 ft. of flammable Kodiak Co: Kodiak Island AK 99619–5014 Travis AFB Co: Solano CA 94535–5496 or explosive material. Landholding Agency: DOT Landholding Agency: Air Force Bldg. 19 Property Number: 879310019 Property Number: 189010191 USCG Support Center Status: Unutilized Status: Unutilized Kodiak Co: Kodiak Island AK 99619–5000 Reason: Secured Area. Reason: Within 2000 ft. of flammable or Landholding Agency: DOT Bldg. 524A explosive material; Secured Area. Property Number: 879210128 U.S. Coast Guard Support Center Bldg. 384 60 ABG/DE Status: Excess Kodiak Co: Kodiak Island AK 99619–5014 Travis Air Force Base Reason: Within airport runway clear zone; Landholding Agency: DOT Hospital Drive Secured Area; Other Property Number: 879310020 Travis AFB Co: Solano CA 94535–5496 Comment: Extensive deterioration. Status: Unutilized Landholding Agency: Air Force Bldg. 94 Reason: Within airport runway clear zone; Property Number: 189010192 USCG Support Center Secured Area. Status: Unutilized Kodiak Co: Kodiak Island AK 99619–5000 Bldg. 624 Reason: Within 2000 ft. of flammable or Landholding Agency: DOT U.S. Coast Guard Support Center explosive material; Secured Area. Property Number: 879210129 Kodiak Co: Kodiak Island AK 99619–5014 Bldg. 707 63 ABG/DE Status: Excess Landholding Agency: DOT Norton Air Force Base Reason: Secured Area; Other Property Number: 879310021 Norton Co: San Bernadino CA 92409–5045 Comment: Extensive deterioration. Status: Unutilized Landholding Agency: Air Force Bldg. 18 Reason: Within airport runway clear zone; Property Number: 189010193 USCG Support Center Secured Area. Status: Excess Kodiak Co: Kodiak Island AK 99619–5000 Housing Ketchikan (Naushon UPH Reason: Within 2000 ft. of flammable or Landholding Agency: DOT 3615 Baranof Avenue explosive material; Secured Area. Property Number: 879210132 Ketchikan Co: Ketchikan AK 99801– Bldg. 575 63 ABG/DE Status: Excess Landholding Agency: DOT Norton Air Force Base Reason: Secured Area; Within airport runway Property Number: 879320005 Norton Co: San Bernadino CA 92409–5045 clear zone Status: Unutilized Landholding Agency: Air Force GSA Number: U–ALAS–655A. Reason: Extensive deterioration. Property Number: 189010195 Bldg. A512 Old Petersburg Moorings Status: Excess Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43601

Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Vandenberg Co: Santa Barbara CA 93437– explosive material. Property Number: 189010548 Landholding Agency: Air Force Bldg. 502 63 ABG/DE Status: Unutilized Property Number: 189310016 Norton Air Force Base Reason: Secured Area. Status: Unutilized Lorton Co: San Bernadino CA 92409–5045 Bldg. 204 Reason: Secured Area. Landholding Agency: Air Force Vandenberg Air Force Base Bldg. 5431, Vandenberg AFB Property Number: 189010196 Point Arguello Vandenberg Co: Santa Barbara CA 93437– Status: Excess Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or 93437– Property Number: 189310017 explosive material; Secured Area. Location: Highway 1, Highway 246, Coast Status: Unutilized Bldg. 23 63 ABG/DE Road, Pt Sal Road, Miguelito Cyn. Reason: Secured Area. Norton Air Force Base Landholding Agency: Air Force Bldg. 6407, Vandenberg AFB Norton Co: San Bernadino CA 92409–5045 Property Number: 189010549 Vandenberg Co: Santa Barbara CA 93437– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189010197 Reason: Secured Area. Property Number: 189310024 Status: Excess Bldg. 1823 Status: Unutilized Reason: Within 2000 ft. of flammable or Vandenberg Air Force Base Reason: Secured Area. explosive material; Secured Area. Vandenberg AFB Co: Santa Barbara CA Bldg. 6425, Vandenberg AFB Bldg. 100 93437– Vandenberg Co: Santa Barbara CA 93437– Point Arena Air Force Station Location: Hwy 1, Hwy 246, Coast Road, Pt Landholding Agency: Air Force (See County) Co: Mendocino CA 95468–5000 Sal Rd., Miguelito CYN Property Number: 189310027 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189010233 Property Number: 189130360 Reason: Secured Area. Status: Unutilized Status: Excess Bldg. 6444, Vandenberg AFB Reason: Secured Area. Reason: Secured Area; Within 2000 ft. of Vandenberg Co: Santa Barbara CA 93437– Bldg. 101 flammable or explosive material. Landholding Agency: Air Force Point Arena Air Force Station Bldg. 10312 Property Number: 189310028 (See County) Co: Mendocino CA 95468–5000 Vandenberg Air Force Base Status: Unutilized Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Property Number: 189010234 93437– Bldg. 7304, Vandenberg AFB Status: Underutilized Landholding Agency: Air Force Reason: Secured Area. Vandenberg Co: Santa Barbara CA 93437– Property Number: 189210026 Landholding Agency: Air Force Bldg. 116 Status: Unutilized Property Number: 189310030 Point Arena Air Force Station Reason: Secured Area. Status: Unutilized (See County) Co: Mendocino CA 95468–5000 Bldg. 10503 Reason: Secured Area. Landholding Agency: Air Force Vandenberg Air Force Base Property Number: 189010235 Bldg. 13010, Vandenberg AFB Vandenberg AFB Co: Santa Barbara CA Vandenberg Co: Santa Barbara CA 93437– Status: Unutilized 93437– Reason: Secured Area. Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189310036 Bldg. 202 Property Number: 189210028 Status: Unutilized Point Arena Air Force Station Status: Unutilized Reason: Secured Area. (See County) Co: Mendocino CA 95468–5000 Reason: Secured Area. Landholding Agency: Air Force Bldg. 8215 Bldg. 16104, Vandenberg AFB Vandenberg Air Force Base Property Number: 189010236 Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Vandenberg AFB Co: Santa Barbara CA 93437– Reason: Secured Area. 93437– Location: Hwy 1, Hwy 246; Coast Rd., Pt Sal Landholding Agency: Air Force Bldg. 201 Rd.; Miguelito Cyn Property Number: 189330016 Vandenberg Air Force Base Landholding Agency: Air Force Status: Unutilized Point Arguello Property Number: 189230020 Reason: Secured Area. Vandenberg AFB Co: Santa Barbara CA Status: Underutilized Bldg. 8220 93437– Reason: Secured Area. Location: Highway 1, Highway 246, Coast Vandenberg Air Force Base Bldg. 13028 Road, Pt Sal Road, Miguelito Cyn. Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base Landholding Agency: Air Force 93437– Property Number: 189010546 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 189330019 Reason: Secured Area. Location: Hwy 1, Hwy 246; Coast Rd., Pt Sal Status: Unutilized Road; Miguelito CYN Reason: Secured Area. Bldg. 202 Landholding Agency: Air Force Bldg. 9001 Vandenberg Air Force Base Property Number: 189240050 Vandenberg Air Force Base Point Arguello Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. 93437– 93437– Location: Highway 1, Highway 246, Coast Bldg. 5427, Vandenberg AFB Landholding Agency: Air Force Road, Pt Sal Road, Miguelito Cyn. Vandenberg Co: Santa Barbara CA 93437– Property Number: 189330028 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189010547 Property Number: 189310014 Reason: Extensive deterioration; Secured Status: Unutilized Status: Unutilized Area. Reason: Secured Area. Reason: Secured Area. Bldg. 13025 Bldg. 203 Bldg. 5428, Vandenberg AFB Vandenberg Air Force Base Vandenberg Air Force Base Vandenberg Co: Santa Barbara CA 93437– Vandenberg AFB Co: Santa Barbara CA Point Arguello Landholding Agency: Air Force 93437– Vandenberg AFB Co: Santa Barbara CA Property Number: 189310015 Landholding Agency: Air Force 93437– Status: Unutilized Property Number: 189330032 Location: Highway 1, Highway 246, Coast Reason: Secured Area. Status: Unutilized Road, Pt Sal Road, Miguelito Cyn. Bldg. 5430, Vandenberg AFB Reason: Secured Area. 43602 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Bldg. 1988 Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA 93437– Vandenberg AFB Co: Santa Barbara CA 93437– Landholding Agency: Air Force 93437– Landholding Agency: Air Force Property Number: 189440007 Landholding Agency: Air Force Property Number: 189340021 Status: Unutilized Property Number: 189340003 Status: Unutilized Reason: Secured Area. Status: Unutilized Reason: Secured Area. Bldg. 460 Reason: Other; Secured Area. Bldg. 7306 Vandenberg Air Force Base Comment: Electrical Power Generator Bldg. Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Bldg. 1324 Vandenberg AFB Co: Santa Barbara CA 93437– Vandenberg Air Force Base 93437– Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Property Number: 189510019 93437– Property Number: 189340022 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area; Extensive Property Number: 189340006 Reason: Secured Area. deterioration. Status: Unutilized Bldg. 11190 Bldg. 6348 Reason: Secured Area. Vandenberg Air Force Base Vandenberg Air Force Base Bldg. 1341 Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base 93437– 93437– Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Landholding Agency: Air Force 93437– Property Number: 189340025 Property Number: 189510020 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189340007 Reason: Secured Area. Reason: Secured Area. Status: Unutilized Bldg. 16164 Bldg. 908 Reason: Secured Area. Vandenberg Air Force Base Vandenberg Air Force Base Bldg. 1955 Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base 93437– 93437– Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Landholding Agency: Air Force 93437– Property Number: 189340028 Property Number: 189520018 Landholding Agency: Air Force Status: Unutilized Status: Excess Property Number: 189340008 Reason: Secured Area. Reason: Other Status: Unutilized Bldg. 6521 Comment: Detached Latrine. Reason: Secured Area. Vandenberg Air Force Base Bldg. 13002 Bldg. 5007 Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base Vandenberg Air Force Base 93437– Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force 93437– 93437– Property Number: 189410004 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189520021 Property Number: 189340009 Reason: Secured Area. Status: Excess Status: Unutilized Bldg. 501 Reason: Secured Area; Extensive Reason: Secured Area. Vandenberg Air Force Base deterioration. Bldg. 6008 Vandenberg AFB Co: Santa Barbara CA Bldg. 13004 Vandenberg Air Force Base 93437– Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA 93437– Property Number: 189420008 93437– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189340014 Reason: Secured Area; Extensive Property Number: 189520022 Status: Unutilized deterioration. Status: Excess Reason: Secured Area. Bldg. 1203 Reason: Secured Area; Extensive Bldg. 6418 Vandenberg Air Force Base deterioration. Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Bldg. 422 Vandenberg AFB Co: Santa Barbara CA 93437– Vandenberg Air Force Base 93437– Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Property Number: 189440001 93437– Property Number: 189340015 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189530029 Reason: Secured Area. Bldg. 11183 Status: Unutilized Bldg. 6442 Vandenberg Air Force Base Reason: Secured Area; Extensive Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA deterioration. Vandenberg AFB Co: Santa Barbara CA 93437– Bldg. 431 93437– Landholding Agency: Air Force Vandenberg Air Force Base Landholding Agency: Air Force Property Number: 189440005 Vandenberg AFB Co: Santa Barbara CA Property Number: 189340019 Status: Unutilized 93437– Status: Unutilized Reason: Secured Area. Landholding Agency: Air Force Reason: Secured Area. Bldg. 11219 Property Number: 189530030 Bldg. 6443 Vandenberg Air Force Base Status: Unutilized Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area; Extensive Vandenberg AFB Co: Santa Barbara CA 93437– deterioration. 93437– Landholding Agency: Air Force Bldg. 470 Landholding Agency: Air Force Property Number: 189440006 Vandenberg Air Force Base Property Number: 189340020 Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Reason: Secured Area. 93437– Reason: Secured Area. Bldg. 11238 Landholding Agency: Air Force Bldg. 7301 Vandenberg Air Force Base Property Number: 189530031 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43603

Status: Unutilized Bldg. 10717 Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area; Extensive Vandenberg Air Force Base 93437– deterioration. Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Bldg. 480 93437– Property Number: 189620032 Vandenberg Air Force Base Landholding Agency: Air Force Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Property Number: 189530041 Reason: Secured Area; Extensive 93437– Status: Unutilized deterioration. Landholding Agency: Air Force Reason: Secured Area; Extensive Bldg. 16197 Property Number: 189530032 deterioration. Vandenberg AFB Status: Unutilized Bldg. 10722 Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area; Extensive Vandenberg Air Force Base 93437– deterioration. Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Bldg. 508 93437– Property Number: 189620033 Vandenberg Air Force Base Landholding Agency: Air Force Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Property Number: 189530043 Reason: Extensive deterioration. 93437– Status: Unutilized Bldg. 457 Landholding Agency: Air Force Reason: Secured Area; Extensive Vandenberg AFB Property Number: 189530033 deterioration. Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Bldg. 13213 93437– Reason: Secured Area; Extensive Vandenberg Air Force Base Landholding Agency: Air Force deterioration. Vandenberg AFB Co: Santa Barbara CA Property Number: 189630038 Bldg. 951 93437– Status: Unutilized Vandenberg Air Force Base Landholding Agency: Air Force Reason: Secured Area; Extensive Vandenberg AFB Co: Santa Barbara CA Property Number: 189530044 deterioration. 93437– Status: Unutilized Bldg. 611 Landholding Agency: Air Force Reason: Secured Area; Extensive Vandenberg AFB Property Number: 189530034 deterioration. Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Bldg. 13215 93437– Reason: Secured Area; Extensive Vandenberg Air Force Base Landholding Agency: Air Force deterioration. Vandenberg AFB Co: Santa Barbara CA Property Number: 189630039 Bldg. 6011 93437– Status: Unutilized Vandenberg Air Force Base Landholding Agency: Air Force Reason: Secured Area; Extensive Vandenberg AFB Co: Santa Barbara CA Property Number: 189530045 deterioration. 93437– Status: Unutilized Landholding Agency: Air Force Bldg. 815 Reason: Secured Area; Extensive Vandenberg AFB Property Number: 189530035 deterioration. Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area; Extensive Bldg. 893 93437– deterioration. Vandenberg AFB Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Property Number: 189630040 Bldg. 6520 93437– Status: Unutilized Vandenberg Air Force Base Landholding Agency: Air Force Reason: Secured Area; Extensive Vandenberg AFB Co: Santa Barbara CA Property Number: 189620028 deterioration. 93437– Status: Unutilized Bldg. 1850 Landholding Agency: Air Force Reason: Secured Area; Extensive Property Number: 189530036 Vandenberg AFB deterioration. Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area; Extensive Bldg. 3193 93437– deterioration. Vandenberg AFB Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Property Number: 189630041 Bldg. 6606 93437– Status: Unutilized Vandenberg Air Force Base Landholding Agency: Air Force Reason: Secured Area; Extensive Vandenberg AFB Co: Santa Barbara CA Property Number: 189620029 deterioration. 93437– Status: Unutilized Landholding Agency: Air Force Bldg. 1853 Reason: Secured Area; Extensive Property Number: 189530037 Vandenberg AFB Status: Unutilized deterioration. Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area; Extensive Bldg. 9350 93437– deterioration. Vandenberg AFB Landholding Agency: Air Force Bldg. 7200 Vandenberg AFB Co: Santa Barbara CA Property Number: 189630042 Vandenberg Air Force Base 93437– Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Reason: Secured Area; Extensive 93437– Property Number: 189620030 deterioration. Landholding Agency: Air Force Status: Unutilized Bldg. 1856 Property Number: 189530038 Reason: Secured Area; Extensive Vandenberg AFB Status: Unutilized deterioration. Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area; Extensive Bldg. 13003 93437– deterioration. Vandenberg AFB Landholding Agency: Air Force Bldg. 7307 Vandenberg AFB Co: Santa Barbara CA Property Number: 189630043 Vandenberg Air Force Base 93437– Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Reason: Secured Area; Extensive 93437– Property Number: 189620031 deterioration. Landholding Agency: Air Force Status: Unutilized Bldg. 1865 Property Number: 189530039 Reason: Secured Area; Extensive Vandenberg AFB Status: Unutilized deterioration. Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area; Extensive Bldg. 13222 93437– deterioration. Vandenberg AFB Landholding Agency: Air Force 43604 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Property Number: 189630044 Reason: Secured Area; Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 189330006 Reason: Secured Area; Extensive Bldg. 06830 Status: Unutilized deterioration. Vandenberg AFB Reason: Extensive deterioration; Secured Bldg. 1874 Vandenberg AFB Co: Santa Barbara CA Area. Vandenberg AFB 93437– Bldg. 502 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Buckley Air National Guard Base 93437– Property Number: 189630053 Aurora Co: Arapahoe CO 80011–9599 Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189630045 Reason: Secured Area; Extensive Property Number: 189330007 Status: Unutilized deterioration. Status: Unutilized Reason: Secured Area; Extensive Bldg. 13016 Reason: Extensive deterioration; Secured deterioration. Vandenberg AFB Area. Bldg. 1875 Vandenberg AFB Co: Santa Barbara CA Bldg. 32 Vandenberg AFB 93437– Buckley Air National Guard Base Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Aurora Co: Arapahoe CO 80011–9599 93437– Property Number: 189630054 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 189330008 Property Number: 189630046 Reason: Secured Area; Extensive Status: Unutilized Status: Unutilized deterioration. Reason: Extensive deterioration; Secured Reason: Secured Area; Extensive Bldg. 21160 Area. deterioration. Vandenberg AFB Bldg. 27 Bldg. 1877 Vandenberg AFB Co: Santa Barbara CA Buckley Air National Guard Base Vandenberg AFB 93437– Aurora Co: Arapahoe CO 80011–9599 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Landholding Agency: Air Force 93437– Property Number: 189630055 Property Number: 189330009 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189630047 Reason: Secured Area; Extensive Reason: Extensive deterioration; Secured Status: Unutilized deterioration. Area. Reason: Secured Area; Extensive 10 Bldg. Bldg. 23 deterioration. USCG Station Humboldt Bay Buckley Air National Guard Base Bldg. 1879 Samoa Co: Humboldt CA 95564–9999 Aurora Co: Arapahoe CO 80011–9599 Vandenberg AFB Landholding Agency: DOT Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Property Number: 879440027 Property Number: 189330010 93437– Status: Excess Status: Unutilized Landholding Agency: Air Force Reason: Extensive deterioration Reason: Extensive deterioration; Secured Property Number: 189630048 Comment: Land to be relinquished to BLM Area. Status: Unutilized (Public Domain Land). Bldg. 00910 Reason: Secured Area; Extensive Colorado ‘‘Blue Barn’’—Falcon Air Force Base deterioration. Bldg. 712 Falcon Co: El Paso CO 80912– Bldg. 1885 Buckley Air National Guard Base Landholding Agency: Air Force Property Number: 189530046 Vandenberg AFB Aurora Co: Arapahoe CO 80011–9599 Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Reason: Secured Area. 93437– Property Number: 189330002 Landholding Agency: Air Force Status: Unutilized Alemeda Facility Property Number: 189630049 Reason: Extensive deterioration; Secured 350 S. Santa Fe Drive Status: Unutilized Area. Denver Co: Denver CO 80223– Reason: Secured Area; Extensive Bldg. 518 Landholding Agency: DOT deterioration. Buckley Air National Guard Base Property Number: 879010014 Status: Unutilized Bldg. 1898 Aurora Co: Arapahoe CO 80011–9599 Reason: Other environmental Vandenberg AFB Landholding Agency: Air Force Comment: Contamination. Vandenberg AFB Co: Santa Barbara CA Property Number: 189330003 93437– Status: Unutilized Connecticut Landholding Agency: Air Force Reason: Extensive deterioration; Secured Falkner Island Light Property Number: 189630050 Area. U.S. Coast Guard Status: Unutilized Bldg. 505 Guilford Co: New Haven CT 06512– Reason: Secured Area; Extensive Buckley Air National Guard Base Landholding Agency: DOT deterioration. Aurora Co: Arapahoe CO 80011–9599 Property Number: 879240031 Bldg. 06440 Landholding Agency: Air Force Status: Unutilized Vandenberg AFB Property Number: 189330004 Reason: Floodway. Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Delaware 93437– Reason: Extensive deterioration; Secured Landholding Agency: Air Force Area. Bldg. 1304 (436 CSG) Property Number: 189630051 Bldg. 504 Dover Air Force Base Status: Unutilized Buckley Air National Guard Base Dover Co: Kent DE 19902–5065 Reason: Secured Area; Extensive Aurora Co: Arapahoe CO 80011–9599 Landholding Agency: Air Force deterioration. Landholding Agency: Air Force Property Number: 189140018 Status: Unutilized Bldg. 06445 Property Number: 189330005 Status: Unutilized Reason: Secured Area; Within airport runway Vandenberg AFB clear zone. Vandenberg AFB Co: Santa Barbara CA Reason: Extensive deterioration; Secured 93437– Areas. Florida Landholding Agency: Air Force Bldg. 503 Bldg. 1179 Property Number: 189630052 Buckley Air National Guard Base Patrick Air Force Base Status: Unutilized Aurora Co: Arapahoe CO 80011–9599 1179 School Avenue Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43605

Co: Brevard FL 32935– Reason: Secured Area; Extensive Key West Co: Monroe FL 33040– Landholding Agency: Air Force deterioration. Landholding Agency: DOT Property Number: 189240030 23 Family Housing Property Number: 879230001 Status: Unutilized MacDill Auxiliary Airfield No. 1 Status: Unutilized Reason: Secured Area; Other Avon Park Co: Polk FL 33825– Reason: Floodway; Secured Area. Comment: Extensive Deterioration. Location: Include Bldgs: 448, 451 thru 470, Exchange Building Bldg. 575 472 and 474 St. Petersburg Co: Pinellas FL 33701– Patrick Air Force Base Landholding Agency: Air Force Landholding Agency: DOT Co: Brevard FL 32925– Property Number: 189520006 Property Number: 879410004 Landholding Agency: Air Force Status: Excess Status: Unutilized Property Number: 189320004 Reason: Within airport runway clear zone. Reason: Floodway. Status: Unutilized Bldg. 240 9988 Keepers Quarters A Reason: Secured Area; Within 2000 ft. of MacDill Auxiliary Airfield No. 1 Cape San Blas flammable or explosive material; Within Avon Park Co: Polk FL 33825– Port St. Joe Co: Gulf FL airport runway clear zone; Other Landholding Agency: Air Force Landholding Agency: DOT Comment: Extensive Deterioration. Property Number: 189520007 Property Number: 879440009 Bldg. 184, MacDill AFB Status: Excess Status: Underutilized MacDill AFB Co: Hillsbourgh FL 33608– Reason: Extensive deterioration. Reason: Secured Area; Floodway. Landholding Agency: Air Force Bldg. 243 9989 Keepers Quarters B Property Number: 189320100 Eglin Air Force Base Cape San Blas Status: Unutilized Eglin AFB Co: Okaloosa FL 32542–5000 Port St. Joe Co: Gulf FL Reason: Extensive deterioration. Landholding Agency: Air Force Landholding Agency: DOT Facility 90523 Property Number: 189540002 Property Number: 879440010 Cape Canaveral AFS Status: Unutilized Status: Underutilized Cape Canaveral AFS Co: Brevard FL Reason: Secured Area; Extensive Reason: Secured Area; Floodway. Landholding Agency: Air Force deterioration. 9990 Bldg. Property Number: 189330001 Bldg. 510 Cape San Blas Status: Unutilized Eglin Air Force Base Port St. Joe Co: Gulf FL Reason: Secured Area. Eglin AFB Co: Okaloosa FL 32542–5000 Landholding Agency: DOT Bldg. 921 Landholding Agency: Air Force Property Number: 879440011 Patrick Air Force Base Property Number: 189540003 Status: Underutilized Co: Brevard FL 32925– Status: Unutilized Reason: Secured Area; Floodway. Landholding Agency: Air Force Reason: Secured Area; Extensive 9991 Plant Bldg. Property Number: 189430002 deterioration. Cape San Blas Status: Unutilized Bldg. 521 Port St. Joe Co: Gulf FL Reason: Within 2000 ft. of flammable or Eglin Air Force Base Landholding Agency: DOT explosive material; Secured Area. Eglin AFB Co: Okaloosa FL 32542–5000 Property Number: 879440012 Facility No. 01676V Landholding Agency: Air Force Status: Underutilized Cape Canaveral AFS Property Number: 189540004 Reason: Secured Area; Floodway. Co: Brevard FL 32925– Status: Unutilized 9992 Shop Bldg. Landholding Agency: Air Force Reason: Secured Area; Extensive Cape San Blas Property Number: 189430003 deterioration. Port St. Joe Co: Gulf FL Status: Unutilized Bldg. 872 Landholding Agency: DOT Reason: Secured Area. Eglin Air Force Base Property Number: 879440013 Bldg. 2613 Eglin AFB Co: Okaloosa FL 32542–5000 Status: Underutilized Tyndall Air Force Base Landholding Agency: Air Force Reason: Secured Area; Floodway. Panama City Co: Bay FL 32403– Property Number: 189540005 9993 Admin. Bldg. Landholding Agency: Air Force Status: Unutilized Cape San Blas Property Number: 189430004 Reason: Secured Area; Extensive Port St. Joe Co: Gulf FL Status: Unutilized deterioration. Landholding Agency: DOT Reason: Secured Area; Extensive Bldg. 30004 Property Number: 879440014 deterioration. Eglin Air Force Base Status: Underutilized Bldg. 2625 Eglin AFB Co: Okaloosa FL 32542–5000 Reason: Secured Area; Floodway. Tyndall Air Force Base Landholding Agency: Air Force 9994 Water Pump Bldg. Panama City Co: Bay FL 32403– Property Number: 189540006 Cape San Blas Landholding Agency: Air Force Status: Unutilized Port St. Joe Co: Gulf FL Property Number: 189430005 Reason: Secured Area; Extensive Landholding Agency: DOT Status: Unutilized deterioration. Property Number: 879440015 Reason: Extensive deterioration; Secured Bldg. 12513 Status: Underutilized Area. Eglin Air Force Base Reason: Secured Area; Floodway. Bldg. 2639 Eglin AFB Co: Okaloosa FL 32542–5000 Storage Bldg. Tyndall Air Force Base Landholding Agency: Air Force Cape San Blas Panama City Co: Bay FL 32403– Property Number: 189540007 Port St. Joe Co: Gulf FL Landholding Agency: Air Force Status: Unutilized Landholding Agency: DOT Property Number: 189430006 Reason: Secured Area; Extensive Property Number: 879440016 Status: Unutilized deterioration. Status: Underutilized Reason: Extensive deterioration; Secured Bldg. #3, Recreation Cottage Reason: Secured Area; Floodway. Area. USCG Station 9999 Storage Bldg. Bldg. 2642 Marathon Co: Monroe FL 33050– Cape San Blas Tyndall Air Force Base Landholding Agency: DOT Port St. Joe Co: Gulf FL Panama City Co: Bay FL 32403– Property Number: 879210008 Landholding Agency: DOT Landholding Agency: Air Force Status: Unutilized Property Number: 879440017 Property Number: 189430007 Reason: Secured Area; Floodway. Status: Underutilized Status: Unutilized Bldg. 103, Trumbo Point Reason: Secured Area; Floodway. 43606 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

3 Bldgs. and Land East Drive 375 ABG/DE Reason: Extensive deterioration. Peanut Island Station Scott AFB Co: St. Clair IL 62225–5001 Play House, Tract 100 Riveria Beach Co: Palm Beach FL 33419– Landholding Agency: Air Force Camp Dodge 0909 Property Number: 189010248 Johnston Co: Polk IA 50131– Landholding Agency: DOT Status: Unutilized Landholding Agency: COE Property Number: 879510009 Reason: Secured Area. Property Number: 319530003 Status: Unutilized Bldg. 503 Status: Excess Reason: Secured Area; Floodway. Scott Air Force Base Reason: Extensive deterioration. Georgia Scott AFB Co: St. Clair IL 62225–5001 House, Tract 122 Coast Guard Station Landholding Agency: Air Force Camp Dodge St. Simons Island Property Number: 189010725 Johnston Co: Polk IA 50131– Co: Glynn GA 31522–0577 Status: Unutilized Landholding Agency: COE Landholding Agency: DOT Reason: Secured Area. Property Number: 319530004 Property Number: 879540002 Bldg. 869 Status: Excess Status: Unutilized Scott Air Force Base Reason: Extensive deterioration. Reason: Extensive deterioration. 375 CSG/DEER Shed, Tract 122 Scott AFB Co: St. Clair IL 62225–5045 Idaho Camp Dodge Landholding Agency: Air Force Johnston Co: Polk IA 50131– Bldg. 1012 Property Number: 189110087 Landholding Agency: COE Mountain Home Air Force Base Status: Unutilized Property Number: 319530005 7th Avenue Reason: Secured Area. Status: Excess (See County) Co: Elmore ID 83648– Bldg. 865 Reason: Extensive deterioration. Landholding Agency: Air Force Scott Air Force Base Garage, Tract 122 Property Number: 189030004 Belleville Co: St. Clair IL 62225– Status: Excess Camp Dodge Landholding Agency: Air Force Johnston Co: Polk IA 50131– Reason: Within 2000 ft. of flammable or Property Number: 189130347 explosive material. Landholding Agency: COE Status: Unutilized Property Number: 319530006 Bldg. 923 Reason: Secured Area. Status: Excess Mountain Home Air Force Base Calumet Harbor Station Reason: Extensive deterioration. 7th Avenue U.S. Coast Guard Machine Shed, Tract 122 (See County) Co: Elmore ID 83648– Chicago Co: Cook IL Landholding Agency: Air Force Camp Dodge Landholding Agency: DOT Johnston Co: Polk IA 50131– Property Number: 189030005 Property Number: 879310005 Landholding Agency: COE Status: Excess Status: Excess Property Number: 319530007 Reason: Within 2000 ft. of flammable or Reason: Secured Area. Status: Excess explosive material. Reason: Extensive deterioration. Bldg. 604 Indiana Barn, Tract 122 Mountain Home Air Force Base Brookville Lake—Bldg. Camp Dodge Pine Street Brownsville Rd. in Union Johnston Co: Polk IA 50131– (See County) Co: Elmore ID 83648– Liberty Co: Union IN 47353– Landholding Agency: COE Landholding Agency: Air Force Landholding Agency: COE Property Number: 319530008 Property Number: 189030006 Property Number: 319440004 Status: Excess Status: Excess Status: Excess Reason: Extensive deterioration. Reason: Within 2000 ft. of flammable or Reason: Extensive deterioration. explosive material. 2-Car Garage, Tract 122 Iowa Camp Dodge Bldg. 229 Bldg. 00273 Johnston Co: Polk IA 50131– Mt. Home Air Force Base Sioux Gateway Airport Landholding Agency: COE 1st Avenue and A Street Sioux Co: Woodbury IA 51110– Property Number: 319530009 Mt. Home AFB Co: Elmore ID 83648– Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 189310008 Reason: Extensive deterioration. Property Number: 189040857 Status: Unutilized Status: Unutilized Barn, Tract 128 Reason: Secured Area. Camp Dodge Reason: Within 2000 ft. of flammable or Johnston Co: Polk IA 50131– explosive material; Within airport runway Bldg. 00671 Landholding Agency: COE clear zone. Sioux Gateway Airport Sioux Co: Woodbury IA 51110– Property Number: 319530010 Bldg. 4403 Landholding Agency: Air Force Status: Excess Mountain Home Air Force Base Property Number: 189310009 Reason: Extensive deterioration. Mountain Home Co: Elmore ID 83647– Status: Unutilized Shed, Tract 128 Landholding Agency: Air Force Reason: Other Camp Dodge Property Number: 189520008 Comment: Fuel pump station. Johnston Co: Polk IA 50131– Status: Unutilized Landholding Agency: COE Reason: Extensive deterioration. Bldg. 00736 Sioux Gateway Airport Property Number: 319530011 Illinois Sioux Co: Woodbury IA 51110– Status: Excess Bldg. 3191 Landholding Agency: Air Force Reason: Extensive deterioration. Scott Air Force Base Property Number: 189310010 House, Tract 129 East Drive 375/ABG/DE Status: Unutilized Camp Dodge Scott AFB Co: St. Clair IL 62225–5001 Reason: Other Johnston Co: Polk IA 50131– Landholding Agency: Air Force Comment: Pump station. Landholding Agency: COE Property Number: 189010247 House, Tract 100 Property Number: 319530012 Status: Unutilized Camp Dodge Status: Excess Reason: Within airport runway clear zone; Johnston Co: Polk IA 50131– Reason: Extensive deterioration. Secured Area. Landholding Agency: COE Play House, Tract 129 Bldg. 3670 Property Number: 319530002 Camp Dodge Scott Air Force Base Status: Excess Johnston Co: Polk IA 50131– Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43607

