Pages 2659±2890 Vol. 61 1±29±96 No. 19 federal register January 29,1996 Monday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996

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2 III

Contents Federal Register Vol. 61, No. 19

Monday, January 29, 1996

Agricultural Marketing Service NOTICES RULES Contract market proposals: Filberts/hazelnuts grown in Oregon and Washington, 2665– Chicago Mercantile Exchange— 2667 CME Argentine Brady Bond Index, etc., 2803

Agriculture Department Consumer Product Safety Commission See Agricultural Marketing Service NOTICES See Animal and Plant Health Inspection Service Meetings; Sunshine Act, 2868 See Farm Service Agency See Food Safety and Inspection Service Defense Department See Forest Service See Air Force Department RULES See Engineers Corps Immigration Reform and Control Act: Immigration and Nationality Act; replenishment agricultural worker program expiration; CFR part Defense Nuclear Facilities Safety Board removed, 2659–2660 NOTICES Special agricultural worker program expiration; CFR part Privacy Act: removed, 2659 Systems of records, 2826–2830

Air Force Department Drug Enforcement Administration NOTICES NOTICES Environmental statements; availability, etc.: Applications, hearings, determinations, etc.: Mountain Home AFB, ID; tactical training range, 2803– Humphreys, Earl A., M.D., 2840–2841 2804 Murphy, Terrence E., M.D., 2841–2847 Animal and Plant Health Inspection Service Education Department RULES Overtime services relating to imports and exports: NOTICES International commercial aircraft and vessels; quarantine Agency information collection activities: and inspection services; user fees, 2660–2665 Proposed collection; comment request, 2805–2806 NOTICES Environmental statements; availability, etc.: Energy Department Nonregulated status determinations— See Federal Energy Regulatory Commission Northrup King Co.; genetically engineered corn line, See Western Area Power Administration 2789–2790 Engineers Corps Army Department NOTICES See Engineers Corps Environmental statements; availability, etc.: Central and Southern Florida Project; comprehensive Census Bureau review study, 2804 NOTICES St. Paul, AK; harbor improvements, 2805 Agency information collection activities: Proposed collection; comment request, 2791 Environmental Protection Agency Children and Families Administration RULES PROPOSED RULES Clean Air Act: Child support enforcement program; required reporting to State operating permits programs— consumer reporting agencies; Federal regulatory South Dakota, 2720–2722 review, 2774–2781 Superfund program: Toxic chemical release reporting; community right-to- Commerce Department know— See Census Bureau Toxic release inventory reports, 2722–2723 See Export Administration Bureau PROPOSED RULES See International Trade Administration Air pollutants, hazardous; national emission standards: See National Oceanic and Atmospheric Administration National emission standards for hazardous air pollutants— Commodity Futures Trading Commission Radionuclide emissions from facilities licensed by RULES Nuclear Regulatory Commission and Federal Domestic exchange-traded commodity option transactions: facilities not owned or operated by Energy Futures commission merchants; disciplinary actions Department, 2765–2766 notification requirement, 2719–2720 Air programs: Foreign futures and options transactions: Outer Continental Shelf regulations— Tokyo Grain Exchange, 2717–2719 California, 2761–2765 IV Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Contents

Air quality implementation plans; approval and Class E airspace, 2711–2713, 2713–2715 promulgation; various States; air quality planning Class E airspace; correction, 2713 purposes; designation of areas: Standard instrument approach procedures, 2715–2717 Ohio, 2760–2761 PROPOSED RULES Air quality implementation plans; approval and Airworthiness directives: promulgation; various States: Boeing, 2730–2731 Texas, 2751–2760 Class D and Class E airspace, 2731–2732 Superfund program: NOTICES National oil and hazardous substances contingency Committees; establishment, renewal, termination, etc.: plan— Civil Tiltrotor Development Advisory Committee; National priorities list update, 2772–2774 termination, 2863 Water pollution control: Environmental statements; availability, etc.: Water quality standards— John F. Kennedy International and La Guardia Airports, Arizona surface waters, 2766–2772 NY; terminal doppler weather radar, 2864–2865 NOTICES Passenger facility charges; applications, etc.: Agency information collection activities: Nashville International Airport, TN, 2863–2864 Submission for OMB review; comment request, 2820 Clean Air Act: Federal Communications Commission Acid rain provisions— RULES Permits, 2820–2821 Organization, functions, and authority delegations: Sulfur dioxide control program; transferable allowances Workplace Diversity Office, 2727–2728 auctions and sales, 2821 PROPOSED RULES Committees; establishment, renewal, termination, etc.: Television broadcasting: Local Government Advisory Committee, 2821–2822 Closed captioning and video description of video Confidential business information and data transfer, 2822 programming; availability, cost, and uses; comments Drinking water: deadline extension, 2781–2782 Public water supply supervision program— NOTICES Arkansas et al., 2822 Agency information collection activities: Superfund; response and remedial actions, proposed Proposed collection; comment request, 2830–2834 settlements, etc.: Submission for OMB review; comment request, 2831 GE/Moreau Site, NY, 2823 Meetings; Sunshine Act, 2868 Industri-Plex Site, MA, 2824 Spectrum policy and management; en banc hearing, 2831– J&A Enterprises Site, AL, 2823 2832 Kin-Buc Landfill Site, NJ, 2823–2824 Ramapo Landfill Site, NY, 2825–2826 Federal Energy Regulatory Commission Sidney Landfill Site, NY, 2826 PROPOSED RULES Superfund program: Electric utilities (Federal Power Act): Prospective purchaser agreements— Open access non-discriminatory transmission services Kansas City Structural Steel Site, KS, 2824–2825 provided by public utilities— Wholesale competition promotion; stranded costs Executive Office of the President recovery, 2733 See Management and Budget Office NOTICES See Presidential Documents Electric rate and corporate regulation filings: Massachusetts Institute of Technology et al., 2806–2808 Export Administration Bureau South Carolina Public Service Authority et al., 2808–2812 NOTICES Environmental statements; availability, etc.: Meetings: International Paper Co. et al., 2812–2813 Transportation and Related Equipment Technical Hydroelectric applications, 2813–2715 Advisory Committee, 2791–2792 Applications, hearings, determinations, etc.: EnergyOnline Inc., 2815–2816 Farm Service Agency Kentucky Utilities Co., 2816 NOTICES Lawrenceburg Gas Co., 2816 Meetings: National Fuel Gas Supply Corp., 2816–2817 National Conservation Review Group, 2790 NorAm Gas Transmission Co., 2817 Federal Aviation Administration Pacific Gas Transmission, 2817 RULES Air carrier certification and operations: Federal Housing Finance Board Air carrier and commercial operator training programs; NOTICES correction, 2869 Meetings; Sunshine Act, 2868 Airworthiness directives: Airbus, 2697–2699 Federal Reserve System Allied Signal, Inc., 2699–2701 RULES Curtiss-Wright, 2701–2703 Securities credit transactions; OTC margin stocks list Franklin, 2703–2705 (Regulations G, T, U, and X), 2667–2671 General Dynamics, 2705–2706 NOTICES Michelin Aircraft Tire Corp., 2706–2708 Applications, hearings, determinations, etc.: Teledyne Continental Motors, 2708–2711 Regions Financial Corp. et al., 2832 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Contents V

Federal Retirement Thrift Investment Board Health Care Financing Administration RULES RULES Thrift savings plan: Medicare: District of Columbia Financial Responsibility and Hospital inpatient prospective payment systems and 1996 Management Authority employees participation, FY rates; correction, 2725–2727 2872–2874 Interior Department Federal Trade Commission See Fish and Wildlife Service NOTICES See Land Management Bureau Prohibited trade practices: NOTICES RxCare of Tennessee, Inc., 2833–2836 Meetings: Western Water Policy Review Advisory Commission, Financial Management Service 2838 See Fiscal Service Internal Revenue Service RULES Fiscal Service Income taxes: PROPOSED RULES S corporation; definition; correction, 2869 Financial management services: NOTICES Foreign exchange operations, 2750–2751 Privacy Act: Computer matching programs; correction, 2869 Fish and Wildlife Service NOTICES International Trade Administration Meetings: NOTICES Atlantic Coastal Fisheries Cooperative Management Act Antidumping: and Atlantic Striped Bass Conservation Act; Cut-to-length carbon steel plate from— coordination of activities, 2839–2840 Finland, 2792–2797 Countervailing duties: Food and Drug Administration Textile mill products from— PROPOSED RULES Thailand, 2797–2802 Biological products: Meetings: Well-characterized biotechnology products— U.S. Automotive Parts Advisory Committee, 2802 Approved application changes reporting, 2739–2748 Approved application changes reporting; guidance Justice Department availability, 2748–2750 See Drug Enforcement Administration Establishment license application requirement; elimination, 2733–2739 Land Management Bureau NOTICES NOTICES Meetings: Environmental statements; availability, etc.: Center for Biologics Evaluation and Research; standing Talapoosa Mine Project, NV, 2839 oversight committee to review use of refusal to file practices, 2836 Management and Budget Office NOTICES Food Safety and Inspection Service Budget rescissions and deferrals NOTICES Cumulative reports, 2882–2884 Reports; availability, etc.: Statistical information confidentiality, 2876–2879 Raw meat and poultry; nutritional labeling/safe handling National Highway Traffic Safety Administration information study, 2790–2791 NOTICES Motor vehicle safety standards; exemption petitions, etc.: Forest Service General Motors Corp., 2865–2866 NOTICES Panoz Auto Development Co., 2866 Meetings: Willamette Provincial Interagency Executive Committee National Institutes of Health Advisory Committee, 2791 NOTICES Agency information collection activities: General Services Administration Proposed collection; comment request, 2836 RULES Meetings: Federal Information Resources Management Regulation: Fogarty International Center Advisory Board, 2836–2837 Procurement authority delegations; requirements, 2723– National Cancer Institute, 2837 2725 National Institute of Mental Health, 2837–2838 National Institute on Deafness and Other Communication Health and Human Services Department Disorders, 2837 See Children and Families Administration See Food and Drug Administration National Oceanic and Atmospheric Administration See Health Care Financing Administration RULES See National Institutes of Health Fishery conservation and management: See Substance Abuse and Mental Health Services Gulf of Mexico and South Atlantic coastal migratory Administration pelagic resources, 2728–27291 VI Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Contents

PROPOSED RULES Standards for conducting business with SBA, 2679–2682 Fishery conservation and management: Freedom of Information Act and Privacy Act: Atlantic mackerel, squid and butterfish; correction, 2787– Federal regulatory review, 2671–2679 2788 Pacific Halibut Commission, International: Pacific halibut fisheries State Department Catch sharing plan, 2782–2787 NOTICES NOTICES Diversity immigrant visa program; registration, 2862–2863 Meetings: North Pacific Fishery Management Council, 2802–2803 Substance Abuse and Mental Health Services Administration National Science Foundation NOTICES NOTICES Agency information collection activities: Meetings: Proposed collection; comment request, 2838 Mathematical Sciences Special Emphasis Panel, 2847

Nuclear Regulatory Commission Surface Transportation Board NOTICES NOTICES Reports; availability, etc.: Committees; establishment, renewal, termination, etc.: Spent nuclear fuel and high-level radioactive waste; Railroad-Shipper Transportation Advisory Council, 2866– license application review plan for geologic 2867 repository, 2847 Applications, hearings, determinations, etc.: Transportation Department Shelton, James L., 2848 See Federal Aviation Administration Office of Management and Budget See National Highway Traffic Safety Administration See Management and Budget Office See Surface Transportation Board

Personnel Management Office Treasury Department NOTICES See Fiscal Service Meetings: See Internal Revenue Service Federal Prevailing Rate Advisory Committee, 2848

Presidential Documents United States Information Agency ADMINISTRATIVE ORDERS NOTICES Palestine Liberation Organization; suspending restriction on Art objects; importation for exhibition: U.S. relations (Presidential Determination No. 96-8 of Enamels of Limoges, 2867 January 4, 1996), 2889 Yugoslavia, Federal Republic of (Serbia and Montenegro); Western Area Power Administration sanctions suspension (Presidential Determination No. NOTICES 96-7 of December 27, 1995), 2887–2888 Post-2000 resource pool; Pick-Sloan Missouri Basin program, Eastern Division; proposed power allocation Public Health Service procedures, etc., 2817–2820 See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Separate Parts In This Issue Securities and Exchange Commission NOTICES Part II Self-regulatory organizations; proposed rule changes: Federal Retirement Thrift Investment Board, 2872–2874 American Stock Exchange, Inc., 2849–2850 Chicago Stock Exchange, Inc., 2850–2852 Part III Depository Trust Co., 2852–2853 Office of Management and Budget, 2876–2879 National Association of Securities Dealers, Inc., 2854– 2856 Part IV New York Stock Exchange, Inc., 2856–2858 Office of Management and Budget, 2882–2884 Philadelphia Stock Exchange, Inc., 2858–2860 Applications, hearings, determinations, etc.: Select Capital Growth Fund, Inc., 2860–2861 Part V Select Managed Fund, Inc., 2861–2862 The President, 2887–2889