Landholding Agency: COE Smokehouse, Tract 135 Benedictine Bottoms Mitigation Site Co: Property Number: 319530013 Camp Dodge Atchison KS Status: Excess Johnston Co: Polk IA 50131– Landholding Agency: COE Reason: Extensive deterioration. Landholding Agency: COE Property Number: 319530030 Kennel, Tract 129 Property Number: 319530024 Status: Unutilized Camp Dodge Status: Excess Reason: Extensive deterioration. Johnston Co: Polk IA 50131– Reason: Extensive deterioration. Granaries, Tract 203 Landholding Agency: COE Shed, Tract 137 Benedictine Bottoms Mitigation Site Co: Property Number: 319530014 Camp Dodge Atchison KS Status: Excess Johnston Co: Polk IA 50131– Landholding Agency: COE Reason: Extensive deterioration. Landholding Agency: COE Property Number: 319530031 Corn Crib, Tract 129 Property Number: 319530025 Status: Unutilized Camp Dodge Status: Excess Reason: Extensive deterioration. Johnston Co: Polk IA 50131– Reason: Extensive deterioration. Kentucky Landholding Agency: COE Shed—White, Tract 137 Spring House Property Number: 319530015 Camp Dodge Kentucky River Lock and Dam No. 1 Status: Excess Johnston Co: Polk IA 50131– Highway 320 Reason: Extensive deterioration. Landholding Agency: COE Carrollton Co: Carroll KY 41008– Property Number: 319530026 Barn W, Tract 129 Landholding Agency: COE Status: Excess Camp Dodge Property Number: 219040416 Reason: Extensive deterioration. Johnston Co: Polk IA 50131– Status: Unutilized Landholding Agency: COE Leanto, Tract 137 Reason: Other Property Number: 319530016 Camp Dodge Comment: Spring House. Status: Excess Johnston Co: Polk IA 50131– Building Reason: Extensive deterioration. Landholding Agency: COE Kentucky River Lock and Dam No. 4 Property Number: 319530027 Barn E, Tract 129 1021 Kentucky Avenue Status: Excess Camp Dodge Frankfort Co: Franklin KY 40601–9999 Reason: Extensive deterioration. Johnston Co: Polk IA 50131– Landholding Agency: COE Landholding Agency: COE Grain Bins (8), Tract 138 Property Number: 219040417 Property Number: 319530017 Camp Dodge Status: Unutilized Status: Excess Johnston Co: Polk IA 50131– Reason: Other Reason: Extensive deterioration. Landholding Agency: COE Comment: Coal Storage. Property Number: 319530028 Shed, Tract 129 Building Status: Excess Camp Dodge Kentucky River Lock and Dam No. 4 Reason: Extensive deterioration. Johnston Co: Polk IA 50131– 1021 Kentucky Avenue Landholding Agency: COE Tract 116, Camp Dodge Frankfort Co: Franklin KY 40601–9999 Property Number: 319530018 Johnston Co. Polk IA 50131– Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 219040418 Reason: Extensive deterioration. Property Number: 319630006 Status: Unutilized House, Tract 130 Status: Unutilized Reason: Other Camp Dodge Reason: Extensive deterioration. Comment: Coal Storage. Johnston Co: Polk IA 50131– Kansas Barn Landholding Agency: COE Bldg. 1407 Kentucky River Lock and Dam No. 3 Property Number: 319530019 McConnell Air Force Base Highway 561 Status: Excess Wichita Co: Sedgwick KS 67221– Pleasureville Co: Henry KY 40057– Reason: Extensive deterioration. Landholding Agency: Air Force Landholding Agency: COE Out House, Tract 130 Property Number: 189340029 Property Number: 219040419 Camp Dodge Status: Unutilized Status: Underutilized Johnston Co: Polk IA 50131– Reason: Within airport runway clear zone; Reason: Other Landholding Agency: COE Secured Area. Comment: 110 year old barn with crumbled Property Number: 319530020 Bldg. 186 foundation. Status: Excess McConnell Air Force Base Latrine Reason: Extensive deterioration. Wichita Co: Sedgwick KS 67221– Kentucky River Lock and Dam Number 3 Chicken House, Tract 130 Landholding Agency: Air Force Highway 561 Camp Dodge Property Number: 189340030 Pleasureville Co: Henry KY 40057– Johnston Co: Polk IA 50131– Status: Unutilized Landholding Agency: COE Landholding Agency: COE Reason: Extensive deterioration; Secured Property Number: 319040009 Property Number: 319530021 Area. Status: Unutilized Status: Excess Bldg. 187 Reason: Other Reason: Extensive deterioration. McConnell Air Force Base Comment: Detached Latrine. Shed, Tract 130 Wichita Co: Sedgwick KS 67221– 6–Room Dwelling Camp Dodge Landholding Agency: Air Force Green River Lock and Dam No. 3 Johnston Co: Polk IA 50131– Property Number: 189340031 Rochester Co: Butler KY 42273– Landholding Agency: COE Status: Unutilized Location: Off State Hwy 369, which runs off Property Number: 319530022 Reason: Extensive deterioration; Secured of Western Ky. Parkway Status: Excess Area. Landholding Agency: COE Reason: Extensive deterioration. Pole Barn, Tract 200 Property Number: 319120010 Barn, Tract 135 Benedictine Bottoms Mitigation Site Co: Status: Unutilized Camp Dodge Atchison KS Reason: Floodway. Johnston Co: Polk IA 50131– Landholding Agency: COE 2–Car Garage Landholding Agency: COE Property Number: 319530029 Green River Lock and Dam No. 3 Property Number: 319530023 Status: Unutilized Rochester Co: Butler KY 42273– Status: Excess Reason: Extensive deterioration. Location: Off State Hwy 369, which runs off Reason: Extensive deterioration. 3 Metal Pole Barns, Tract 203 of Western Ky. Parkway 43608 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Landholding Agency: COE Property Number: 879240035 Status: Unutilized Property Number: 319120011 Status: Unutilized Reason: Secured Area. Status: Unutilized Reason: Extensive deterioration. Bldg. 1833 Reason: Floodway. Fort Popham Light Westover Air Force Base Office and Warehouse Phippsburg Co: Sagadahoc ME 04562– Chicopee Co: Hampden MA 01022–5000 Green River Lock and Dam No. 3 Landholding Agency: DOT Landholding Agency: Air Force Rochester Co: Butler KY 42273– Property Number: 879320024 Property Number: 189040002 Location: Off State Hwy 369, which runs off Status: Unutilized Status: Unutilized of Western Ky. Parkway Reason: Extensive deterioration. Reason: Secured Area. Landholding Agency: COE Nash Island Light Bldg. 4, USCG Support Center Property Number: 319120012 U.S. Coast Guard Commercial Street Status: Unutilized Addison Co: Washington ME 04606– Boston Co: Suffolk MA 02203– Reason: Floodway. Landholding Agency: DOT Landholding Agency: DOT 2 Pit Toilets Property Number: 879420005 Property Number: 879240001 Green River Lock and Dam No. 3 Status: Unutilized Status: Underutilized Rochester Co: Butler KY 42273– Reason: Other Reason: Secured Area. Landholding Agency: COE Comment: Inaccessible. Eastern Point Light Property Number: 319120013 Bldg.—South Portland Base U.S. Coast Guard Status: Unutilized U.S. Coast Guard Gloucester Co: Essex MA 01930– Reason: Floodway. S. Portland Co: Cumberland ME 04106– Landholding Agency: DOT Louisiana Landholding Agency: DOT Property Number: 879240029 Property Number: 879420006 Status: Unutilized Bldg. 3477 Status: Unutilized Reason: Floodway; Secured Area. Barksdale Air Force Base Reason: Secured Area. Storage Shed Davis Avenue Highland Light Barksdale AFB Co: Bossier LA 71110–5000 Garage—Boothbay Harbor Stat. N. Truro Co: Barnstable MA 02652– Landholding Agency: Air Force Boothbay Harbor Co: Lincoln ME 04538– DeSoto Johnson KS66018– Property Number: 189140015 Landholding Agency: DOT Landholding Agency: DOT Status: Unutilized Property Number: 87930001 Property Number: 879430004 Reason: Secured Area. Status: Unutilized Reason: Secured Area. Status: Unutilized Maine Reason: Extensive deterioration. Maryland Supply Bldg., Coast Guard Michigan Southwest Harbor Bldgs. 38–39, 41, 43–46, 56 U.S. Coast Guard Yard Bldg. 560 Southwest Harbor Co: Hancock ME 04679– Selfridge Air National Guard Base 5000 Baltimore MD 21226– Landholding Agency: DOT Selfridge Co: Macomb MI 48045– Landholding Agency: DOT Location: North end of airfield. Property Number: 879240005 Property Number: 879540005 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Property Number: 189010522 Reason: Floodway. Reason: Within 2000 ft. of flammable or explosive material; Secured Area; Status: Unutilized Base Exchange, Coast Guard Extensive deterioration. Reason: Secured Area. Southwest Harbor Bldg. 53 Bldg. 5658 Southwest Harbor Co: Hancock ME 04679– Selfridge Air National Guard Base 5000 U.S. Coast Guard Yard Baltimore MD 21226– Selfridge Co: Macomb MI 48045– Landholding Agency: DOT Location: Near South Perimeter Road, near Landholding Agency: DOT Property Number: 879240006 Building 590. Property Number: 879540006 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Floodway. Property Number: 189010523 Reason: Within 2000 ft. of flammable or Engineering Shop, Coast Guard Status: Unutilized explosive material; Secured Area; Southwest Harbor Reason: Secured Area. Extensive deterioration. Southwest Harbor Co: Hancock ME 04679– Bldg. 580 Bldg. 6 5000 Selfridge Air National Guard Base U.S. Coast Guard Yard, 2401 Hawkins Point Landholding Agency: DOT Selfridge Co: Macomb MI 48045– Rd. Property Number: 879240007 Location: South end of airfield. Status: Unutilized Baltimore MD 21226–1797 Landholding Agency: Air Force Reason: Floodway. Landholding Agency: DOT Property Number: 189010524 Property Number: 879620001 Storage Bldg., Coast Guard Status: Unutilized Status: Excess Southwest Harbor Reason: Secured Area. Reason: Within 2000 ft. of flammable or Southwest Harbor Co: Hancock ME 04679– explosive material; Secured Area. Bldg. 856 5000 Selfridge Air National Guard Base Landholding Agency: DOT Bldg. 59 Selfridge Co: Macomb MI 48045– Property Number: 879240008 U.S. Coast Guard Yard, 2401 Hawkins Point Landholding Agency: Air Force Status: Unutilized Rd. Property Number: 189010525 Reason: Floodway. Baltimore MD 21226–1797 Status: Unutilized Landholding Agency: DOT Squirrel Point Light Reason: Secured Area. Property Number: 879620002 U.S. Coast Guard Bldg. 1005 Status: Excess Phippsburg Co: Sayadahoc ME 04530– Selfridge Air National Guard Base Reason: Within 2000 ft. of flammable or Landholding Agency: DOT 1005 C. Street explosive material; Secured Area. Property Number: 879240032 Selfridge Co: Macomb MI 48045– Status: Unutilized Massachusetts Landholding Agency: Air Force Reason: Floodway. Bldg. 1900 Property Number: 189010526 Keepers Dwelling Westover Air Force Base Status: Unutilized Heron Neck Light, U.S. Coast Guard Chicopee Co: Hampden MA 01022– Reason: Secured Area. Vinalhaven Co: Knox ME 04841– Landholding Agency: Air Force Bldg. 1012 Landholding Agency: DOT Property Number: 189010438 Selfridge Air National Guard Base Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43609

1012 A. Street Landholding Agency: Air Force Status: Unutilized Selfridge Co: Macomb MI 48045– Property Number: 189010832 Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Status: Excess explosive material; Secured Area. Property Number: 189010527 Reason: Other Facility 163 Status: Unutilized Comment: Water well. Selfridge Air National Guard Base Reason: Secured Area. Bldg. 118 Mt. Clemens Co: Macomb MI 48045–5295 Bldg. 1041 Calumet Air Force Station Landholding Agency: Air Force Selfridge Air National Guard Base Calumet Co: Keweenaw MI 49913– Property Number: 189620004 Selfridge Co: Macomb MI 48045– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189010875 Reason: Within 2000 ft. of flammable or Property Number: 189010528 Status: Excess explosive material; Secured Area. Status: Unutilized Reason: Other Facility 169 Reason: Secured Area. Comment: Gasoline Station. Selfridge Air National Guard Base Bldg. 1412 Bldg. 120 Mt. Clemens Co: Macomb MI 48045–5295 Selfridge Air National Guard Base Calumet Air Force Station Landholding Agency: Air Force 1412 Castle Avenue Calumet Co: Keweenaw MI 49913– Property Number: 189620005 Selfridge Co: Macomb MI 48045– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189010876 Reason: Within 2000 ft. of flammable or Property Number: 189010529 Status: Excess explosive material; Secured Area. Status: Unutilized Reason: Other Facility 173 Reason: Secured Area. Comment: Gasoline Station. Selfridge Air National Guard Base Bldg. 1434 Bldg. 166 Mt. Clemens Co: Macomb MI 48045–5295 Selfridge Air National Guard Base Calumet Air Force Station Landholding Agency: Air Force 1434 Castle Avenue Calumet Co: Keweenaw MI 49913– Property Number: 189620006 Selfridge Co: Macomb MI 48045– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189010877 Reason: Within 2000 ft. of flammable or Property Number: 189010530 Status: Excess explosive material; Secured Area. Status: Unutilized Reason: Other Facility 318 Reason: Secured Area. Comment: Pump lift station. Selfridge Air National Guard Base Bldg. 1688 Bldg. 168 Mt. Clemens Co: Macomb MI 48045–5295 Selfridge Air National Guard Base Calumet Air Force Station Landholding Agency: Air Force Property Number: 189620007 Selfridge Co: Macomb MI 48045– Calumet Co: Keweenaw MI 49913– Status: Unutilized Location: Near South Perimeter Road, near Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or Building 1694. Property Number: 189010878 explosive material; Secured Area. Landholding Agency: Air Force Status: Excess Property Number: 189010531 Reason: Other Facility 502 Status: Unutilized Comment: Gasoline Station. Selfridge Air National Guard Base Reason: Secured Area. Mt. Clemens Co: Macomb MI 48045–5295 Bldg. 69 Landholding Agency: Air Force Bldg. 1689 Calumet Air Force Station Property Number: 189620008 Selfridge Air National Guard Base Calumet Co: Keweenaw MI 49913– Status: Unutilized Selfridge Co: Macomb MI 48045– Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or Location: Near South Perimeter Road, near Property Number: 189010889 explosive material; Secured Area. Building 1694. Status: Excess Landholding Agency: Air Force Reason: Other Facility 704 Property Number: 189010532 Comment: Sewer pump facility. Selfridge Air National Guard Base Mt. Clemens Co: Macomb MI 48045–5295 Status: Unutilized Bldg. 2 Landholding Agency: Air Force Reason: Secured Area. Calumet Air Force Station Property Number: 189620009 Bldg. 5670 Calumet Co: Keweenaw MI 49913– Status: Unutilized Selfridge Air National Guard Base Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or Selfridge Co: Macomb MI 48045– Property Number: 189010890 explosive material; Secured Area. Landholding Agency: Air Force Status: Excess Facility 706 Property Number: 189010533 Reason: Other Selfridge Air National Guard Base Status: Unutilized Comment: Water pump station. Mt. Clemens Co: Macomb MI 48045–5295 Reason: Secured Area. Facility 102 Landholding Agency: Air Force Bldg. 71 Selfridge Air National Guard Base Property Number: 189620010 Calumet Air Force Station Mt. Clemens Co: Macomb MI 48045–5295 Status: Unutilized Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Property Number: 189620001 explosive material; Secured Area. Property Number: 189010810 Status: Unutilized Facility 707 Status: Excess Reason: Within 2000 ft. of flammable or Selfridge Air National Guard Base Reason: Other explosive material; Secured Area. Mt. Clemens Co: Macomb MI 48045–5295 Comment: Sewage treatment and disposal Facility 135 Landholding Agency: Air Force facility. Selfridge Air National Guard Base Property Number: 189620011 Bldg. 99 (WATER WELL) Mt. Clemens Co: Macomb MI 48045–5295 Status: Unutilized Calumet Air Force Station Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or Calumet Co: Keweenaw MI 49913– Property Number: 189620002 explosive material; Secured Area. Landholding Agency: Air Force Status: Unutilized Facility 802 Property Number: 189010831 Reason: Within 2000 ft. of flammable or Selfridge Air National Guard Base Status: Excess explosive material; Secured Area. Mt. Clemens Co: Macomb MI 48045–5295 Reason: Other Facility 136 Landholding Agency: Air Force Comment: Water well. Selfridge Air National Guard Base Property Number: 189620012 Bldg. 100 (WATER WELL) Mt. Clemens Co: Macomb MI 48045–5295 Status: Unutilized Calumet Air Force Station Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or Calumet Co: Keweenaw MI 49913– Property Number: 189620003 explosive material; Secured Area. 43610 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Facility 816 Minnesota Air National Guard Property Number: 319620001 Selfridge Air National Guard Base Minneapolis Co: Hennepin MN 55111–4137 Status: Excess Mt. Clemens Co: Macomb MI 48045–5295 Landholding Agency: Air Force Reason: Extensive deterioration. Landholding Agency: Air Force Property Number: 189630035 Montana Property Number: 189620013 Status: Unutilized Status: Unutilized Reason: Within 2000 ft. of flammable or Bldg. 280 Reason: Within 2000 ft. of flammable or explosive material; Secured Area. Malmstrom AFB explosive material; Secured Area. Bldg. 684 Flightline & Avenue G Malmstrom Co: Cascade MT 59402– Facility 817 Minnesota Air National Guard Landholding Agency: Air Force Selfridge Air National Guard Base Minneapolis Co: Hennepin MN 55111–4137 Property Number: 189010077 Mt. Clemens Co: Macomb MI 48045–5295 Landholding Agency: Air Force Status: Underutilized Landholding Agency: Air Force Property Number: 189630036 Reason: Within 2000 ft. of flammable or Property Number: 189620014 Status: Unutilized explosive material; Within airport runway Status: Unutilized Reason: Within 2000 ft. of flammable or clear zone; Secured Area; Other Reason: Within 2000 ft. of flammable or explosive material; Secured Area. environmental. explosive material; Secured Area. Mississippi Bldg. 440 Facility 819 Natchez Moorings Malmstrom Air Force Base Selfridge Air National Guard Base 82 L.E. Berry Road Great Falls Co: Cascade MT 59402–7525 Mt. Clemens Co: Macomb MI 48045–5295 Natchez Co: Adams MS 39121– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: DOT Property Number: 189430008 Property Number: 189620015 Property Number: 879340002 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Extensive deterioration; Secured Reason: Within 2000 ft. of flammable or Reason: Extensive deterioration. Area. explosive material; Secured Area. Missouri Bldg. 444 Facility 821 Malmstrom Air Force Base Selfridge Air National Guard Base Bldg. 42 Great Falls Co: Cascade MT 59402–7525 Mt. Clemens Co: Macomb MI 48045–5295 Jefferson Barracks ANG Base Landholding Agency: Air Force Landholding Agency: Air Force 1 Grant Road, Missouri National Guard Property Number: 189430009 Property Number: 189620016 St. Louis Co: St. Louis MO 63125– Status: Unutilized Status: Unutilized Landholding Agency: Air Force Reason: Secured Area; Extensive Reason: Within 2000 ft. of flammable or Property Number: 189010726 deterioration. explosive material; Secured Area. Status: Unutilized Reason: Secured Area. Bldg. 464 Facility 829 Malmstrom Air Force Base Selfridge Air National Guard Base Bldg. 45 Great Falls Co: Cascade MT 59402–7525 Mt. Clemens Co: Macomb MI 48045–5295 Jefferson Barracks ANG Base Landholding Agency: Air Force Landholding Agency: Air Force 1 Grant Road, Missouri National Guard Property Number: 189430010 Property Number: 189620017 St. Louis Co: St. Louis MO 63125– Status: Unutilized Status: Unutilized Landholding Agency: Air Force Reason: Secured Area. Reason: Within 2000 ft. of flammable or Property Number: 189010728 explosive material; Secured Area. Status: Unutilized Bldg. 205 Reason: Secured Area. Malmstrom Air Force Base Facility 831 Malmstrom AFB Co: Cascade MT 59405– Selfridge Air National Guard Base Bldg. 46 Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Jefferson Barracks ANG Base Property Number: 189510004 Landholding Agency: Air Force 1 Grant Road, Missouri National Guard Status: Underutilized Property Number: 189620018 St. Louis Co: St. Louis MO 63125– Reason: Within 2000 ft. of flammable or Status: Unutilized Landholding Agency: Air Force explosive material. Reason: Within 2000 ft. of flammable or Property Number: 189010729 explosive material; Secured Area. Status: Unutilized Bldg. 210 Reason: Secured Area. Malmstrom Air Force Base Facility 834 Malmstrom AFB Co: Cascade MT 59405– Selfridge Air National Guard Base Bldg. 47 Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Jefferson Barracks ANG Base Property Number: 189510005 Landholding Agency: Air Force 1 Grant Road, Missouri National Guard Status: Unutilized Property Number: 189620019 St. Louis Co: St. Louis MO 63125– Reason: Secured Area; Extensive Status: Unutilized Landholding Agency: Air Force deterioration. Reason: Within 2000 ft. of flammable or Property Number: 189010730 explosive material; Secured Area. Status: Unutilized Bldg. 529 Reason: Secured Area. Malmstrom Air Force Base Facility 838 Malmstrom AFB Co: Cascade MT 59405– Selfridge Air National Guard Base Bldg. 61 Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Jefferson Barracks ANG Base Property Number: 189510011 Landholding Agency: Air Force 1 Grant Road, Missouri National Guard Status: Underutilized Property Number: 189620020 St. Louis Co: St. Louis Mo 63125– Reason: Secured Area; Within 2000 ft. of Status: Unutilized Landholding Agency: Air Force flammable or explosive material. Reason: Within 2000 ft. of flammable or Property Number: 189010731 explosive material; Secured Area. Status: Unutilized Bldg. 557, Malmstrom AFB Reason: Secured Area. Malmstrom AFB Co: Cascade MT 59402– Bldg. 402, U.S. Air Station Tract 2222 Landholding Agency: Air Force Traverse City Co: Grand Traverse MI 49684– Stockton Project Property Number: 189540010 3586 Aldrich Co: Polk MO 65601– Status: Underutilized Mt. Clemens Co: Macomb MI 48045–5295 Landholding Agency: COE Reason: Secured Area. Landholding Agency: DOT Property Number: 319510001 Property Number: 879220001 Bldg. 666, Malmstrom AFB Status: Excess Status: Unutilized Malmstrom AFB Co: Cascade MT 59402– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: Air Force Barn, Longview Lake Property Number: 189540011 Minnesota Kansas City Co: Jackson MO 64134– Status: Underutilized Bldg. 644 Landholding Agency: COE Reason: Secured Area. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43611

Bldg. 1189, Malmstrom AFB Bldg. 31 Hastings Radar Bomb Scoring Site Malmstrom AFB Co: Cascade MT 59402– Offutt Air Force Base Hastings Co: Adams NE 68901– Landholding Agency: Air Force Sac Boulevard Landholding Agency: Air Force Property Number: 189540013 Offutt Co: Sarpy NE 68113– Property Number: 189320061 Status: Underutilized Landholding Agency: Air Force Status: Excess Reason: Secured Area. Property Number: 189240007 Reason: Other Bldg. 1308, Malmstrom AFB Status: Unutilized Comment: Contamination. Malmstrom AFB Co: Cascade MT 59402– Reason: Secured Area. Bldg. 504 Landholding Agency: Air Force Bldg. 311 Hastings Family Housing Property Number: 189540014 Offutt Air Force Base Hastings Radar Bomb Scoring Site Status: Underutilized Nelson Drive Hastings Co: Adams NE 68901– Reason: Secured Area. Offutt Co: Sarpy NE 68113– Landholding Agency: Air Force Bldg. 1309, Malmstrom AFB Landholding Agency: Air Force Property Number: 189320062 Malmstrom AFB Co: Cascade MT 59402– Property Number: 189240008 Status: Excess Landholding Agency: Air Force Status: Unutilized Reason: Other Property Number: 189540015 Reason: Secured Area. Comment: Contamination. Status: Underutilized Bldg. 401 Bldg. 506 Reason: Secured Area. Offutt Air Force Base Hastings Family Housing Bldg. 547 Custer Drive Hastings Radar Bomb Scoring Site Malmstrom AFB Offutt Co: Sarpy NE 68113– Hastings Co: Adams NE 68901– Malmstrom AFB Co: Cascade MT 59402– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189240009 Property Number: 189320063 Property Number: 189620025 Status: Unutilized Status: Excess Status: Underutilized Reason: Secured Area. Reason: Other Reason: Within 2000 ft. of flammable or Bldg. 416 Comment: Contamination. explosive material; Secured Area. Offutt Air Force Base Bldg. 507 Bldg. 1709 Sherman Turnpike Hastings Family Housing Malmstrom AFB Offutt Co: Sarpy NE 68113– Hastings Radar Bomb Scoring Site Malmstrom AFB Co: Cascade MT 59402– Landholding Agency: Air Force Hastings Co: Adams NE 68901– Landholding Agency: Air Force Property Number: 189240010 Landholding Agency: Air Force Property Number: 189620026 Status: Unutilized Property Number: 189320064 Status: Unutilized Reason: Secured Area. Status: Excess Reason: Within 2000 ft. of flammable or Bldg. 417 Reason: Other explosive material; Secured Area. Offutt Air Force Base Comment: Contamination. Bldg. 1897 Sherman Turnpike Bldg. 509 Malmstrom AFB Offutt Co: Sarpy NE 68113– Hastings Family Housing Malmstrom AFB Co: Cascade MT 59402– Landholding Agency: Air Force Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Property Number: 189240011 Hastings Co: Adams NE 68901– Property Number: 189620027 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189320065 Reason: Secured Area. Bldg. 545 Status: Excess Bldg. 1810 Offutt Air Force Base Reason: Other Malmstrom AFB Offutt Co: Sarpy NE 68113– Comment: Contamination. Malmstrom AFB Co: Cascade MT 59402– Landholding Agency: Air Force Bldg. 511 Landholding Agency: Air Force Property Number: 189240012 Hastings Family Housing Property Number: 189630037 Status: Unutilized Hastings Radar Bomb Scoring Site Status: Unutilized Reason: Secured Area. Hastings Co: Adams NE 68901– Reason: Within 2000 ft. of flammable or Bldg. 21 Landholding Agency: Air Force explosive material; Secured Area. Hastings Radar Bomb Scoring Site Property Number: 189320066 Nebraska Hastings Co: Adams NE 68901– Status: Excess Landholding Agency: Air Force Reason: Other Offutt Communications Annex #3 Property Number: 189320058 Comment: Contamination. Offutt Air Force Base Status: Excess Scribner Co: Dodge NE 68031– Bldg. 512 Landholding Agency: Air Force Reason: Other Hastings Family Housing Property Number: 189210006 Comment: Generator. Hastings Radar Bomb Scoring Site Status: Unutilized Bldg. 4, Hastings Family Hsg. Hastings Co: Adams NE 68901– Reason: Other Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Comment: Former sewage lagoon. Hastings Co: Adams NE 68901– Property Number: 189320067 Bldg. 637 Landholding Agency: Air Force Status: Excess Lincoln Municipal Airport Property Number: 189320059 Reason: Other 2301 West Adams Status: Excess Comment: Contamination. Lincoln Co: Lancaster NE 68524– Reason: Other Bldg. 515 Landholding Agency: Air Force Comment: Contamination. Hastings Family Housing Property Number: 189230021 Bldg. 500 Hastings Radar Bomb Scoring Site Status: Unutilized Hastings Family Housing Hastings Co: Adams NE 68901– Reason: Extensive deterioration. Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Bldg. 639 Hastings Co: Adams NE 68901– Property Number: 189320068 Lincoln Municipal Airport Landholding Agency: Air Force Status: Excess 2301 West Adams Property Number: 189320060 Reason: Other Lincoln Co: Lancaster NE 68524– Status: Excess Comment: Contamination. Landholding Agency: Air Force Reason: Other Bldg. 517 Property Number: 189230022 Comment: Contamination. Hastings Family Housing Status: Unutilized Bldg. 502 Hastings Radar Bomb Scoring Site Reason: Extensive deterioration. Hastings Family Housing Hastings Co: Adams NE 68901– 43612 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Landholding Agency: Air Force Status: Excess Comment: Contamination. Property Number: 189320069 Reason: Other Bldg. 550 Status: Excess Comment: Contamination. Hastings Family Housing Reason: Other Bldg. 534 Hastings Radar Bomb Scoring Site Comment: Contamination. Hastings Family Housing Hastings Co: Adams NE 68901– Bldg. 519 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Hastings Family Housing Hastings Co: Adams NE 68901– Property Number: 189320086 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 189320078 Reason: Other Landholding Agency: Air Force Status: Excess Comment: Contamination. Property Number: 189320070 Reason: Other Bldg. 552 Status: Excess Comment: Contamination. Hastings Family Housing Reason: Other Bldg. 536 Hastings Radar Bomb Scoring Site Comment: Contamination. Hastings Family Housing Hastings Co: Adams NE 68901– Bldg. 521 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Hastings Family Housing Hastings Co: Adams NE 68901– Property Number: 189320087 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 189320079 Reason: Other Landholding Agency: Air Force Status: Excess Comment: Contamination. Property Number: 189320071 Reason: Other Bldg. 553 Status: Excess Comment: Contamination. Hastings Family Housing Reason: Other Bldg. 538 Hastings Radar Bomb Scoring Site Comment: Contamination. Hastings Family Housing Hastings Co: Adams NE 68901– Bldg. 523 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Hastings Family Housing Hastings Co: Adams NE 68901– Property Number: 189320088 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 189320080 Reason: Other Landholding Agency: Air Force Status: Excess Comment: Contamination. Property Number: 189320072 Reason: Other Bldg. 555 Status: Excess Comment: Contamination. Hastings Family Housing Reason: Other Bldg. 541 Hastings Radar Bomb Scoring Site Comment: Contamination. Hastings Family Housing Hastings Co: Adams NE 68901– Bldg. 525 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Hastings Family Housing Hastings Co: Adams NE 68901– Property Number: 189320089 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 189320081 Reason: Other Landholding Agency: Air Force Status: Excess Comment: Contamination. Property Number: 189320073 Reason: Other Bldg. 557 Status: Excess Comment: Contamination. Hastings Family Housing Reason: Other Bldg. 542 Hastings Radar Bomb Scoring Site Comment: Contamination. Hastings Family Housing Hastings Co: Adams NE 68901– Bldg. 526 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Hastings Family Housing Hastings Co: Adams NE 68901– Property Number: 189320090 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 189320082 Reason: Other Landholding Agency: Air Force Status: Excess Comment: Contamination. Property Number: 189320074 Reason: Other Bldg. 558 Status: Excess Comment: Contamination. Hastings Family Housing Reason: Other Bldg. 544 Hastings Radar Bomb Scoring Site Comment: Contamination. Hastings Family Housing Hastings Co: Adams NE 68901– Bldg. 529 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Hastings Family Housing Hastings Co: Adams NE 68901– Property Number: 189320091 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 189320083 Reason: Other Landholding Agency: Air Force Status: Excess Comment: Contamination. Property Number: 189320075 Reason: Other Bldg. 560 Status: Excess Comment: Contamination. Hastings Family Housing Reason: Other Bldg. 546 Hastings Radar Bomb Scoring Site Comment: Contamination. Hastings Family Housing Hastings Co: Adams NE 68901– Bldg. 531 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Hastings Family Housing Hastings Co: Adams NE 68901– Property Number: 189320092 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 189320084 Reason: Other Landholding Agency: Air Force Status: Excess Comment: Contamination. Property Number: 189320076 Reason: Other 27 Detached Garages Status: Excess Comment: Contamination. Hastings Family Housing Reason: Other Bldg. 549 Hastings Radar Bomb Scoring Site Comment: Contamination. Hastings Family Housing Hastings Co: Adams NE 68901– Bldg. 533 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Hastings Family Housing Hastings Co: Adams NE 68901– Property Number: 189320093 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 189320085 Reason: Other Landholding Agency: Air Force Status: Excess Comment: Contamination. Property Number: 189320077 Reason: Other Bldg. 17 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43613

Hastings Radar Bomb Scoring Site New Boston Air Force Station Reason: Secured Area. Hastings Co: Adams NE 68901– Amherst Co: Hillsborough NH 03031–1514 Bldg. 324 Landholding Agency: Air Force Landholding Agency: Air Force Holloman Air Force Base Co: Otero NM Property Number: 189320094 Property Number: 189320006 88330– Status: Excess Status: Unutilized Landholding Agency: Air Force Reason: Other Reason: Within 2000 ft. of flammable or Property Number: 189240035 Comment: Contamination. explosive material. Status: Unutilized Bldg. 16 Bldg. 104 Reason: Secured Area. Hastings Radar Bomb Scoring Site New Boston Air Force Station Bldg. 598 Hastings Co: Adams NE 68901– Amherst Co: Hillsborough NH 03031–1514 Holloman Air Force Base Co: Otero NM Landholding Agency: Air Force Landholding Agency: Air Force 88330– Property Number: 189320095 Property Number: 189320007 Landholding Agency: Air Force Status: Excess Status: Unutilized Property Number: 189240036 Reason: Other Reason: Within 2000 ft. of flammable or Status: Unutilized Comment: Contamination. explosive material. Reason: Secured Area. Bldg. 18 Bldg. 116 Bldg. 801 Hastings Radar Bomb Scoring Site New Boston Air Force Station Holloman Air Force Base Co: Otero NM Hastings Co: Adams NE 68901– Amherst Co: Hillsborough NH 03031–1514 88330– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189320096 Property Number: 189540016 Property Number: 189240037 Status: Excess Status: Unutilized Status: Unutilized Reason: Other Reason: Extensive deterioration. Reason: Secured Area. Comment: Contamination. New Jersey Bldg. 802 Bldg. 6 Holloman Air Force Base Co: Otero NM Piers and Wharf Hastings Family Housing 88330– Station Sandy Hook Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Highlands Co: Monmouth NJ 07732–5000 Hastings Co: Adams NE 68901– Property Number: 189240038 Landholding Agency: DOT Landholding Agency: Air Force Status: Unutilized Property Number: 879240009 Property Number: 189320097 Reason: Secured Area. Status: Unutilized Status: Excess Bldg. 1095 Reason: Other Reason: Extensive deterioration; Secured Area. Holloman Air Force Base Co: Otero NM Comment: Contamination. 88330– Chapel Hill Front Range Light Tower Bldg. 547 Landholding Agency: Air Force Hastings Family Housing Middletown Co: Monmouth NJ 07748– Property Number: 189240039 Hastings Radar Bomb Scoring Site Landholding Agency: DOT Status: Unutilized Hastings Co: Adams NE 68901– Property Number: 879440002 Reason: Secured Area. Status: Unutilized Landholding Agency: Air Force Bldg. 1096 Property Number: 189320098 Reason: Other Comment: Skeletal tower. Holloman Air Force Base Co: Otero NM Status: Excess 88330– Reason: Other Bldg. 103 Landholding Agency: Air Force Comment: Contamination. U.S. Coast Guard Station Sandy Hook Property Number: 189240040 Bldg. 604 Middleton Co: Monmouth NJ 07737– Status: Unutilized Hastings Family Housing Landholding Agency: DOT Reason: Secured Area. Property Number: 879610002 Hastings Radar Bomb Scoring Site Facility 321 Status: Unutilized Hastings Co: Adams NE 68901– Holloman Air Force Base Co: Otero NM Reason: Secured Area. Landholding Agency: Air Force 88330– Property Number: 189320099 New Mexico Landholding Agency: Air Force Status: Excess Bldg. 831 Property Number: 189240041 Reason: Other 833 CSG/DEER Status: Unutilized Comment: Contamination. Holloman AFB Co: Otero NM 88330– Reason: Secured Area. Bldg. 686 Landholding Agency: Air Force Facility 75115 Offutt Air Force Base Property Number: 189130333 Holloman Air Force Base Offutt Co: Sarpy NE 68113– Status: Unutilized Co: Otero NM 88330– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189510021 Bldg. 21 Property Number: 189240042 Status: Unutilized Status: Unutilized Reason: Secured Area. Holloman Air Force Base Co: Otero NM 88330– Reason: Secured Area. Bldg. 439 Landholding Agency: Air Force Bldg. 874 Offutt Air Force Base Property Number: 189240032 Holloman Air Force Base Offutt Co: Sarpy NE 68113– Status: Unutilized Co: Otero NM 88330– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189510022 Bldg. 80 Property Number: 189320041 Status: Unutilized Status: Unutilized Reason: Secured Area. Holloman Air Force Base Co: Otero NM 88330– Reason: Secured Area; Other New Hampshire Landholding Agency: Air Force Comment: Extensive Deterioration. Bldg. 101 Property Number: 189240033 Bldg. 1258 New Boston Air Force Station Status: Unutilized Holloman Air Force Base Amherst Co: Hillsborough NH 03031–1514 Reason: Secured Area. Co: Otero NM 88330– Landholding Agency: Air Force Bldg. 98 Landholding Agency: Air Force Property Number: 189320005 Holloman Air Force Base Co: Otero NM Property Number: 189320042 Status: Unutilized 88330– Status: Unutilized Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Reason: Secured Area; Other explosive material. Property Number: 189240034 Comment: Extensive Deterioration. Bldg. 102 Status: Unutilized Bldg. 134 43614 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Holloman Air Force Base Holloman Air Force Base Facility 807, Griffiss AFB Co: Otero NM 88330– Co: Otero NM 88330– Perimeter Road Landholding Agency: Air Force Landholding Agency: Air Force Rome Co: Oneida NY 13441– Property Number: 189430014 Property Number: 189510001 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189230003 Reason: Secured Area. Reason: Secured Area. Status: Excess Bldg. 640 Bldg. 600 Reason: Within airport runway clear zone; Holloman Air Force Base Holloman Air Force Base Secured Area. Co: Otero NM 88330– Co: Otero NM 88330– Facility 126 Landholding Agency: Air Force Landholding Agency: Air Force Griffiss Air Force Base Property Number: 189430015 Property Number: 189510002 Hanger Road Status: Unutilized Status: Unutilized Rome Co: Oneida NY 13441–4520 Reason: Secured Area. Reason: Secured Area. Landholding Agency: Air Force Bldg. 703 Bldg. 599 Property Number: 189240020 Holloman Air Force Base Holloman Air Force Base Status: Unutilized Co: Otero NM 88330– Co: Otero NM 88330– Reason: Secured Area. Landholding Agency: Air force Landholding Agency: Air Force Facility 127 Property Number: 189430016 Property Number: 189610007 Griffiss Air Force Base Status: Unutilized Status: Unutilized Hanger Road Reason: Within airport runway clear zone; Reason: Secured Area. Rome Co: Oneida NY 13441–4520 Secured Area. Bldg. 600 Landholding Agency: Air Force Bldg. 813 Holloman Air Force Base Property Number: 189240021 Holloman Air Force Base Co: Otero NM 88330– Status: Unutilized Co: Otero NM 88330– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 189610008 Facility 135 Property Number: 189430017 Status: Unutilized Griffiss Air Force Base Status: Unutilized Reason: Secured Area. Hanger Road Reason: Secured Area. Bldg. 995 Rome Co: Oneida NY 13441–4520 Bldg. 821 Holloman Air Force Base Landholding Agency: Air Force Holloman Air Force Base Co: Otero NM 88330– Property Number: 189240022 Co: Otero NM 88330– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 189610009 Reason: Secured Area. Property Number: 189430018 Status: Unutilized Facility 137 Status: Unutilized Reason: Secured Area. Griffiss Air Force Base Reason: Secured Area. New York Otis Street Bldg. 829 Rome Co: Oneida NY 13441–4520 Holloman Air Force Base Bldg. 626 (Pin: RVKQ) Landholding Agency: Air Force Co: Otero NM 88330– Niagara Falls International Airport Property Number: 189240023 Landholding Agency: Air force 914th Tactical Airlift Group Status: Unutilized Property Number: 189430019 Niagara Falls Co: Niagara NY 14303–5000 Reason: Secured Area. Status: Unutilized Landholding Agency: Air Force Property Number: 189010075 Facility 138 Reason: Within airport runway clear zone; Griffiss Air Force Base Secured Area. Status: Unutilized Reason: Within 2000 ft. of flammable or Otis Street Bldg. 867 explosive material; Secured Area. Rome Co: Oneida NY 13441–4520 Holloman Air Force Base Landholding Agency: Air Force Bldg. 272 Co: Otero NM 88330– Property Number: 189240024 Griffis Air Force Base Landholding Agency: Air force Status: Unutilized Rome Co: Oneida NY 13441– Property Number: 189430020 Reason: Secured Area. Landholding Agency: Air Force Status: Unutilized Property Number: 189140022 Facility 173 Reason: Secured Area. Status: Excess Griffiss Air Force Base Bldg. 884 Reason: Secured Area. Selfridge Street Holloman Air Force Base Rome Co: Oneida NY 13441–4520 Bldg. 888 Co: Otero NM 88330– Landholding Agency: Air Force Griffiss Air Force Base Landholding Agency: Air Force Rome Co: Oneida NY 13441– Property Number: 189240025 Property Number: 189430021 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189140023 Reason: Secured Area. Reason: Within airport runway clear zone; Status: Excess Facility 261 Secured Area. Reason: Secured Area. Griffiss Air Force Base Bldg. 886 Facility 814, Griffiss AFB McDill Street Holloman Air Force Base NE of Weapons Storage Area Rome Co: Oneida NY 13441–4520 Co: Otero NM 88330– Rome Co: Oneida NY 13441– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189240026 Property Number: 189430022 Property Number: 189230001 Status: Unutilized Status: Unutilized Status: Excess Reason: Secured Area. Reason: Within airport runway clear zone; Reason: Within airport runway clear zone; Facility 308 Secured Area. Secured Area. Griffiss Air Force Base Bldg. 908 Facility 808, Griffiss AFB 205 Chanute Street Holloman Air Force Base Perimeter Road Rome Co: Oneida NY 13441–4520 Co: Otero NM 88330– Rome Co: Oneida NY 13441– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189240027 Property Number: 189430023 Property Number: 189230002 Status: Unutilized Status: Unutilized Status: Excess Reason: Secured Area. Reason: Secured Area. Reason: Within airport runway clear zone; Facility 1200 Bldg. 599 Secured Area. Griffiss Air Force Base Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43615

Donaldson Road Status: Unutilized Reason: Secured Area. Rome Co: Oneida NY 13441–4520 Reason: Secured Area; Other Bldg. 223 Landholding Agency: Air Force Comment: Extensive deterioration. Fort Wadsworth Property Number: 189240028 Bldg. 605, Fort Totten Staten Island Co: Richmond NY 10305– Status: Unutilized New York Co: Queens NY 11359– Landholding Agency: DOT Reason: Secured Area. Landholding Agency: DOT Property Number: 879620004 Bldg. 759, Hancock Field Property Number: 879240022 Status: Unutilized 6001 East Molloy Road Status: Unutilized Reason: Secured Area. Syracuse Co: Onondaga NY 13211–7099 Reason: Secured Area; Other Bldg. 205 Landholding Agency: Air Force Comment: Extensive deterioration. Fort Wadsworth Property Number: 189310007 Eatons Neck Station Staten Island Co: Richmond NY 10305– Status: Unutilized U.S. Coast Guard Landholding Agency: DOT Reason: Extensive deterioration; Secured Huntington Co: Suffolk NY 11743– Property Number: 879620005 Area. Landholding Agency: DOT Status: Unutilized Facility 841 Property Number: 879310003 Reason: Secured Area. Griffiss Air Force Base Status: Unutilized North Carolina Rome Co: Oneida NY 13441–4520 Reason: Extensive deterioration; Secured Landholding Agency: Air Force Area. Bldg. 4230—Youth Center Cannon Ave. Property Number: 189330097 Bldg. 517, USCG Support Center Goldsboro Co: Wayne NC 27531–5005 Status: Unutilized Governors Island Co: Manhattan NY 10004– Reason: Secured Area. Landholding Agency: DOT Landholding Agency: Air Force Bldg. 852 Property Number: 879320025 Property Number: 189120233 Niagara Falls International Airport Status: Unutilized Status: Underutilized 914th Tactical Airlift Group Reason: Secured Area. Reason: Secured Area. Niagara Falls Co: Niagara NY 14304–5000 Bldg. 138 Bldg. 607, Pope Air Force Base Landholding Agency: Air Force U.S. Coast Guard Support Center Fayetteville Co: Cumberland NC 28308–2890 Property Number: 189420013 Governors Island Co: Manhattan NY 10004– Landholding Agency: Air Force Status: Unutilized Landholding Agency: DOT Property Number: 189330041 Reason: Secured Area. Property Number: 879410003 Status: Unutilized Warehouse Status: Unutilized Reason: Extensive deterioration; Secured Whitney Lake Project Reason: Secured Area. Area. Whitney Point Co: Broome NY 13862–0706 Bldg. 830 Bldg. 255, Pope Air Force Base Landholding Agency: COE U.S. Coast Guard Fayetteville Co: Cumberland NC 28308–2003 Property Number: 319630007 Governors Island Co: Manhattan NY 10004– Landholding Agency: Air Force Status: Unutilized Landholding Agency: DOT Property Number: 189420019 Reason: Extensive deterioration. Property Number: 879420004 Status: Unutilized 2 Buildings Status: Unutilized Reason: Secured Area; Extensive Ant Saugerties Reason: Secured Area. deterioration. Saugerties Co: Ulster NY 12477– Rochester Harbor Light Bldg. 370, Pope Air Force Base Landholding Agency: DOT Greece Township Co: Monroe NY Fayetteville Co: Cumberland NC 28308–2003 Property Number: 879230005 Landholding Agency: DOT Landholding Agency: Air Force Status: Unutilized Property Number: 879430008 Property Number: 189420020 Reason: Extensive deterioration. Status: Excess Status: Unutilized Bldg. 605, USCG Station Reason: Secured Area; Extensive Reason: Secured Area; Extensive Fort Totten deterioration. deterioration. New York Co: Queens NY 11359– Bldg. 8 Bldg. 904, Pope Air Force Base Landholding Agency: DOT Rosebank—Coast Guard Housing Fayetteville Co: Cumberland NC 28308–2003 Property Number: 879240010 Staten Island Co: Richmond NY 10301– Landholding Agency: Air Force Status: Excess Landholding Agency: DOT Property Number: 189420021 Reason: Secured Area. Property Number: 879530009 Status: Unutilized Bldg. 606, USCG Station Status: Unutilized Reason: Secured Area; Extensive Fort Totten Reason: Secured Area. deterioration. New York Co: Queens NY 11359– Bldg. 7 Bldg. 910, Pope Air Force Base Landholding Agency: DOT Rosebank—Coast Guard Housing Fayetteville Co: Cumberland NC 28308–2003 Property Number: 879240011 Staten Island Co: Richmond NY 10301– Landholding Agency: Air Force Status: Excess Landholding Agency: DOT Property Number: 189420022 Reason: Secured Area. Property Number: 879530010 Status: Unutilized Bldg. 607, USCG Station Status: Unutilized Reason: Secured Area; Extensive Fort Totten Reason: Secured Area; Extensive deterioration. New York Co: Queens NY 11359– deterioration. Bldg. 912, Pope Air Force Base Landholding Agency: DOT Station Bldg. Fayetteville Co: Cumberland NC 28308–2003 Property Number: 879240012 USCG, AUXOP Station Landholding Agency: Air Force Status: Excess Sodus Point Co: Wayne NY 14555– Property Number: 189420023 Reason: Secured Area. Landholding Agency: DOT Status: Unutilized Bldg. 606, Fort Totten Property Number: 879610001 Reason: Secured Area; Extensive New York Co: Queens NY 11359– Status: Unutilized deterioration. Landholding Agency: DOT Reason: Secured Area; Extensive Bldg. 914, Pope Air Force Base Property Number: 879240020 deterioration. Fayetteville Co: Cumberland NC 28308–2003 Status: Unutilized Bldg. 222 Landholding Agency: Air Force Reason: Secured Area. Fort Wadsworth Property Number: 189420024 Bldg. 607, Fort Totten Staten Island Co: Richmond NY 10305– Status: Unutilized New York Co: Queens NY 11359– Landholding Agency: DOT Reason: Secured Area; Extensive Landholding Agency: DOT Property Number: 879620003 deterioration. Property Number: 879240021 Status: Unutilized Bldg. 633, Pope Air Force Base 43616 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Fayetteville Co: Cumberland NC 28308– Bldg. 71, USCG Support Center Property Number: 879530015 Landholding Agency: Air Force Elizabeth City Co: Pasquotank NC 27909– Status: Unutilized Property Number: 189540019 5006 Reason: Floodway. Status: Unutilized Landholding Agency: DOT Unit #63 Reason: Secured Area; Extensive Property Number: 879320018 Buxton Annex, Anna May Court deterioration. Status: Unutilized Buxton Co: Dare NC 27920– Group Cape Hatteras Reason: Secured Area. Landholding Agency: DOT Boiler Plant Bldg. 73, USCG Support Center Property Number: 879530016 Buxton Co: Dare NC 27902–0604 Elizabeth City Co: Pasquotank NC 27909– Status: Unutilized Landholding Agency: DOT 5006 Reason: Floodway. Property Number: 879240018 Landholding Agency: DOT Unit #64 Status: Unutilized Property Number: 879320019 Buxton Annex, Anna May Court Reason: Secured Area. Status: Unutilized Buxton Co: Dare NC 27920– Group Cape Hatteras Reason: Secured Area. Landholding Agency: DOT Bowling Alley Bldg. 54 Property Number: 879530017 Buxton Co: Dare NC 27902–0604 Group Cape Hatteras Status: Unutilized Landholding Agency: DOT Buston Co: Dare NC 27902–0604 Reason: Floodway. Property Number: 879240019 Landholding Agency: DOT Unit #76 Status: Unutilized Property Number: 879340004 Buxton Annex, Anna May Court Reason: Secured Area. Status: Unutilized Buxton Co: Dare NC 27920– Bldg. 21, Fuel Farm Reason: Secured Area. Landholding Agency: DOT U.S. Coast Guard Air Station Bldg. 83 Property Number: 879530018 Elizabeth City Co: Pasquotank NC 27909– Group Cape Hatteras Status: Unutilized 5006 Buxton Co: Dare NC 27902–0604 Reason: Floodway. Landholding Agency: DOT Landholding Agency: DOT Unit #68 Property Number: 879320010 Property Number: 879340005 Buxton Annex, Anna May Court Status: Unutilized Status: Unutilized Buxton Co: Dare NC 27920– Reason: Floodway; Secured Area. Reason: Secured Area. Landholding Agency: DOT Bldg. 22, Fuel Farm Water Tanks Property Number: 879530019 U.S. Coast Guard Air Station Group Cape Hatteras Status: Unutilized Elizabeth City Co: Pasquotank NC 27909– Buxton Co: Dare NC 27902–0604 Reason: Floodway. 5006 Landholding Agency: DOT Unit #69 Landholding Agency: DOT Property Number: 879340006 Buxton Annex, Anna May Court Property Number: 879320011 Status: Unutilized Buxton Co: Dare NC 27920– Status: Unutilized Reason: Secured Area. Landholding Agency: DOT Reason: Floodway; Secured Area. USCG Gentian (WLB 290) Property Number: 879530020 Bldg. 25, Fuel Farm Fort Macon State Park Status: Unutilized U.S. Coast Guard Air Station Atlantic Beach Co: Carteret NC 27601– Reason: Floodway. Elizabeth City Co: Pasquotank NC 27909– Landholding Agency: DOT Unit #70 5006 Property Number: 879420007 Buxton Annex, Anna May Court Landholding Agency: DOT Status: Excess Buxton Co: Dare NC 27920– Property Number: 879320012 Reason: Secured Area. Landholding Agency: DOT Status: Unutilized Unit #71 Property Number: 879530021 Reason: Floodway; Secured Area. Buxton Annex, Cape Kendrick Circle Status: Unutilized Bldg. 27, Fuel Farm Buxton Co: Dare NC 27920– Reason: Floodway. U.S. Coast Guard Air Station Landholding Agency: DOT Unit #77 Elizabeth City Co: Pasquotank NC 27909– Property Number: 879530011 Buxton Annex, Old Lighthouse Road 5006 Status: Unutilized Buxton Co: Dare NC 27920– Landholding Agency: DOT Reason: Floodway. Landholding Agency: DOT Property Number: 879320013 Unit #72 Property Number: 879530022 Status: Unutilized Buxton Annex, Cape Kendrick Circle Status: Unutilized Reason: Floodway; Secured Area. Buxton Co: Dare NC 27920– Reason: Floodway. Bldg. 32, Fuel Farm Landholding Agency: DOT Unit #78 U.S. Coast Guard Air Station Property Number: 879530012 Buxton Annex, Old Lighthouse Road Elizabeth City Co: Pasquotank NC 27909– Status: Unutilized Buxton Co: Dare NC 27920– 5006 Reason: Floodway. Landholding Agency: DOT Landholding Agency: DOT Unit #73 Property Number: 879530023 Property Number: 879320014 Buxton Annex, Cape Kendrick Circle Status: Unutilized Status: Unutilized Buxton Co: Dare NC 27920– Reason: Floodway. Reason: Floodway; Secured Area. Landholding Agency: DOT Bldg. 45 Bldg. 67, USCG Support Center Property Number: 879530013 Caost Guard Support Center Elizabeth City Co: Pasquotank NC 27909– Status: Unutilized Elizabeth City Co: Pasquotank NC 27909– 5006 Reason: Floodway. 5006 Landholding Agency: DOT Unit #74 Landholding Agency: DOT Property Number: 879320016 Buxton Annex, Cape Kendrick Circle Property Number: 879630020 Status: Unutilized Buxton Co: Dare NC 27920– Status: Unutilized Reason: Secured Area. Landholding Agency: DOT Reason: Secured Area. Bldg. 69, USCG Support Center Property Number: 879530014 Bldg. 47 Elizabeth City Co: Pasquotank NC 27909– Status: Unutilized Coast Guard Support Center 5006 Reason: Floodway. Elizabeth City Co: Pasquotank NC 27909– Landholding Agency: DOT Unit #75 5006 Property Number: 879320017 Buxton Annex, Cape Kendrick Circle Landholding Agency: DOT Status: Unutilized Buxton Co: Dare NC 27920– Property Number: 879630021 Reason: Secured Area. Landholding Agency: DOT Status: Unutilized Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43617

Reason: Secured Area. Minot Co: Ward ND 58701– U.S. Coast Guard Air Station Borinquen Bldg. 53 Landholding Agency: Air Force Aquadilla PR 00604– Coast Guard Support Center Property Number: 189320037 Landholding Agency: DOT Elizabeth City Co: Pasquotank NC 27909– Status: Unutilized Property Number: 879310011 5006 Reason: Secured Area. Status: Unutilized Landholding Agency: DOT Bldg. 526 Reason: Secured Area. Property Number: 879630022 Minot Air Force Base Storage Equipment Bldg. Status: Unutilized Minot Co: Ward ND 58701– U.S. Coast Guard Air Station Borinquen Reason: Secured Area. Landholding Agency: Air Force Aquadilla PR 00604– Bldg. 57 Property Number: 189320038 Landholding Agency: DOT Coast Guard Support Center Status: Unutilized Property Number: 879330001 Elizabeth City Co: Pasquotank NC 27909– Reason: Secured Area. Status: Unutilized 5006 Bldg. 895 Reason: Secured Area. Landholding Agency: DOT Minot Air Force Base Bldg. 115 Property Number: 879630023 Minot Co: Ward ND 58701– U.S. Coast Guard Base Status: Unutilized Landholding Agency: Air Force San Juan PR 00902–2029 Reason: Secured Area. Property Number: 189320039 Landholding Agency: DOT Bldg. 59 Status: Unutilized Property Number: 879510001 Coast Guard Support Center Reason: Secured Area. Status: Unutilized Elizabeth City Co: Pasquotank NC 27909– Bldg. 1019 Reason: Secured Area. 5006 Minot Air Force Base Bldg. 117 Landholding Agency: DOT Minot Co: Ward ND 58701– U.S. Coast Guard Base Property Number 879630024 Landholding Agency: Air Force San Juan PR 00902–2029 Status: Unutilized Property Number: 189320040 Landholding Agency: DOT Reason: Secured Area. Status: Unutilized Property Number: 879510002 Status: Unutilized Bldg. 92 Reason: Secured Area. Reason: Secured Area. Coast Guard Support Center Ohio Bldg. 118 Elizabeth City Co: Pasquotank NC 27909– Bldg. 404, Hydrant Fuel U.S. Coast Guard Base 5006 910 Airlift Group San Juan PR 00902–2029 Landholding Agency: DOT Kinds-Graves Road Landholding Agency: DOT Property Number 879630025 Vienna Co: Trumbull OH 44473–5000 Property Number: 879510003 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reason: Secured Area. Property Number: 189220015 Reason: Secured Area. North Dakota Status: Unutilized Reason: Secured Area. Bldg. 119 Bldg. 422 U.S. Coast Guard Base Bldg. 405, Test Cell Minot Air Force Base San Juan PR 00902–2029 910 Airlift Group Minot Co: Ward ND 58705– Landholding Agency: DOT Kings-Graves Road Landholding Agency: Air Force Property Number: 879510004 Vienna Co: Trumbull OH 44473–5000 Property Number: 189010724 Status: Unutilized Landholding Agency: Air Force Status: Underutilized Reason: Secured Area. Property Number: 189220016 Reason: Secured Area. Status: Unutilized Bldg. 120 Bldg. 50 Reason: Secured Area. U.S. Coast Guard Base Fortuna Air Force Station San Juan PR 00902–2029 Lab Extreme northwestern corner of North Dakota Landholding Agency: DOT Ohio River Division Laboratories Fortuna Co: Divide ND 58844– Property Number: 879510005 Mariemont Co: Hamilton OH 15227–4217 Landholding Agency: Air Force Status: Unutilized Landholding Agency: COE Property Number: 189310107 Reason: Secured Area. Property Number: 319510002 Status: Excess Bldg. 122 Status: Unutilized Reason: Other U.S. Coast Guard Base Reason: Secured Area. Comment: Garbage incinerator. San Juan PR 00902–2029 Storage Facility Bldg. 119 Landholding Agency: DOT Ohio River Division Laboratories Minot Air Force Base Property Number: 879510006 Mariemont Co: Hamilton OH 15227–4217 Minot Co: Ward ND 58701– Status: Unutilized Landholding Agency: COE Landholding Agency: Air Force Reason: Secured Area. Property Number: 319510003 Property Number: 189320034 Bldg. 128 Status: Unutilized Status: Unutilized U.S. Coast Guard Base Reason: Secured Area. Reason: Secured Area. San Juan PR 00902–2029 Office Building Bldg. 191 Landholding Agency: DOT Ohio River Division Laboratories Minot Air Force Base Property Number: 879510007 Mariemont Co: Hamilton OH 15227–4217 Minot Co: Ward ND 58701– Status: Unutilized Landholding Agency: COE Landholding Agency: Air Force Reason: Secured Area. Property Number: 319510004 Property Number: 189320035 Bldg. 129 Status: Unutilized Status: Unutilized U.S. Coast Guard Base Reason: Secured Area. Reason: Secured Area. San Juan PR 00902–2029 Bldg. 490 Puerto Rico Landholding Agency: DOT Minot Air Force Base Bldg. 10 Property Number: 879510008 Minot Co: Ward ND 58701– Punta Salinas Radar Site Status: Unutilized Landholding Agency: Air Force Toa Baja Co: Toa Baja PR 00759– Reason: Secured Area. Property Number: 189320036 Landholding Agency: Air Force Rhode Island Status: Unutilized Property Number: 189010544 Station Point Judith Pier Reason: Secured Area. Status: Underutilized Narranganset Co: Washington RI 02882– Bldg. 509 Reason: Secured Area. Landholding Agency: DOT Minot Air Force Base NAFA Warehouse Property Number: 879310002 43618 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Status: Unutilized Bldg. 88470 Ellsworth AFB Co: Meade SD 57706– Reason: Extensive deterioration. Ellsworth Air Force Base Landholding Agency: Air Force South Dakota Ellsworth AFB Co: Meade SD 57706– Property Number: 189340043 Landholding Agency: Air Force Status: Unutilized Bldg. 88513 Property Number: 189340033 Reason: Within 2000 ft. of flammable or Ellsworth Air Force Base Status: Unutilized explosive material; Other; Secured Area Porter Avenue Reason: Within 2000 ft. of flammable or Comment: Waste treatment bldg. Ellsworth AFB Co: Meade SD 57706– explosive material; Secured Area. Landholding Agency: Air Force Bldg. 1115 Property Number: 189210001 Bldg. 88304 Ellsworth Air Force Base Status: Unutilized Ellsworth Air Force Base Ellsworth AFB Co: Meade SD 57706– Reason: Extensive deterioration. Ellsworth AFB Co: Meade SD 57706– Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189340044 Bldg. 88501 Property Number: 189340034 Status: Unutilized Ellsworth Air Force Base Status: Unutilized Reason: Secured Area. Ellsworth AFB Co: Meade SD 57706– Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Bldg. 1210 explosive material; Other; Secured Area Ellsworth Air Force Base Property Number: 189210002 Comment: Extensive deterioration. Status: Unutilized Ellsworth AFB Co: Meade SD 57706– Reason: Extensive deterioration. Bldg. 9011 Landholding Agency: Air Force Ellsworth Air Force Base Property Number: 189340045 Bldg. 200, South Nike Ed Annex Ellsworth AFB Co: Meade SD 57706– Status: Unutilized Ellsworth Air Force Base Landholding Agency: Air Force Reason: Secured Area. Ellsworth AFB Co: Pennington SD 57706– Property Number: 189340035 Landholding Agency: Air Force Bldg. 1112 Status: Unutilized Ellsworth Air Force Base Property Number: 189320048 Reason: Within 2000 ft. of flammable or Status: Unutilized Ellsworth AFB Co: Meade SD 57706– explosive material; Other; Secured Area Reason: Extensive deterioration. Landholding Agency: Air Force Comment: Extensive deterioration. Property Number: 189340046 Bldg. 201, South Nike Ed Annex Bldg. 7506 Status: Unutilized Ellsworth Air Force Base Ellsworth Air Force Base Reason: Secured Area. Ellsworth AFB Co: Pennington SD 57706– Ellsworth AFB Co: Meade SD 57706– Landholding Agency: Air Force Bldg. 1110 Landholding Agency: Air Force Property Number: 189320049 Ellsworth Air Force Base Property Number: 189340037 Status: Unutilized Ellsworth AFB Co: Meade SD 57706– Status: Unutilized Reason: Extensive deterioration. Landholding Agency: Air Force Reason: Secured Area. Property Number: 189340047 Bldg. 203, South Nike Ed Annex Bldg. 6908 Status: Unutilized Ellsworth Air Force Base Reason: Secured Area. Ellsworth AFB Co: Pennington SD 57706– Ellsworth Air Force Base Landholding Agency: Air Force Ellsworth AFB Co: Meade SD 57706– Bldg. 606 Property Number: 189320050 Landholding Agency: Air Force Ellsworth Air Force Base Status: Unutilized Property Number: 189340038 Ellsworth AFB Co: Meade SD 57706– Reason: Extensive deterioration. Status: Unutilized Landholding Agency: Air Force Reason: Within 2000 ft. of flammable or Property Number: 189340048 Bldg. 204, South Nike Ed Annex explosive material; Other; Secured Area Status: Unutilized Ellsworth Air Force Base Comment: Extensive deterioration. Reason: Within 2000 ft. of flammable or Ellsworth AFB Co: Pennington SD 57706– explosive material; Secured Area. Landholding Agency: Air Force Bldg. 6904 Property Number: 189320051 Ellsworth Air Force Base Bldg. 6905, Ellsworth AFB Status: Unutilized Ellsworth AFB Co: Meade SD 57706– Ellsworth AFB Co: Pennington SD 57706– Reason: Extensive deterioration. Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189340039 Property Number: 189440010 Bldg. 205, South Nike Ed Annex Status: Unutilized Status: Underutilized Ellsworth Air Force Base Reason: Within 2000 ft. of flammable or Reason: Secured Area. Ellsworth AFB Co: Pennington SD 57706– explosive material; Other; Secured Area Landholding Agency: Air Force Bldg. 1208 Comment: Extensive deterioration. Property Number: 189320052 Ellsworth Air Force Base Status: Unutilized Bldg. 4102 Ellsworth AFB Co: Meade SD 57706– Reason: Extensive deterioration. Ellsworth Air Force Base Landholding Agency: Air Force Bldg. 206, South Nike Ed Annex Ellsworth AFB Co: Meade SD 57706– Property Number: 189520009 Ellsworth Air Force Base Landholding Agency: Air Force Status: Unutilized Ellsworth AFB Co: Pennington SD 57706– Property Number: 189340040 Reason: Secured Area. Landholding Agency: Air Force Status: Unutilized Bldg. 7245 Property Number: 189320053 Reason: Secured Area. Ellsworth Air Force Base Status: Unutilized Bldg. 4101 Ellsworth AFB Co: Meade SD 57706– Reason: Extensive deterioration. Ellsworth Air Force Base Landholding Agency: Air Force Bldg. 00605 Ellsworth AFB Co: Meade SD 57706– Property Number: 189520010 Ellsworth Air Force Base Landholding Agency: Air Force Status: Unutilized Ellsworth AFB Co: Pennington SD 57706– Property Number: 189340041 Reason: Secured Area; within 2000 ft. of Landholding Agency: Air Force Status: Unutilized flammable or explosive material; within Property Number: 189320054 Reason: Secured Area. airport runway clear zone. Status: Underutilized Bldg. 4100 Bldg. 7502 Reason: Secured Area. Ellsworth Air Force Base Ellsworth Air Force Base Bldg. 88535 Ellsworth AFB Co: Meade SD 57706– Ellsworth AFB Co: Meade SD 57706– Ellsworth Air Force Base Landholding Agency: Air Force Landholding Agency: Air Force Ellsworth AFB Co: Meade SD 57706– Property Number: 189340042 Property Number: 189520011 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189340032 Reason: Secured Area. Reason: Secured Area; within 2000 ft. of Status: Unutilized Bldg. 3016 flammable or explosive material. Reason: Secured Area. Ellsworth Air Force Base Bldg. 1111, Ellsworth AFB Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43619