Small Business Administration RULES Federal regulatory review: Reader Aids Procedure rules governing cases before Office of Hearings Additional information, including a list of public laws, and Appeals, 2682–2691 telephone numbers, and finding aids, appears in the Reader Program Fraud Civil Remedies Act regulations, 2691– Aids section at the end of this issue. 2697 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Contents VII

New Feature in the Reader Aids! The Reminders feature is intended as a reader aid only. Beginning with the issue of December 4, 1995, a new listing Neither inclusion nor exclusion in the listing has any legal will appear each day in the Reader Aids section of the significance. Federal Register called ‘‘Reminders’’. The Reminders will The Office of the Federal Register has been compiling data have two sections: ‘‘Rules Going Into Effect Today’’ and for the Reminders since the issue of November 1, 1995. No ‘‘Comments Due Next Week’’. Rules Going Into Effect documents published prior to November 1, 1995 will be Today will remind readers about Rules documents listed in Reminders. published in the past which go into effect ‘‘today’’. Comments Due Next Week will remind readers about impending closing dates for comments on Proposed Rules Electronic Bulletin Board documents published in past issues. Only those documents Free Electronic Bulletin Board service for Public Law published in the Rules and Proposed Rules sections of the numbers, Federal Register finding aids, and a list of Federal Register will be eligible for inclusion in the documents on public inspection is available on 202–275– Reminders. 1538 or 275–0920. VIII Federal Register / Vol. 61, No. 19 / Monday, January 29, 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 21 CFR Executive Orders: Proposed Rules: 12808 (See 314...... 2739 Presidential 600 (4 documents) ...... 2733, Determination No. 2739, 2748, 2749 96±7 of December 601 (4 documents) ...... 2733, 17, 1995)...... 2887 2739, 2748, 2749 12810 (See 31 CFR Presidential Proposed Rules: Determination No. 281...... 2750 96±7 of December 17, 1995)...... 2887 40 CFR 12831 (See 70...... 2720 Presidential 372...... 2722 Determination No. Proposed Rules: 96±7 of December 52 (2 documents) ....2751, 2760 17, 1995)...... 2887 55...... 2761 12846 (See 61...... 2765 Presidential 81...... 2760 131...... 2766 Determination No. 300...... 2772 96±7 of December 17, 1995)...... 2887 41 CFR 12934 (See 201-20...... 2723 Presidential 201-24...... 2723 Determination No. 42 CFR 96±7 of December 412...... 2725 17, 1995)...... 2887 413...... 2725 Administrative Orders: 45 CFR Presidential Determinations: Proposed Rules: No. 96±7 of December 301...... 2774 27, 1995 ...... 2887 302...... 2774 No. 96±8 of January 4, 303...... 2774 1996 ...... 2889 304...... 2774 306...... 2774 5 CFR 307...... 2774 1620...... 2875 7 CFR 47 CFR 1d...... 2659 0...... 2727 1e...... 2659 Proposed Rules: 354...... 2660 73...... 2781 982...... 2665 76...... 2781 12 CFR 50 CFR 207...... 2667 642...... 2728 220...... 2667 221...... 2667 Proposed Rules: 224...... 2667 301...... 2782 13 CFR 611...... 2787 102...... 2671 655...... 2787 103...... 2679 112...... 2682 113...... 2682 124...... 2682 132...... 2682 134...... 2682 136...... 2682 137...... 2671 142...... 2691 14 CFR 39 (7 documents) ...2697, 2699, 2701, 2703, 2705, 2706, 2708 71 (7 documents) ...2711, 2712, 2713, 2714, 2715 97...... 2715 Proposed Rules: 39...... 2730 71...... 2731 17 CFR 30...... 2717 33...... 2719 18 CFR Proposed Rules: 35...... 2733 2659

Rules and Regulations Federal Register Vol. 61, No. 19

Monday, January 29, 1996

This section of the FEDERAL REGISTER contained in regulations promulgated by EFFECTIVE DATE: February 28, 1996. contains regulatory documents having general the Secretary of Agriculture at 7 CFR FOR FURTHER INFORMATION CONTACT: applicability and legal effect, most of which Part 1d and defined the fruits, the are keyed to and codified in the Code of Mr. Al French, USDA, Telephone (202) vegetables, and the other perishable 720–4737, Internet: [email protected]. Federal Regulations, which is published under commodities in which field work 50 titles pursuant to 44 U.S.C. 1510. related to planting, cultural practices, SUPPLEMENTARY INFORMATION: The INA The Code of Federal Regulations is sold by cultivating, growing, and harvesting was amended by the IRCA (8 U.S.C. the Superintendent of Documents. Prices of would be considered SAS. 1161) to (1) control illegal immigration new books are listed in the first FEDERAL As the statutory authority for the into the United States and (2) make REGISTER issue of each week. SAW program has expired and Congress limited changes in the system for legal has given no indication that the program immigration. There was concern during will be reauthorized, USDA believes consideration of the IRCA that DEPARTMENT OF AGRICULTURE that it is appropriate to remove the employers in seasonal agricultural implementing regulations. services (SAS), who had come to rely on Office of the Secretary This regulatory action is being taken unauthorized aliens to perform field as part of the National Performance work, would be unable to obtain 7 CFR Part 1d Review program to eliminate sufficient legal workers to satisfy their RIN 0503±AA14 unnecessary regulations and improve needs. those that remain in force. To address this concern, the IRCA Expiration of the Special Agricultural added section 210 to the INA to List of Subjects in 7 CFR Part 1d Worker Program establish a program that granted Agriculture, Aliens, Immigration, AGENCY: Office of the Secretary, United temporary resident alien status to States Department of Agriculture. Labor, Migrant workers, Rural labor. special agricultural workers (SAWs) ACTION: Final rule. who could demonstrate that they PART 1dÐ[REMOVED] performed SAS for at least 90 man-days SUMMARY: This final rule removes the Accordingly, under the authority of 8 during the 12-month period ending May regulations of the United States U.S.C. 1160, Part 1d of title 7, subtitle 1, 1986. The definition of SAS is Department of Agriculture (USDA) A, of the Code of Federal Regulations is contained in regulations promulgated by relating to special agricultural workers removed. the Secretary of Agriculture at 7 CFR (SAWs) under section 210 of the Part 1d. The IRCA specifies that Done at Washington, DC, this 19th day of Immigration and Nationality Act (INA), January, 1996. individuals admitted under this as added by section 302 of the provision would not be required to Keith J. Collins, Immigration Reform and Control Act of continue working in agriculture, and in 1986 (IRCA). Specifically, this final rule Chief Economist. fact would be free to seek employment removes the USDA regulations [FR Doc. 96–1293 Filed 1–26–96; 8:45 am] in any occupation or industry. pertaining to the SAW program as the BILLING CODE 3410±01±M Because there was also concern that program expired on December 1, 1988. large numbers of SAWs would in fact EFFECTIVE DATE: February 28, 1996. 7 CFR Part 1e leave agricultural employment, which FOR FURTHER INFORMATION CONTACT: would again cause a shortage or workers Mr. Al French, USDA, Telephone (202) RIN 0503±AA13 to perform SAS, the IRCA added section 720–4737, Internet: [email protected]. 210A to the INA, which provides a Expiration of the Replenishment SUPPLEMENTARY INFORMATION: The INA system for admitting additional RAWs. was amended by the IRCA (8 U.S.C. Agricultural Worker Program The number of RAWs who were to be 1160) to (1) control illegal immigration AGENCY: Office of the Secretary, United admitted in any fiscal year (FY), into the United States and (2) make States Department of Agriculture. beginning with FY 1990 and ending limited changes in the system for legal ACTION: Final rule. with FY 1993, was the smaller of (1) the immigration. There was concern during annual numerical limitation established consideration of the IRCA that SUMMARY: This final rule removes the by formula in section 210A(b) of the employers in seasonal agricultural regulations of the United States INA, or (2) the shortage number services (SAS), who had come to rely on Department of Agriculture (USDA) determined by the Secretary of unauthorized aliens to perform field relating to additional special Agriculture and the Secretary of Labor work, would be unable to obtain agricultural workers known as (hereinafter ‘‘the Secretaries’’) in sufficient legal workers to satisfy their replenishment agricultural workers accordance with the formula in section needs. (RAWs) under section 210A of the 210A(a) of the INA. On January 2, 1990, To address this concern, the IRCA Immigration and Nationality Act (INA), USDA published in the Federal Register added section 210 to the INA to as added by section 303 of the at 55 FR 106 a final rule that set forth establish a program that granted Immigration Reform and Control Act of the procedure to be used by the temporary resident alien status to SAWs 1986 (IRCA). Specifically, this final rule Secretaries in determining the shortage who could demonstrate that they removes the USDA regulations number and the annual numerical performed SAS for at least 90 man-days pertaining to the RAW program as the limitation. The criteria under which during the 12-month period ending May program expired at the end of Fiscal individuals may qualify for RAW status 1, 1986. The definition of SAS is Year 1993. was established by the Immigration and 2660 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

Naturalization Service (INS) in which sail only between the United our proposal, the lower fee is necessary regulations located at 8 CFR Part 210a. States and Canada. to avoid collecting more revenue than In each of the three years during the EFFECTIVE DATE: March 1, 1996. needed to cover the costs of the services RAW program was authorized, the FOR FURTHER INFORMATION CONTACT: For we provide. Secretaries found the shortage number information concerning program Only three comments directly to be zero and no alien workers were operations, contact Mr. Don Thompson, addressed the proposed fee reduction. granted benefits under the program. Staff Officer, Port Operations, PPQ, One commenter expressed no ‘‘specific As the statutory authority for the APHIS, 4700 River Road, Unit 136, objection’’ to lowering the fee, but RAW program ha expired and Congress Riverdale, MD 20737–1236, (301) 734– ‘‘[took] exception to * * * lowering the has given no indication that the program 8295. fee charged * * * while overlooking the will be reauthorized, USDA believes For information concerning rate inadequate passenger inspection staffing that it is appropriate to remove the development, contact Ms. Donna Ford, levels.’’ A second commenter stated that implementing regulations. PPQ User Fees Section Head, FSSB, ‘‘it is almost impossible to reconcile this This regulatory action is being taken BAD, APHIS, 4700 River Road, Unit 54, proposed reduction with the current as part of the National Performance Riverdale, MD 20737–1232, (301) 734– levels of service provided by APHIS Review program to eliminate 5901. ** *’’. The third commenter expressed unnecessary regulations and improve displeasure with our collecting user fees those that remain in force. SUPPLEMENTARY INFORMATION: both from air passengers and from Background airlines, and suggested that the List of Subjects in 7 CFR Part 1e passenger fee alone should be adequate Agriculture, Aliens, Immigration, The regulations in 7 CFR 354.3 to cover all costs. Labor, Migrant workers, Rural labor. (referred to below as the ‘‘regulations’’) We are not making any changes based contain provisions for the collection of on these comments. The inspection PART 1eÐ[REMOVED] user fees for certain international service provided to airline passengers is services provided by the Animal and different than the inspection service Accordingly, under the authority of 8 Plant Health Inspection Service provided for aircraft. We therefore U.S.C. 1161, Part 1e of title 7, subtitle (APHIS). Among the services covered by charge separate user fees for these A, of the Code of Federal Regulations is these user fees are: (1) Servicing services. Aircraft user fees are paid by removed. international commercial aircraft and the airlines, passenger user fees are paid Done at Washington, DC, this 19th day of vessels arriving at ports in the customs by the individual passengers, and the January, 1996. territory of the United States; and (2) amount of each fee is based on the cost Keith J. Collins, certifying plants and plant products for of providing each service. Chief Economist. export. All government agencies are currently [FR Doc. 96–1294 Filed 1–26–96; 8:45 am] On May 24, 1995, we published a under mandate to reduce staff year document in the Federal Register (60 ceilings, i.e. the number of employees. BILLING CODE 3410±01±M FR 27437–27441, Docket 94–074–1) We have no plans to reduce the staff proposing various changes to these year ceilings in the AQI program and we Animal and Plant Health Inspection regulations. are considering ways to increase such Service We solicited comments concerning staff year ceilings. However, we would our proposal for 30 days ending June 23, have to review any increases carefully to 7 CFR Part 354 1995. We received 45 comments by that ensure sufficient staffing in other APHIS date from trade associations connected and U.S. Department of Agriculture [Docket No. 94±074±2] with the air travel industry, trade programs. associations representing various sectors One commenter stated that the RIN 0579±AA68 of the lumber industry, producers in the commercial aircraft inspection fee is User FeesÐCommercial Aircraft and lumber, flower, and other plant or plant- ‘‘contrary to and inconsistent with the Vessels; Phytosanitary Certificates related industries, members of Congress, international obligations of the United and private individuals. The comments States, and thus must be withdrawn.’’ AGENCY: Animal and Plant Health are discussed below by topic. The comment suggested that this APHIS Inspection Service, USDA. user fee violates the Convention on International Commercial Aircraft ACTION: Final rule. International Civil Aviation (‘‘Chicago We proposed to amend the user fee Convention’’) and certain specified SUMMARY: We are amending the user fee for agricultural quarantine and bilateral air transport service agreements regulations by lowering the fees charged inspection (AQI) services provided by and treaties, such as the U.S. Air for certain agricultural quarantine and APHIS in connection with the arrival of Transport Agreement with Italy. The inspection services we provide in an international commercial aircraft at a comment stated that this issue has been connection with the arrival of an port in the customs territory of the raised in previous rulemakings on international commercial aircraft at a United States. (The customs territory of APHIS user fees. port in the customs territory of the the United States is defined in the Although we have never previously United States. We are also amending the regulations as the 50 States, the District specifically addressed the U.S. Air user fee regulations by raising the fees of Columbia, and Puerto Rico.) the Transport Agreement with Italy, we charged for export certification of plants current user fee for services for believe our previous discussions of and plant products. We have international commercial aircraft is $61. these issues are also pertinent to this determined, based on a review of our We proposed to lower this user fee from agreement. Its language is similar, if not user fees, that the fees must be adjusted $61 to $53 for each arrival. We identical, to the many bilateral Air to reflect the actual cost of providing determined the proposed fee based on a Transport Services Agreements to which these services. In addition, we are review of user fees collected in FY 1993 the United States is a party, and which amending the user fee regulations to and FY 1994 and a projection of our cost we have addressed in previous Federal clarify the exemption for certain vessels and revenue for FY 1995. As stated in Register documents. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2661