Ellsworth AFB Co: Pennington SD 57706– Reese Air Force Base Status: Unutilized Landholding Agency: Air Force Lubbock Co: Lubbock TX 79489–5000 Reason: Secured Area; Within 2000 ft. of Property Number: 189610005 Landholding Agency: Air Force flammable or explosive material. Status: Unutilized Property Number: 189540017 Utah Reason: Secured Area. Status: Unutilized Bldg. 789 Bldg. 1213, Ellsworth AFB Reason: Secured Area. Hill Air Force Base Ellsworth AFB Co: Pennington SD 57706– Bldg. 03130 (See County) Co: Davis UT 84056– Landholding Agency: Air Force Reese Air Force Base Landholding Agency: Air Force Property Number: 189610006 Lubbock Co: Lubbock TX 79489–5000 Property Number: 189040859 Status: Unutilized Landholding Agency: Air Force Reason: Secured Area. Property Number: 189540018 Status: Unutilized Reason: Within airport runway clear zone; Tennessee Status: Unutilized Reason: Secured Area. Secured Area. Bldg. 204 Vermont Cordell Hull Lake and Dam Project Old Exchange Bldg. Defeated Creek Recreation Area U.S. Coast Guard Comfort Station Carthage Co: Smith TN 37030– Galveston Co: Galveston TX 77553–3001 North Springfield Lake Location: US Highway 85 Landholding Agency: DOT Springfield Co: Windsor VT 05156– Landholding Agency: COE Property Number: 879310012 Landholding Agency: COE Property Number: 319011499 Status: Unutilized Property Number: 319630008 Status: Unutilized Reason: Secured Area. Status: Unutilized Reason: Floodway. WPB Building Reason: Extensive deterioration. Tract 2618 (Portion) Station Port Isabel Depot Street Cordell Hull Lake and Dam Project Coast Guard Station Downtown at the Waterfront Roaring River Recreation Area South Padre Island Co: Cameron TX 78597– Burlington Co: Chittenden VT 05401–5226 Gainesboro Co: Jackson TN 38562– 6497 Landholding Agency: DOT Location: TN Highway 135 Landholding Agency: DOT Property Number: 879220003 Landholding Agency: COE Property Number: 879530002 Status: Excess Property Number: 319011503 Status: Unutilized Reason: Floodway. Reason: Floodway. Status: Underutilized Virginia Aton Shops Building Reason: Floodway. Bldg. 052 & Tennis Court Water Treatment Plant USCG Station Sabine Sabine Co: Jefferson TX 77655– USCG Reserve Training Center Dale Hollow Lake & Dam Project Yorktown Co: York VA 23690– Obey River Park, State Hwy 42 Landholding Agency: DOT Property Number: 879530003 Landholding Agency: DOT Livingston Co: Clay TN 38351– Property Number: 879230004 Landholding Agency: COE Status: Unutilized Reason: Secured Area; Within 2000 ft. of Status: Excess Property Number: 319140011 Reason: Secured Area. Status: Excess flammable or explosive material. Damage Control Bldg. Reason: Other WPB Storage Shed Coast Guard, Group Eastern Shores Comment: Water treatment plant. USCG Station Sabine Chincoteague Co: Accomack VA 23361–510 Water Treatment Plant Sabine Co: Jefferson TX 77655– Landholding Agency: DOT Landholding Agency: DOT Dale Hollow Lake & Dam Project Property Number: 879240013 Lillydale Recreation Area, State Hwy 53 Property Number: 879530004 Status: Unutilized Status: Unutilized Livingston Co: Clay TN 38351– Reason: Secured Area. Landholding Agency: COE Reason: Secured Area; Within 2000 ft. of Admin. Bldg. Property Number: 319140012 flammable or explosive material. Coast Guard, Group Eastern Shores Status: Excess Flammable Storage Building Chincoteague Co: Accomack VA 23361–510 Reason: Other USCG Station Sabine Landholding Agency: DOT Comment: Water treatment plant. Sabine Co: Jefferson TX 77655– Property Number: 879240014 Water Treatment Plant Landholding Agency: DOT Property Number: 879530005 Status: Unutilized Dale Hollow Lake & Dam Project Reason: Secured Area. Willow Grove Recreational Area, Hwy No. 53 Status: Unutilized Storage Bldg. Livingston Co: Clay TN 38351– Reason: Secured Area; Within 2000 ft. of Coast Guard, Group Eastern Shores Landholding Agency: COE flammable or explosive material. Chincoteague Co: Accomack VA 23361–510 Property Number: 319140013 Battery Storage Building Landholding Agency: DOT Status: Excess USCG Station Sabine Property Number: 879240015 Reason: Other Sabine Co: Jefferson TX 77655– Status: Unutilized Comment: Water treatment plant. Landholding Agency: DOT Property Number: 879530006 Reason: Secured Area. Texas Status: Unutilized Little Creek Station Bldg. 40 Reason: Secured Area; Within 2000 ft. of Navamphib Base, West Annex, U.S. Coast Laughlin Air Force Base flammable or explosive material. Guard Co: Val Verde TX 78843–5000 Boat House Norfolk Co: Princess Anne VA 23520– Landholding Agency: Air Force USCG Station Sabine Landholding Agency: DOT Property Number: 189420014 Sabine Co: Jefferson TX 77655– Property Number: 879310004 Status: Unutilized Landholding Agency: DOT Status: Unutilized Reason: Extensive deterioration. Property Number: 879530007 Reason: Secured Area. Bldg. 119 Status: Unutilized Washington Laughlin Air Force Base Reason: Secured Area; Within 2000 ft. of Bldg. 640 Co: Val Verde TX 78843–5000 flammable or explosive material. Fairchild AFB Landholding Agency: Air Force Small Boat Pier Fairchild Co: Spokane WA 99011– Property Number: 189420016 USCG Station Sabine Landholding Agency: Air Force Status: Unutilized Sabine Co: Jefferson TX 77655– Property Number: 189010139 Reason: Extensive deterioration. Landholding Agency: DOT Status: Unutilized Bldg. 00153 Property Number: 879530008 Reason: Secured Area. 43620 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Bldg. 641 Bldg. 1466 Landholding Agency: Air Force Fairchild AFB Fairchild AFB Property Number: 189210004 Fairchild Co: Spokane WA 99011– Fairchild Co: Spokane WA 99011– Status: Unutilized Landholding Agency: Air Force Landholding Agency: Air Force Reason: Extensive deterioration. Property Number: 189010140 Property Number: 189010150 Bldg. 261 Status: Unutilized Status: Unutilized Fairchild Air Force Base Reason: Secured Area. Reason: Within 2000 ft. of flammable or Fairchild AFB Co: Spokane WA 99011– Bldg. 642 explosive material; Secured Area. Landholding Agency: Air Force Fairchild AFB Bldg. 3503 Property Number: 189310053 Fairchild Co: Spokane WA 99011– Fairchild AFB Status: Unutilized Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Reason: Secured Area. Property Number: 189010141 Landholding Agency: Air Force Bldg. 284 Status: Unutilized Property Number: 189010151 Fairchild Air Force Base Reason: Secured Area. Status: Unutilized Fairchild AFB Co: Spokane WA 99011– Bldg. 643 Reason: Secured Area. Landholding Agency: Air Force Fairchild AFB Bldg. 3504 Property Number: 189310054 Fairchild Co: Spokane WA 99011– Fairchild AFB Status: Unutilized Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Reason: Secured Area. Property Number: 189010142 Landholding Agency: Air Force Facility 923 Status: Unutilized Property Number: 189010152 Fairchild Air Force Base Reason: Secured Area. Status: Unutilized Fairchild AFB Co: Spokane WA 99011– Bldg. 645 Reason: Secured Area. Landholding Agency: Air Force Fairchild AFB Bldg. 3505 Property Number: 189310055 Fairchild Co: Spokane WA 99011– Fairchild AFB Status: Unutilized Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Reason: Secured Area. Property Number: 189010143 Landholding Agency: Air Force Bldg. 1330 Status: Unutilized Property Number: 189010153 Fairchild Air Force Base Reason: Secured Area. Status: Unutilized Fairchild AFB Co: Spokane WA 99011– Bldg. 646 Reason: Secured Area. Landholding Agency: Air Force Fairchild AFB Bldg. 3506 Property Number: 189310056 Fairchild Co: Spokane WA 99011– Fairchild AFB Status: Unutilized Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Reason: Secured Area; Within 2000 ft. of Property Number: 189010144 Landholding Agency: Air Force flammable or explosive material. Status: Unutilized Property Number: 189010154 Bldg. 1336 Reason: Secured Area. Status: Unutilized Fairchild Air Force Base Bldg. 647 Reason: Secured Area. Fairchild AFB Co: Spokane WA 99011– Fairchild AFB Bldg. 3507 Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Fairchild AFB Property Number: 189310057 Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Status: Unutilized Property Number: 189010145 Landholding Agency: Air Force Reason: Secured Area; Within 2000 ft. of Status: Unutilized Property Number: 189010155 flammable or explosive material. Reason: Secured Area. Status: Unutilized Bldg. 2000 Bldg. 1415 Reason: Secured Area. Fairchild Air Force Base Fairchild AFB Bldg. 3510 Fairchild AFB Co: Spokane WA 99011– Fairchild Co: Spokane WA 99011– Fairchild AFB Landholding Agency: Air Force Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Property Number: 189310058 Property Number: 189010146 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189010156 Reason: Secured Area; Within 2000 ft. of Reason: Within 2000 ft. of flammable or Status: Unutilized flammable or explosive material. explosive material; Secured Area. Reason: Secured Area. Bldg. 2143 Bldg. 1429 Bldg. 3514 Fairchild Air Force Base Fairchild AFB Fairchild AFB Fairchild AFB Co: Spokane WA 99011– Fairchild Co: Spokane WA 99011– Fairchild Co: Spokane WA 99011– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189310059 Property Number: 189010147 Property Number: 189010157 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area; Within 2000 ft. of Reason: Within 2000 ft. of flammable or Reason: Secured Area. flammable or explosive material. explosive material; Secured Area. Bldg. 3518 Bldg. 2385 Bldg. 1464 Fairchild AFB Fairchild Air Force Base Fairchild AFB Fairchild Co: Spokane WA 99011– Fairchild AFB Co: Spokane WA 99011– Fairchild Co: Spokane WA 99011– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189010158 Property Number: 189310060 Property Number: 189010148 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area. Reason: Secured Area. Reason: Within 2000 ft. of flammable or Bldg. 3521 Bldg. 3509 explosive material; Secured Area. Fairchild AFB Fairchild Air Force Base Bldg. 1465 Fairchild Co: Spokane WA 99011– Fairchild AFB Co: Spokane WA 99011– Fairchild AFB Landholding Agency: Air Force Landholding Agency: Air Force Fairchild Co: Spokane WA 99011– Property Number: 189010159 Property Number: 189310061 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 189010149 Reason: Secured Area. Reason: Secured Area. Status: Unutilized Bldg. 100, Geiger Heights Bldg. 1405 Reason: Within 2000 ft. of flammable or Grove and Hallet Streets Fairchild Air Force Base explosive material; Secured Area. Fairchild AFB Co: Spokane WA 99204– Fairchild AFB Co: Spokane WA 99011– Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43621

Landholding Agency: Air Force Bldg. 2164 Bldg. 2781 Property Number: 189310062 Fairchild Air Force Base Warren Air Force Base Status: Underutilized Fairchild AFB Co: Spokane WA 99011– Cheyenne Co: Laramie WY 82005–5000 Reason: Secured Area; Within 2000 ft. of Landholding Agency: Air Force Landholding Agency: Air Force flammable or explosive material. Property Number: 189330096 Property Number: 189240006 Bldg. 1468 Status: Unutilized Status: Unutilized Fairchild Air Force Base Reason: Within 2000 ft. of flammable or Reason: Secured Area. Fairchild AFB Co: Spokane WA 99011– explosive material; Secured Area. Bldg. 386 Landholding Agency: Air Force Wisconsin F. E. Warren AFB Property Number: 189310063 Cheyenne Co: Laramie WY 82005–5000 Status: Unutilized Bldg. 204, 440 Airlift Wing Gen. Mitchell IAP Landholding Agency: Air Force Reason: Secured Area; Within 2000 ft. of Property Number: 189620021 flammable or explosive material. Milwaukee Co: Milwaukee WI 53207–6299 Landholding Agency: Air Force Status: Unutilized Bldg. 1469 Property Number: 189320032 Reason: Secured Area. Fairchild Air Force Base Status: Unutilized Bldg. 831 Fairchild AFB Co: Spokane WA 99011– Reason: Secured Area. F. E. Warren AFB Landholding Agency: Air Force Bldg. 306, 440 Airlift Wing Cheyenne Co: Laramie WY 82005–5000 Property Number: 189310064 Landholding Agency: Air Force Status: Unutilized Gen. Mitchell IAP Milwaukee Co: Milwaukee WI 53207–6299 Property Number: 189620022 Reason: Secured Area; Within 2000 ft. of Status: Unutilized flammable or explosive material. Landholding Agency: Air Force Property Number: 189320033 Reason: Secured Area. Bldg. 2450 Status: Unutilized Bldg. 832 Fairchild Air Force Base Reason: Secured Area. F. E. Warren AFB Fairchild AFB Co: Spokane WA 99011– Cheyenne Co: Laramie WY 82005–5000 Landholding Agency: Air Force Rawley Point Light Property Number: 189310065 Two Rivers Co: Manitowoc WI Landholding Agency: Air Force Status: Unutilized Landholding Agency: DOT Property Number: 189620023 Reason: Secured Area; Within 2000 ft. of Property Number: 879540004 Status: Unutilized flammable or explosive material. Status: Unutilized Reason: Secured Area. Bldg. 1, Waste Annex Reason: Secured Area; Extensive Bldg. 833 West of Craig Road deterioration. F. E. Warren AFB Co: Spokane WA 99022– Wyoming Cheyenne Co: Laramie WY 82005–5000 Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 31 Property Number: 189320043 Property Number: 189620024 F. E. Warren Air Force Base Status: Unutilized Status: Unutilized Reason: Secured Area. Cheyenne Co: Laramie WY 82005– Reason: Secured Area. Landholding Agency: Air Force Bldg. 1220 Property Number: 189010198 Land (by State) Fairchild Air Force Base Status: Unutilized Alaska Fairchild AFB Co: Spokane WA 99011– Reason: Secured Area. Landholding Agency: Air Force Campion Air Force Station Property Number: 189330091 Bldg. 34 21 CSG/DEER Status: Unutilized F. E. Warren Air Force Base Elmendorf AFB Co: Anchorage AK 99506– Reason: Within 2000 ft. of flammable or Cheyenne Co: Laramie WY 82005– 5000 explosive material; Secured Area. Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 189010199 Bldg. 1224 Property Number: 189010430 Status: Underutilized Fairchild Air Force Base Status: Unutilized Reason: Secured Area. Fairchild AFB Co: Spokane WA 99011– Reason: Other; Isolated area; Not accessible Landholding Agency: Air Force Bldg. 37 by road Property Number: 189330092 F. E. Warren Air Force Base Comment: Isolated and remote area; Arctic Status: Unutilized Cheyenne Co: Laramie WY 82005– environment. Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Lake Louise Recreation explosive material; Secured Area. Property Number: 189010200 21 CSG/DEER Status: Unutilized Bldg. 2004 Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area. Fairchild Air Force Base 5000 Fairchild AFB Co: Spokane WA 99011– Bldg. 284 Landholding Agency: Air Force Landholding Agency: Air Force F. E. Warren Air Force Base Property Number: 189010431 Property Number: 189330093 Cheyenne Co: Laramie WY 82005– Status: Unutilized Status: Unutilized Landholding Agency: Air Force Reason: Other; Isolated area; Not accessible Reason: Secured Area. Property Number: 189010201 by road Bldg. 2018 Status: Unutilized Comment: Isolated and remote area; Arctic Fairchild Air Force Base Reason: Secured Area. coast. Fairchild AFB Co: Spokane WA 99011– Bldg. 385 Nikolski Radio Relay Site Landholding Agency: Air Force F. E. Warren Air Force Base 21 CSG/DEER Property Number: 189330094 Cheyenne Co: Laramie WY 82005– Elmendorf AFB Co: Anchorage AK 99506– Status: Unutilized Landholding Agency: Air Force 5000 Reason: Within 2000 ft. of flammable or Property Number: 189010202 Landholding Agency: Air Force explosive material; Secured Area. Status: Unutilized Property Number: 189010432 Bldg. 2150 Reason: Secured Area. Status: Unutilized Fairchild Air Force Base Bldg. 2780 Reason: Other; Isolated area; Not accessible Fairchild AFB Co: Spokane WA 99011– Warren Air Force Base by road Landholding Agency: Air Force Cheyenne Co: Laramie WY 82005–5000 Comment: Isolated and remote area; Arctic Property Number: 189330095 Landholding Agency: Air Force coast. Status: Unutilized Property Number: 189240005 Russian Creek Aggregate Site Reason: Within 2000 ft. of flammable or Status: Unutilized USCG Support Center Kodiak explosive material; Secured Area. Reason: Secured Area. Kodiak Co: Kodiak AK 99619– 43622 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Landholding Agency: DOT Landholding Agency: COE Yipsilanti Co: Washtenaw MI 48198– Property Number: 879440025 Property Number: 319120008 Location: 549 ft. north of intersection of Status: Excess Status: Unutilized Coolidge and Bradley Ave. on East side of Reason: Floodway. Reason: Floodway. street Sargent Creek Aggregate Site Green River Lock & Dam No. 3 Landholding Agency: DOT USCG Support Center Kodiak Rochester Co: Butler KY 42273– Property Number: 879120006 Kodiak Co: Kodiak AK 99619– Location: Off State Hwy. 369, which runs off Status: Unutilized Landholding Agency: DOT of Western Ky. Parkway Reason: Within airport runway clear zone. Property Number: 879440026 Landholding Agency: COE Minnesota Status: Excess Property Number: 319120009 Reason: Floodway. Status: Unutilized Parcel G Reason: Floodway. Pine River Florida Green River Lock & Dam No. 4 Cross Lake Co: Crow Wing MN 56442– Land Woodbury Co: Butler KY 42288– Location: 3 miles from city of Cross Lake MacDill Air Force Base Location: Off State Hwy 403, which is off between highways 6 and 371 6601 S. Manhattan Avenue State Hwy 231 Landholding Agency: COE Tampa Co: Hillsborough FL 33608– Landholding Agency: COE Property Number: 319011037 Landholding Agency: Air Force Property Number: 319120014 Status: Excess Property Number: 189030003 Status: Underutilized Reason: Other Status: Excess Reason: Floodway. Comment: Highway right of way. Reason: Floodway. Green River Lock & Dam No. 5 Mississippi Land—approx. 220 acres Readville Co: Butler Ky 42275– Cape San Blas Parcel 1 Location: Off State Highway 185 Grenada Lake Port St. Joe Co: Gulf FL Landholding Agency: COE Landholding Agency: DOT Section 20 Property Number: 319120015 Grenada Co: Grenada MS 38901–0903 Property Number: 879440018 Status: Unutilized Landholding Agency: COE Status: Underutilized Reason: Floodway. Property Number: 319011018 Reason: Secured Area; Floodway. Green River Lock & Dam No. 6 Status: Underutilized Kentucky Brownsville Co: Edmonson KY 42210– Reason: Within airport runway clear zone. Location: Off State Highway 259 Tract 4626 Missouri Barkley, Lake, Kentucky and Tennessee Landholding Agency: COE Property Number: 319120016 Donaldson Creek, Launching Area Ditch 19, Item 2, Tract No. 230 Status: Underutilized Cadiz Co: Trigg KY 42211– St. Francis Basis Project Reason: Floodway. 1 Location: 14 miles from US Highway 68 2 ⁄2 miles west of Malden Landholding Agency: COE Vacant land west of locksite Co: Dunklin MO Property Number: 319010030 Greenup Locks and Dam Landholding Agency: COE Status: Underutilized 5121 New Dam Road Property Number: 319130001 Reason: Floodway. Rural Co: Greenup KY 41144– Status: Unutilized Landholding Agency: COE Reason: Floodway. Tract AA–2747 Property Number: 319120017 Wolf Creek Dam and Lake Cumberland Confluence Levee (32B) Status: Unutilized Missouri & Osage Rivers US HWY. 27 to Blue John Road Reason: Floodway. Burnside Co: Pulaski KY 42519– Co: Cole & Osage MO Tract 6404, Cave Run Lake Landholding Agency: COE Landholding Agency: COE U.S. Hwy 460 Property Number: 319010038 Property Number: 319430001 Index Co: Morgan KY Status: Underutilized Status: Unutilized Landholding Agency: COE Reason: Floodway. Reason: Floodway. Property Number: 319240005 Tract AA–2726 Status: Underutilized New Mexico Wolf Creek Dam and Lake Cumberland Reason: Floodway. Facility 75100 KY HWY. 80 to Route 769 Tract 6803, Cave Run Lake Holloman Air Force Base Burnside Co: Pulaski KY 42519– State Road 1161 Co: Otero NM 88330– Landholding Agency: COE Pomp Co: Morgan KY Landholding Agency: Air Force Property Number: 319010039 Landholding Agency: COE Property Number: 189240043 Status: Underutilized Property Number: 319240006 Status: Unutilized Reason: Floodway. Status: Underutilized Reason: Secured Area. Tract 1358 Reason: Floodway. North Dakota Barkley Lake, Kentucky and Tennessee Maryland Eddyville Recreation Area Tracts 1 & 2 Eddyville Co: Lyon Ky 42038– Land Garrison Dam Location: US Highway 62 to state highway 93 Brandywine Storage Annex Lake Sakakawea Landholding Agency: COE 1776 ABW/DE Brandywine Road, Route 381 Williston Co: Williams ND 58801– Property Number: 319010043 Andrews AFB Co: Prince Georges MD 20613– Landholding Agency: COE Status: Excess Landholding Agency: Air Force Property Number: 319410015 Reason: Floodway. Property Number: 189010263 Status: Excess Status: Unutilized Reason: Within 2000 ft. of flammable or Red River Lake Project Reason: Secured Area. explosive material; Floodway. Stanton Co: Powell KY 40380– Location: Exit Mr. Parkway at the Stanton Tract 131R Ohio and Slade Interchange, then take SR Hand Youghiogheny River Lake, Rt. 2, Box 100 Mosquito Creek Lake 15 north to SR 613 Friendsville Co: Garrett MD Everett Hull Road Boat Launch Landholding Agency: COE Landholding Agency: COE Cortland Co: Trumbull OH 44410–9321 Property Number: 319011684 Property Number: 319240007 Landholding Agency: COE Status: Unutilized Status: Underutilized Property Number: 319440007 Reason: Floodway. Reason: Floodway. Status: Underutilized Barren River Lock & Dam No. 1 Michigan Reason: Floodway. Richardsville Co: Warren KY 42270– Middle Marker Facility Mosquito Creek Lake Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices 43623

Housel—Craft Rd., Boat Launch Obey Cordell Hull Lake and Dam Project Cortland Co: Trumbull OH 44410–9321 Cordell Hull Lake and Dam Project Carthage Co: Smith TN 37030– Landholding Agency: COE Celina Co: Clay TN 38551– Location: Sullivan Bend Road Property Number: 319440008 Location: TN Highway 53 Landholding Agency: COE Status: Underutilized Landholding Agency: COE Property Number: 319011489 Reason: Floodway. Property Number: 319011481 Status: Unutilized Pennsylvania Status: Unutilized Reason: Floodway. Reason: Floodway. Lock and Dam #7 Tract 2403, Hensley Creek Monogahela River Tracts 608, 609, 611 and 612 Cordell Hull Lake and Dam Project Greensboro Co: Greene PA Sullivan Bend Launching Area Gainesboro Co: Jackson TN 38562– Location: Left hand side of entrance roadway Cordell Hull Lake and Dam Project Location: TN Highway 85 to project. Carthage Co: Smith TN 37030– Landholding Agency: COE Landholding Agency: COE Location: Sullivan Bend Road Property Number: 319011490 Property Number: 319011564 Landholding Agency: COE Status: Unutilized Status: Unutilized Property Number: 319011482 Reason: Floodway. Reason: Floodway. Status: Underutilized Tracts 2117C, 2118 and 2120 Reason: Floodway. South Dakota Cordell Hull Lake and Dam Project Tract 920 Trace Creek Badlands Bomb Range Indian Creek Camping Area Gainesboro Co: Jackson TN 38562– 60 miles southeast of Rapid City, SD Cordell Hull Lake and Dam Project Location: Brooks Ferry Road 1 1 ⁄2 miles south of Highway 44 Granville Co: Smith TN 38564– Landholding Agency: COE Co: Shannon SD Location: TN Highway 53 Property Number: 319011491 Landholding Agency: Air Force Landholding Agency: COE Status: Unutilized Property Number: 189210003 Property Number: 319011483 Reason: Floodway. Status: Unutilized Status: Underutilized Reason: Secured Area. Tracts 424, 425 and 426 Reason: Floodway. Cordell Hull Lake and Dam Project Tennessee Tracts 1710, 1716 and 1703 Stone Bridge Brooks Bend Flynns Lick Launching Ramp Carthage Co: Smith TN 37030– Cordell Hull Dam and Reservoir Cordell Hull Lake and Dam Project Location: Sullivan Bend Road Highway 85 to Brooks Bend Road Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Gainesboro Co: Jackson TN 38562– Location: Whites Bend Road Property Number: 319011492 Location: Tracts 800, 802–806, 835–837, 900– Landholding Agency: COE Status: Unutilized 902, 1000–1003, 1025 Property Number: 319011484 Reason: Floodway. Landholding Agency: COE Status: Underutilized Tract 517 Property Number: 219040413 Reason: Floodway. J. Percy Priest Dam and Reservoir Status: Underutilized Tract 1810 Suggs Creek Embayment Reason: Floodway. Wartrace Creek Launching Ramp Nashville Co: Davidson TN 37214– Cheatham Lock and Dam Cordell Hull Lake and Dam Project Location: Interstate 40 to S. Mount Juliet Highway 12 Gainesboro Co: Jackson TN 38551– Road. Ashland City Co: Cheatham TN 37015– Location: TN Highway 85 Landholding Agency: COE Location: Tracts E–513, E–512–1 and E–512– Landholding Agency: COE Property Number: 319011493 2 Property Number: 319011485 Status: Underutilized Landholding Agency: COE Status: Underutilized Reason: Floodway. Property Number: 219040415 Reason: Floodway. Tract 1811 Status: Underutilized Tract 2524 West Fork Launching Area Reason: Floodway. Jennings Creek Smyrna Co: Rutherford TN 37167– Tract 6737 Cordell Hull Lake and Dam Project Location: Florence Road near Enon Springs Blue Creek Recreation Area Gainesboro Co: Jackson TN 38562– Road Barkley Lake, Kentucky and Tennessee Location: TN Highway 85 Landholding Agency: COE Dover Co: Stewart TN 37058– Landholding Agency: COE Property Number: 319011494 Location: U.S. Highway 79/TN Highway 761 Property Number: 319011486 Status: Underutilized Landholding Agency: COE Status: Unutilized Reason: Floodway. Property Number: 319011478 Reason: Floodway. Tract 1504 Status: Underutilized Tracts 2905 and 2907 J. Perry Priest Dam and Reservoir Reason: Floodway. Webster Lamon Hill Recreation Area Tracts 3102, 3105, and 3106 Cordell Hull Lake and Dam Project Smyrna Co: Rutherford TN 37167– Brimstone Launching Area Gainesboro Co: Jackson TN 38551– Location: Lamon Road Cordell Hull Lake and Dam Project Location: Big Bottom Road Landholding Agency: COE Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Property Number: 319011495 Location: Big Bottom Road Property Number: 319011487 Status: Underutilized Landholding Agency: COE Status: Unutilized Reason: Floodway. Property Number: 319011479 Reason: Floodway. Tract 1500 Status: Excess Tracts 2200 and 2201 J. Perry Priest Dam and Reservoir Reason: Floodway. Gainesboro Airport Pools Knob Recreation Area Tract 3507 Cordell Hull Lake and Dam Project Smyrna Co: Rutherford TN 37167– Proctor Site Gainesboro Co: Jackson TN 38562– Location: Jones Mill Road Cordell Hull Lake and Dam Project Location: Big Bottom Road Landholding Agency: COE Celina Co: Clay TN 38551– Landholding Agency: COE Property Number: 319011496 Location: TN Highway 52 Property Number: 319011488 Status: Underutilized Landholding Agency: COE Status: Underutilized Reason: Floodway. Property Number: 319011480 Reason: Within airport runway clear zone; Tracts 245, 257, and 256 Status: Unutilized Floodway. J. Perry Priest Dam and Reservoir Reason: Floodway. Tracts 710C and 712C Cook Recreation Area Tract 3721 Sullivan Island Nashville Co: Davidson TN 37214– 43624 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Notices

Location: 2.2 miles south of Interstate 40 near Landholding Agency: COE Richmond IAP Saunders Ferry Pike. Property Number: 319130008 5680 Beulah Road Landholding Agency: COE Status: Underutilized Richmond Co: Henrico VA 23150– Property Number: 319011497 Reason: Floodway. Landholding Agency: Air Force Status: Underutilized Property Number: 189010437 Texas Reason: Floodway. Status: Unutilized Tracts 107, 109 and 110 Tracts 104, 105–1, 105–2 & 118 Reason: Within 2000 ft. of flammable or Cordell Hull Lake and Dam Project Joe Pool Lake explosive material; Secured Area. Co: Dallas TX Two Prong ANG Site Landholding Agency: COE Carthage Co: Smith TN 37030– Camp Pendleton Property Number: 319010397 Location: US Highway 85 Virginia Air National Guard Landholding Agency: COE Status: Underutilized Reason: Floodway. Virginia Beach Co: (See County) VA 23451– Property Number: 319011498 Landholding Agency: Air Force Status: Unutilized Part of Tract 201–3 Property Number: 189010589 Reason: Floodway. Joe Pool Lake Status: Unutilized Tracts 2919 and 2929 Co: Dallas TX Reason: Secure Area. Landholding Agency: COE Cordell Hull Lake and Dam Project Washington Sugar Creek Property Number: 319010398 Status: Underutilized Gainesboro Co: Jackson TN 38562– Fairchild AFB Reason: Floodway. Location: Sugar Creek Road SE corner of base Landholding Agency: COE Part of Tract 323 Fairchild AFB Co: Spokane WA 99011– Property Number: 319011500 Joe Pool Lake Landholding Agency: Air Force Status: Unutilized Co: Dallas TX Property Number: 189010137 Reason: Floodway. Landholding Agency: COE Status: Unutilized Property Number: 319010399 Tracts 1218 and 1204 Reason: Secure Area. Status: Underutilized Cordell Hull Lake and Dam Project Fairchild AFB Reason: Floodway. Granville—Alvin Yourk Road Fairchild AFB Co: Spokane WA 99011– Granville Co: Jackson TN 38564– Tract 702–3 Location: NW corner of base Landholding Agency: COE Granger Lake Landholding Agency: Air Force Property Number: 319011501 Route 1, Box 172 Property Number: 189010138 Status: Unutilized Granger Co: Williamson TX 76530–9801 Status: Unutilized Reason: Floodway. Landholding Agency: COE Reason: Secure Area. Property Number: 319010401 Tract 2100 Status: Unutilized West Virginia Cordell Hull Lake and Dam Project Reason: Floodway. Ohio River Galbreaths Branch Pike Island Locks and Dam Gainesboro Co: Jackson TN 38562– Tract 706 Buffalo Creek Location: TN Highway 53 Granger Lake Wellsburg Co: Brooke WV Landholding Agency: COE Route 1, Box 172 Granger Co: Williamson TX 76530–9801 Landholding Agency: DOE Property Number: 319011502 Landholding Agency: COE Property Number: 319011529 Status: Unutilized Property Number: 319010402 Status: Unutilized Reason: Floodway. Status: Unutilized Reason: Floodway. Tract 104 et al. Reason: Floodway. Morgantown Lock and Dam Cordell Hull Lake and Dam Project Box 3 RD #2 Horshoe Bend Launching Area Virginia Morgantown Co: Monongalia WV 26505– Carthage Co: Smith TN 37030– Parcel 1 (Byrd Field) Landholding Agency: COE Location: Highway 70 N Richmond IAP Property Number: 319011530 Landholding Agency: COE 5680 Beulah Road Status: Unutilized Property Number: 319011504 Richmond Co: Henrico VA 23150– Reason: Floodway. Status: Underutilized Landholding Agency: Air Force Reason: Floodway. Property Number: 189010435 London Lock and Dam Route 60 East Tracts 510, 511, 513 and 514 Status: Unutilized Rural Co: Kanawha WV 25126– J. Percy Priest Dam and Reservoir Project Reason: Floodway. Location: 20 miles east of Charleston, W. Lebanon Co: Wilson TN 37087– Parcel 3 (Byrd Field) Virginia. Location: Vivrett Creek Launching Area, Richmond IAP Landholding Agency: COE Alvin Sperry Road 5680 Beulah Road Property Number: 319011690 Landholding Agency: COE Richmond Co: Henrico VA 23150– Status: Unutilized Property Number: 319120007 Landholding Agency: Air Force Reason: Other Status: Underutilized Property Number: 189010436 Comment: .03 acre; very narrow strip of land Reason: Floodway. Status: Unutilized located too close to busy highway. Tract A–142, Old Hickory Beach Reason: Within 2000 ft. of flammable or Old Hickory Blvd. explosive material. [FR Doc. 96–21207 Filed 8–22–96; 8:45 am] Old Hickory Co: Davidson TN 37138– Parcel 2 (Byrd Field) BILLING CODE 4210±29±M federal register August 23,1996 Friday Rules Conforming Book-EntryChanges;Final Treasury Bonds,NotesandBills; Regulations GoverningBook-Entry 31 CFRPart306,etal. Fiscal Service Treasury Department ofthe Part III 43625 43626 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

DEPARTMENT OF THE TREASURY TRADES in the Code of Federal choice of law rule had not adopted Regulations. This commentary can be Revised Article 8. Fiscal Service found in Appendix B. Commenters generally supported Comments from several persons Treasury’s conclusion that uniformity 31 CFR Part 357 overlapped and those comments was important for the market and [Department of the Treasury Circular, Public addressed three general areas: investors in Treasury securities. In Debt Series, No. 2±86] (1) The scope of federal preemption addition commenters were supportive of and related issues involving state the use of Revised Article 8 to achieve Regulations Governing Book-Entry variations on Revised Article 8 of the this uniformity. Three different Treasury Bonds, Notes and Bills UCC as well as Treasury procedures and questions, however, were raised about AGENCY: Bureau of the Public Debt, notice regarding acceptance of state the manner in which Treasury achieved Fiscal Service, Treasury. enactments of Revised Article 8; uniformity and used Revised Article 8. (2) Coordination as to timeframes and ACTION: Final rule. notices to facilitate revision and A. Federal Preemption SUMMARY: The Department of the issuance of parallel rules for book-entry First, 5 commenters questioned Treasury is publishing a final rule that, securities of Government Sponsored whether §§ 357.10(c) and 357.11(d) were on and after the effective date, will Enterprises (GSEs) to conform to the intended to be a complete or limited govern Treasury bonds, notes, and bills final TRADES rule; and preemption of a state’s law if the state (Treasury securities) in book-entry form (3) The need for further explanation had not adopted Revised Article 8. As held in the commercial book-entry and clarification, especially the set forth in the March 4 release, the system. The rule incorporates recent inclusion of hypotheticals, to illustrate preemption in TRADES is limited. See and significant changes in commercial how TRADES will apply to a variety of the commentary in Appendix B. In law addressing the holdings of transaction scenarios of varying order to clarify this issue, Treasury has securities in book-entry form through complexity, including the application of adopted language in both §§ 357.10(c) financial intermediaries. The rule the federal law to transactions involving and 357.11(d) suggested by a commenter replaces existing Treasury regulations clearing banks. to make the limited nature of the that contain outdated legal concepts. II. General Comment Discussion preemption clearer. This language EFFECTIVE DATE: January 1, 1997. The In the March 4 proposal, Treasury set provides that, if a state has not adopted incorporation by reference of certain Revised Article 8, that state’s laws shall publications listed in the regulations is forth its conclusion that, because of the size and importance of the Treasury be viewed as though that state had approved by the Director of the Federal adopted Revised Article 8. Register as of January 1, 1997. market, uniformity of treatment of holders of interests in Treasury Second, 4 commenters noted that FOR FURTHER INFORMATION CONTACT: securities was essential. In addition, while in the discussion section of the Walter T. Eccard, Chief Counsel (202) Treasury set forth in some detail the March 4 release Treasury stated that 219–3320, or Cynthia E. Reese, Deputy reasons it had concluded that Revised minor variations made by a state in Chief Counsel, (202) 219–3320. Copies Article 8 was an appropriate vehicle to adopting Revised Article 8 would not of the final rule are being made use to obtain that uniformity. As of affect Treasury’s conclusion that a state available for downloading from the March 4, 13 states had adopted Revised had adopted Revised Article 8, the Bureau of the Public Debt home page at Article 8. As of the date of this release language of the proposed rule had no the following address: 28 states 1 have adopted Revised Article similar qualification. Further, http:\\www.ustreas.gov/treasury/ 8 and it has been introduced in 4 commenters noted that while the bureaus/ pubdebt/pubdebt.html. additional states and the District of standard in the commentary seemed SUPPLEMENTARY INFORMATION: Columbia.2 This remarkable progress appropriate, determination of what constituted minor variations could be I. Background reflects strong support for the legal concepts set forth in Revised Article 8 difficult. In response to these comments, On March 4, 1996, the Department and supports Treasury’s decision to base and in an attempt to provide certainty, published a proposed rule that would TRADES on Revised Article 8, which is Treasury is taking the following actions. govern securities held in the incorporated by reference in this final Treasury has reviewed the form of commercial book-entry system, now rule. Revised Article 8 adopted by the 28 referred to as the Treasury/Reserve In the March 4 release, Treasury states 3 that have adopted Revised Automated Debt Entry System proposed achieving uniformity for Article 8 as of the date of this release (‘‘TRADES’’). 61 FR 8420. Eleven Treasury securities in two ways. First, and has concluded that the changes written comment letters were received Section 357.10(a) established a rule of made by these states indeed are minor. in response to that proposed rule. All Federal preemption in describing the Therefore, Treasury has concluded that but one of the comment letters were rights and obligations of Treasury and they all are substantially similar to very supportive of the proposed rule. the Federal Reserve Banks. Second, Revised Article 8. Accordingly, if either Most commenters recommended TRADES established a choice of law § 357.10(b) or 357.11(a) directs a person adoption of the proposed rule with rule that mandated use of Revised to one of these 28 states, the provisions various suggested clarifications. The Article 8 in the event the state of §§ 357.10(c) and 357.11(d) are not Department found the comments determined by the application of the applicable. In addition, as additional extremely useful in making the states adopt Revised Article 8, Treasury revisions described herein. Although 1 Alabama, Alaska, Arizona, Arkansas, Colorado, will, after review of the statute, publish some minor comments are not Idaho, Iowa, Illinois, Indiana, Kansas, Kentucky, in the Federal Register a notice setting addressed, all comments have been Louisiana, Maryland, Massachusetts, Minnesota, forth its conclusion as to whether considered in the formulation of this Mississippi, Nebraska, New Mexico, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Vermont, §§ 357.10(c) and 357.11(d) remain final rule. Virginia, Washington, West Virginia, Wyoming. applicable to those states. As indicated in the March 4 release, 2 California, District of Columbia, Hawaii, New Treasury will include commentary on York, Ohio. 3 See Note 1 supra. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43627

Third, a commenter raised a question C. Request for Hypotheticals order to avoid confusion, there was of what Treasury would do in the event Several commenters suggested that language in the commentary in the a state adopted Revised Article 8 and Treasury include in the Commentary to March 4 release that attempted to make then subsequently amended Revised the final regulations various it clear that the term ‘‘Security Article 8 in a fashion that resulted in an hypotheticals to illustrate the manner in Entitlement’’ has a special meaning in unsatisfactory lack of uniformity. which selected transactions would be TRADES. Additional language has been Treasury believes such an event is treated under the TRADES regulations. added to the commentary to clarify this unlikely. In addition, once Treasury has Initially, Treasury notes that Revised further. Due to Treasury’s obligation to announced its determination that a state Article 8 provides numerous pay a Participant (see § 357.13(b)), the interest of a Participant and a person has adopted Revised Article 8, the hypotheticals that explain the operation holding in TREASURY DIRECT are, in market is entitled to rely on that of Revised Article 8. Treasury has 4 practical terms, the same since both the decision. Nonetheless, if such an studied those hypotheticals carefully Participant and the person holding in unlikely event were to occur, Treasury and believes that they are very useful in TREASURY DIRECT have a direct claim has the authority to take the action that understanding Revised Article 8. In against the United States. would result in §§ 357.10(c) and light of those hypotheticals, and since 357.11(d) (or their equivalent) being One commenter proposed adding a TRADES is based, in large measure, on new defined term, ‘‘State,’’ and made reapplied. Any such action would be Revised Article 8, Treasury has published in the Federal Register. certain other drafting changes to the concluded that developing definitions. Those suggestions mainly B. Action With Respect to GSEs hypotheticals explaining the operation clarify the meaning intended by of Revised Article 8 is unnecessary. On Several commenters noted that market Treasury in the March release and were the other hand, TRADES does provide participants and practitioners were adopted. In adopting these drafting for an interaction of federal and state concerned about coordination among suggestions, Treasury concluded that a law. Since the results in a particular Treasury and other GSEs that issue new defined term, ‘‘Adverse Claim’’ was factual situation could depend on which book-entry securities. The assumption is needed. This definition is based on the law is applicable, Treasury has that the substance of any such definition of that term in Revised concluded that hypotheticals that regulations will be substantially Article 8. By adding this term, Treasury illustrate what law would apply in identical to the Treasury proposed rule. is able to adopt the suggestions that it different situations would be useful. Treasury is working with the GSEs and delete the general incorporation Accordingly, the Commentary contains their regulators toward the goal of reference in the definition section that hypotheticals to explain the interaction having the effective dates of all final appeared in the March release. Section of federal and state law. book-entry regulations timed to 357.2 is complete and reference to other coincide. One commenter specifically III. Other Comments definitions is unnecessary. One commenter found the language of suggested delaying the effective date of In addition to the general comments the final TRADES rule to provide § 357.10(b) unclear and proposed described above, Treasury received a drafting suggestions to clarify its sufficient lead time to GSE issuers. number of other comments. Many of Treasury understands the market’s meaning. Section 357.10(b) decribes the these included technical drafting law that governs security interests desire for simultaneous adoption of suggestions. book-entry rules substantially similar to granted to Federal Reserve Banks. The One commenter noted concerns with Commentary, and hypotheticals TRADES for GSEs. While adoption of the tiered nature of the commercial rules for GSEs is subject to the control included in the commentary, explain book-entry system and indicated that how § 357.10(b) works. In addition of the various GSEs and the entities that investors may not be aware of how the promulgate their rules, Treasury has Treasury has redrafted § 357.10(b) in commercial book-entry system works. order to make its meaning clearer. taken several steps to facilitate the Treasury agrees that it is important that simultaneous adoption of parallel GSE Several comments stated that investors understand the operation of § 357.11(c) should be modified to rules. These steps have included both the book-entry system and meetings with representatives of the conform to the choice of law rule in TRADES. The discussion in the March Section 9–103(6)(f) of Revised Article 8. GSEs and their regulators to inform 4 Proposed Rule was designed to them of the actions Treasury was taking Treasury agrees with this comment and promote that understanding. In has made changes to § 357.11(c). In with respect to TRADES and the addition, the inclusion of a commentary timetable for adoption of TRADES. particular, Treasury agrees that it is on TRADES in the Code of Federal appropriate to delete reference to Consistent with this supportive Regulations is another effort to promote approach, Treasury has determined that priority so that, as provided in an understanding of both TRADES and § 357.11(a)(5), the law of the Securities it will, at the request of the Federal the book-entry system. Furthermore, Farm Credit Banks Funding Intermediary’s jurisdiction governs on Treasury plans to continue its investor this issue. Corporation, delay the effectiveness of education efforts in the coming months. TRADES until January 1. That should One commenter questioned the use of Procedural Requirements permit sufficient time for rules similar the term ‘‘Security Entitlement’’ to This final rule does not meet the to TRADES to be in place for GSEs by describe the interest of a Participant in criteria for a ‘‘significant regulatory the effective date of TRADES. a Treasury book-entry security. The action’’ pursuant to Executive Order commenter noted that the term 12866. 4 One commenter noted that Article 9 is currently being revised, which could lead to the result that ‘‘Security Entitlement’’ is used in The notice and public comment a state could adopt different Article 9 provisions Revised Article 8 and its use in TRADES procedures requirements of the than are included in the Article 8 conforming to describe the interest of a Participant Administrative Procedure Act are amendments. Treasury does not anticipate that such could be confusing. Treasury considered inapplicable, pursuant to 5 U.S.C. an event would result in the need to reapply §§ 357.10(c) and 357.11(d). If that were necessary, using different terms to describe this 553(a)(2). Treasury would take the same action, after notice, interest but concluded that Security As no notice of proposed rulemaking as described herein. Entitlement was the most useful. In was required, the provisions of the 43628 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

Regulatory Flexibility Act (5 U.S.C. 601, ‘‘TRADES,’’ and §§ 357.42 and 357.44 partnership, trust, estate, representative et seq.) do not apply. and the revisions to § 357.41 are and any other similar organization, but There are no collections of effective January 1, 1997. All other does not mean or include the United information contained in this final rule. provisions in effect prior to January 1, States or a Federal Reserve Bank. Therefore, the Paperwork Reduction Act 1997, remain in effect. * * * * * does not apply. 3. Section 357.3 is redesignated Revised Article 8 means Uniform § 357.2, in the definition of ‘‘depository List of Subjects in 31 CFR Part 357 Commercial Code, Revised Article 8, institution’’ paragraphs (a) through (f) Investment Securities (with Conforming Bonds, Electronic funds transfer, are redesignated as paragraphs (1) and Miscellaneous Amendments to Federal Reserve System, Government through (6), the definition of ‘‘security Articles 1, 3, 4, 5, 9, and 10) 1994 securities, Incorporation by reference, interest and pledge’’ is removed, the Official Text. Revised Article 8 of the Securities. definitions of ‘‘Security’’ and Uniform Commercial Code is For the reasons set forth in the ‘‘TRADES’’ are revised, and the incorporated by reference in this Part preamble, title 31, chapter II, subchapter remaining definitions are added in pursuant to 5 U.S.C. 552(a) and 1 CFR B, part 357 is amended as follows: alphabetical order as follows: part 51. Article 8 was adopted by the American Law Institute and the PART 357Ð[AMENDED] § 357.2 Definitions. National Conference of Commissioners * * * * * 1. The authority citation for part 357 Adverse Claim means a claim that a On Uniform State Laws and approved continues to read as follows: claimant has a property interest in a by the American Bar Association on February 14, 1995. Copies of this Authority: 31 U.S.C. chapter 31; 5 U.S.C. Security and that it is a violation of the 301; 12 U.S.C. 391. rights of the claimant for another Person publication are available from the Executive Office of the American Law 2. Sections 357.0 and 357.1 are added to hold, transfer, or deal with the Security. Institute, 4025 Chestnut Street, to read as follows: Philadelphia, PA 19104, and the * * * * * § 357.0 Dual book-entry systems. National Conference of Commissioners Book-entry Security means, in subpart on Uniform State Laws, 676 North St. (a) Treasury securities shall be B of this part, a Treasury Security maintained in either of the following Clair Street, Suite 1700, Chicago, IL maintained in TRADES and, in subpart 60611. Copies are also available for two book-entry systems: C of this part, a Treasury Security (1) Treasury/Reserve Automated Debt public inspection at the Department of maintained in TREASURY DIRECT. the Treasury Library, Room 5030, Main Entry System (TRADES). A Treasury * * * * * security is maintained in TRADES if it Treasury Building, 1500 Pennsylvania Entitlement Holder means a Person to Avenue, NW., Washington DC 20220, is credited by a Federal Reserve Bank to whose account an interest in a Book- a Participant’s Securities Account. See and at the Office of the Federal Register, entry Security is credited on the records 800 North Capitol Street, NW., Suite subpart B of this part for rules of a Securities Intermediary. pertaining to TRADES. 700, Washington DC. (2) TREASURY DIRECT Book-entry * * * * * Securities Intermediary means: Federal Reserve Bank Operating Securities System (TREASURY (1) A Person that is registered as a Circular means the publication issued DIRECT). A Treasury security is ‘‘clearing agency’’ under the federal by each Federal Reserve Bank that sets maintained in TREASURY DIRECT if it securities laws; a Federal Reserve Bank; forth the terms and conditions under is credited to a TREASURY DIRECT any other person that provides clearance which the Reserve Bank maintains account as described in § 357.20. Such or settlement services with respect to a Book-entry Securities accounts and accounts may be accessed by investors Book-entry Security that would require transfers Book-entry Securities. in accordance with subpart C of this it to register as a clearing agency under part through any Federal Reserve Bank * * * * * the federal securities laws but for an or the Bureau of the Public Debt. See Funds Account means a reserve and/ exclusion or exemption from the subpart C of this part for rules or clearing account at a Federal Reserve registration requirement, if its activities pertaining to TREASURY DIRECT. Bank to which debits or credits are as a clearing corporation, including (b) A Treasury security eligible to be posted for transfers against payment, promulgation of rules, are subject to maintained in TREASURY DIRECT book-entry securities transaction fees, or regulation by a federal or state under the terms of its offering circular principal and interest payments. governmental authority; or or pursuant to notice published by the * * * * * (2) A Person (other than an Secretary may be transferred to or from Issue means a group of securities, as individual, unless such individual is an account in TRADES from or to an defined in this section, that is identified registered as a broker or dealer under account in TREASURY DIRECT in by the same CUSIP (Committee on the federal securities laws) including a accordance with § 357.22(a). Uniform Securities Identification bank or broker, that in the ordinary Practices) number. course of its business maintains § 357.1 Effective date. * * * * * securities accounts for others and is Subpart B of this Part, the definitions Participant means a Person that acting in that capacity. of ‘‘Adverse Claim,’’ ‘‘Book-entry maintains a Participant’s Securities Security means a bill, note, or bond, Security,’’ ‘‘Entitlement Holder,’’ Account with a Federal Reserve Bank. each as defined in this section. It also ‘‘Federal Reserve Bank Operating Participant’s Securities Account means any other obligation issued by Circular,’’ ‘‘Funds Account,’’ ‘‘Issue,’’ means an account in the name of a the Department that, by the terms of the ‘‘Participant,’’ ‘‘Participant’s Securities Participant at a Federal Reserve Bank to applicable offering circular or Account,’’ ‘‘Person,’’ ‘‘Revised Article which Book-entry Securities held for a announcement, is made subject to this 8,’’ ‘‘Securities Intermediary,’’ ‘‘Security Participant are or may be credited. part. Solely for purposes of this part, it Entitlement,’’ ‘‘State,’’ and ‘‘Transfer Person means and includes an also means: Message’’ and revisions to the individual, corporation, company, (1) The interest and principal definitions of ‘‘Security’’ and governmental entity, association, firm, components of a security eligible for Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43629

Separate Trading of Registered Interest obligations of the United States and the interest therein from an Entitlement and Principal of Securities (‘‘STRIPS’’), Federal Reserve Banks with respect to: Holder; and if such security has been divided into A Book-entry Security or Security (5) Except as otherwise provided in such components as authorized by the Entitlement and the operation of the paragraph (c) of this section, the express terms of the offering circular Treasury book-entry system; and the perfection, effect of perfection or non- under which the security was issued rights of any Person, including a perfection and priority of a security and the components are maintained Participant, against the United States interest in a Security Entitlement. separately on the books of one or more and the Federal Reserve Banks with (b) The following rules determine a Federal Reserve Banks; and respect to: A Book-entry Security or ‘‘Securities Intermediary’s jurisdiction’’ (2) The interest coupons that have Security Entitlement and the operation for purposes of this section: been converted to book-entry form of the Treasury book-entry system; are (1) If an agreement between the under the Treasury’s Coupons Under governed solely by Treasury regulations, Securities Intermediary and its Book-Entry Safekeeping Program including the regulations of this Part, Entitlement Holder specifies that it is (‘‘CUBES’’), pursuant to agreement and the applicable offering circular (which governed by the law of a particular the regulations in 31 CFR part 358. is 31 CFR part 356, in the case of jurisdiction, that jurisdiction is the Security Entitlement means the rights securities issued on and after March 1, Securities Intermediary’s jurisdiction. and property interest of an Entitlement 1993), the announcement of the offering, (2) If an agreement between the Securities Intermediary and its Holder with respect to a Book-entry and Federal Reserve Bank Operating Entitlement Holder does not specify the Security. Circulars. governing law as provided in paragraph (b) A security interest in a Security * * * * * (b)(1) of this section, but expressly Entitlement that is in favor of Federal State means any State of the United specifies that the securities account is Reserve Bank from a Participant and States, the District of Columbia, Puerto maintained at an office in a particular that is not recorded on the books of a Rico, the Virgin Islands, or any other jurisdiction, that jurisdiction is the Federal Reserve Bank pursuant to territory or possession of the United Securities Intermediary’s jurisdiction. States. § 357.12(c)(1), is governed by the law (3) If an agreement between the * * * * * (not including the conflict-of-law rules) Securities Intermediary and its TRADES is the Treasury/Reserve of the jurisdiction where the head office Entitlement Holder does not specify a Automated Debt Entry System, also of the Federal Reserve Bank maintaining jurisdiction as provided in paragraph referred to as the commercial book-entry the Participant’s Securities Account is (b)(1) or (b)(2) of this section, the system. located. A security interest in a Security Securities Intermediary’s jurisdiction is Entitlement that is in favor of a Federal * * * * * the jurisdiction in which is located the Reserve Bank from a Person that is not Transfer Message means an office identified in an account statement a Participant, and that is not recorded instruction of a Participant to a Federal as the office serving the Entitlement on the books of a Federal Reserve Bank Reserve Bank to effect a transfer of a Holder’s account. pursuant to § 357.12(c)(1), is governed Book-entry Security maintained in (4) If an agreement between the by the law determined in the manner TRADES, as set forth in Federal Reserve Securities Intermediary and its specified in § 357.11. Bank Operating Circulars. Entitlement Holder does not specify a (c) If the jurisdiction specified in the jurisdiction as provided in paragraph * * * * * first sentence of paragraph (b) of this 4. Subpart B, consisting of §§ 357.10 (b)(1) or (b)(2) of this section and an section is a State that has not adopted account statement does not identify an through 357.14, is added to read as Revised Article 8 (incorporated by follows: office serving the Entitlement Holder’s reference, see § 357.2) then the law account as provided in paragraph (b)(3) Subpart BÐTreasury/Reserve specified in paragraph (b) of this section of this section, the Securities Automated Debt Entry System shall be the law of that State as though Intermediary’s jurisdiction is the (TRADES) Revised Article 8 had been adopted by jurisdiction in which is located the chief that State. executive office of the Securities § 357.10 Law governing rights and § 357.11 Law governing other interests. Intermediary. obligations of United States and Federal (c) Notwithstanding the general rule Reserve Banks; rights of any Person (a) To the extent not inconsistent with in paragraph (a)(5) of this section, the against United States and Federal these regulations, the law (not including law (but not the conflict-of-law rules) of Reserve Banks. the conflict-of-law rules) of a Securities the jurisdiction in which the Person § 357.11 Law governing other interests. Intermediary’s jurisdiction governs: § 357.12 Creation of ‘‘Participant’s Security creating a security interest is located Entitlement; security interests. (1) The acquisition of a Security governs whether and how the security § 357.13 Obligations of United States; no Entitlement from the Securities interest may be perfected automatically Adverse Claims. Intermediary; or by filing a financing statement. § 357.14 Authority of Federal Reserve (2) The rights and duties of the (d) If the jurisdiction specified in Banks. Securities Intermediary and Entitlement paragraph (b) of this section is a State Holder arising out of a Security that has not adopted Revised Article 8 Subpart BÐTreasury/Reserve Entitlement; (incorporated by reference, see § 357.2), Automated Debt Entry System (3) Whether the Securities then the law for the matters specified in (TRADES) Intermediary owes any duties to an paragraph (a) of this section shall be the § 357.10 Law governing rights and adverse claimant to a Security law of that State as though Revised obligations of United States and Federal Entitlement; Article 8 had been adopted by that Reserve Banks; rights of any Person (4) Whether an Adverse Claim can be State. For purposes of the application of against United States and Federal Reserve asserted against a Person who acquires the matters specified in paragraph (a) of Banks. a Security Entitlement from the this section, the Federal Reserve Bank (a) Except as provided in paragraph Securities Intermediary or a Person who maintaining the Securities Account is a (b) of this section, the rights and purchases a Security Entitlement or clearing corporation, and the 43630 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