On April 12, 1991, we discussed this making any change in our proposal or plant products and are provided to subject in a final rule published in the based on this comment. the exporters solely for their benefit. Federal Register (56 FR 14837–14846, The exporters could not import their Phytosanitary Certificates Docket No. 91–028; see pages 14840 and plant and plant products into most 14841), and concluded that APHIS The May 24, 1995, proposed rule also foreign countries without such a complied with the General Agreement proposed to raise user fees for certifying certificate. on Tariffs and Trade (GATT), the plants and plant products for export. APHIS inspectors and designated State 2. Eliminate Phytosanitary Certificate Caribbean Basin Economic Recovery Requirements Act, the U.S. Air Transport Agreement employees issue phytosanitary with Austria, the U.S.-Jamaican Bilateral certificates in accordance with the Several commenters suggested that Aviation Agreement of 1969, and that International Plant Protection phytosanitary certificates should not or the International Civil Aviation Convention and regulations in 7 CFR need not be required for certain Convention (ICAO) does not apply to part 353, certifying that agricultural products. As discussed above, APHIS. products being exported from the phytosanitary certificates are required Again, on January 9, 1992, in a final United States are free from injurious by the country importing the plant or rule published in the Federal Register insects and diseases. plant product; they are not required by (57 FR 755–773, Docket No. 91–135, see Virtually all of the comments we APHIS, the U.S. Department of pp. 762–763), we responded to the same received addressed these user fees. With Agriculture, or any other agency or or similar concerns. At that time, we one exception, the commenters were organization within the Federal addressed: (1) The Chicago Convention; opposed to any fee increase. The Government. Therefore, we are unable to eliminate certificate requirements. (2) bilateral air transport agreements comments raised the following issues: However, on August 16, 1995, we with Switzerland and the United 1. Economic Impact/Benefit to User published a proposal in the Federal Kingdom; (3) the United States-Japan Many commenters stated that the fees Register (60 FR 42472–42479, Docket Treaty of Friendship, Commerce and are unfair or too high, and raise the cost No. 90–117–1, see p. 72474) to allow, Navigation; (4) GATT; and (5) ICAO. We of doing business because they cannot under an agreement with the European continue to believe that the Chicago be passed on. Some commenters were Union, approved producers in the Convention and ICOA are inapplicable particularly concerned that small United States to complete their own to APHIS and that the user fees are in businesses will be harmed by the certificates for kiln-dried lumber and compliance with the bilateral air proposed increases in user fees. other plant products. The certificate transport agreements as well as the APHIS sympathizes with these requirement would not be eliminated, United States-Japan Treaty of commenters and has attempted to but obtaining a certificate would be Friendship, Commerce and Navigation, minimize the cost of the services, much simpler and less time consuming and GATT. thereby keeping the user fees at the for the recipient. We will continue to International Commercial Vessels lowest possible level for all users. Also, work with other countries for APHIS previously established a user fee improvements such as these. The May 24, 1995 proposal also category for low value commercial 3. Relationship of User Fee to Time sought to clarify the exemption from shipments in an attempt to minimize Spent Providing Service user fees for any vessel which sails only the impact on small businesses. between United States and Canadian However, when Congress authorized Several comments suggested that we ports. To aid the identification of APHIS to prescribe and collect user fees adjust our user fees to take into account vessels eligible for this exemption, we to recover the costs of inspecting plants how long it takes to provide the service proposed to require the Masters of such and plant products for export, it or whether we conduct an on-site vessels to state in their General specifically reduced APHIS’ inspection. Declaration, Customs Form 1301, that appropriation by the estimated amount After carefully considering this the vessel has sailed solely between the of providing such services. Currently, comment we have determined not to United States and Canada for the APHIS is not appropriated funds to make any changes in the proposed previous 2 years. cover the cost of providing these regulation. The time spent by APHIS None of the comments specifically services. Therefore, APHIS must charge employees is only part of the cost that addressed the proposal to clarify this user fees which recover the full cost of we must recover through user fees. exemption. One commenter, however, providing the service. For this reason, Supplies, overhead, equipment, stated that the exemption is inequitable APHIS cannot exempt certain classes of telephone, and numerous support costs and should be abolished because it users, such as small businesses, from must be included. A service may be allows these ships to be inspected the user fees, and cannot charge user provided faster in one instance than without payment of any user fees, and fees which recover less than the full cost another; however, our proposed user the result is that those who pay user fees of providing the service. fees reflect the average cost of providing for other APHIS services subsidize Another commenter stated that there particular services on a nationwide vessel inspections. is no benefit to the user that ‘‘caused’’ basis. To adjust the fee on the basis of These vessels were originally exempt the fee increase. We believe the the time it takes to provide the service from paying the user fee because they commenter’s intended meaning was that would increase the cost of the fees by pose little animal or plant disease or there is no benefit to the user which the additional time and expense pest risk to United States agriculture, justifies the fee increase. involved in customizing the fee for each and APHIS does not provide We disagree. The proposed user fees individual inspection and issuance of a agricultural quarantine inspection are designed to recover the cost of phytosanitary certificate. We believe services for them (see 56 FR 8150). providing phytosanitary certificates. such a system would be expensive to There has been no change in the animal These certificates are not required by administer and the additional expenses or plant risk posed by these vessels and APHIS or any other agency of the of such a system would, in turn, have we still do not provide inspection Federal Government. They are required to be included in the fee, raising it services to them. Therefore, we are not by foreign countries importing the plant further. 2662 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