Participant’s interest in a Book-entry security interest in favor of a Federal Account at the Bank or otherwise Security is a Security Entitlement. Reserve Bank, may be perfected by any paying such principal and interest as method by which a security interest directed by the Participant. No action by § 357.12 Creation of Participant's Security may be perfected under applicable law the Participant is required in connection Entitlement; security interests. as described in § 357.10(b) or § 357.11. with the redemption of a Book-entry (a) A Participant’s Security The perfection, effect of perfection or Security. Entitlement is created when a Federal non-perfection and priority of a security Reserve Bank indicates by book entry interest are governed by that applicable § 357.14 Authority of Federal Reserve that a Book-entry Security has been law. A security interest in favor of a Banks. credited to a Participant’s Securities Federal Reserve Bank shall be treated as (a) Each Federal Reserve Bank is Account. a security interest in favor of a clearing hereby authorized as fiscal agent of the (b) A security interest in a Security corporation in all respects under that United States to perform functions with Entitlement of a Participant in favor of law, including with respect to the effect respect to the issuance of Book-entry the United States to secure deposits of of perfection and priority of the security Securities offered and sold by the public money, including without interest. A Federal Reserve Bank Department to which this Subpart limitation deposits to the Treasury tax Operating Circular shall be treated as a applies, in accordance with the terms of and loan accounts, or other security rule adopted by a clearing corporation the applicable offering circular and with interest in favor of the United States that for such purposes. procedures established by the is required by Federal statute, Department; to service and maintain regulation, or agreement, and that is § 357.13 Obligations of the United States; Book-entry Securities in accounts marked on the books of a Federal no Adverse Claims. established for such purposes; to make Reserve Bank is thereby effected and (a) Except in the case of a security payments of principal and interest, as perfected, and has priority over any interest in favor of the United States or directed by the Department; to effect other interest in the securities. Where a a Federal Reserve Bank or otherwise as transfer of Book-entry Securities security interest in favor of the United provided in § 357.12(c)(1), for the between Participants’ Securities States in a Security Entitlement of a purposes of this subpart B, the United Accounts as directed by the Participant is marked on the books of a States and the Federal Reserve Banks Participants; and to perform such other Federal Reserve Bank, such Reserve shall treat the Participant to whose duties as fiscal agent as may be Bank may rely, and is protected in Securities Account an interest in a requested by the Department. relying, exclusively on the order of an Book-entry Security has been credited (b) Each Federal Reserve Bank may authorized representative of the United as the person exclusively entitled to issue Operating Circulars not States directing the transfer of the issue a Transfer Message, to receive inconsistent with this Part, governing security. For purposes of this paragraph, interest and other payments with the details of its handling of Book-entry an ‘‘authorized representative of the respect thereof and otherwise to Securities, Security Entitlements, and United States’’ is the official designated exercise all the rights and powers with the operation of the book-entry system in the applicable regulations or respect to the Security, notwithstanding under this Part. agreement to which a Federal Reserve any information or notice to the 5. In subpart D, § 357.41 is revised Bank is a party, governing the security contrary. Neither the Federal Reserve and the text of §§ 357.42 and 357.44 are interest. Banks nor Treasury is liable to a Person added, to read as follows: (c) (1) The United States and the asserting or having an Adverse Claim to Federal Reserve Banks have no a Security Entitlement or to a Book- Subpart DÐAdditional Provisions obligation to agree to act on behalf of entry Security in a Participant’s any Person or to recognize the interest Securities Account, including any such § 357.41 Waiver of regulations. of any transferee of a security interest or claim arising as a result of the transfer The Secretary reserves the right, in other limited interest in favor of any or disposition of a Book-entry Security the Secretary’s discretion, to waive any Person except to the extent of any by a Federal Reserve Bank pursuant to provision(s) of these regulations in any specific requirement of Federal law or a Transfer Message that the Federal case or class of cases for the regulation or to the extent set forth in Reserve Bank reasonably believes to be convenience of the United States or in any specific agreement with the Federal genuine. order to relieve any person(s) of Reserve Bank on whose books the (b) The obligation of the United States unnecessary hardship, if such action is interest of the Participant is recorded. to make payments of interest and not inconsistent with law, does not To the extent required by such law or principal with respect to Book-entry adversely affect any substantial existing regulation or set forth in an agreement Securities is discharged at the time rights, and the Secretary is satisfied that with a Federal Reserve Bank, or the payment in the appropriate amount is such action will not subject the United Federal Reserve Bank Operating made as follows: States to any substantial expense or Circular, a security interest in a Security (1) Interest on Book-entry Securities is liability. Entitlement that is in favor of a Federal either credited by a Federal Reserve Reserve Bank or a Person may be Bank to a Funds Account maintained at § 357.42 Liability of Department and created and perfected by a Federal the Bank or otherwise paid as directed Federal Reserve Banks. Reserve Bank marking its books to by the Participant. The Department and the Federal record the security interest. Except as (2) Book-entry Securities are Reserve Banks may rely on the provided in paragraph (b) of this redeemed in accordance with their information provided in a tender, section, a security interest in a Security terms by a Federal Reserve Bank transaction request form, or Transfer Entitlement marked on the books of a withdrawing the securities from the Message, and are not required to verify Federal Reserve Bank shall have priority Participant’s Securities Account in the information. The Department and over any other interest in the securities. which they are maintained and by either the Federal Reserve Banks shall not be (2) In addition to the method crediting the amount of the redemption liable for any action taken in accordance provided in paragraph (c)(1) of this proceeds, including both principal and with the information set out in a tender, section, a security interest, including a interest, where applicable, to a Funds transaction request form, or Transfer Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43631

Message, or evidence submitted in beneficial owners hold their interests through interest in a Treasury book-entry security. support thereof. one or more Securities Intermediaries such as For example, state laws regarding divorce or banks, brokerage firms or securities clearing intestate succession could well affect which § 357.44 Notice of attachment for organizations. persons have rights in the interest in a securities in TRADES. In TRADES, the rights of non-Participant Treasury book-entry security. Moreover, the The interest of a debtor in a Security beneficial owners may be exercised only regulations deal with certain aspects of Entitlement may be reached by a through their Securities Intermediaries. transactions in Treasury securities, such as Neither Treasury nor the Federal Reserve perfection of a security interest and its effects creditor only by legal process upon the Banks have any obligation to a non- and not other aspects, such as the contractual Securities Intermediary with whom the Participant beneficial owner of an interest in relationship between a debtor and its secured debtor’s securities account is a Treasury book-entry security. Two party, which are left to applicable law 3 See maintained, except where a Security examples illustrate this principle. First, the discussion under § 357.10 of the Section- Entitlement is maintained in the name except where a pledge has been recorded by-Section Analysis. directly on the books of a Federal Reserve of a secured party, in which case the Section-by-Section Analysis debtor’s interest may be reached by legal Bank pursuant to § 357.12(c)(1), Federal process upon the secured party. These Reserve Banks, as Treasury’s fiscal agents, Section 357.0 Dual Book-entry Systems will act only on instructions of the regulations do not purport to establish Section 357.0 sets forth that Treasury Participant in whose Securities Account the provides two systems for maintaining whether a Federal Reserve Bank is Treasury book-entry security is maintained in required to honor an order or other recording transfers of an interest in a Treasury book-entry securities— notice of attachment in any particular Treasury book-entry security. A beneficial TRADES and TREASURY DIRECT. case or class of cases. owner of the interest that is a non-Participant Subpart A of part 357 of 31 CFR 6. Appendix B to part 357 is added to has no ability to direct a transfer on the books contains general information about read as follows: of a Federal Reserve Bank. Second, Treasury TRADES and TREASURY DIRECT. discharges its payment obligation with Subpart B contains the TRADES Appendix B to Part 357—TRADES respect to a Treasury book-entry security regulations. Subpart C contains the Commentary when payment is credited to a Participant’s TREASURY DIRECT regulations. account or paid in accordance with the Introduction Participant’s instructions. Neither Treasury Subpart D contains miscellaneous The adoption of regulations for the nor a Federal Reserve Bank has any payment provisions. Thus, in its totality, Part 357 Treasury/Reserve Automated Debt Entry obligation to a non-Participant beneficial sets forth in one place the complete set System (‘‘TRADES’’) is the culmination of a owner of an interest in a Treasury book-entry of governing rules for Treasury multi-year Treasury process of moving from security. A non-Participant beneficial owner securities issued in book-entry form. issuing securities only in definitive receives its payment when its Securities Section 357.1 Effective Date (physical/certificated/paper) form to issuing Intermediary credits the owner’s account. securities exclusively in book-entry form. Persons holding Treasury book-entry Section 357.1 establishes the effective date The TRADES regulations provide the legal securities in TREASURY DIRECT, on the for TRADES. TRADES applies to outstanding framework for all commercially-maintained other hand, hold their securities accounts on securities formerly governed by 31 CFR part Treasury book-entry securities. For a more records maintained by Treasury through its 306, subpart O. Conforming changes to parts detailed explanation of the procedural and fiscal agents, the Federal Reserve Banks. The 306, 356, and 358 are being made to coincide legal development of book-entry and the primary characteristic of TREASURY DIRECT with the publication of TRADES in final TRADES regulations, see the preamble to the is a direct account relationship between the form. Consistent with the approach set forth rule proposed March 4, 1996 (61 FR 8420), beneficial owner of a Treasury book-entry in Revised Article 8 (see § 8–603 and the as well as the earlier proposals cited therein security and Treasury. In TREASURY official comment thereto), on and after the 51 FR 8846 (March 14, 1986); 51 FR 43027 DIRECT, Treasury discharges its payment effective date these regulations will apply to (November 28, 1986); 57 FR 12244 (April 9, obligation when payment is credited to the all transactions, including transactions 1992). depository institution specified by the commenced prior to the effective date. beneficial owner of the Treasury book-entry Revised Article 8, in Section 8–603, gave Comparison of TRADES and Treasury Direct security, paid directly to the beneficial owner secured parties four months after the A person may hold interests in Treasury by check, or paid in accordance with the effective date to take action to continue the book-entry securities either in TRADES 1 or beneficial owner’s instructions. Unlike perfection of their security interests. TREASURY DIRECT. The following TRADES, TREASURY DIRECT does not TRADES, through its delayed effectiveness, summarizes the major differences between provide a mechanism for the exchange of provides a similar period. In TRADES, the two systems. cash to settle a secondary market transaction, January 1, 1997, becomes the date by which Persons holding Treasury book-entry nor are pledges of Treasury book-entry such actions must be completed. securities in TRADES hold their interests in securities held in TREASURY DIRECT The effective date for TRADES is January such securities in a tiered system of generally recognized. Accordingly, 1, 1997. While TRADES is based in large part ownership accounts. In TRADES, Treasury, TREASURY DIRECT is suited for persons on Revised Article 8 that has received through its fiscal agents, the Federal Reserve who plan to hold their Treasury securities widespread attention in the financial Banks, recognizes the identity only of until maturity, and provides an alternative community and already has been adopted in Participants (persons with a direct account for investors who are concerned about relationship with a Federal Reserve Bank). holding securities through intermediaries 3 The regulations in 31 CFR 306.118(b), which are While Participants may be beneficial owners and who do not wish to hold their interests being supplanted by TRADES, state that ‘‘applicable of interests in Treasury book-entry securities, in Treasury securities indirectly in TRADES. law’’ covers how a transfer or pledge is ‘‘effected’’ there are many beneficial owners of such as well as perfected. Except with respect to security Scope of Regulation interests marked on the books of a Federal Reserve interests that are not Participants. Such Bank, TRADES does not address how a security Just as the scope of Revised Article 8 is interest in a Treasury book-entry security is created 1 In TRADES a Person’s interest in a Treasury limited,2 the scope of this regulation is or what law governs the creation of a security book-entry security is a Security Entitlement, as limited. It is not a comprehensive interest. Section 357.11(a) of TRADES, which described in TRADES. A Participant’s interest in a codification of the law governing securities, establishes the choice of law for interests other than marketable Treasury book-entry security also is a transactions in securities or the law of those covered by § 357.10, addresses the choice of Security Entitlement. A Participant’s Security contracts for the purchase or sale of law with respect to the perfection, effect of Entitlement is different than a Security Entitlement securities. Similarly, it is not a codification perfection or non-perfection, and priority of as described in Revised Article 8, with respect to security interests, but does not address the law the Participant’s rights against the issuer. A non- of all laws that could affect a person’s governing creation or attachment of a security Participant’s Security Entitlement is described in interest. This is consistent with the scope and Revised Article 8. 2 U.C.C. Revised Article 8, Prefatory Note at 12. choice of law provisions of Revised Article 8. 43632 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

28 states,4 Treasury has determined that (d) Security Entitlement offered pursuant to a uniform offering TRADES will be effective on January 1, 1997, A Security Entitlement is the interest that circular set forth at 31 CFR part 356. to ensure a smooth transition to TRADES. In an Entitlement Holder has in a Treasury While TRADES is based in large measure making that determination, Treasury has book-entry security. In the example, on Revised Article 8, a fundamental principle taken into account the time required by other Participant, Broker-Dealer and Individual of these regulations (and a divergence from Government-Sponsored Enterprises (GSEs) to Holder all hold Security Entitlements. The Revised Article 8) is that the obligations of promulgate similar regulations for their rights and property interests associated with the issuer (the United States) and the Federal securities. Such an effective date, when a Security Entitlement of a Participant held Reserve Banks, as well as all claims with combined with TRADES having been respect to TRADES or a Treasury book-entry on the books of a Federal Reserve Bank published in proposed form with a 60-day security against Treasury or a Federal (‘‘Participant’s Security Entitlement’’) are, comment period, should provide sufficient Reserve Bank, are governed solely by Federal time for an orderly transition to the new however, different from the rights and law. Thus, for example, those parts of TRADES rules. property interests associated with other Revised Article 8 that detail obligations of Security Entitlements. As provided in issuers (or their agents) of securities are not Section 357.2 Definitions § 357.10(a), Federal law defines the scope applicable to either the United States or Section 357.2 contains definitions for use and nature of a Participant’s Security Federal Reserve Banks.7 In addition, neither in subparts B and C. While most of the Entitlement. While TRADES is based in large the United States nor Federal Reserve Banks definitions are straightforward, four terms— part on Revised Article 8, the meaning of have any obligations to persons holding their Participant, Entitlement Holder, Security Security Entitlement under federal law is interests in a Treasury book-entry security at Entitlement and Securities Intermediary—are different than under Revised Article 8. For levels below the level of a Participant or to critical to an understanding of the proposed example, Participants have a direct claim any other person claiming an interest in a TRADES regulations. against the United States for interest and Treasury book-entry security (with the (a) Participant principal even though, under state law, an limited exception set out in § 357.12(c)(1)). A Participant is a person that has a Entitlement Holder would only have a claim Thus, there are no derivative rights against securities account relationship in its name against its Securities Intermediary for such either the United States or the Federal with a Federal Reserve Bank. Accordingly, payment. To the extent not inconsistent with Reserve Banks. the Federal Reserve Bank and Treasury know this regulation, the scope and nature of a In interpreting this section, it is important both the identity of the persons maintaining Security Entitlement of an Entitlement to note that the scope of TRADES, like that these accounts and the Treasury book-entry Holder below the level of a Participant, of Revised Article 8, is limited. Accordingly, securities held in these accounts. (Broker-dealer and Individual Holder in the the governing law set forth in § 357.10(a) is (b) Securities Intermediary example above), is defined by applicable applicable only to the matters set forth in Securities Intermediaries are persons (other § 357.10(a). Other laws remain applicable than individuals, except as described below) state law, as determined pursuant to § 357.11. It should also be noted that while a and could affect the holders of book-entry that are in the business of holding interests securities. in Treasury book-entry securities for others. Participant’s rights have Federal law components under § 357.10(a), the nature of For example, the tax treatment of Participants can be, and usually are, Securities Entitlements is outside the scope Securities Intermediaries. a Security Entitlement held by a lower tier intermediary on the books of a Participant is of TRADES and other law (the Federal In addition, entities such as clearing income tax code) is applicable in determined pursuant to applicable law as corporations, banks, brokers and dealers can determining such tax treatment. Similarly, provided in § 357.11. be Securities Intermediaries in a single chain nothing in § 357.10(a) limits the applicability of ownership of a Treasury security. An Section 357.10 Law Governing the United of other laws to matters such as whether the individual, unless registered as a broker or States and Reserve Banks activities of Participants or Securities dealer under the federal securities laws, Intermediaries with respect to interests in Section 357.10(a) provides that the rights cannot be a Securities Intermediary. As an Treasury book-entry securities are subject to and obligations of the United States and the illustration of a possible chain of ownership, banking or securities laws. in the following chart, the Federal Reserve Federal Reserve Banks (with one exception While TRADES in § 357.10(a) defines what Bank, Participant and Broker-Dealer are all detailed below), with respect to both the law governs the contract between the United Securities Intermediaries. TRADES system and Treasury book-entry States, as issuer, and the holder of a Security Treasury securities maintained in TRADES are Entitlement, it is not a complete statement of governed solely and exclusively by Federal the contract law applicable to the United Federal Reserve Bank law. Thus, claims against the United States States or Federal Reserve Banks. For | and Federal Reserve Banks of both example, if a Participant obtains a discount Participant Participants and all other persons with an window loan from a Federal Reserve Bank | interest (or claiming an interest) in a and agrees to pledge collateral, including Broker-Dealer Treasury book-entry security maintained in Treasury book-entry securities, to the Federal | TRADES are governed by Federal law. Reserve Bank as security for the loan, Individual Holder Federal law is defined to include TRADES, § 357.10(a) does not establish the law for (c) Entitlement Holder the offering circulars pursuant to which the determining the validity or enforceability of An Entitlement Holder is any person for Treasury securities are sold, the offering the contract or the law applicable to the whom a Securities Intermediary holds an announcements and Federal Reserve Bank creation and perfection of security interests 5 interest in a Treasury book-entry security. In Operating Circulars. Prior to March 1, 1993, in property that is not a Treasury book-entry the above example Individual Holder, the terms of each offering of Treasury security. Section 357.10(a) does provide the Broker-Dealer and Participant are all securities, except for Treasury bills were set law applicable for how a security interest in Entitlement Holders. Thus, a person can be forth in an offering circular published in the Treasury book-entry securities is perfected, both a Securities Intermediary and an Federal Register.6 Since March 1, 1993, all the priority of such interest and, if Entitlement Holder. See also the commentary Treasury book-entry securities have been § 357.12(c)(1) is applicable, how such on ‘‘Security Entitlement.’’ security interest is created. Similarly, nothing in § 357.10(a) affects the continuing 5 A ‘‘Federal Reserve Bank Operating Circular’’ is applicability or enforceability of Federal defined in § 357.2 as the publication issued by each Reserve Bank operating circulars such as the 4 As of August 1, 1996, those states are: Alabama, Federal Reserve Bank that sets forth the terms and Alaska, Arizona, Arkansas, Colorado, Idaho, conditions under which the Reserve Bank circular setting forth provisions regarding Illinois, Indiana, Iowa, Kansas, Kentucky, maintains Book-entry Securities Accounts and Louisiana, Maryland, Massachusetts, Minnesota, transfers Book-entry Securities. 7 The regulations in subpart C of this part set out Mississippi, Nebraska, New Mexico, Oklahoma, 6 Treasury bills were issued pursuant to one other obligations of the United States and the Oregon, Pennsylvania, Texas, Utah, Vermont, master offering circular (31 CFR part 349, removed, Federal Reserve Banks for securities held in Virginia, Washington, West Virginia and Wyoming. and replaced by 31 CFR part 356) effective March TREASURY DIRECT. These regulations preempt See discussion accompanying footnote 11. 1, 1993. (58 FR 412) applicable state law. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43633 electronic access to services provided by For purposes of applying the state law Revised Article 8 if the choice of law analysis Federal Reserve Banks and agreements chosen under the rules of § 357.10(b), Federal required by § 357.11(b) results in the choice executed in connection with such circulars. Reserve Banks are treated as clearing of the law of a State that has not yet adopted The law applicable with respect to corporations. As a result, a security interest Revised Article 8. As noted elsewhere, in interests granted to a Federal Reserve Bank in a Securities Entitlement of a Participant in such a situation, the State’s law is viewed as depends on the manner in which the security favor of a Federal Reserve Bank under if it had adopted Revised Article 8. This interest is granted. § 357.12(c)(2) has the same priority as section also provides that, for purposes of Where a security interest in favor of a security interests granted to other clearing applying state law, the Federal Reserve Banks Federal Reserve Bank is marked on the books corporations under state law. This is are clearing corporations and Participants’ of the Federal Reserve Bank under Section consistent with the treatment accorded to interests in book-entry securities are Security 357.12(c)(1), § 357.10(a) establishes the Federal Reserve Banks generally under Entitlements. applicable law. A security interest in favor of Revised Article 8. (b) Limited Scope of Federal Preemption a Federal Reserve Bank would be recorded on Section 357.11 Law Governing Other In an earlier TRADES proposal Treasury the Federal Reserve Bank’s books where, for Interests example, the Federal Reserve Bank made a contemplated adopting a comprehensive discount window loan to a depository (a) Law Governing the Rights and Obligation regulation governing the rights of all persons institution and any Treasury book-entry of Participants and Third Parties in Treasury book-entry securities held in securities provided by the depository Section 357.11 is a choice of law rule. The TRADES. Such an approach was proposed institution as collateral have been deposited substantive matters subject to this choice of because Treasury believed that a uniform to a pledge account on the books of the law rule are set forth in § 357.11(a). The rule was necessary to preserve the efficiency Federal Reserve Bank. For a borrowing matters set forth in § 357.11(a) are meant to and liquidity of the market for Treasury depository institution that is not a be coextensive with those matters covered by securities—the most liquid and efficient Participant, the book-entry securities used as Revised Article 8 with respect to a person’s market in the world. Treasury believed then, collateral generally would be deposited to the interest in a Treasury book-entry security and believes now, that the material rights of Federal Reserve Bank pledge account by the (other than those related to a person’s a holder in the United States of an interest borrowing institution’s Securities relationship to Treasury or a Federal Reserve in a Treasury security should not vary solely Intermediary. See Hypothetical 5. Bank which are governed solely by federal by virtue of such holder’s geographic location Section 357.10(b) sets forth law applicable law). For purposes of these choice of law or the location of the financial institution with respect to security interests in favor of rules Participants are Securities through which it holds its interest in a Federal Reserve Bank that have not been Intermediaries. Treasury securities. In light of Revised marked on the books of a Federal Reserve Section 357.11(b) adopts Revised Article Article 8, Treasury has determined that it is Bank. A security interest in the Securities 8’s general choice of law rule. Section possible to achieve this uniformity without Entitlement of a Participant in favor of a 357.11(c) sets forth a special choice of law developing an independent system of Federal Federal Reserve Bank that is not marked on rule with respect to security interests commercial law.9 The questions inherent in the books of the Federal Reserve Bank is perfected automatically or by filing, which a tiered system of ownership have been governed by the law of the state in which the also is included in Revised Article 8. analyzed, and, in Treasury’s view, head office of the Federal Reserve Bank is Generally, the law applicable to the satisfactorily addressed by Revised Article 8. located. Such a security interest could arise, Securities Intermediary will govern matters As of August 1, 1996, 28 states have for example, where the delivery of book-entry involving an interest in a book-entry security adopted Revised Article 8 and Treasury securities to the securities account of the held through that intermediary. This understands that it will soon be adopted in Participant results in an overdraft in the approach is not followed with respect to additional states. As with all uniform laws, Participant’s Funds Account. The extent to perfection of security interests automatically the adoption process takes several years. In which the Federal Reserve Bank has an or by filing. In those cases, the law of the order to assure uniformity, in light of the interest in the Participant’s book-entry jurisdiction in which the debtor is located is unavoidable delays in the state-by-state securities to secure the overdraft therefore the governing law. Since filing systems are adoption process of Revised Article 8, would be determined under the law of the based on the location of the debtor, this Treasury is promulgating regulations with a state in which the Reserve Bank’s head office approach should reduce uncertainty and limited form of preemption. As provided in is located. If the State in which the head preserve the normal practice of searching both §§ 357.10(c) and 357.11(d), if the choice office of the Federal Reserve Bank is located records based on the debtor’s location.9 The of law rules set forth in TRADES would lead has not adopted Revised Article 8, under language ‘‘person creating a security interest’’ to the application of the law of a State that § 357.10(c) that State is deemed to have is used in lieu of the term ‘‘debtor’’ in this has not yet adopted Revised Article 8, adopted Revised Article 8. provision to avoid any confusion. The word TRADES will apply Revised Article 8 (with In certain very limited circumstances, a ‘‘debtor’’ has two meanings in the Uniform conforming and miscellaneous amendments Federal Reserve Bank also may have a Commercial Code and the expression to other Articles) in the form approved by the security interest in the book-entry securities ‘‘person creating a security interest’’ provides ALI and NCCUSL. Treasury expects that of a non-Participant that is not marked on the clarity with respect to who is covered by this these provisions will be operative only books of the Federal Reserve Bank. Section section. The term does not refer to a creditor. during the state-by-state adoption process 357.10(b) provides a separate rule for such a The language ‘‘is located’’ is intended to and would plan to amend TRADES to delete security interest, which would be governed conform to its meaning under applicable law, reference to these provisions once the by the law of the non-Participant’s Securities as it may be amended from time to time. See, adoption process has been completed. Intermediary, as determined under § 357.11. e.g., U.C.C. section 9–103(3)(d). Section While Revised Article 8 is defined to mean Under § 357.11, the perfection, effect of 357.11(d) provides for the application of the official text of Article 8 as approved by perfection, and priority of a security interest the ALI and NCCUSL, Treasury recognizes created under such an agreement would be non-Participant depository institution and enters that states may make minor changes in that governed by the law of the Securities into a triparty agreement with the depository text when adopting Article 8. Treasury has Intermediary’s jurisdiction, as determined institution and its Securities Intermediary rather concluded that minor changes should not under § 357.11(b). Under § 357.11(d), if the than requiring the deposit of the book-entry prevent Revised Article 8, as adopted by a jurisdiction specified in § 357.11(b) has not securities in a pledge account on the books of the state, from being the appropriate law. In adopted Revised Article 8, jurisdiction would Federal Reserve Bank through an instruction given other words, if a state passes a version of by the non-Participant depository institution to its Article 8 that is substantially identical to be deemed to have adopted Revised Article Securities Intermediary. 8 Revised Article 8, reference to Revised 8. 9 The substantive effect of filing is limited and Article 8 (as defined) would no longer be applies only in states which have adopted Revised 8 An interest in book-entry securities of a non- Article 8. Since the effect of filing is a unique state required. Treasury has determined that the Participant that is not marked on the books of the law matter, in this one area, Treasury has Federal Reserve Bank, while uncommon, could determined that possible lack of uniformity does 9 As noted previously, the substantive scope of arise where the Federal Reserve Bank lends to a not justify altering state law. this regulation is limited. 43634 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations versions of Article 8 passed by 28 states 10 eliminating that Participant’s Security over all other interests in the Treasury book- that have enacted Article 8 as of the date this Entitlement). In addition, if authorized under entry security except an interest of the rule is published in the Federal Register applicable state law, Participants may enter United States. meet this standard. Accordingly, §§ 357.10(c) into agreements with other Participants that, (iii) Other Security Interests. As provided and 357.11(d) would not be applicable if the as to the Participants, constitute a transfer. in § 357.12(c)(2), a security interest in a book- choice of law provisions of TRADES directed Such action is without effect to either the entry security may be perfected by any a person to one of those states. As additional United States or a Federal Reserve Bank. method available under applicable state law, states adopt Revised Article 8, Treasury will (b) Creation and Priority of a Security Interest as determined under § 357.10(b) or provide notice in the Federal Register as to § 357.11.12 The perfection and priority of whether the enactments are ‘‘substantially (i) Security Interests of the United States. such interests shall be governed by identical’’ to the uniform version for Section 357.12(b) provides that a security applicable law. Security interests under this interest in favor of the United States has purposes of these regulations and on an section may include security interests in priority over the interests of any other person annual basis, the Commentary will be favor of a Federal Reserve Bank, such as a in a Treasury book-entry security. The United amended to reflect subsequent enactments. clearing lien or pledge by a non-participant States obtains security interests in Treasury This approach represents a significantly of book-entry securities held through a securities as collateral to secure funds in a reduced form of preemption of state law from Securities Intermediary where the securities variety of situations such as Treasury Tax former versions of TRADES and preserves have not been deposited to a Federal Reserve and Loan accounts; government agency funds Treasury’s preeminent interest in a uniform Bank pledge account. Consistent with or funds under the control of the Federal system of rules applicable to all holders of Revised Article 8, a Federal Reserve Bank Courts held at financial institutions; and interests in Treasury book-entry securities. would be treated as a clearing corporation securities pledged in lieu of surety by under the applicable state law. Section 357.12 Obtaining an Interest in a contractors and others. The priority provided If a Person perfects a security interest Book-entry Security the United States in these situations is pursuant to § 357.12(c)(2), obligations of the consistent with existing law. (a) Creation of a Participant’s Security Treasury and the Federal Reserve Banks with In addition, Federal Reserve Banks do Entitlement respect to that security interest are limited. recognize on their books and records security Specifically, unless special arrangements are A Participant’s interest in a Treasury book- interests in favor of the United States. In that agreed to by the United States or a Federal entry security is a Securities Entitlement. situation, the Federal Reserve Bank will not Reserve Bank pursuant to § 357.12(c)(1), Section 357.12(a) provides that a transfer the security without the permission neither the Federal Reserve Bank nor the Participant’s Securities Entitlement is created of the United States. This section provides United States will recognize the interests of when a Federal Reserve Bank indicates by that a Federal Reserve Bank may rely any person other than the person in whose book entry that a Book-entry Security has exclusively on the directions of an securities account the interest in a Treasury been credited to a Participant’s Securities authorized representative of the United book-entry security is maintained. This does Account. Instead of the concept of initial States to transfer a security and is protected not mean that such a security interest is credit and transfer of a Treasury book-entry in so relying. Ordinarily, an authorized invalid. Rather, it means that the creditor’s security, as set forth in the existing representative of the United States would recourse will be solely against the debtor regulations, this proposal focuses on the take such action under circumstances such as Participant or other third party. creation of a Participant’s Securities the default or insolvency of the pledgor. Entitlement and, in this way, is similar to (ii) Security Interests on the Books of a Section 357.13 Rights and Obligations of Section 8–501 of Revised Article 8. Reserve Bank. Where required by Federal law Treasury and the Reserve Banks The regulation focuses on the creation of or regulation or pursuant to a specific (a) Adverse Claims a Participant’s Security Entitlement because agreement with a Federal Reserve Bank, a Section 357.13(a) sets forth the general rule Security Entitlement is the term used to security interest in favor of a Federal Reserve that, with limited exceptions, Treasury and describe the Participant’s interest in a Bank or other person may be created or the Federal Reserve Banks will recognize Treasury book-entry security. Once a perfected by a Federal Reserve Bank marking only the interest of a Participant in a Participant obtains that interest, the its books to record the security interest under Treasury book-entry security in whose regulation sets forth what that interest is. § 357.12(c)(1). An example of a security Securities Account such interest is Thus, as provided in § 357.10, federal law interest that is marked on the books of a maintained. describes a Participant’s rights against the Federal Reserve Bank would be the pledge in As noted previously, Treasury book-entry United States and the Federal Reserve Bank favor of a Federal Reserve Bank of a securities maintained in TRADES are held in where it maintains its Securities Account. To Participant’s book-entry securities as a tiered system of ownership. The records of the extent not inconsistent with § 357.10, collateral for a discount window loan.11 For a Federal Reserve Bank reflect only the § 357.11 describes the applicable law to limited categories of pledges, Federal Reserve ownership at the top tier. Institutions determine Participants’ rights and obligations Banks may agree to record a security interest maintaining a Securities Account with a with respect to all other persons. Under these in favor of a third party on their books. For Federal Reserve Bank frequently will hold regulations, Participants can still transfer example, in some circumstances a Federal interests in Treasury book-entry securities for their interests in a Treasury book-entry Reserve Bank may permit the establishment their customers (which can include broker- security as they did before—by issuing a of a pledge account to hold book-entry dealers and other Securities Intermediaries) Transfer Message to the Federal Reserve Bank securities pledged to governmental entities and in certain cases those customers will where they hold such interest. Transfer of other than the United States government. It hold interests in securities for their interests between Participants can occur by a is important to note that there is no customers. Accordingly, neither Treasury nor Participant holding such interest issuing a obligation for either Treasury or a Federal a Federal Reserve Bank will know the Transfer Message. As a result of such Reserve Bank to agree to record a security identity or recognize a claim of a message, the Federal Reserve Bank will make interest on the books of a Federal Reserve Participant’s customer if that customer were a book entry in favor of the receiving Bank, except as required by Federal law or to present it to Treasury or a Federal Reserve Participant (thereby creating a Security regulation. If they do so, the security interest Bank. Entitlement in favor of such Participant) and is perfected when the Federal Reserve Bank In addition, except in the limited case also will make a book entry deleting the records a security interest on its books. In where a security interest is marked on the initiator Participant’s interest in such addition, the security interest has priority books of a Federal Reserve Bank pursuant to Treasury book-entry security (thereby § 357.12(c)(1), neither the Treasury nor a Federal Reserve Bank will recognize the 11 Book-entry securities pledged by a non- 10 Alabama, Alaska, Arizona, Arkansas, Colorado, Participant to a Federal Reserve Bank generally claims of any other person asserting a claim Idaho, Iowa, Illinois, Indiana, Kansas, Kentucky, would be deposited by the non-Participant’s Louisiana, Maryland, Massachusetts, Minnesota, Securities Intermediary to a pledge account at the 12 Under both of these sections, if the state has not Mississippi, Nebraska, New Mexico, Oklahoma, Federal Reserve Bank, and therefore also would be yet adopted Revised Article 8, the applicable law Oregon, Pennsylvania, Texas, Utah, Vermont, marked on the books of the Federal Reserve Bank. would be that state’s law as it would be amended Virginia, Washington, West Virginia, Wyoming. See the discussion under D. (§ 357.10). by Revised Article 8. Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43635 in a Treasury book-entry security. Persons at and obligations of the United States and the cash payment. Dealer B will instruct levels below the Participant level must Federal Reserve Banks (except for those Participant B to transfer cash to Participant present their claims to their Securities matters involving Federal Reserve Banks set A against delivery of an interest in the Intermediary. forth in § 357.10(b)). Thus, for example, specified securities. Participant A will (b) Payment obligations Treasury discharges its payment obligations instruct the Federal Reserve Bank to transfer with respect to a security it has issued in the Section 357.13(b) contains a corollary to its interest in the Treasury security to manner described in § 357.13(b). Federal law Participant B against simultaneous credit of the rule set forth in § 357.13(a). This section both defines the payment obligation and provides that Treasury discharges its cash. The Federal Reserve Bank will debit describes how Treasury fulfills that Participant A’s security account and credit payment responsibility with respect to a obligation. Those portions of Revised Article security that it has issued when a Federal Participant B’s security account and 8 dealing with issuer obligations are not simultaneously credit Participant A’s cash Reserve Bank credits the funds account of a applicable to Treasury or the Federal Reserve account and debit Participant B’s cash Participant with amounts due on that Banks.14 Similarly, with certain limited security or makes payment in some other exceptions as set forth in § 357.12(c)(1), account. Participant A will mark its books to manner specified by the Participant. This is Treasury and the Federal Reserve Banks will show that it has debited Dealer A’s securities consistent with existing law and the first recognize only the interest of a Participant in account and credited Dealer A’s cash 13 TRADES proposal. In Revised Article 8, the a Treasury book-entry security in whose account. Participant B will mark its books to issuer discharges its obligations when it Security Account the interest is maintained. show the Security Entitlement in the makes payment to an owner registered on its Accordingly, as a matter of federal law, Treasury security in favor of Dealer B and a books. Under common commercial practice, neither Treasury nor a Federal Reserve Bank debit against Dealer B’s cash account. Federal the registered owner in the indirect system will recognize any claim by Dealer or law, set forth in § 357.12(a) provides that may be a clearing corporation or the clearing Investor.15 Participant B acquires its interest in the corporation’s nominee. Although the Federal In the hypothetical above, as between Treasury book-entry security when the Reserve Banks are treated as clearing Participant and Dealer, Participant is the Federal Reserve Bank indicates by book-entry corporations under both Revised Article 8 Securities Intermediary. With respect to the that the interest in the security has been and TRADES, Treasury remains liable until matters set forth in § 357.11(a), the law of the credited to Participant B’s Securities payment is made to, or in accordance with Securities Intermediary’s jurisdiction Account. Pursuant to § 357.11(a), but subject the instructions of, a Participant. Section governs. Thus, with respect to the matters in to § 357.11(d), Participant B’s jurisdiction 357.13(b)(2) establishes the mechanism of § 357.11(a), the law of Participant’s governs Dealer B’s acquisition of a Securities how Treasury book-entry securities are paid jurisdiction applies as between Participant Entitlement from Participant B. at maturity. It is intended to cover a variety and Dealer.16 If Participant’s jurisdiction, as HYPOTHETICAL 3 of procedures, including where the proceeds determined under § 357.11(b), has not of pledged securities are credited to a adopted Revised Article 8, the law of suspense account pending substitution or Participant’s jurisdiction, as it would be TREASURY release. This paragraph makes clear that the amended by Revised Article 8, applies. payment takes place automatically and that, Similarly, as between Dealer and Investor, FEDERAL RESERVE BANK unlike with physical certificates, there is no Dealer is a Securities Intermediary, with | act of presentment required by the respect to the matters in § 357.11(a), the law PARTICIPANT Participant. of Dealer’s jurisdiction applies as between Assume Participant wishes to obtain a loan Dealer and Investor. If Dealer’s jurisdiction Section 357.14 Authority of Reserve Banks from Federal Reserve Bank and, as part of the has not adopted Revised Article 8, the law of transaction, will grant Federal Reserve Bank Section 357.14 provides that Federal Dealer’s jurisdiction, as it would be amended Reserve Banks are authorized, as fiscal agents by Article 8, applies. a security interest in its Securities of Treasury, to operate the commercial book- Entitlement with respect to Treasury book- entry system for Treasury. HYPOTHETICAL 2 entry securities. The transaction can be TREASURY accomplished in one of two ways. Pursuant Section 357.44 Notices to § 357.12(c)(1), the Federal Reserve Bank Section 357.44 contains a revised version FEDERAL RESERVE BANK can mark its books to reflect the security | | of a provision that appeared in earlier interest. As a matter of federal law, that TRADES proposals. Similar to the rule in PARTICIPANT A PARTICIPANT B action creates and perfects the Federal | | Revised Article 8 (see section 8–112), it Reserve Bank’s security interest and grants provides where certain legal process should DEALER A DEALER B the Federal Reserve Bank priority over all be directed. While providing instructions on Assume that Dealer A sells its interest in other claimants (other than the United States where notice should be directed, it makes a Treasury book-entry security to Dealer B. pursuant to § 357.12(b)).17 A second method clear that the regulations do not establish The transaction likely would take the for completing the transaction, as set forth in whether a Federal Reserve Bank is required following form. Dealer A will instruct § 357.12(c)(2), would be to take whatever to honor any such order or notice. Participant A to transfer its interest in a actions are authorized by applicable law. In J. Hypotheticals Treasury security to Participant B against that case, applicable law is the law of the HYPOTHETICAL 1 jurisdiction of the head office of the Federal Reserve Bank. If that jurisdiction had adopted Revised Article 8, it would be the TREASURY 14 As provided in § 357.14, Federal Reserve Banks, among other things, effect transfers of book- law of that jurisdiction. If that jurisdiction FEDERAL RESERVE BANK entry securities between Participants’ Security had not adopted Revised Article 8, it would | Accounts. PARTICIPANT 15 One comment questioned whether similar | language in the March 4, 1996 release implied that, 17 In certain limited circumstances, a Federal DEALER under Revised Article 8, in the above example Reserve Bank may enter into an agreement under | Investor could have a claim against Participant. No which it agrees to record on its books an interest INVESTOR such implication was intended. The only point of in Participant’s book-entry securities in favor of a the language is to make it clear that Federal, not non-Participant, such as a governmental entity. The first hypothetical is designed to show state, law governs the rights and obligations of Under these circumstances, the non-Participant what law applies at different levels of the Treasury and the Federal Reserve Banks. would have a perfected security interest with tiered book-entry system. TRADES provides 16 As described in the March 4 Release, the scope of TRADES is limited. As a general rule, if a matter priority over other claimants (other than the United that federal law, and only federal law States under § 357.12(b)). It should be noted that, (defined in § 357.10(a)), governs the rights is not covered in § 357.11(a), TRADES is not applicable. One comment questioned whether as set forth in § 357.12(c)(1), there is no requirement TRADES covered the creation and attachment of a that either the United States or a Federal Reserve security interest. The omission of creation and Bank agree to creation and perfection of a security 13 51 FR 8846, 8848 (March 14, 1986). attachment in § 357.11(a) is intentional. interest in this way, except as provided in § 357.12(c)(1). 43636 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations be the law of that jurisdiction as if the Dated: August 16, 1996. being supplanted by the new regulations jurisdiction had adopted Revised Article 8. Gerald Murphy, in 31 CFR Part 357, Subpart B (the Under Revised Article 8, the Federal Reserve Fiscal Assistant Secretary. ‘‘TRADES’’ regulations). The only Bank’s interest would be that of a clearing provisions that will continue to have corporation. [FR Doc. 96–21469 Filed 8–20–96; 1:29 pm] BILLING CODE 4810±39±P any force on and after the effective date HYPOTHETICAL 4 are those dealing with the procedures TREASURY for withdrawal of securities from book- entry. Those provisions only apply to FEDERAL RESERVE BANK DEPARTMENT OF THE TREASURY | | securities issued before August 15, PARTICIPANT A PARTICIPANT B Fiscal Service 1986, which were offered in definitive (certificated) form. Assume that Participant A wishes to 31 CFR Parts 306, 350, 356, and 358 In revised § 306.115, a new definition borrow from Participant B and grant of ‘‘Eligible book-entry Treasury Participant B a security interest in its Security Entitlement in Treasury book-entry Conforming Book-entry Changes security’’ has been added and the definition of ‘‘Definitive Treasury securities. As provided in § 357.12(c)(2), the AGENCY: Bureau of the Public Debt, security’’ is being retained, but transaction would be completed pursuant to Fiscal Service, Treasury. applicable law determined in accordance otherwise the definitions in 31 CFR with 357.11. Although such an interest could ACTION: Final rule. § 357.3 will apply. Revised § 306.117 be recorded on the books of a Federal Reserve SUMMARY: The Department of the contains the rules for withdrawal of Bank under § 357.12(c)(1), Federal Reserve Eligible book-entry Treasury securities Banks generally do not mark their books to Treasury is publishing final regulations to conform existing miscellaneous for conversion to definitive form. It is record this type of security interest for based on provisions in former Participants. regulatory provisions to new regulations §§ 306.118(d) and (f) and 306.119. All HYPOTHETICAL 5 governing book-entry Treasury Bonds, Notes and Bills that are being published other provisions of current Subpart O are covered by TRADES or are obsolete. TREASURY as a separate rulemaking document on this date. The changes are technical and Part 350 FEDERAL RESERVE BANK non-substantive. | This Part contained the regulations EFFECTIVE DATE: January 1, 1997. PARTICIPANT A governing Treasury bills that were | FOR FURTHER INFORMATION CONTACT: offered exclusively in book-entry form, DEALER A Walter T. Eccard, Chief Counsel (202) beginning in 1976.1 Subpart C of Part | 219–3320, or Cynthia E. Reese, Deputy 350, which related to direct access BANK A Chief Counsel, (202) 219–3320. Copies Treasury bill accounts, was superseded Assume that Bank A wishes to borrow from of the final regulations are being made by the TREASURY DIRECT regulations the Federal Reserve Bank and will pledge its available for downloading from the in Part 357, Subpart C. Subpart B of Part interest in Treasury book-entry securities Bureau of the Public Debt home page at 350, which related to Treasury bills held held at Dealer A to collateralize that loan. the following address: http:// in the commercial book-entry system, The transaction could be accomplished in www.ustreas.gov/treasury/bureaus/ was applicable until promulgation in two ways. Pursuant to § 357.12(c)(1), the pubdebt/pubdebt.html. 1993 of the uniform offering circular, 31 interest could be created and perfected on the SUPPLEMENTARY INFORMATION: In a CFR Part 356 (Sale and Issue of Book- books of a Federal Reserve Bank. Such a Entry Treasury Bills, Notes, and Bonds, transaction would take place in the following separate publication in this Federal fashion. Bank A could have Dealer A instruct Register, the Department of the Treasury Department of the Treasury Circular, Participant A to deposit securities to a pledge is publishing a final rule that, on and Public Debt Series No. 1–93). Under account specified by the Federal Reserve after the effective date, will govern §§ 356.3 and 356.5, Treasury bills were Bank. The Federal Reserve Bank likely would Treasury bonds, notes, and bills made subject to 31 CFR Part 306 and create an account on its books and specify (Treasury securities) in book-entry form 357. Because Treasury bills have a that account to Bank A as the account to held in the commercial book-entry maturity of no longer than one year, receive Bank A’s interest in Treasury book- system (31 CFR Part 357). That rule there are currently no unmatured entry securities. Participant A, upon Treasury bills subject to Part 350. receiving Dealer A’s instructions, would then incorporates by reference recent and instruct the Federal Reserve Bank to debit its significant changes in commercial law Therefore, Part 350 is being removed. account at the Federal Reserve Bank and addressing the holding of securities in Part 356 credit the account created by the Federal book-entry form through intermediaries. Reserve Bank. The second way the The rule replaces existing Treasury All of the changes in this Part either transaction could take place is by any regulations that contain outdated legal replace references to 31 CFR Part 306 method permitted by the law of Dealer A’s concepts. with Part 357, or add references to (Bank A’s Securities Intermediary) In this rulemaking document, existing TRADES. jurisdiction. This could involve a tri-party Treasury regulations are being amended agreement among the Federal Reserve Bank, Part 358 to conform to the changes in Part 357. Dealer A, and Bank A. As set forth in One change is being made to Section No other changes of a substantive nature § 357.11(b)(1), that agreement likely would 358.3 to delete language that will no are being made. These various technical specify which jurisdiction’s law is to govern longer apply as a result of the the transaction and could specify that such changes are summarized below. choice of law supersedes any other choice of publication of TRADES. Part 306 law agreement previously entered into by Procedural Requirements Dealer A and Bank A. If Dealer A’s Subpart O of Part 306 contains the This rulemaking does not meet the jurisdiction has not adopted Revised Article provisions governing book-entry criteria for a ‘‘significant regulatory 8, the applicable law would be the law of Treasury securities that have been in Dealer A’s jurisdiction as it would be effect for over twenty years. Almost all amended by Revised Article 8. 1 (Subpart D of Part 350 provided for issuance of of these provisions, including those definitive bills on an exception basis for a limited dealing with transfer and pledge, are period of time.) Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations 43637 action’’ pursuant to Executive Order TRADES by requesting delivery of like fiscal agents of the United States, 12866. The notice and public comment definitive Treasury securities. pursuant to 12 U.S.C. 391. * ** procedures requirements of the (b) A Reserve bank shall, upon receipt * * * * * Administrative Procedure Act are of appropriate instructions to withdraw 10. Section 356.5 is amended by inapplicable, pursuant to 5 U.S.C. eligible book-entry Treasury securities revising the first two sentences in its 553(a)(2). As no notice of proposed from book-entry form in TRADES, introductory text to read as follows: rulemaking is required, the provisions convert such securities into definitive of the Regulatory Flexibility Act (5 Treasury securities and deliver them in § 356.5 Description of securities. U.S.C. 601, et seq.) do not apply. accordance with such instructions; no Securities offered pursuant to this There are no collections of such conversion shall affect existing part are offered exclusively in book- information contained in this interests in such Treasury securities. entry form and are direct obligations of rulemaking. Therefore, the Paperwork (c) All requests for withdrawal of the United States, issued under chapter Reduction Act does not apply. eligible book-entry Treasury securities 31 of title 31 of the United States Code. must be made prior to the maturity or The securities are subject to the terms List of Subjects in 31 CFR Parts 306, date of call of the securities. and conditions set forth in this part, as 350, 356, and 358 (d) Treasury securities which are to be well as the regulations governing book- Bonds, Federal Reserve System, delivered upon withdrawal may be entry Treasury bills, notes, and bonds Government securities, Securities. issued in either registered or bearer (31 CFR part 357) and the offering For the reasons set forth in the form, to the extent permitted by the announcements, all to the extent preamble and under the authority of 31 applicable offering circular. applicable. * ** U.S.C. 3121, 31 CFR chapter II is 5. Sections 306.120, § 306.121, * * * * * amended as follows: § 306.122, and the Appendix to subpart 11. Section 356.11 is amended by 0 are removed. revising the first sentence of paragraph PART 306ÐGENERAL REGULATIONS (a)(2) to read as follows: GOVERNING U.S. SECURITIES PART 350ÐREGULATIONS GOVERNING BOOK-ENTRY BILLSÐ § 356.11 Submission of bids. 1. The authority citation for part 306 [REMOVED] (a) * * * continues to read as follows: (2) If the awarded securities are to be 6. Part 350 is removed. Authority: 31 U.S.C. chapter 31; 5 U.S.C. issued in TRADES, a submitter must 301; 12 U.S.C. 391. PART 356ÐSALE AND ISSUE OF have on file at a Federal Reserve Bank a certificate listing those persons who 2. Section 306.115 is revised to read MARKETABLE BOOK-ENTRY are authorized to submit tenders on its as follows: TREASURY BILLS, NOTES, AND BONDS behalf. * * * § 306.115 Definition of terms. * * * * * 7. The authority citation for part 356 For the purposes of this subpart, the 12. Section 356.17(b) is revised to continues to read as follows: definitions provided in 31 CFR 357.3 read as follows: Authority: 5 U.S.C. 301; 31 U.S.C. 3102 et are applicable, with the following § 356.17 Responsibility for payment. additions: seq.; 12 U.S.C. 391. * * * * * Definitive Treasury security means a 8. Section 356.2 is amended by (b) TRADES. For securities held in Treasury bond, note, certificate of adding the following definition in TRADES, payment of the par amount indebtedness, or bill issued under 31 alphabetical order: and announced accrued interest, if any, U.S.C. chapter 31 in engraved or printed must be submitted with the tender form. § 356.2 Definitions. unless provision has been made for Eligible book-entry Treasury security * * * * * payment by charge to the funds account means a security maintained in TRADES means the Treasury/Reserve of a depository institution. TRADES that was originally issued prior Automated Debt Entry System. to August 15, 1986, which by the terms * * * * * * * * * * of its offering circular is available in 9. Section 356.3 is amended by 13. Section 356.31 is amended by either definitive or book-entry form. revising the introductory text and the revising the first sentences of both paragraphs (a) and (c) and all of 3. Section 306.116 is removed and first sentence of paragraph (a) to read as paragraph (d) to read as follows: § 306.117 is redesignated as § 306.116 follows: and revised to read as follows: § 356.3 Book-entry securities and § 356.31 STRIPS. § 306.116 Scope and effect of book-entry systems. (a) General. A note or bond may be procedure. Securities issued subject to this part designated in the offering announcement as eligible for the STRIPs (a) Except as provided in § 306.117, shall be held in either of two systems for program. At the option of the holder, the provisions of 31 CFR part 357, maintaining book-entry securities, as and generally at any time from its issue subparts A, B, and D apply. described. Securities may be transferred date until its call or maturity, any such (b) This subpart is effective January 1, from one system to the other in security may be ‘‘stripped’’ i.e., divided 1997. accordance with Treasury regulations into separate principal and interest 4. Section 306.118 is removed and governing book-entry Treasury bills, components maintained in TRADES. § 306.119 is redesignated as § 306.117 notes and bonds. See Department of the *** and revised to read as follows: Treasury Circular, Public Debt Series No. 2–86, as amended (31 CFR part * * * * * § 306.117 Withdrawal of eligible book- 357). (c) Reconstituting a security. Stripped entry Treasury securities for conversion to (a) Treasury/Reserve Automated Debt interest and principal components may definitive form. Entry System (TRADES). TRADES is be reconstituted, i.e. restored to their (a) Eligible book-entry Treasury established, maintained and operated by fully constituted form, and maintained securities may be withdrawn from the Federal Reserve Banks acting as in TRADES. * * * 43638 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations

(d) Applicable regulations. Unless otherwise provided in this part, notes and bonds stripped into their STRIPS components are governed by subparts A, B and D of part 357 of this chapter. PART 358ÐREGULATIONS GOVERNING CUBES (COUPONS UNDER BOOK-ENTRY SAFEKEEPING) 14. The authority citation for part 358 continues to read as follows: Authority: 31 U.S.C. chapter 31; 12 U.S.C. 391. 15. Section 358.3 is revised to read as follows: § 358.3 Governing regulations. CUBES are deemed to be securities for purposes of subparts A, B, and D of part 357 of this chapter. Dated: August 16, 1996. Gerald Murphy, Fiscal Assistant Secretary. [FR Doc. 96–21488 Filed 8–20–96; 1:29 pm] BILLING CODE 4810±39±P federal register August 23,1996 Friday Regulatory Reinvention;ProposedRule 48 CFRChapter34 34 CFRPart75etal. Education Department of Part IV 43639 43640 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

DEPARTMENT OF EDUCATION regulations. As of June 30, 1996, the continuation awards solely on the Department has achieved well over one- grantees’ performance reports. This 34 CFR Parts 75, 76, 77, 270, 271, 272, half of its goals. The Department has reform will save 6,000 grantees from 607, 642, 648, 662, 663, 664 and 48 CFR eliminated or reinvented 1347 pages submitting applications each year. (approximately 68%) of the regulations Chapter 34 Invitation to Comment the Department promised it would Regulatory Reinvention change. In addition, comprehensive The Secretary invites comments on legislative reinvention proposals the Department’s plans to revise the AGENCY: Department of Education. regarding the Individuals with administrative and program regulations ACTION: Advance notice of proposed Disabilities Education Act and adult and discussed below. After considering the rulemaking. vocational education are pending in comments received in response to this Congress that would affect 512 pages advance notice, the Secretary intends to SUMMARY: The Secretary is giving the (26%) of the regulations that the publish notices of proposed rulemaking public early notice of actions he intends Department is committed to eliminating with an opportunity for further public to take to simplify regulations and or improving. The remaining 289 pages comment before implementing any reduce regulatory burden. This notice that the Department promised to amendments to the regulations. solicits public input to help guide the eliminate or improve have been or are Interested persons are invited to Department in developing proposed being reviewed, and Department submit comments and recommendations amendments to certain regulations. employees are developing final regarding the Department’s plans to the DATES: Comments will be most useful if regulations or notices of proposed individual listed in the ‘‘Contact’’ submitted by September 23, 1996 or by rulemaking to eliminate or improve the section of the regulations to be the date specified in the section regulations. amended. Comments will be available discussing the relevant regulations or for public inspection during and after Examples of Regulatory Reinvention programs. the comment period at the specified ADDRESSES: All comments should be The Department already has made a address between the hours of 9:00 a.m. addressed to the individual listed in the number of reforms that have led to and 4:30 p.m., Monday through Friday relevant program sections. fewer regulations and better decisions of each week except Federal holidays. about when to regulate. The Office of FOR FURTHER INFORMATION CONTACT: General Questions The individual listed in the ‘‘CONTACT’’ the Federal Register proposed that the portion of the section discussing the Department publish an additional fourth The Secretary requests comments on volume for Title 34 of the Code of the following general questions: relevant regulations or programs. • Individuals who use a Federal Regulations; the Department Would the actions described below avoided this action by removing enough provide useful regulatory relief? telecommunications device for the deaf • (TDD) may call the Federal Information regulations to obviate the need for a Are there other ways the Secretary Relay Service (FIRS) at 1–800–877–8339 fourth volume. could reduce costs and burdens One specific example of regulatory between 8 a.m. and 8 p.m., Eastern time, associated with these regulations? reform is the Department’s decision not More specific questions about particular Monday through Friday except Federal to issue regulations to implement the regulations are asked in the sections holidays. Goals 2000 and School-to-Work statutes, below. SUPPLEMENTARY INFORMATION: giving schools, school districts, and States maximum flexibility to use funds Specific Programs and Regulations Background within statutory limits. 1. Education Department General The President, on March 4, 1995, The Department has made a number Administrative Regulations (34 CFR announced a Regulatory Reinvention of changes to the student financial aid Parts 75, 76, and 77) Initiative to reform the Federal regulations that eliminate paperwork regulatory system. The Initiative burden, increase flexibility, and reduce Proposed Actions required all Federal agencies to review regulatory requirements for certain Parts 75, 76, and 77 of the Education their regulations page by page. colleges and universities. These changes Department General Administrative Regulators were asked to eliminate include relieving colleges and Regulations (EDGAR) contain general obsolete regulations, improve or universities with sound financial requirements that govern direct grant reinvent regulations, revise regulations standing and good refund processing programs and State-administered grant to reward results rather than process, histories of the requirement to maintain programs. The Secretary proposes to and streamline regulations to achieve a cash reserve fund to cover tuition reduce dramatically the number of agency goals in the most efficient and refunds and allowing institutions with regulations in parts 75 and 76. The least intrusive way possible. Since access to the National Student Loan Secretary plans to remove from parts 75, March of 1995, the Department has been Data System (NSLDS) once in operation, 76, and 77 those sections that are reviewing thoroughly all of its to use that system to obtain financial aid unnecessary, obsolete or merely regulations pursuant to the President’s transcripts. explanatory. Also, the Secretary plans to instructions. In one of the most far-reaching update references, renumber sections, As directed by the President, in June changes, the Department eliminated and consolidate a number of provisions. of 1995 each Federal agency submitted discretionary grant application The Secretary plans to revise the a plan to the Director of the Office of requirements for non-competing evaluation requirements and may add Management and Budget describing the continuation awards, substantially other provisions that will give grantees actions it planned to take to eliminate reducing paperwork burden on more flexibility in administering a or improve existing regulations. The applicants and streamlining the project. Most important, the Secretary Secretary promised the President that Department’s grant award process. intends to create a handbook that would the Department would eliminate or Instead, the Department will approve contain descriptions of procedural reinvent 1,984 pages of regulations, budgets for the entire project period and requirements and statutory representing 93% of the Department’s will base approval of non-competing requirements instead of putting the Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules 43641 information in regulations. The educational problems occasioned by 5. Training Program for Federal Trio Secretary intends to include in internal desegregation. In addition to removing Programs (34 CFR Part 642) Department directives, as well as in the redundant requirements and Proposed Actions handbook, those provisions currently in unnecessary definitions in the general EDGAR that regulate Department regulations (Part 270), State Educational The Secretary is currently reviewing conduct and do not affect recipients. Agency Program (Part 271), and these regulations and would like public The Secretary is particularly interested Desegregation Assistance Center comment on how the program and in comments on whether grant Program (Part 272), the Secretary plans program regulations could be improved. applicants and program beneficiaries to consolidate the regulations governing For example, could the selection criteria would find a comprehensive handbook these programs into one CFR part. The or the implementation of the funding useful. Secretary expects these changes to priority for applicants that have Comments will be available for public highlight distinctions between the two conducted training projects under Title inspection in Room 3636, GSA National programs and result in clearer IV of the Higher Education Act be Capital Region Building, at 7th and D regulations that are easier for grantees to improved? The Secretary would implement any Streets S.W., Washington, D.C. use. Contact: Kathy Thomas by telephone changes after the program is Comments will be available for public reauthorized because the Secretary at (202) 708–8287, by writing to U.S. inspection in Room 4500, Portals Department of Education, 600 believes it would not be useful to devote Building, at 1250 Maryland Avenue, resources to revising the regulations Independence Avenue S.W., (Room S.W., Washington, D.C. 3636, ROB Building), Washington, D.C. now when it is possible the statutory Contact: Adell Washington by requirements may change in the next 20202–4248, or by e-mail to kathy— telephone at (202) 260–2495, by writing [email protected]. year. The program is authorized until to U.S. Department of Education, 600 September, 1997. 2. Education Department Acquisition Independence Avenue, S.W., (Room The Secretary particularly requests Regulation (48 CFR Chapter 34) 4500, Portals), Washington, D.C. 20202, comments on whether there are reasons or by e-mail to Proposed Actions why the Department should consider [email protected]. revising the regulations prior to The Secretary plans to make the reauthorization. 4. Strengthening Institutions Program Education Department Acquisition Comments will be available for public (34 CFR Part 607) Regulation (EDAR) easier to use by inspection in Room 600D, Portals eliminating unnecessary regulations and Proposed Actions Building, at 1250 Maryland Avenue, updating provisions. The Secretary S.W., Washington, D.C. would eliminate those requirements that This program provides grants to Contact: Blanca Rodriguez by duplicate the requirements in the institutions of higher education to telephone at (202) 708–4804, by writing Federal Acquisition Regulation, such as improve their academic programs, to U.S. Department of Education, 600 § 3404.170 regarding ratification of institutional management, and fiscal Independence Avenue, S.W. (Room unauthorized contract awards. As stability. The Secretary intends to revise 600D, Portals Building), Washington, another example, the Department would the selection criteria and eligibility D.C. 20202–5249, or by e-mail to eliminate Subpart 3437.2 and related requirements for the program. The [email protected]. clause 3452.237–70 which require all Secretary would like to clarify the 6. Graduate Assistance in Areas of reports prepared by a contractor to requirements for demonstrating National Need (34 CFR Part 648) contain certain information that is no eligibility for a waiver of the statutory longer necessary. eligibility requirements. How should Proposed Actions these requirements be revised? The Secretary particularly requests This program provides fellowships The Secretary would make these comments on which areas, if any, through academic departments of changes after the program is should be deregulated in EDAR. institutions of higher education to assist reauthorized because the Secretary Comments will be available for public graduate students of superior ability believes it would not be useful to devote inspection in Room 3636, GSA National who demonstrate financial need. The resources to revising the regulations Capital Region Building, at 7th and D Secretary is currently considering now when it is possible that the Streets, S.W., Washington, D.C. changes to these regulations to improve statutory requirements may change as a Contact: Cathy Girouard by telephone the program and reduce regulatory result of reauthorization. The program is at (202) 708–8529, by writing to U.S. burden. Are there particular regulatory authorized until September, 1997. The Department of Education, 600 provisions that could be eliminated or Secretary particularly requests Independence Avenue, S.W. (Room improved? 3636, ROB Building), Washington, D.C. comments on whether there are reasons The Secretary would make any 20202–4248, or by e-mail to why the Department should consider l changes after the program is cathy [email protected]. revising the regulations prior to reauthorized because the Secretary reauthorization. 3. Desegregation of Public Education believes it would not be useful to devote Programs (34 CFR Parts 270, 271, and Comments will be available for public resources to revising the regulations 272) inspection in Room 600C, Portals because the statutory requirements may Building, at 1250 Maryland Avenue, change in the next year. The program is Proposed Actions S.W., Washington, D.C. authorized until September 30, 1997. These programs provide grants to Contact: Louis Venuto by telephone at The Secretary particularly requests projects that help public school districts (202) 708–8839, by writing to U.S. comments on whether there are reasons and personnel in the preparation, Department of Education, 600 why the Department should consider adoption, and implementation of plans Independence Avenue, S.W. (Room revising the regulations prior to for the desegregation of public schools 600C, Portals Building), Washington, reauthorization. and in the development of effective D.C. 20202–5335, or by e-mail to Comments will be available for public methods of coping with special [email protected]. inspection in Room CYC 80, Portals 43642 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Proposed Rules