4. Competitiveness The suggestions included changes in 8. State-Issued Phytosanitary Many comments stated that our procedures and paperwork. Certificates proposed user fees would make it We are always trying to reduce our A couple of comments addressed the difficult or impossible for U.S. products costs and operate as efficiently as fact that phytosanitary certificates are to compete in the international possible to maintain APHIS user fees at issued by some States, and those State- marketplace, especially as some foreign the lowest possible level. All of the issued certificates often cost less than countries, including Canada, do not suggestions made by commenters will federally-issued certificates. The charge for phytosanitary certificates. be carefully considered. If we determine commenters were concerned that APHIS Some comments also stated that our that changes in procedures and is ‘‘losing business’’ to States. The proposed user fees are anti-competitive paperwork requirements are practical commenters were also concerned that because some countries do not require and desirable, we will publish proposed recipients of State-issued certificates are certificates from exporters in certain changes for public comment in the not paying any fee to APHIS, although other countries. Comments also stated Federal Register. the certificates themselves are provided that our proposed user fees contradict 6. Effective Date by APHIS, which must also maintain efforts to increase U.S. exports and will files, track certificates, and otherwise inhibit exports. One comment suggested that we delay manage the program. We have carefully considered these the effective date of any final rule until APHIS provides a service to the comments, but are not making any January 1996. We understand the public and is not ‘‘in business’’ as such. changes based on them. Although some commenter’s desire to make business Because APHIS seeks to provide countries do not currently charge for plans and not have business already efficient and economical service, issuing phytosanitary certificates, user settled affected by increases in our user designated State officials are permitted fees for this service are being adopted by fees. This rule will not take effect until to issue phytosanitary certificates. Users more and more countries. In fact, as of 30 days after the date it is published in have the option of obtaining a May 17, 1995, Canada charges a user fee the Federal Register. This delay should phytosanitary certificate from a for all export phytosanitary certificates give the commenter and others time to designated State official, which is often (see May 17, 1995, Canada Gazette Part prepare. more convenient, and saves substantial II, Vol. 129, No. 10, SOR/DORS/95– 7. Calculations time and transportation costs. 218). Other countries, including New The commenters are correct that Zealand, France, Australia, Belgium and One comment objected that a APHIS provides certificates to States The Netherlands, also charge user fees disproportionate share of APHIS costs is and provides oversight of State for export phytosanitary certificates. allocated to agricultural exports. The programs. Although we have decided U.S. exporters are therefore not at a comment appears to say that APHIS is not to make any changes in the competitive disadvantage compared recovering 21 percent of the total cost proposed regulations at this time, we with exporters in other countries. for our agricultural quarantine and will analyze the issue to determine if To the best of our knowledge, there inspection (AQI) program through user further adjustments in the user fees are are no countries which do not require fees for phytosanitary certificates. The warranted. If we determine that changes phytosanitary certificates. However, comment also compares aircraft user are desirable, we will publish proposed some countries do not enforce their fees with phytosanitary certificate fees changes for comment in the Federal requirements in all cases. Also, some and states that each aircraft fee covers Register. countries have negotiated with up to 300 individual passenger individual trading partners and agreed inspections. 9. New Fee to adjust certain specific requirements, Neither of these statements is correct. One comment suggested that we such as, for example, who fills out the User fees for phytosanitary certificates establish a new category of user fee for form and who conducts the inspection, recover only that portion of the total issuing phytosanitary certificates for the to make certificates easier or cheaper to costs of the AQI program attributable to reexport of noncommercial shipments. obtain. For example, as mentioned phytosanitary certificate issuance. We are not aware of the need for such elsewhere in this document, we Phytosanitary certificates actually an additional category of user fee at this proposed to allow, under an agreement account for less than 5 percent of total time. However, we will keep this with the European Union, approved AQI program costs. More than 95 suggestion in mind as we continue to producers in the United States to percent of total AQI program costs is review the user fee program. If we complete their own certificates for kiln- recovered through other user fees or determine that there is a demand for dried lumber and certain other plant through appropriated funds. Among the this type of certificate, we will publish products. Because APHIS inspectors other user fees is a fee for international a proposed fee for public comment in would not inspect each export commercial aircraft. The user fee for the Federal Register. shipment, costs would be reduced for international commercial aircraft 10. Miscellaneous both APHIS and the exporter. In this recovers only the portion of total AQI situation the certificate requirement program costs attributable to One commenter asked who pays for would not be eliminated, but obtaining international commercial aircraft other services. We have user fees for a certificate would be simpler and less inspections. It does not cover inspection other services, where appropriate, and time consuming. of aircraft passengers. Passengers on the users of those services pay for them. international commercial aircraft pay a We do not have user fees for domestic 5. APHIS Costs and Procedures separate user fee for inspection services. programs. User fees apply only to Several comments suggested that This user fee recovers only that portion import and export services. APHIS should keep its costs as low as of total AQI program costs attributable The same commenter asked why we possible, to keep user fees as low as to international commercial aircraft ‘‘encourage foreign airlines.’’ This possible. Other comments, many of passenger inspections. Therefore, we are comment was apparently prompted by which made specific suggestions, stated making no changes based on these our proposal to lower the user fee for that APHIS should improve its service. comments. international commercial aircraft. This Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2663 user fee applies to all commercial two fees—one for the State agricultural exports was certified in aircraft arriving in the customs territory phytosanitary certificate and one for the 1993. Our original figure included only of the United States. Ownership of the Federal phytosanitary certificate. fruits and vegetables; major exports aircraft—foreign or domestic—is However, the exporter would save the such as lumber and wood products and irrelevant. The user fee is designed to cost of transporting the plants to the grain and cereals were not included. We recover the cost of inspection services designated APHIS office. have revised our Regulatory Flexibility provided to each aircraft. The fact that One commenter stated that he could Act analysis to reflect the correct figure. we proposed to lower the user fee only not figure out in advance what the user Four comments disagreed with our reflects the fact that the costs of fee would be for a phytosanitary conclusion that the proposed fees would providing this service were lower than certificate and did not understand how not have a significant economic impact anticipated. to obtain a refund of overpayments. This on a substantial number of small Another commenter stated that there situation only results when a entities. One stated that we should is a double charge for State certificates prospective exporter buys a block of compare the total user fees paid by the which are then endorsed by APHIS. We phytosanitary certificates from APHIS, affected industry with the profit believe the commenter has paying a fixed amount per certificate. generated by that industry, rather than misunderstood the system for issuing Because the user fee varies for different comparing user fee costs with overall Federal phytosanitary certificates. types of certificates, the actual user fee value of exports. Another stated that our Federal phytosanitary certificates are due for a particular phytosanitary analysis was valid only as to large issued only by APHIS officials or, in certificate is not known until the wholesale agriculture shipments. some States which cooperate with certificate is complete. For example, the We have carefully reviewed our APHIS, by designated State officials. user fee due for a low value commercial analysis. Based on the data available to Users pay only one fee for a Federal shipment may be less than the user fee us, we continue to believe the proposed phytosanitary certificate, although the already paid for the certificate. Under fees will not have a significant certificate may be obtained from a State these circumstances, the user is entitled economic impact on a substantial or APHIS official. to a refund from APHIS. We have an number of small entities. We would Some States require a State established refund system. The user have compared the amount of proposed phytosanitary certificate before allowing should contact the APHIS office where user fees with business profits if this plants or plant products to be moved the block of certificates was purchased were possible. However, information on into their territory from other parts of to arrange for a refund. profits from sales is proprietary for the United States. State phytosanitary One commenter also stated that many small entities and not part of the certificates are generally not valid for APHIS no longer issues phytosanitary public record. In order to minimize any exports to another country.1 If a shipper certificates for as many different plant potential impact from increased user obtains, and pays for, a State and plant products as the agency once fees, small exporters could work phytosanitary certificate to ship a did. This is correct. Because importing through brokers to combine shipments. commodity interstate, and the shipper countries have stopped requiring Therefore, based on the rationale set then decides to export the plant or plant phytosanitary certificates for some forth in the proposed rule and in this products instead, then the shipper must plants and plant products, APHIS has document, we are adopting the obtain a Federal certificate either from stopped issuing phytosanitary provisions of the proposal as a final the State, if it issues Federal certificates for these plants and plant rule, without change. products. phytosanitary certificates, or from Executive Order 12866 and Regulatory APHIS. If the shipper obtains a 11. Regulatory Impact Analysis Flexibility Act certificate from APHIS, the user fee due for APHIS’ certification is not a double One comment stated that we have not This rule has been reviewed under charge: The Federal phytosanitary conducted an economic analysis of the Executive Order 12866. The rule has certificate is a separate document issued proposed phytosanitary certificate fees. been determined to be significant for the for a different purpose. This is incorrect. Our analysis was purposes of Executive Order 12866 and, There are two ways to obtain a included in the proposed regulations at therefore, has been reviewed by the federally-issued phytosanitary 60 FR 27439–27440. An updated Office of Management and Budget. certificate for plants regulated under the analysis, using the most current data This rule will increase the user fees Endangered Species Act of 1973, as available at the time this was written, is for phytosanitary certificates to recover amended (16 U.S.C. 1531 et seq.). The a part of this document. the cost to APHIS of providing export exporter has a choice—he or she can One comment stated that if we raise certification services for plants and either obtain a State phytosanitary the user fees for phytosanitary plant products. This rule will also certificate and forward it to certain certificates, the number of certificates reduce the user fee for international designated APHIS offices, which will APHIS issues will decline. The commercial aircraft to correspond with issue a Federal phytosanitary certificate commenter may be correct. However, the cost to APHIS of providing services. to the exporter by mail; or the exporter we do not have data to show how much Amendments to user fees are necessary can bring the plants to the nearest of a decline might occur. Regardless, we to adjust for changes in service volume designated APHIS office and APHIS are required to recover the cost of and service costs. Federal phytosanitary certificates personnel will issue the Federal providing the service. Therefore, it is must be issued by APHIS or, as phytosanitary certificate directly to the necessary to increase our fees for issuing explained earlier, by designated State exporter. Which method to use is up to phytosanitary certificates. Another comment questioned our employees in States that cooperate with the exporter. If the exporter chooses to statement that $3 billion in exports was APHIS, to be accepted in international obtain a State phytosanitary certificate certified during 1993, and suggested it commerce. Federal phytosanitary and forward it to APHIS, there will be should be much higher. We have certificates must accompany the 1 For certain products from certain States, some rechecked all of our figures and find majority of agricultural commodities countries may accept a State phytosanitary that the commenter is correct. In fact, (except livestock products) traded. certificate. approximately $39 billion in Traded commodities generally include 2664 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations cereals and grains (such as soybeans, requiring phytosanitary certificates and local laws and regulations that are wheat, and corn), fruits and vegetables, exported in 1993, estimated at $39 inconsistent with this rule; (2) has no other nursery and horticultural billion, is sufficiently large to retroactive effect; and (3) does not products, and lumber and wood incorporate the 0.012 percent ($4.7 require administrative proceedings products. In 1993, the value of exported million) in total user fee collection; before parties may file suit in court agricultural products requiring consequently, the impact on U.S. challenging this rule. phytosanitary certificates was estimated producers and exporters is expected to at $39 billion. be very small. Paperwork Reduction Act Current user fees for phytosanitary Phytosanitary certificates for In accordance with the Paperwork certificates do not fully recover APHIS’ noncommercial exporters are generally Reduction Act of 1980 (44 U.S.C. 3501 costs for services performed. In fiscal issued to individuals and to exporters of et seq.), the information collection or year 1994, the total cost of providing low value commodities. The user fee for recordkeeping requirements included in phytosanitary certificate services was this category of phytosanitary certificate this rule have been approved by the $4,314,000, while total fee collections will increase from $19 to $23, an Office of Management and Budget amounted only to $3,015,000 when the increase of 21 percent. Although user (OMB), and there are no new fees were $30 for commercial fees represent a proportionately larger requirements. The assigned OMB certificates and $19 for noncommercial share of the total value of control number is 1515–0062. certificates. The reason for the noncommercial and low value exports, discrepancy is that we overestimated these small exports may possess a much List of Subjects in 7 CFR Part 354 the number of certificates and higher value in the foreign country than Exports, Government employees, underestimated the time to issue a in the United States. Moreover, exports Imports, Plant diseases and pests, certificate, thereby underestimating the by individuals may be gift items with Quarantine, Reporting and cost of issuing each certificate. The total nonmonetary values offsetting some of recordkeeping requirements, Travel and program cost for the 1995 fiscal year, the effect of the fee increase. transportation expenses. which we should have recovered SBA criteria for a small airline is that Accordingly, 7 CFR part 354 is through user fees, was estimated at it have 1,500 or fewer employees. Data amended as follows: $4,707,000. This amount includes costs from the 1988 Census indicates that associated with the direct charges for there were 67 domestic and PART 354ÐOVERTIME SERVICES program delivery and associated international airline operators RELATING TO IMPORTS AND allocations for program direction and employing a total of 481,000 employees. EXPORTS; AND USER FEES support, agency support, departmental Although the size distribution of air 1. The authority citation for part 354 charges, and Office of the General carriers that enter the customs territory continues to read as follows: Counsel services. If the proposed fee of the United States is unknown, the increases are adopted, estimated effect of the proposed user fee change, Authority: 7 U.S.C. 2260; 21 U.S.C. 136 collections would rise to $4,717,947 regardless of carrier size, is positive— and 136a; 49 U.S.C. 1741; 7 CFR 2.17, 2.51, annually. we are proposing a 13 percent user fee and 371.2(c). Exporters of agricultural commodities reduction, from $61 to $53 per aircraft. § 354.3 [Amended] will be affected by this rule. The The lower fee is sufficient to recover the 2. Section 354.3 is amended as Regulatory Flexibility Act requires full cost of providing aircraft inspection follows: APHIS to address the economic impact services, without collecting more a. By revising paragraph (b)(2)(vi) to of imposing user fees on ‘‘small’’ revenue than needed to recover costs. read as set forth below. entities. The Small Business The estimated cost to provide b. In paragraph (e)(1), the last Administration (SBA) criteria for a inspection services for international sentence, by removing ‘‘$61.00’’ and small wholesale business engaged in the commercial aircraft in FY 1995 is $18 adding ‘‘$53’’ in its place. trading of fresh fruits and vegetables is million. At the proposed user fee of $53 c. In paragraph (g)(5)(i)(A), by that the business have 100 or fewer per aircraft and a projected FY 1995 removing ‘‘$30’’ and adding ‘‘$50’’ in its employees. SBA criteria for a small crop commercial aircraft volume of 346,204, place. production business is that it have total collections would amount to $18.3 d. In paragraph (g)(5)(i)(B), by annual revenues up to $500,000. million. removing ‘‘$19’’ and adding ‘‘$23’’ in its Approximately 98,387 federally- Under these circumstances, the place. issued phytosanitary certificates were Administrator of the Animal and Plant e. In paragraph (g)(5)(ii), by removing issued in 1994. Certificates for Health Inspection Service has ‘‘$19’’ and adding ‘‘$23’’ in its place. commercial shipments are issued to determined that this action will not f. In paragraph (g)(5)(iii)(A), by wholesale businesses engaged in the have a significant economic impact on removing ‘‘$30’’ and adding ‘‘$50’’ in its trading of cereals and grains, fresh fruits a substantial number of small entities. place. and vegetables, other nursery and g. In paragraph (g)(5)(iii)(B), by horticultural products, and lumber and Executive Order 12372 removing ‘‘$19’’ and adding ‘‘$23’’ in its wood products. Certificates are also This program/activity is listed in the place. issued to export brokers who handle Catalog of Federal Domestic Assistance h. In paragraph (g)(5)(iv), by removing shipments of produce from various under No. 10.025 and is subject to ‘‘$30’’ and adding ‘‘$50’’ in its place. sources. The proportion of exporters in Executive Order 12372, which requires i. In paragraph (g)(5)(v), by removing this group which may qualify as small intergovernmental consultation with ‘‘$6’’ and adding ‘‘$7’’ in its place. is unknown. It is likely that a large State and local officials. (See 7 CFR part j. In paragraph (h)(2), by removing number of these brokers employ fewer 3015, subpart V.) ‘‘$6’’ and adding ‘‘$7’’ in its place. than 100 workers. k. By adding at the end of the section The value of an average commercial Executive Order 12778 the following: ‘‘(Approved by the Office shipment greatly exceeds the increase in This rule has been reviewed under of Management and Budget under the $30 user fee up to the $50 user fee. Executive Order 12778, Civil Justice control numbers 1515–0062, 0579–0094, The total value of agricultural products Reform. This rule: (1) Preempts all State or 0579–0052)’’. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2665