Building, at 1250 Maryland Avenue, improvement of the study of modern improvements in the regulations that S.W., Washington, D.C. foreign languages and area studies in the could be made? Contact: Cosette Ryan by telephone at United States by providing Comments will be available for public (202) 260–3608, by writing to U.S. opportunities for scholars to conduct inspection in Suite 600, Portals Department of Education, 600 research abroad. The Secretary intends Building, at 1250 Maryland Avenue, Independence Avenue, S.W. (CYC 80, to improve the application review S.W., Washington, D.C. Portals Building), Washington, D.C. process and to update the regulations in Dates: Comments will be most useful 20202–5247, or by e-mail to light of developments in the field of if submitted by August 30, 1996. [email protected]. foreign language, area, and international Contact: Karla Ver Bryck Block by studies, such as political developments telephone at (202) 401–9774, by writing 7. Higher Education Programs in abroad, modifications in the policies to U.S. Department of Education, 600 Modern Foreign Language Training and and practices of the J. William Fulbright Independence Avenue, S.W. (Suite 600, Area Studies: Doctoral Dissertation Portals Building), Washington, D.C. Research Abroad Fellowship Program; Foreign Scholarship Board, and new interpretations of regulations. These 20202, or by e-mail to Faculty Research Abroad Fellowship; [email protected]. Group Projects Abroad Program (34 CFR anticipated changes include changes in Parts 662, 663, and 664) nomenclature, changes in selection Dated: August 19, 1996. criteria, and reduction of burden Richard W. Riley, Proposed Actions associated with the regulations. Secretary of Education. These programs are designed to Would improvements in these areas [FR Doc. 96–21568 Filed 8–22–96; 8:45 am] contribute to the development and be useful? Are there additional BILLING CODE 4000±01±M federal register August 23,1996 Friday Day, 1996 Proclamation 6912ÐWomen'sEquality The President Part V 43643

43645

Federal Register Presidential Documents Vol. 61, No. 165

Friday, August 23, 1996

Title 3— Proclamation 6912 of August 21, 1996

The President Women’s Equality Day, 1996

By the President of the United States of America

A Proclamation Since America’s earliest days, our citizens have engaged in a passionate struggle to create a Nation where all can enjoy the benefits of democracy in equal measure. In 1920, we took a great step toward that noble goal by declaring that the right to vote could not be denied on the basis of gender. This 76th anniversary of the adoption of the 19th Amendment to the Constitution gives us an opportunity to celebrate the advances made in empowering women to fully participate in the political, cultural, social, and economic life of our country. At long last we are seeing the fruits of our efforts to establish a society made strong by its vast diversity—a place where women not only make gains in traditionally male fields, but also use their talents and perspectives to enlarge the scope of public life. The extraordinary success of our female athletes at the Centennial Olympic Games in Atlanta is one stirring example of this progress. Historically excluded from so many arenas, today’s women are carrying a shining torch of hope for younger generations to follow. Now the challenge is to keep the doors of opportunity open and to build on the changes begun by the ratification of the 19th Amendment. We must continue to encourage women to pursue elected office and to contribute to the civil discourse. Every American stands to gain when women and men of all backgrounds participate in the political process and exercise their right to vote. This is a right that we must never take for granted— and a responsibility we must never shirk—because it gives each of us a voice in our national debate and calls every citizen to join in the pursuit of our Nation’s fundamental ideals. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim August 26, 1996, as Women’s Equality Day. I call upon all Americans to reflect on both the struggles and accomplishments of all women and to promote the observance of this day with appropriate programs and activities. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of August, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twenty-first. œ– [FR Doc. 96–21811

Filed 8–22–96; 11:49 am] Billing code 3195–01–P i

Reader Aids Federal Register Vol. 61, No. 165 Friday, August 23, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 953...... 43146 Public Laws Update Services (numbers, dates, etc.) 523±6641 958...... 43415 For additional information 523±5227 Executive Orders: 981...... 42990 10163 (Amended by Presidential Documents 982...... 42991 EO 13013)...... 41483 985...... 40959 Executive orders and proclamations 523±5227 12143 (Superceded by 997...... 42993 The United States Government Manual 523±5227 EO 13014)...... 42963 998...... 42993 Other Services 13013...... 41483 1005...... 41488 13014...... 42963 Electronic and on-line services (voice) 523±4534 1007...... 41488 Administrative Orders: 1011...... 41488 Privacy Act Compilation 523±3187 Notice of August 14, 1046...... 41488 523±5229 TDD for the hearing impaired 1996 ...... 42527 1467...... 42137 Presidential Determinations: 1703...... 42462 ELECTRONIC BULLETIN BOARD 96±41 of August 12, 1944...... 42842 1996 ...... 43137 1980...... 43147 Free Electronic Bulletin Board service for Public Law numbers, 4000...... 42371 Federal Register finding aids, and list of documents on public 5 CFR Proposed Rules: inspection. 202±275±0920 531 ...... 40949, 42939, 43574 210...... 42396 FAX-ON-DEMAND 831...... 41714 220...... 40481, 42396 837...... 41714 225...... 42396 You may access our Fax-On-Demand service. You only need a fax 841...... 41714 226...... 40481, 42396 machine and there is no charge for the service except for long 842...... 41714 300...... 42565 distance telephone charges the user may incur. The list of 843...... 41714 301 ...... 40354, 40361, 41990, documents on public inspection and the daily Federal Register’s 844...... 41714 42824 table of contents are available using this service. The document 847...... 41714 319...... 40362, 42565 numbers are 7050-Public Inspection list and 7051-Table of 1620...... 41485 457...... 41527, 41531 Contents list. The public inspection list will be updated 2470...... 41293 911...... 40550 immediately for documents filed on an emergency basis. 2471...... 41293 929...... 43186 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 2472...... 41293 944...... 40550 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 2473...... 41293 1005...... 43474 public inspection may be viewed and copied in our office located 2634...... 40145 1007...... 43474 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 2635...... 40950, 42965 1011...... 43474 telephone number is: 301±713±6905 Ch. LIV...... 40500 1046...... 43474 Ch. LXVI ...... 40505 1124...... 43474 FEDERAL REGISTER PAGES AND DATES, AUGUST Ch. XXIV...... 43411 1530...... 40749 Proposed Rules: 1710...... 41025 40145±40288...... 1 591...... 41746 1714...... 41025 1717...... 41025 40289±40504...... 2 7 CFR 40505±40716...... 5 1786...... 41025 40717±40948...... 6 9...... 42773 19...... 42371 8 CFR 40949±41292...... 7 26...... 40145 217...... 41684 41293±41482...... 8 51...... 40289 245...... 43028 41483±41728...... 9 400...... 40952, 42970 Proposed Rules: 41729±41948...... 10 402...... 42979 3...... 40552, 41684 41949±42136...... 13 457...... 41297 103...... 40552, 41684 42137±42370...... 14 620...... 42137 212...... 40552 42371±42528...... 15 663...... 41949 235...... 40552 42529±42772...... 16 800...... 43301 236...... 40552 42773±42964...... 19 906...... 43139 242...... 40552 42965±43136...... 20 911...... 43141 287...... 40552 43137±43300...... 21 915...... 40290 292...... 40552 920...... 40506 43301±43410...... 22 292a...... 40552 922...... 40954, 42988 43411±43646...... 23 923...... 40954 9 CFR 924...... 40954, 40956 78...... 41730 927...... 42529 92...... 43417 928...... 40146 94...... 40292, 43305 929...... 41729 304...... 43149, 43150 931...... 42529 308...... 43149, 43150 932...... 40507 310...... 43149, 43150 944...... 40507, 43141 317...... 42143 947...... 43144 320...... 43149, 43150 ii Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Reader Aids

327...... 43149, 43150 25...... 41949,42144 404...... 41329 502...... 42401 381...... 43149, 43150 39 ...... 40313, 40511, 41733, 503...... 42401 416...... 43149, 43150 41951, 41953, 41955, 41957, 21 CFR 509...... 42401 417...... 43149, 43150 42549, 42773, 42776, 42777, 73...... 40317 513...... 42401 Proposed Rules: 42779, 42781, 42782, 42994, 101 ...... 40320, 40963, 42742, 514...... 42401 92...... 43188 42996, 43155, 43307 43119, 43433 516...... 42401 101...... 43483 71 ...... 40147, 40315, 40316, 136...... 40513 517...... 42401 102...... 43316 40717, 40718, 40719, 40961, 137...... 40513 517...... 42401 104...... 43316 41684, 41735, 41736, 42146, 139...... 40513 520...... 42401 130...... 43188 42784, 42785, 43310, 175...... 42378 521...... 42401 73...... 42550 177...... 42379 10 CFR 95...... 40148 178...... 42381, 43156 27 CFR 2...... 43406 97 ...... 40150, 40151, 42551, 179...... 42381 252...... 41500 50...... 41303 42552, 42554 182...... 43447 290...... 41500 51...... 43406 Proposed Rules: 184...... 40317, 43447 Proposed Rules: Proposed Rules: 23...... 41688 522...... 41498, 42383 4...... 40568 2...... 43409 25 ...... 40710, 41688, 41924, 556...... 42383 5...... 40568 25...... 40555 42577 558...... 43450 7...... 40568 30...... 43193 33...... 41688 584...... 43451 19...... 40568 40...... 43193 39 ...... 40159, 40758, 40760, 601...... 40153 20...... 40568 51...... 43409 40762, 41037, 41039, 41537, 620...... 40153 22...... 40568 70...... 43193 41539, 41751, 41753, 41755, 630...... 40153 24...... 40568 95...... 40555 41757, 42195, 42825, 43317, 640...... 40153 25...... 40568 430...... 41748 43319 650...... 40153 27...... 40568 434...... 40882 71...... 40365, 43320 660...... 40153 70...... 40568 435...... 40882 91...... 41040, 43196 680...... 40153 250...... 40568 490...... 41032 93...... 41040, 43196 1309...... 40981 251...... 40568 121...... 41040, 43196 1310...... 40981 252...... 42462 11 CFR 135...... 41040, 43196 1313...... 40981 290...... 42462 255 ...... 42197, 42208, 43500 104...... 42371 Proposed Rules: Ch. 1 ...... 41750 110...... 40961 201...... 42826 28 CFR Proposed Rules: 15 CFR 331...... 42826 29...... 40723 109...... 41036 679...... 40481 352...... 42398 42...... 42556, 43119 110...... 41036 90...... 40727 774...... 41326 22 CFR 12 CFR 799A ...... 41326 50...... 43310 29 CFR 26...... 40293 902...... 43420 51...... 43310 4...... 40714 212...... 40293 16 CFR 126...... 41499, 41737 5...... 40714 310...... 43418 212...... 43002 1691...... 42556 348...... 40293 1700...... 40317 602...... 40332 1910...... 43454 563...... 40293 Proposed Rules: 1915...... 43454 701...... 41312 23...... 43500 23 CFR 1926...... 41738, 43454 931...... 40311 1507...... 41043 Proposed Rules: 2510...... 41220 932...... 43151 17 CFR 655...... 40484 4044...... 42384 933...... 42531 1...... 41496, 42999 941...... 43151 Proposed Rules: 4...... 42146 24 CFR 1...... 40366 Proposed Rules: 211...... 40721 103...... 41480 5...... 40366 3...... 42565 230...... 42786 111...... 41282 102...... 40369 208...... 42565 239...... 42786 115...... 41282 219...... 43195 270...... 42786 203...... 42786 30 CFR 225...... 42565 274...... 42786 221...... 42786 325...... 42565 56...... 42787 Proposed Rules: 280...... 42952 357...... 40756 57...... 42787 230...... 43400 700...... 42949 362...... 43486 203...... 40734 240...... 43400 982...... 42129 567...... 42565 735...... 40155 250...... 43400 3500...... 41944 613...... 42091 937...... 40155 270...... 43400 Proposed Rules: 946...... 42788 614...... 42091 275...... 43400 615...... 42901 Ch. IX...... 42939 950...... 40735 618...... 42901 18 CFR 10...... 42722 Proposed Rules: 250...... 41541 619...... 42901 3c ...... 43411 25 CFR 620...... 42901 284...... 40962 936...... 40369 626...... 42901 381...... 40722 Proposed Rules: 214...... 41365 31 CFR 703...... 41750 Proposed Rules: 211...... 41739 704...... 41750 35...... 41759 26 CFR 932...... 42570 284...... 41406 306...... 43636 934...... 41535 1...... 40993, 42165 350...... 43636 935...... 40364 19 CFR 31...... 40993 356...... 43636 941...... 42570 10...... 41737 301...... 42178 357...... 43626 1270...... 42824 12...... 41737 602...... 40993 358...... 43636 101...... 43429 Proposed Rules: 500...... 43459 13 CFR 102...... 41737 1...... 42401 515...... 43459 107...... 41496 134...... 41737 20...... 43197 535...... 43459 121...... 42376, 43119 210...... 43429 25...... 43197 550...... 43459 31...... 42401 560...... 43459 14 CFR 20 CFR 35a...... 42401 575...... 43459 17...... 42396, 42397 348...... 42377 301...... 42401 596...... 43462 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Reader Aids iii

Ch. V...... 43459 122...... 41698 65...... 40527 45...... 41467 Proposed Rules: 180 ...... 40337, 40338, 40340 Proposed Rules: 46...... 41467 344...... 40764 261...... 40519 67...... 40595 51...... 41467 271 ...... 40520, 41345, 43009, 206...... 43208 52...... 41467, 41473 32 CFR 43018 53...... 41467 45 CFR 837...... 43466 272...... 41345 253...... 43119 Proposed Rules: 282...... 41507 1336...... 42817 506...... 42190 202...... 40764 300...... 40523 1610...... 41960 547...... 42190 Proposed Rules: 1617...... 41963 552...... 42190, 46462 33 CFR 51...... 43030 1632...... 41964 719...... 42939 100 ...... 40513, 42505, 41506 52 ...... 40591, 40592, 41371, 1633...... 41965 722...... 42939 41372, 42939, 43030, 43202, 752...... 42939 110...... 40993 46 CFR 117...... 40515, 43158 40501 901...... 41702 154...... 41452, 42462 59...... 40161 31...... 41684 905...... 41702 156...... 41452 60...... 40501 35...... 41684 906...... 41702 157...... 41684 63...... 40501 70...... 40281 908...... 41702 165...... 40515, 40994 64...... 41991 108...... 40281 909...... 41684 70...... 41991, 42222 133...... 40281 915...... 41702 Proposed Rules: 153...... 42822 916...... 41702 165...... 40587 71...... 41991 80...... 42827 168...... 40281 917...... 41702 34 CFR 81 ...... 41371, 41759, 41764, 199...... 40281 922...... 41702 572...... 40530 928...... 41702 Proposed Rules: 40501 Proposed Rules: 932...... 41702 75...... 43640 153...... 41764 10...... 41208 933...... 41702 76...... 43640 159...... 41764 15...... 41208 935...... 41702 77...... 43640 260...... 41111, 40501 540...... 43209 936...... 41702 270...... 43640 261 ...... 41111, 42318, 40501 262...... 41111 942...... 41702 271...... 43640 47 CFR 945...... 41702 272...... 43640 264...... 41111, 40501 265...... 40501 1 ...... 40155, 41006, 41966, 952...... 41702 607...... 43640 43023, 43468 971...... 41702 642...... 43640 266...... 40501 268...... 41111 2...... 41006, 42386 1801...... 40533 648...... 43640 15...... 41006, 42558 1802...... 40533 662...... 43640 269...... 41111 270...... 40501 20...... 40348 1803...... 40533 663...... 43640 24...... 41006 1804...... 40533 664...... 43640 271 ...... 41111, 42318, 40501 281...... 40592 63...... 40531 1805...... 40533 36 CFR 300 ...... 40371, 42402, 42404, 64 ...... 42181, 42558, 43159 1806...... 40533 43203, 43205 68...... 42181, 42386 1825...... 42394 31...... 40996 73 ...... 40156, 40746, 41019, 1852...... 40533 211...... 415070 302...... 42318 372...... 43207 42189, 42190, 42394, 43025, Proposed Rules: Proposed Rules: 43472 1...... 41212 7...... 41058 41 CFR 76...... 43160 4...... 41212, 41214 242...... 41060 50±201...... 40714 90...... 40747 5...... 41212 37 CFR 50±206...... 40714 97...... 41006 7...... 40284 60±250...... 43466 Proposed Rules: 12...... 41214 1...... 42790, 43400 60±741...... 43466 Ch. 1 ...... 43031 14...... 41212 15...... 42807 60±999...... 43466 20...... 40374 15...... 40284, 41214 15a...... 42807 101±11...... 41000 25...... 40772 16...... 40284, 41214 101...... 40997 101±35...... 41003 32...... 40161, 41208 25...... 41214 102...... 40997 101±43...... 41352 64...... 40161, 41208 31...... 41214 501...... 40997 101±46...... 41352 73 ...... 40774, 40775, 41114, 36...... 41212 38 CFR 201±23...... 40708 42228, 42229, 42230, 42412, 37...... 40284 201±24...... 40708 42413, 43032, 43033, 43209, 42...... 43294 19...... 43008 Ch. 301 ...... 40524 40515 46...... 40284, 41214 20...... 43008 52...... 40284, 41214 Proposed Rules: 42 CFR 48 CFR 53...... 43294 1...... 40589 406...... 40343 Ch. 1...... 41466, 41477 225...... 43214 3...... 41368 407...... 40343 2...... 41467 252...... 43214 17...... 41108 408...... 40343 5...... 41467 909...... 40775 415...... 42385 7...... 41467 952...... 40775 39 CFR 416...... 40343 8...... 41467 970...... 40775 111...... 42478 417...... 42385 9...... 41467, 41472 Ch. 34 ...... 43640 233...... 42557 473...... 42385 12...... 41467 49 CFR Proposed Rules: 498...... 42385 15...... 41467 701...... 42219 16...... 41467 192...... 41019 43 CFR 17...... 41467 195...... 43026 40 CFR 4...... 40347 19...... 41467 390...... 42822 3...... 40500 12...... 40525 22...... 41467 544...... 41985 5...... 41330 Proposed Rules: 23...... 41473 571...... 41355, 41510 30...... 41959 1862...... 42579 25...... 41475 Proposed Rules: 51...... 40940, 41838 3600...... 40373 31...... 41476 173...... 43515 52 ...... 40516, 41331, 41335, 3610...... 40373 32...... 41467 361...... 40781 41338, 41342, 41838 3620...... 40373 33...... 41467 362...... 40781 60...... 42808 3860...... 42407 34...... 41467 363...... 40781 80...... 42812 37...... 41467 364...... 40781 81...... 40516, 41342 44 CFR 38...... 41467 385...... 40781 85...... 40940 64...... 40525, 42179 39...... 41467 386...... 40781 iv Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Reader Aids

391...... 40781 393...... 40781 571 ...... 40784, 41510, 41764, 43033 1002...... 42190 50 CFR 13...... 40481 14...... 40481 17...... 41020, 43178 20...... 42492 222...... 41514 285 ...... 40352, 43027, 43184 648...... 00000 660 ...... 40156, 40157, 43472 678...... 43185 679 ...... 40158, 40353, 40748, 41024, 41363, 41523, 41744, 43312 Proposed Rules: 20 ...... 42495, 42500, 42506, 42730 30...... 41115 100...... 41060 216...... 40377, 43517 217...... 41116 222...... 41116, 41541 227...... 40810 285...... 43518 300...... 41987 622 ...... 42413, 42822, 43215 648...... 43217, 43518 660...... 41988 679 ...... 40380, 43035, 43325 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Reader Aids v

REMINDERS New drug applications-- AGRICULTURE Missouri; comments due by The items in this list were Semduramicin with DEPARTMENT 8-28-96; published 7-29- editorially compiled as an aid bacitracin methylene Animal and Plant Health 96 to Federal Register users. disalicyate and Inspection Service Pennsylvania; comments Inclusion or exclusion from roxarsone; correction; Plant-related quarantine, due by 8-29-96; published this list has no legal published 8-23-96 domestic: 7-30-96 significance. GRAS or prior-sanctioned Japanese beetle; comments Tennessee; comments due ingredients: due by 8-26-96; published by 8-28-96; published 7- 6-25-96 29-96 RULES GOING INTO High fructose corn syrup; published 8-23-96 COMMERCE DEPARTMENT Washington; comments due EFFECT TODAY by 8-26-96; published 7- Hydrophobic silica; National Oceanic and 25-96 published 8-23-96 Atmospheric Administration DEFENSE DEPARTMENT Fishery conservation and Wisconsin; comments due Air Force Department HEALTH AND HUMAN by 8-28-96; published 7- SERVICES DEPARTMENT management: Public relations: Gulf of Alaska groundfish; 29-96 Health Care Financing Public affairs policies and comments due by 8-30- Air quality implementation Administration √ √ procedures; CFR part 96; published 7-5-96 plans; A approval and removed; published 8-23- Medicaid: Gulf of Mexico reef fish; promulgation; various 96 Medical eligibility quality comments due by 8-30- States; air quality planning EDUCATION DEPARTMENT control program 96; published 8-15-96 purposes; designation of areas: Postsecondary education: requirements, etc.; Ocean salmon off coasts of Federal regulatory reform; Washington; comments due Student support services Washington, Oregon and published 7-24-96 by 8-28-96; published 7- program; published 7-24- California; comments due 29-96 96 LABOR DEPARTMENT by 8-27-96; published 8- Clean Air Act: ENERGY DEPARTMENT Federal Contract Compliance 13-96 State operating permits Acquisition regulations: Programs Office EDUCATION DEPARTMENT programs-- Management and operating Disabled veterans, Vietnam Direct grant programs; New York; comments due contracts-- era veterans, and individuals comments due by 8-30-96; with disabilities; affirmative published 7-16-96 by 8-29-96; published Contract reform initiative; 7-30-96 implementation; action and nondiscrimination Elementary and secondary Drinking water: published 6-24-96 obligations of contractors education: and subcontr National primary and ENERGY DEPARTMENT Indian fellowship and actors: professional development secondary drinking water Federal Energy Regulatory programs; comments due regulations-- Commission Reporting and recordkeeping by 8-26-96; published 7- Enhanced surface water Conflict of interests; published requirements; published 26-96 treatment requirements 8-23-96 8-23-96 ENVIRONMENTAL for waterborne ENVIRONMENTAL pathogens and viruses; TREASURY DEPARTMENT PROTECTION AGENCY PROTECTION AGENCY Air pollution control; new comments due by 8-30- Air quality implementation Foreign Assets Control 96; published 5-29-96 Office motor vehicles and engines: plans; approval and Highway heavy-duty Hazardous waste program Sanctions; blocked persons, promulgation; various engines; emissions authorizations: specially designated States: control; comments due by Kansas; comments due by nationals, terrorists, and California; published 6-24-96 8-26-96; published 6-27- 8-28-96; published 7-29- narcotics traffickers, and New Mexico; published 6- 96 96 blocked vessels; list 24-96 Hazardous waste: consolidation Air pollution; standards of Virginia; published 7-24-96 performance for new Hazardous waste Correction; published 8-23- Hazardous waste program stationary sources: management system-- 96 authorizations: Nonmetallic mineral Contaminated media Nevada; published 6-24-96 processing plants; managed during FEDERAL COMMENTS DUE NEXT comments due by 8-26- government-overseen COMMUNICATIONS WEEK 96; published 6-27-96 remedial actions; COMMISSION Volatile organic compound requirements; comments due by 8-28-96; Radio services, special: AGRICULTURE (VOC) emissions-- published 7-1-96 Private land mobile DEPARTMENT Architectural coatings; Pesticides; tolerances in food, services-- Agricultural Marketing comments due by 8-30- 96; published 6-25-96 animal feeds, and raw Automatic vehicle Service Air quality implementation agricultural commodities: monitoring systems; Almonds grown in California; plans; approval and Acephate, etc.; comments correction; published 7- comments due by 8-30-96; promulgation; various due by 8-28-96; published 24-96 published 7-31-96 States: 7-29-96 FEDERAL DEPOSIT Onions grown in-- American Samoa et al.; Linuron; comments due by INSURANCE CORPORATION Idaho and Oregon; correction; comments due 8-26-96; published 6-26- Privacy Act; implementation: comments due by 8-30- by 8-26-96; published 7- 96 Federal regulatory reform; 96; published 7-31-96 25-96 Superfund program: published 8-23-96 Potatoes (Irish) grown in-- California; comments due by National oil and hazardous HEALTH AND HUMAN Idaho and Oregon; 8-26-96; published 7-25- substances contingency SERVICES DEPARTMENT comments due by 8-28- 96 plan-- Food and Drug 96; published 7-29-96 Illinois; comments due by 8- National priorities list Administration Prunes (dried) produced in 26-96; published 7-25-96 update; comments due Animal drugs, feeds, and California; comments due by Iowa; comments due by 8- by 8-26-96; published related products: 8-30-96; published 7-31-96 28-96; published 7-29-96 7-26-96 vi Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Reader Aids

National priorities list responsibility reclamation plan Class D airspace; comments update; comments due requirements; comments submissions: due by 8-26-96; published by 8-28-96; published due by 8-26-96; published Illinois; comments due by 8- 7-17-96 7-29-96 6-26-96 29-96; published 7-30-96 Class E airspace; comments Toxic chemical release FEDERAL TRADE JUSTICE DEPARTMENT due by 8-26-96; published reporting; community right- COMMISSION Immigration and 7-10-96 to-know-- Trade regulation rules: Naturalization Service TRANSPORTATION Metal mining, coal mining, Lubricating oil, previously Immigration: DEPARTMENT etc.; industry group list used; deceptive Immigration petitions-- National Highway Traffic additions; comments advertising and labeling; Priority dates for Safety Administration due by 8-26-96; comments due by 8-26- employment-based published 6-27-96 96; published 7-26-96 Motor vehicle safety petitions; comments due FARM CREDIT standards: HEALTH AND HUMAN by 8-26-96; published ADMINISTRATION SERVICES DEPARTMENT 6-27-96 Air brake systems-- Farm credit system: Food and Drug PERSONNEL MANAGEMENT Long-stroke brake Loan policies and Administration OFFICE chambers; comments operations-- Federal regulatory review: Administrative law judge due by 8-26-96; Short- and intermediate- Food and cosmetic labeling; examination; funding; published 7-11-96 term credit; FCS comments due by 8-26- comments due by 8-28-96; Lamps, reflective devices, (System) and non- 96; published 6-12-96 published 7-29-96 and associated System lenders; Human drugs: equipment-- comments due by 8-30- STATE DEPARTMENT 96; published 7-17-96 New drugs; list Visas; nonimmigrant Heavy truck conspicuity; consolidation; Federal evaluation plan; FEDERAL documentation: regulatory review; Visa waiver pilot program-- comments due by 8-30- COMMUNICATIONS comments due by 8-27- Australia; comments due 96; published 7-1-96 COMMISSION 96; published 6-11-96 by 8-28-96; published TRANSPORTATION Common carrier services: Medical devices: Commercial mobile radio 7-29-96 DEPARTMENT Hematology and pathology TRANSPORTATION services-- devices-- Research and Special Enhanced 911 emergency DEPARTMENT Programs Administration Immunohistochemistry Coast Guard calling systems; reagents and kits; Pipeline safety: comments due by 8-26- Regattas and marine parades: classification and Natural gas distribution 96; published 8-2-96 reclassification; Events requiring permits, systems; excess flow Interstate information comments due by 8-30- written notices, or neither; valve performance services; comments due 96; published 6-14-96 identification; comments standards; customer by 8-26-96; published 7- Humanitarian use devices; due by 8-26-96; published notification; comments due 26-96 comments due by 8-26- 6-26-96 by 8-26-96; published 6- Telecommunications Act of 96; published 6-26-96 TRANSPORTATION 27-96 1996; implementation-- DEPARTMENT INTERIOR DEPARTMENT TREASURY DEPARTMENT Accounting safeguards; Indian Affairs Bureau Federal regulatory review: comments due by 8-26- Classified information; Fiscal Service Human services: 96; published 8-1-96 comments due by 8-30- Treasury certificates of Radio stations; table of Social welfare arrangements 96; published 7-1-96 indebtedness, notes, and with States or other assignments: Freedom of Information Act; bonds; State and local agencies; comments due Florida; comments due by implementation; comments government series; by 8-30-96; published 7-1- 8-26-96; published 7-19- due by 8-26-96; published comments due by 8-26-96; 96 96 6-26-96 published 7-26-96 INTERIOR DEPARTMENT Louisiana; comments due by TRANSPORTATION TREASURY DEPARTMENT 8-26-96; published 7-19- Fish and Wildlife Service DEPARTMENT Internal Revenue Service 96 Endangered and threatened Federal Aviation Income taxes: Nevada; comments due by species: Administration 8-26-96; published 7-19- Coastal dunes milk-vetch, Airworthiness directives: Low income housing credit; 96 etc. (five plants and lizard available unit rule; de Havilland; comments due from Monterey County, comments due by 8-28- New Mexico; comments due by 8-26-96; published 7- CA); comments due by 8- 96; published 5-30-96 by 8-26-96; published 7- 16-96 19-96 30-96; published 6-26-96 Aviat Aircraft Inc.; comments TREASURY DEPARTMENT Television broadcasting: INTERIOR DEPARTMENT due by 8-30-96; published Thrift Supervision Office Cable television systems-- Endangered and threatened 7-9-96 Corporate governance; Federal Major television markets; species: Boeing; comments due by regulatory review; comments list; comments due by Coastal dunes milkvetch, 8-27-96; published 8-12- due by 8-26-96; published 8-26-96; published 7-2- etc. (five plants and lizard 96 6-25-96 96 from Monterey County, Jetstream; comments due FEDERAL MARITIME CA); comments due by 8- by 8-27-96; published 6- VETERANS AFFAIRS COMMISSION 30-96; published 7-10-96 28-96 DEPARTMENT Ocean freight forwarders, INTERIOR DEPARTMENT Short Brothers; comments Practice and procedure: marine terminal operations, Surface Mining Reclamation due by 8-29-96; published Rulemaking notice-and- and passenger vessels: and Enforcement Office 7-12-96 comment provisions; Transportation Permanent program and Shorts; comments due by 8- comments due by 8-30- nonperformance; financial abandoned mine land 29-96; published 7-12-96 96; published 7-1-96 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Reader Aids vii

LIST OF PUBLIC LAWS

This is a list of public bills from the 104th Congress which have become Federal laws. It may be used in conjunction with ``P L U S'' (Public Laws Update Service) on 202±523±6641. The text of laws is not published in the Federal Register but may be ordered in individual pamphlet form (referred to as ``slip laws'') from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 (phone, 202±512±2470). H.R. 2739/P.L. 104±186 House of Representatives Administrative Reform Technical Corrections Act (Aug. 20, 1996; 110 Stat. 1718) H.R. 3139/P.L. 104±187 To redesignate the United States Post Office building located at 245 Centereach Mall on the Middle Country Road in Centereach, New York, as the ``Rose Y. Caracappa United States Post Office Building''. (Aug. 20, 1996; 110 Stat. 1754) H.R. 3448/P.L. 104±188 Small Business Job Protection Act of 1996 (Aug. 20, 1996; 110 Stat. 1755) H.R. 3834/P.L. 104±189 To redesignate the Dunning Post Office in Chicago, Illinois, as the ``Roger P. McAuliffe Post Office''. (Aug. 20, 1996; 110 Stat. 1931) H.R. 3870/P.L. 104±190 To authorize the Agency for International Development to offer voluntary separation incentive payments to employees of that agency. (Aug. 20, 1996; 110 Stat. 1932) H.R. 3103/P.L. 104±191 Health Insurance Portability and Accountability Act of 1996 (Aug. 21, 1996; 110 Stat. 1936) H.R. 3680/P.L. 104±192 War Crimes Act of 1996 (Aug. 21, 1996; 110 Stat. 2104) H.R. 3734/P.L. 104±193 Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Aug. 22, 1996; 110 Stat. 2105) Last List August 21, 1996