§ 354.3 User fees for certain international ADDRESSES: Interested persons are district in which the handler is an services. invited to submit written comments inhabitant, or has his or her principal * * * * * concerning this rule to: Docket Clerk, place of business, has jurisdiction in (b) * * * Fruit and Vegetable Division, AMS, equity to review the Secretary’s ruling (2) * * * USDA, Room 2525–S, P.O. Box 96456, on the petition, provided a bill in equity (vi) Any vessel which sails only Washington, DC 20090–6456. Three is filed not later than 20 days after the between United States and Canadian copies of all written material shall be date of the entry of the ruling. ports, when the Master of such vessel submitted, and they will be made Pursuant to requirements set forth in arriving from Canada certifies, in the available for public inspection at the the Regulatory Flexibility Act (RFA), the ‘‘Remarks’’ block of the General office of the Docket Clerk during regular Administrator of the Agricultural Declaration, Customs Form 1301, that business hours. All comments should Marketing Service (AMS) has the vessel has sailed solely between the reference the docket number, date, and considered the economic impact of this United States and Canada for the page number of this issue of the Federal rule on small entities. previous 2 years. Register. The purpose of the RFA is to fit regulatory actions to the scale of * * * * * FOR FURTHER INFORMATION CONTACT: business subject to such actions in order (Approved by the Office of Management and Teresa L. Hutchinson, Marketing Budget under control numbers 1515–0062, that small businesses will not be unduly Specialist, Northwest Marketing Field 0579–0094, or 0579–0052) or disproportionately burdened. Office, Fruit and Vegetable Division, Marketing orders issued pursuant to the Done in Washington, DC, this 24th day of Agricultural Marketing Service, USDA, January 1996. Act, and rules issued thereunder, are 1220 SW Third Ave., Room 369, unique in that they are brought about Lonnie J. King, Portland, OR 97204; telephone (503) through group action of essentially Administrator, Animal and Plant Health 326–2725 or Mark A. Slupek, Marketing small entities acting on their own Inspection Service. Specialist, Marketing Order behalf. Thus, both statutes have small [FR Doc. 96–1506 Filed 1–26–96; 8:45 am] Administration Branch, Fruit and BILLING CODE 3410±34±P entity orientation and compatibility. Vegetable Division, AMS, USDA, Room There are approximately 1,000 2536–S, P.O. Box 96456, Washington, producers of filberts/hazelnuts in the DC 20090–6456; telephone: (202) 205– Agricultural Marketing Service production area and approximately 25 2830. handlers subject to regulation under the 7 CFR Part 982 SUPPLEMENTARY INFORMATION: This rule marketing order. Small agricultural is issued under Marketing Agreement producers have been defined by the [Docket No. FV95±982±2IFR] and Order No. 982 (7 CFR Part 982), Small Business Administration (13 CFR Filberts/Hazelnuts Grown in Oregon both as amended, regulating the 121.601) as those having annual receipts and Washington; Establishment of handling of filberts/hazelnuts grown in of less than $500,000, and small Interim and Final Free and Restricted Oregon and Washington. This order is agricultural service firms are defined as Percentages for the 1995±96 Marketing effective under the Agricultural those whose annual receipts are less Year Marketing Agreement Act of 1937, as than $5,000,000. The majority of amended (7 U.S.C. 601–674), hereinafter handlers and producers of filberts/ AGENCY: Agricultural Marketing Service, referred to as the ‘‘Act.’’ hazelnuts may be classified as small USDA. The Department of Agriculture entities. ACTION: Interim final rule with request (Department) is issuing this rule in The Board’s recommendation and this for comments. conformance with Executive Order interim final rule are based on 12866. requirements specified in the order. SUMMARY: This interim final rule This rule has been reviewed under This rule establishes the amount of establishes interim and final free and Executive Order 12778, Civil Justice inshell filberts/hazelnuts that may be restricted percentages for domestic Reform. It is intended that this action marketed in domestic markets. The inshell filberts/hazelnuts for the 1995– apply to all merchantable filberts/ domestic outlets for this commodity are 96 marketing year under the Federal hazelnuts handled during the 1995–96 characterized by limited demand, and marketing order for filberts/hazelnuts marketing year. This rule will not the establishment of interim and final grown in Oregon and Washington. The preempt any State or local laws, free and restricted percentages will percentages allocate the quantity of regulations, or policies, unless they benefit the industry by promoting domestically produced filberts/ present an irreconcilable conflict with stronger marketing conditions and hazelnuts which may be marketed in the this rule. stabilizing prices and supplies, thus domestic inshell market. The The Act provides that administrative improving grower returns. percentages are intended to stabilize the proceedings must be exhausted before The Board is required to meet prior to supply of domestic inshell filberts/ parties may file suit in court. Under September 20 of each marketing year to hazelnuts to meet the limited domestic section 608c(15)(A) of the Act, any compute an inshell trade demand and demand for such filberts/hazelnuts and handler subject to an order may file preliminary free and restricted provide reasonable returns to producers. with the Secretary a petition stating that percentages, if the use of volume This rule was recommended the order, any provision of the order, or regulation is recommended during the unanimously by the Filbert/Hazelnut any obligation imposed in connection season. The order prescribes formulas Marketing Board (Board), which is the with the order is not in accordance with for computing the inshell trade demand, agency responsible for local law and request a modification of the as well as preliminary, interim final, administration of the order. order or to be exempted therefrom. A and final percentages. The inshell trade DATES: Effective January 29, 1996. handler is afforded the opportunity for demand establishes the amount of Comments which are received by a hearing on the petition. After the inshell filberts/hazelnuts the handlers February 28, 1996 will be considered hearing, the Secretary would rule on the may ship to the domestic market prior to any finalization of the interim petition. The Act provides that the throughout the season, and the final rule. district court of the United States in any percentages release the volume of 2666 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations filberts/hazelnuts necessary to meet the carryover into the following season. The Tons inshell trade demand. The preliminary final free and restricted percentages percentages provide for the release of 80 must be effective at least 30 days prior (4) Plus percent of the inshell trade demand. to the end of the marketing year (July 1 undeclared The interim final percentages release through June 30), or earlier, if carryin as of 100 percent of the inshell trade demand. recommended by the Board and July 1, 1995, The inshell trade demand equals the subject to regu- approved by the Secretary. In addition, lation ...... 11 average of the preceding three ‘‘normal’’ revisions in the marketing policy can be (5) Supply subject years’ trade acquisitions of inshell made until February 15 of each to regulation filberts/hazelnuts, rounded to the marketing year. However, the inshell (Item 3 plus nearest whole number. The Board may trade demand can only be revised Item 4) ...... 35,545 increase such figure by no more than 25 upward. Inshell Trade De- percent, if market conditions warrant mand: In accordance with order provisions, (6) Average trade such an increase. The final free and the Board met on November 15, 1995, restricted percentages release an acquisitions of reviewed and approved an amended additional 15 percent of the average of inshell filberts/ marketing policy and recommended the hazelnuts for the preceding three years’ trade establishment of interim final and final three prior acquisitions of inshell filberts/hazelnuts free and restricted percentages. Interim years ...... 4,247 for desirable carryout. Desirable final percentages were recommended at (7) Increase to en- carryout is used for early season 12 percent free and 88 percent courage in- shipments until the new crop is creased sales restricted, and final free and restricted available for market. (15 percent of The preliminary free and restricted percentages were recommended at 14 Item 6) ...... 637 percentages make available portions of percent and 86 percent, respectively. (8) Less declared the filbert/hazelnut supply subject to The Board also recommended that the carryin as of regulation which may be marketed in final percentages be effective on June 1, July 1, 1995, not subject to domestic inshell markets (free) and 1996, which is 30 days prior to the end of the season. The interim final regulation ...... 536 exported, shelled, or otherwise disposed (9) Adjusted of (restricted) early in the 1995–96 percentages make an additional 870 tons of inshell filberts/hazelnuts available for Inshell Trade season. The preliminary free percentage Demand ...... 4,348 is expressed as a percentage of the total the domestic inshell market. The (10) 15 percent of supply subject to regulation and is interim final marketing percentages are the average based on preliminary crop estimates. based on the industry’s final production trade acquisi- The majority of domestic inshell estimates and release 4,348 tons to the tions of inshell filberts/hazelnuts are marketed in domestic inshell market from the 1995 filberts/hazel- October, November, and December. By supply subject to regulation. The final nuts for three prior years November, the marketing season is well marketing percentages release an additional 637 tons from the 1995 crop (Item 6) ...... 637 under way. (11) Adjusted At its August 28, 1995, meeting, the for domestic use. Thus, a total of 4,985 Inshell Trade Board computed and announced tons of inshell filberts/hazelnuts will be Demand plus preliminary free and restricted available from the 1995 supply subject 15 percent for percentages of 10 percent and 90 to regulation for domestic use when the carryout (Item 9 percent, respectively, to release 80 final percentages are established. The plus Item 10) ...... 4,985 percent of the inshell trade demand. National Agricultural Statistics Service Percentages: Free Restricted The purpose of releasing only 80 (NASS) estimated filbert/hazelnut (12) Interim final percent of the inshell trade demand production at 38,000 tons for the Oregon percentages 12 and Washington area. The Board 88 (Item 9 di- under the preliminary percentage was to vided by Item 5) guard against underestimates of crop unanimously voted to accept the NASS x 100 ...... 12 88 size. The preliminary free percentage estimate. (13) Final percent- released 3,478 tons of filberts/hazelnuts The marketing percentages are based ages (Item 11 from the 1995 supply for domestic on the Board’s production estimates and divided by Item inshell use. The preliminary restricted the following supply and demand 5) x 100 ...... 14 86 percentage is 100 percent minus the free information for the 1995–96 marketing In addition to complying with the percentage. year: On or before November 15, the Board provisions of the marketing order, the must meet again to recommend interim Tons Board also considers the Department’s final and final percentages. The Board 1982 ‘‘Guidelines for Fruit, Vegetable, uses current crop estimates to calculate Inshell Supply: and Specialty Crop Marketing Orders’’ the interim final and final percentages. (1) Total produc- (Guidelines) when making its The interim final percentages are tion (NASS esti- computations in the marketing policy. calculated in the same way as the mate) ...... 38,000 This volume control regulation provides preliminary percentages and release 100 (2) Less sub- a method to collectively limit the percent of the inshell trade demand standard, farm supply of inshell filberts/hazelnuts use (disappear- available for sale in domestic markets. previously computed by the Board for ance) ...... 2,466 the marketing year. Final free and (3) Merchantable The Guidelines provide that the restricted percentages release an production (the domestic inshell market have available additional 15 percent of the average of Board's ad- a quantity equal to 110 percent of prior the preceding three years’ trade justed crop esti- years’ shipments in those outlets before acquisitions to provide an adequate mate) ...... 35,534 secondary market allocations are Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2667 approved. This provides for plentiful PART 982ÐFILBERTS/HAZELNUTS Supervision and Regulation, (202) 452– supplies for consumers and for market GROWN IN OREGON AND 2781, Board of Governors of the Federal expansion while retaining the WASHINGTON Reserve System, Washington, D.C. mechanism for dealing with oversupply 20551. For the hearing impaired only, situations. At its August 28, 1995, 1. The authority citation for 7 CFR contact Dorothea Thompson, part 982 continues to read as follows: meeting, the Board recommended that Telecommunications Device for the Deaf an increase of 15 percent (637 tons) for Authority: 7 U.S.C. 601–674. (TDD) at (202) 452–3544. market expansion be included in the 2. Section 982.243 is added to read as SUPPLEMENTARY INFORMATION: Listed inshell trade demand which was used to follows: below are additions to and deletions compute the interim percentages. The from the OTC List, which was last Note: This section will not be published in published on October 30, 1995 (60 FR established final percentages are based the annual Code of Federal Regulations. on the final inshell trade demand, and 55183), and became effective November will make available an additional 637 § 982.243 Free and restricted 13, 1995. A copy of the complete OTC tons for desirable carryout. The total percentagesÐ1995±96 marketing year. List is available from the Federal free supply will be the final trade (a) The interim final free and Reserve Banks. The OTC List includes those stocks demand of 4,985 tons plus the declared restricted percentages for merchantable that meet the criteria in Regulations G, carryin of 536 tons or 5,521 tons. This filberts/hazelnuts for the 1995–96 marketing year shall be 12 and 88 T and U (12 CFR Parts 207, 220 and 221, is 130 percent of prior years’ sales and respectively). This determination also exceeds the goal of the Guidelines. percent, respectively. (b) On June 1, 1996, the final free and affects the applicability of Regulation X Based on the above, the Administrator restricted percentages for merchantable (12 CFR Part 224). These stocks have the of the AMS has determined that this filberts/hazelnuts for the 1995–96 degree of national investor interest, the depth and breadth of market, and the interim final rule will not have a marketing year shall be 14 and 86 availability of information respecting significant economic impact on a percent, respectively. substantial number of small entities. the stock and its issuer to warrant Written comments, timely received in Dated: January 22, 1996. regulation in the same fashion as response to this action, will be Sharon Bomer Lauritsen, exchange-traded securities. The OTC considered before finalization of this Deputy Director, Fruit and Vegetable Division. List also includes any OTC stock rule. [FR Doc. 96–1295 Filed 1–26–96; 8:45 am] designated for trading in the national BILLING CODE 3410±02±P market system (NMS security) under After consideration of all available rules approved by the Securities and information, it is found that the Exchange Commission (SEC). establishment of interim final and final FEDERAL RESERVE SYSTEM Additional OTC stocks may be free and restricted percentages, as designated as NMS securities in the hereinafter set forth, will tend to 12 CFR Parts 207, 220, 221 and 224 interim between the Board’s quarterly effectuate the declared policy of the Act. publications. They will become Pursuant to 5 U.S.C. 553, it is also [Regulations G, T, U and X] automatically marginable upon the effective date of their NMS designation. found and determined, upon good Securities Credit Transactions; List of cause, that it is impracticable, The names of these stocks are available Marginable OTC Stocks; List of at the SEC and at the National unnecessary, and contrary to the public Foreign Margin Stocks interest to give preliminary notice prior Association of Securities Dealers, Inc. to putting this rule into effect, and that AGENCY: Board of Governors of the and will be incorporated into the good cause exists for not postponing the Federal Reserve System. Board’s next quarterly publication of the OTC List. effective date of this action until 30 days ACTION: Final rule; determination of There are no new additions, deletions applicability of regulations. after publication in the Federal Register or changes to the Board’s Foreign List, because: (1) The 1995–96 marketing which was last published on October year began July 1, 1995, and the SUMMARY: The List of Marginable OTC Stocks (OTC List) is composed of stocks 30, 1995 (60 FR 55183), and which percentages established herein apply to became effective November 13, 1995. all merchantable filberts/hazelnuts traded over-the-counter (OTC) in the United States that have been determined The Foreign List includes those foreign handled from the beginning of the crop by the Board of Governors of the Federal equity securities that meet the criteria in year; (2) handlers are aware of this rule, Reserve System to be subject to the section 220.17 of Regulation T and are which was recommended at an open margin requirements under certain eligible for margin treatment at broker- Board meeting, and need no additional Federal Reserve regulations. The List of dealers on the same basis as domestic time to comply with this rule; and (3) Foreign Margin Stocks (Foreign List) is margin securities. A copy of the interested persons are provided a 30-day composed of foreign equity securities complete Foreign List is available from comment period in which to respond. that have met the Board’s eligibility the Federal Reserve Banks. All comments timely received will be criteria under Regulation T. The OTC Public Comment and Deferred Effective considered prior to finalization of this List and the Foreign List are published Date action. four times a year by the Board. This The requirements of 5 U.S.C. 553 with List of Subjects in 7 CFR Part 982 document sets forth additions to and respect to notice and public deletions from the previous OTC List. participation were not followed in Filberts, Hazelnuts, Marketing There are no additions to or deletions connection with the issuance of this agreements, Nuts, Reporting and from the previous Foreign List. amendment due to the objective recordkeeping requirements. EFFECTIVE DATE: February 12, 1996. character of the criteria for inclusion For the reasons set forth in the FOR FURTHER INFORMATION CONTACT: and continued inclusion on the Lists preamble, 7 CFR Part 982 is amended as Peggy Wolffrum, Securities Regulation specified in 12 CFR 207.6(a) and (b), follows: Analyst, Division of Banking 220.17(a), (b), (c) and (d), and 221.7(a) 2668 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations and (b). No additional useful Ordinary shares (NIS .01) $.01 par common information would be gained by public CPI AEROSTRUCTRUES, INC. ADVANCE ROSS CORPORATION participation. The full requirements of 5 $.001 par common $.10 par common DEP CORPORATION ADVANTAGE COMPANIES, INC. U.S.C. 553 with respect to deferred $.01 par common No par common effective date have not been followed in Class A, $.01 par common AMERICAN CITY BUSINESS JOURNALS, connection with the issuance of this DIPLOMAT CORPORATION INC. amendment because the Board finds Warrants () expire 11–04–98) $.01 par common that it is in the public interest to ECOSCIENCE CORPORATION AMERICAN CONSUMER PRODUCTS, INC. facilitate investment and credit $.01 par common $.10 par common decisions based in whole or in part EFI ELECTRONICS CORPORATION AMERICAN ELECTRONIC COMPONENTS, upon the composition of these Lists as $.0001 par common INC. HAMBURGER HAMLET RESTAURANTS, No par common soon as possible. The Board has INC. AMFED FINANCIAL, INC. responded to a request by the public $.01 par common $.01 par common and allowed approximately a two-week HFS INCORPORATED APPLIED IMMUNE SCIENCES, INC. delay before the Lists are effective. Warrants (expire 08–10–98) $.01 par common HUDSON TECHNOLOGIES, INC. ARAMED, INC. List of Subjects Warrants (expire 11–02–99) $.01 par callable common 12 CFR Part 207 INDENET, INC. ARAN ENERGY PLC Class B, warrants (expire 08–31–98) American Depositary Receipts Banks, Banking, Credit, Margin, INTERFACE SYSTEMS, INC. BANCTEC, INC. (TX) Margin requirements, National Market Warrants (expire 12–29–95) $.01 par common System (NMS Security), Reporting and INTERFACE, INC. BANK SOUTH CORPORATION (GA) recordkeeping requirements, Securities. 8% convertible debentures due 2013 $5.00 par common INTERNATIONAL NURSING SERVICE BAY RIDGE BANCORP, INC. 12 CFR Part 220 12% cumulative convertible preferred $.10 par common INTERNATIONAL TOURIST BIOSAFETY SYSTEMS, INC. Banks, Banking, Brokers, Credit, ENTERTAINMENT CORP. $.01 par common Margin, Margin requirements, $.001 par common BOLLE AMERICA, INC. Investments, National Market System LM ERICSSON TELEPHONE COMPANY $.01 par common (NMS Security), Reporting and Rights BRAINTREE SAVINGS BANK (MA) recordkeeping requirements, Securities. LOUISVILLE GAS & ELECTRIC CO. $1.00 par common 7.45% preferred stock C C H INC. 12 CFR Part 221 MEDALLIANCE INC. Class A, $1.00 par common $.01 par common Class B, $1.00 par common Banks, Banking, Credit, Margin, MET-COIL SYSTEMS CORPORATION CAPITAL BANCORPORATION, INC. (MO) Margin requirements, National Market $.01 par common $.10 par common System (NMS Security), Reporting and MICROS-TO-MAINFRAMES, INC. Depositary shares recordkeeping requirements, Securities. Warrants (expire 10–26–97) CARELINE, INC. MONACO FINANCE, INC. $.0001 par common 12 CFR Part 224 Class B, warrants (expire 12–11–95) CF BANCORP, INC. Banks, Banking, Borrowers, Credit, NDC AUTOMATION, INC. $.01 par common CHARTER FEDERAL SAVINGS BANK (VA) Margin, Margin requirements, Reporting $.01 par common ORBIT INTERNATIONAL CORPORATION $.01 par common and recordkeeping requirements, $.10 par common CITIZENS FEDERAL BANK, FSB Securities. PEASE OIL AND GAS COMPANY Series 1993 A, 8.75% par noncumulative Accordingly, pursuant to the Series A, $.01 par cumulative convertible preferred authority of sections 7 and 23 of the preferred COLUMBIA FIRST BANK, FSB Securities Exchange Act of 1934, as PHARMACIA CORPORATION $.01 par common American Depositary Receipts COMDATA HOLDINGS CORPORATION amended (15 U.S.C. 78g and 78w), and PINNACLE BANC GROUP, INC. (IL) $.01 par common in accordance with 12 CFR 207.2(k) and $4.69 par common CORNERSTONE FINANCIAL CORP. 207.6 (Regulation G), 12 CFR 220.2(u) PROGRAOUP, INC. No par common and 220.17 (Regulation T), and 12 CFR $.50 par common CSF HOLDINGS, INC. 221.2(j) and 221.7 (Regulation U), there RAMTRON INTERNATIONAL CORP. $.01 par common is set forth below a listing of deletions Series C, $.01 par convertible preferred D F & R RESTAURANTS, INC. from and additions to the OTC List. REN CORPORATION—USA $.01 par common No par common DATA MEASUREMENTS CORPORATION Deletions From the List of Marginable OTC REXON, INCORPORATED $.01 par common Stocks No par common DATA SWITCH CORPORATION $.01 par common Stocks Removed for Failing Continued Listing SAYETT GROUP, INC. DELRINA CORPORATION Requirements $.01 par common SUNSTATES CORPORATION No par common ACCESS HEALTHNET, INC. $.331⁄3 par common DELTA AND PINE LAND COMPANY $.001 par common $3.75 par cumulative preferred $.10 par common ALPHAREL, INC. WORK RECOVERY, INC. DEVRY INC. Warrants (expire 12–12–95) $.004 par common $.01 par common BIO-TECHNOLOGY GENERAL CORP. ZYNAXIS, INC. ELCO INDUSTRIES, INC. Warrants (expire 12–19–95) $.01 par common $5.00 par common BIOMEDICAL WASTE SYSTEMS, INC. FAIRFIELD COMMUNITIES, INC. $.001 par common Stocks Removed for Listing on a National $.01 par common BRENDLE’S INCORPORATED Securities Exchange or Being Involved in an FALCON PRODUCTS, INC. $1.00 par common Acquisition $.02 par common CLIFF’S DRILLING COMPANY AAMES FINANCIAL CORPORATION FAR EAST NATIONAL BANK (CA) No par convertible exchangeable prefeeerf $.01 par common $1.25 par common COMET SOFTWARE INTERNATIONAL ACX TECHNOLOGIES, INC. FIRST UNITED SAVINGS BANK, FSB (IN) Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2669

$.01 par common $.001 par common $.01 par common FIRSTFED MICHIGAN CORPORATION MICHIGAN NATIONAL CORPORATION WEST ONE BANCORP (ID) $.01 par common $10.00 par common $1.00 par common FOUNDERS FINANCIAL CORPORATION MIDLANTIC CORPORATION WSB BANCORP, INC. (MO) (FL) $3.00 par common $.01 par common $1.00 par common MILLER INDUSTRIES, INC. XYLOGICS, INC. FRAME TECHNOLOGY CORPORATION $.01 par common $.10 par common No par common MULTIMEDIA, INC. FSB FINANCIAL CORPORATION $.10 par common Additions to the List of Marginable OTC $.01 par common NATIONAL BEVERAGE CORP. Stocks GAMING CORPORATION OF AMERICA $.01 par common A.D.A.M. SOFTWARE, INC. $.02 par common NETWORTH, INC. $.01 par common GARDEN STATE BANCSHARES, INC. (NJ) $.01 par common AASCHE TRANSPORTATION SERVICES, No par common NEWPARK RESOURCES, INC. INC. GREAT COUNTRY BANK (CT) $.01 par common Warrants (expire 02–09–2000) $1.00 par common NEXGEN, INC. ABACAN RESOURCE CORPORATION GRIFFIN TECHNOLOGY INCORPORATED $.0001 par common No par common $.05 par common NORRELL CORPORATION ACCENT SOFTWARE INTERNATIONAL GROWTH FINANCIAL CORP. (NJ) No par common Ordinary shares par NIS .01 $1.00 par common NORWEB PLC ACTIVE APPAREL GROUP, INC. HAWKEYE BANCORPORATION (IA) American Depositary Receipts $.002 par common No par common NU-WEST INDUSTRIES, INC. ADEPT TECHNOLOGY, INC. HEART TECHNOLOGY, INC. $.01 par common No par common $.01 par common Class A, $100 par preferred ADVANCED ENERGY INDUSTRIES, INC. HELIAN HEALTH GROUP, INC. ORION PICTURES CORPORATION $.001 par common $.01 par common $.25 par common ADVANCED LIGHTING TECHNOLOGIES, HERITAGE FEDERAL BANCSHARES, INC. ORNDA HEALTHCORP INC. (TN) $.01 par common $.001 par common $1.00 par common PIEDMONT MANAGEMENT COMPANY ADVENT SOFTWARE, INC. HOLLINGER INTERNATIONAL, INC. INC. $.01 par common Class A, $.01 par common $.50 par common AFFILIATED COMMUNITY BANCORP, INC. HORTON, D.R., INC. PIONEER HI-BRED INTERNATIONAL, INC. $.01 par common $.01 par common $1.00 par common AFFINITY TELEPRODUCTIONS, INC. HUFFMAN KOOS, INC. PREMIER BANCORP, INC. (LA) $.01 par common $.01 par common No par common AIR CANADA CORPORATION HUNGARIAN TELEPHONE & CABLE CORP. PRIME RESIDENTIAL, INC. Class A, non-voting par common $.001 par common INSITUFORM MID-AMERICA, INC. $.01 par common AJAY SPORTS, INC. Class A, $.01 par common RENAL TREATMENT CENTERS, INC. Series C, 10% par cumulative convertible INTEGRATED SILICON SOLUTION, INC. $.01 par common preferred $.001 par common RETIREMENT CARE ASSOCIATES, INC. ALL AMERICAN COMMUNICATIONS, INC. INTERCONTINENTAL BANK (FL) $.0001 par common Class B, non-voting, $.0001 par common $2.00 par common RIO HOTEL AND CASINO, INC. AMBANC HOLDING CO., INC. JOSLYN CORPORATION $.01 par common $.01 par common $1.25 par common ROADWAY SERVICES, INC. AMERICAN ECO CORPORATION KBK CAPITAL CORPORATION No par common No par common $.01 par common ROBEC, INC. AMERIN CORPORATION KENTUCKY MEDICAL INSURANCE CO. $.01 par common $.01 par common Class A, $2.80 par common ROGERS CANTEL MOBILE AMISYS MANAGED CARE SYSTEMS, INC. LANNET DATA COMMUNICATIONS LTD. COMMUNICATIONS, INC. $.001 par common Ordinary shares, NIS .1 par value Class B, no par subordinated voting shares AML COMMUNICATIONS, INC. LAWYERS TITLE CORPORATION ROPAK CORPORATION $.01 par common No par common $.01 par common AMX CORPORATION LEARNING COMPANY, THE ROUSE COMPANY, THE $.01 par common $.001 par common $.01 par common APPLIED MICROSYSTEMS CORPORATION LEGENT CORPORATION Series A, convertible preferred stock $.01 par common $.01 par common RS FINANCIAL CORPORATION ARBOR SOFTWARE CORPORATION LEXINGTON SAVINGS BANK (MA) $1.00 par common $.001 par common $.30 par common RULE INDUSTRIES, INC. AREA BANCSHARES CORPORATION LILLY INDUSTRIES, INC. $.01 par common No par common Class A, no par common SCIGENICS, INC. ARGYLE TELEVISION, INC. LINCOLN SAVINGS BANK (PA) $.01 par callable common Class A, $.01 par common $1.00 par common SCOTTS COMPANY, THE ARIEL CORPORATION LOYOLA CAPITAL CORPORATION Class A, $.01 par common $.001 par common $.10 par common SHELTON BANCORP, THE (CT) Warrants (expire 01–25–2000) MAIN STREET COMMUNITY BANCORP, $1.00 par common ASCENT ENTERTAINMENT GROUP, INC. INC. SHL SYSTEMHOUSE INC. $.01 par common $.01 par common No par common BALLARD POWER SYSTEMS, INC. MARBLE FINANCIAL CORPORATION SIMMONS OUTDOOR CORPORATION No par common $1.00 par common $.01 par common BALLY TOTAL FITNESS HOLDING MAXTOR CORPORATION SUNBELT COMPANIES, INC., THE CORPORATION $.01 par common $.01 par common $.01 par common MEDICAL MANAGEMENT, INC. SUNRISE BANCORP, INC. (NY) BE SEMICONDUCTOR INDUSTRIES NV $.001 par common $.10 par common Ordinary shares par NLG 5.00 MEDICINE SHOPPE INTERNATIONAL, INC. SYNTRO CORPORATION BENCHMARQ MICROELECTRONICS, INC. $.01 par common $.01 par common $.001 par common MEGATEST CORPORATION UNIVAX BIOLOGICS, INC. CALIFORNIA MINING CORPORATION 2670 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

No par common $1.00 par common No par common CALLON PETROLEUM COMPANY EMCOR GROUP, INC. INCYTE PHARMACEUTICALS, INC. Series A, $.01 par convertible exchangeable $.01 par common $.001 par common preferred ENTERPRISE SYSTEMS, INC. INSIGNIA SOLUTIONS, PLC CAPITAL CORP OF THE WEST $.01 par common American Depositary Receipts No par common EQUIVISION INC. INTEVAC, INC CARDIOMETRICS, INC. No par common No par common $.01 par common ERGO SCIENCE CORPORATION INVESTORS FINANCIAL SERVICES CARDIOVASCULAR DIAGNOSTICS, INC. $.01 par common CORPORATION $.001 par common ESTENDED STAY AMERICA, INC. $.01 par common CARNEGIE GROUP, INC. $.01 par common IPSWICH SAVINGS BANK (Massachusetts) $.01 par common ETEC SYSTEMS, INC. $.10 par common CASTELLE $.01 par common ITALIAN OVEN, INC., THE No par common FIRST CITY FINANCIAL CORPORATION $.01 par common CATALYST INTERNATIONAL, INC. $.01 par special B preferred ITEX CORPORATION $.01 par common FIRST COMMONWEALTH, INC. $.01 par common CELERITEK, INC. $.001 par common JAVA CENTRALE, INC. No par common FIRST FINANCIAL BANCORP, INC. (Florida) No par common CFC INTERNATIONAL, INC. No par common JERRY’S FAMOUS DELI, INC. $.01 par common FIRST SAVINGS BANK OF WASHINGTON No par common CHANTAL PHARMACEUTICAL BANCORP, INC. KENSEY NASH CORPORATION CORPORATION $.01 par common $.001 par common $.01 par common FLUSHING FINANCIAL CORPORATION LAFAYETTE INDUSTRIES, INC. CHARTER FINANCIAL, INC. $.01 par common $.01 par common $.10 par common FOREFRONT GROUP, INC., THE LASALLE RE HOLDINGS, LIMITED CHARTER POWER SYSTEMS, $.01 par common $1.00 par common INCORPORATED FRACTAL DESIGN CORPORATION LEARMONTH & BURCHETT $.01 par common $.001 par common MANAGEMENT SYSTEMS, INC. CHARTWELL RE CORPORATION FRENCH FRAGRANCES, INC. American Depositary Receipts $.01 par common $.01 par common LEARNING TREE INTERNATIONAL, INC. CITRIX SYSTEMS, INC. FUISZ TECHNOLOGIES, LTD. $.0001 par common $.001 par common $.01 par common LERNOUT & HAUSPIE SPEECH PRODUCTS, CITYSCAPE FINANCIAL CORPORATION GCR HOLDINGS, LIMITED N.V. $.01 par common $.10 par ordinary shares No par common CKS GROUP, INC. GELTEX PHARMACEUTICALS, INC. LEXINGTON GLOBAL ASSET MANAGERS, $.001 par common $.01 par common INC. CLARIFY INC. GENSIA, INC. $.01 par common $.0001 par common Rights (expire 12–31–96) LITTLE FALLS BANCORP, INC. COMPLETE MANAGEMENT, INC. GLENDALE FEDERAL BANK, FSB $.10 par common $.001 par common (California) LOGANSPORT FINANCIAL CORP. COMPUMED, INC. Warrants (expire 08–21–2000) No par common $.01 par common GLIATECH INC. LUCOR, INC. COMSTOCK BANK (Nevada) $.01 par common Class A, $.02 par common $.50 par common GT INTERACTIVE SOFTWARE LUMISYS INCORPORATED CONSOLIDATED DELIVERY & LOGISTICS, CORPORATION $.001 par common INC. $.01 par common M.A.I.D., PLC $.01 par common GUARANTEE LIFE COMPANIES, INC., THE American Depositary Receipts COOPER & CHYAN TECHNOLOGY, INC. $.01 par common MECON, INC. $.01 par common GYNECARE INC. $.001 par common CORESTAFF, INC. $.01 par common META GROUP, INC. $.01 par common HALSTEAD ENERGY CORPORATION $.01 par common CORTECS INTERNATIONAL LIMITED $.001 par common META-SOFTWARE, INC. American Depositary Receipts HART BREWING, INC. No par common CORVITA CORPORATION $.01 par common METATOOLS, INC. $.001 par common HELP AT HOME, INC. $.001 par common COUNTRY STAR RESTAURANTS, INC. $.02 par common MICROFIELD GRAPHICS, INC. $.001 par common Warrants (expire 12–05–2000) No par common Series A, 6% par cumulative convertible HENRY SCHEIN, INC. MID-IOWA FINANCIAL CORP. prefered $.01 par common $.01 par common CRONOS GROUP, THE HFNC FINANCIAL CORPORATION MIDDLEBY CORPORATION, THE $2.00 par common $.01 par common $.01 par common DATAWORKS CORPORATION HIGHLAND FEDERAL BANK, F.S.B. MOBILE MINI, INC. No par common (California) $.01 par common DIAGNOSTIC HEALTH SERVICES, INC. $1.00 par common MOLECULAR DEVICES CORPORATION No par common HOME CENTERS (DIY) LIMITED $.001 par common Warrants (expire 06–22–98) Ordinary Shares par NIS 1.00 MORROW SNOWBOARDS, INC. DIEHL GRAPHSOFT, INC. HOME HEALTH CORPORATION OF No par common No par common AMERICA, INC. NAPRO BIOTHERAPEUTICS, INC. EAGLE USA AIRFREIGHT, INC. $.01 par common $.0075 par common $.001 par common IDX SYSTEMS CORPORATION Warrants (expire 08–01–98) EFFECTIVE MANAGEMENT SYSTEMS, INC. $.01 par common NATIONAL SURGERY CENTERS, INC. Warrants (expire 09–06–2005) IMAGE SENSING SYSTEMS, INC. $.01 par common ELCOM INTERNATIONAL, INC. $.01 par common NATIONAL WIRELESS HOLDINGS, INC. $.01 par common IMPERIAL GINSENG PRODUCTS LIMITED $.01 par common ELECTROSTAR, INC. No par common NETWORK APPLIANCE CORPORATION $.01 par common IMPERIAL THRIFT AND LOAN No par common ELEXSYS INTERNATIONAL, INC. ASSOCIAION NEUROMEDICAL SYSTEMS, INC. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2671

$.0001 par common Series B, convertible preferred $.001 par common NIMBUS CD INTERNATIONAL, INC. RESPONSE ONCOLOGY, INC. TOLLGRADE COMMUNICATIONS, INC. $.01 par common $.01 par common $.20 par common NOODLE KIDOODLE, INC. ROADWAY EXPRESS, INC. TRANS-INDUSTRIES, INC. $.10 par common $.01 par common $.10 par common NOR’WESTER BREWING COMPANY, INC. ROSS TECHNOLOGY, INC. TRIPLE P, N.V. No par common $.01 par common NLG .20 par common NORTHWEST PIPE COMPANY RSI SYSTEMS, INC. ULTRADATA SYSTEMS, INC. $.01 par common $.01 par common $.01 par common NS & L BANCORP, INC. (Missouri) SAGEBRUSH INC. Class A, warrants (expire 02–01–98) $.01 par common No par common UNISON HEALTHCARE CORPORATION NUCO2, INC. SAIPIENS INTERNATIONAL $.001 par common $.001 par common CORPORATION NV UNITED AIR SPECIALISTS, INC. OBJECTIVE SYSTEMS INTEGRATORS, INC. Common shares par NLG 1.00 No par common No par common SANDISK CORPORATION UNITED PETROLEUM CORPORATION OLS ASIA HOLDINGS LIMITED $.001 par common $.01 par common American Depositary Receipts SANO CORPORATION USCI INC. Redeemable purchase warrants (expire 12– $.01 par common $.0001 par common 18–98) SAVILLE SYSTEMS, PLC VACATION BREAK U.S.A., INC. ON-GARD SYSTEMS, INC. American Depositary Receipts $.01 par common $.001 par common SCANVEC COMPANY (1990), LTD. VDC CORPORATION, LTD. ORPHAN MEDICAL, INC. Ordinary Shares NIS 1.00 $.10 par common $.01 par common SCHLOTZSKY’S INC. VENTURE SEISMIC, LTD. PAN AMERICAN SILVER CORP. No par common No par common No par common SCOPUS TECHNOLOGY, INC. Warrants (expire 11–06–2000) PAREXEL INTERNATIONAL $.001 par common VIEW TECH, INC. CORPORATION SECURE COMPUTING CORPORATION $.01 par common $.01 par common $.01 par common Warrants (expire 06–16–98) PATHOGENESIS CORPORATION SEL-LAB MARKETING, INC. VISIO CORPORATION $.001 par common $.01 par common $.01 par common PATRIOT BANK CORPORATION SHERIDAN HEALTHCARE, INC. VISIONEER, INC. $.01 par common $.01 par common $.001 par common PEEKSKILL FINANCIAL CORPORATION SILICON STORAGE TECHNOLOGY, INC. VISTA 2000, INC. $.01 par common No par common $.01 par common PERCLOSE INC. SIMON TRANSPORTATION SERVICES, INC. VITRAN CORPORATION, INC. $.001 par common $.01 par common Class A, voting shares PETE’S BREWING COMPANY SMART MODULAR TECHNOLOGIES, INC. WEGENER CORPORATION No par common No par common $.01 par common PHARMACOPEIA, INC. SMT HEALTH SERVICES, INC. WESTELL TECHNOLOGIES, INC. $.0001 par common $.01 par common Class A, $.01 par common PHARMACYCLICS, INC. Warrants (expire 03–04–97) WESTERN COUNTRY CLUBS, INC. $.0001 par common SOFTWARE 2000, INC. $.01 par common PHARMHOUSE CORP. $.01 par common WESTERN PACIFIC AIRLINES, INC. $.01 par common SOURCE MEDIA, INC. $.001 par common PHOTON DYNAMICS, INC. $.001 par common WIRELESS ONE, INC. No par common SPACEHAB INCORPORATED $.01 par common PHYSIO-CONTROL INTERNATIONAL No par common XATA CORPORATION CORPORATION SPACETEC IMC CORPORATION $.01 par common $.01 par common $.01 par common YES! ENTERTAINMENT CORPORATION PIXAR SQA INC. No par common No par common $.01 par common ZORAN CORPORATION PPT VISION, INC. STAR GAS PARTNERS, L.P. $.001 par common $.10 par common Shares of beneficial interest QUAD CITY HOLDINGS, INC. STERLING VISION, INC. By order of the Board of Governors of the $1.00 par common $.01 par common Federal Reserve System, acting by its Director QUINTEL ENTERTAINMENT, INC. STOLT-NIELSEN S.A. of the Division of Banking Supervision and $.001 par common American Depositary Receipts Regulation pursuant to delegated authority RADISYS CORPORATION SUPERIOR ENERGY SERVICES, INC. (12 CFR 265.7(f)(10)), January 23, 1996. No par common Class B, warrants (expire 12–08–2000) William W. Wiles, RAINFOREST CARE, INC. SYNAPTIC PHARMACEUTICAL Secretary of the Board. No par common CORPORATION [FR Doc. 96–1489 Filed 1–26–96; 8:45 am] RATTLESNAKE HOLDING COMPANY, INC., $.01 par common BILLING CODE 6210±01±P THE SYNC RESEARCH, INC. $.001 par common $.001 par common RAYTEL MEDICAL CORPORATION TCI COMMUNICATIONS, INC. $.01 par common Series A, 41⁄4% par cumulative SMALL BUSINESS ADMINISTRATION READICARE, INC. exchangeable preferred $.01 par common TECHFORCE CORPORATION 13 CFR Parts 102 and 137 REDWOOD TRUST, INC. $.01 par common Warrants (expire 12–31–97) TECHNOLOGY RESEARCH CORPORATION Freedom of Information and Privacy REGENT ASSISTED LIVING, INC. $.17 par common Act of 1974 No par common TEE-COMM ELECTRONICS, INC. REPUBLIC SECURITY FINANCIAL Purchase warrants (expire 11–22–96) AGENCY: Small Business Administration. CORPORATION (Florida) TEGAL CORPORATION LTD. ACTION: Final rule. Series C, 7% par cumulative convertible $.01 par common preferred TEL-COM WIRELESS CABLE TV SUMMARY: In response to President RESOURCE MORTGAGE CAPITAL, INC. CORPORATION Clinton’s regulatory directive, the Small 2672 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

Business Administration (SBA) has testimony of employees from the A CONVERSION TABLE FOLLOWSÐ completed a page-by-page, line-by-line Inspector General’s Office. Continued review of all its regulations. As a result, (4) The language of various sections SBA is clarifying and streamlining its has been streamlined and the Existing part 102 New part 102 regulations. This final rule reorganizes numbering of some paragraphs has been Part 102, which governs SBA’s reordered to make the overall § 102.8(c). administration of the Freedom of regulations clearer. § 102.8(e). Information and Privacy Acts, in order § 102.8(h). § 102.7(b)(7) ...... § 102.8(g). A CONVERSION TABLE FOLLOWS to make it clearer and more succinct. It § 102.7(c)(1) ...... § 102.8(d). also eliminates Part 137, governing § 102.7(c)(2) ...... § 102.8(b)(uosp). Classified Information, folding those Existing part 102 New part 102 § 102.8(b) (1±3). sections which apply to SBA into the § 102.7(c)(3) ...... § 102.8(b)(uosp). § 102.1(a) ...... § 102.1. § 102.8(b)(4). revised Part 102. It also allows § 102.1(b) ...... Deleted. § 102.7(c)(4) ...... § 102.8(c). submitters of business information to § 102.2 ...... Deleted. § 102.7(d)(1) ...... § 102.8(l)(1). identify, at the time of submission, § 102.3(a) ...... Deleted. § 102.7(d)(2) ...... § 102.8(m). material they consider confidential; § 102.3(b) ...... Deleted. § 102.7(d)(3) ...... § 102.8(n). § 102.3(c) ...... Deleted. establishes a fee appeal procedure; § 102.7(d)(4)(i) ...... § 102.8(i). § 102.3(d) ...... Deleted. eliminates the Program Official from § 102.7(d)(4)(ii) ...... § 102.8(i). § 102.3(e) ...... Deleted. Privacy Act responsibilities; and makes § 102.7(d)(4)(iii) ...... § 102.3(c). § 102.3(f) ...... Deleted. minor changes in Freedom of § 102.7(d)(5) ...... Deleted. § 102.3(g) ...... Deleted. § 102.7(e) ...... § 102.8(o). Information and Privacy Act fees. § 102.3(h) ...... Deleted. § 102.8 ...... § 102.12. EFFECTIVE DATE: This rule is effective on § 102.3(i) ...... Deleted. § 102.20(a) ...... § 102.20(a)(1). February 28, 1996. § 102.3(j) ...... Deleted. § 102.20(b) ...... § 102.20(a)(2). § 102.3(k) ...... Deleted. FOR FURTHER INFORMATION CONTACT: § 102.20(c) ...... § 102.20(a)(3). § 102.3(l) ...... § 102.10. Timothy C. Treanor, Attorney Advisor, § 102.20(d) ...... § 102.20(b). § 102.4(a) ...... Deleted. Office of General Counsel, at (202) 205– § 102.20(e) ...... § 102.20(c). § 102.4(b) ...... § 102.2(a). § 102.21(a) ...... Deleted. 6885. § 102.4(c) ...... § 102.2(b). SUPPLEMENTARY INFORMATION: Part 102 of § 102.21(b) ...... Deleted. § 102.4(d) ...... Deleted. § 102.21(c) ...... § 102.26. Chapter I, title 13 of the Code of Federal § 102.4(e)(1) ...... § 102.3(a). § 102.21(d) ...... Deleted. Regulations sets forth the policies and § 102.3(d) § 102.21(e) ...... § 102.24. procedures by which SBA administers § 102.4(e)(2) ...... § 102.4(c). § 102.21(f) ...... § 102.25. the Freedom of Information Act and the § 102.4(e)(3) ...... § 102.5. § 102.21(g) ...... Deleted. Privacy Act of 1974. Part 137 of that § 102.5(a) ...... Deleted. § 102.21(h) ...... Deleted. Chapter contains SBA regulations § 102.5(b)(1) ...... § 102.6(a). § 102.22(a)(1) ...... § 102.32(b). § 102.5(b)(2) ...... Deleted. governing classified information under § 102.22(a)(2) ...... § 102.32(c). § 102.5(b)(3) ...... § 102.6(b). § 102.22(a)(3) ...... § 102.32(d). Executive Order 12356. On November § 102.5(c) ...... Deleted. 24, 1995 SBA published a proposed rule § 102.22(a)(4) ...... § 102.32(e). § 102.5(d) ...... § 102.6(a). § 102.22(a)(5) ...... Deleted. in the Federal Register (60 FR 57970) to § 102.6(d). § 102.22(a)(6) ...... Deleted. reorganize Part 102 and to eliminate § 102.6(e). § 102.22(a)(7) ...... Deleted. Part 137, incorporating those portions of § 102.5(e) ...... § 102.7. § 102.22(b)(1) ...... § 102.32(a). the latter Part which apply to SBA into § 102.5(f) ...... § 102.6(d). § 102.22(b)(2) ...... Deleted. Part 102. SBA did not receive any § 102.6(e). § 102.22(b)(3) ...... Deleted. comments in response to the proposed § 102.5(g) ...... § 102.6(f). § 102.22(b)(4) ...... Deleted. § 102.5(h) ...... § 102.6(g). § 102.22(b)(5) ...... Deleted. rule. Thus, SBA is finalizing the rule § 102.5(i)(1) ...... § 102.6(d). with only minor technical changes: § 102.22(c) ...... Deleted. § 102.6(e). § 102.22(d) ...... § 102.29. (1) Within §§ 102.6(d) and 102.7, the § 102.5(i)(2) ...... § 102.6(c). § 102.23UOP ...... § 102.22(a). effective date by which procedures § 102.5(i)(3) ...... Deleted. § 102.23(a) ...... § 102.22(b). change for submitters of business § 102.5(i)(4) ...... Deleted. § 102.23(b) ...... § 102.22(c). information has been changed from § 102.6(a) ...... Deleted. § 102.23(c) ...... § 102.22(d). January 1, 1996 to March 1, 1996, so as § 102.6(b) ...... § 102.9(b). § 102.23(d) ...... § 102.22(e). to occur after the effective date of the § 102.6(c) ...... § 102.9(c)(1). § 102.23(e) ...... § 102.22(f). new regulations. § 102.6(d) ...... § 102.9(a). § 102.23(f) ...... § 102.22(g). (2) Due to the repeal of Executive § 102.6(e)(1) ...... § 102.9(d). § 102.23(g) ...... § 102.22(h). § 102.6(e)(2) ...... § 102.9(f)(1). Order 12356 and to the provisions of § 102.23(h) ...... § 102.22(i). § 102.6(e)(3) ...... § 102.9(e). § 102.23(i) ...... § 102.22(j). new Executive Order 12968, which § 102.7(a)(1) ...... Deleted. § 102.23(j) ...... § 102.22(k). require only agencies that generate § 102.7(a)(2) ...... Deleted. § 102.23(k) ...... § 102.22(l). classified materials to regulate their § 102.7(a)(3) ...... Deleted. § 102.24 ...... § 102.28. distribution, SBA has eliminated all § 102.7(a)(4) ...... Deleted. § 102.25 ...... Deleted. direct reference to classified materials in § 102.7(a)(5) ...... § 102.8(d). § 102.26(a) ...... Deleted. its regulations. § 102.7(a)(6) ...... § 102.8(b)(1). § 102.26(b)(UOP) ...... Deleted. (3) Section 102.13, governing § 102.7(a)(7) ...... § 102.8(b)(2). § 102.26(b)(1) ...... Deleted. subpoenas, has been changed to clarify § 102.7(a)(8) ...... § 102.8(b)(4). § 102.26(b)(2) ...... Deleted. that the section applies only to lawsuits § 102.7(b)(1) ...... § 102.8(a)(1). § 102.26(b)(3) ...... § 102.60. § 102.7(b)(2) ...... § 102.8(a)(2). § 102.26(b)(4) ...... § 102.47(a). or other proceedings to which SBA is § 102.7(b)(3) ...... § 102.8(a)(3). § 102.47(b). not a party, and that the Associate § 102.7(b)(4) ...... § 102.8(a)(4). § 102.26(c) ...... Deleted. General Counsel for Litigation may not § 102.7(b)(5)(i) ...... § 102.8(a)(5). § 102.27(a) ...... § 102.61(a). delegate to local counsel authorization § 102.7(b)(5)(ii) ...... § 102.8(a)(6). § 102.27(b)(UOP) ...... § 102.61(b). for the production of documents or § 102.7(b)(6) ...... § 102.8(b)(uosp). § 102.27(b)(1) ...... § 102.61(a). Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2673

A CONVERSION TABLE FOLLOWSÐ 12866 or the Regulatory Flexibility Act, 102.11 What happens if I ask SBA for a Continued 5 U.S.C. 601, et seq. It makes SBA’s record that another Federal Agency FOIA and PA procedures clearer and generated? 102.12 What happens if I subpoena records Existing part 102 New part 102 will institute governmental efficiencies at no cost to small businesses. It will or testimony of employees in connection with a civil lawsuit, criminal proceeding § 102.27(b)(2) ...... § 102.61(a). not, however, have an annual economic § 102.27(b)(3) ...... § 102.61(a). or administrative proceeding to which effect of $100 million or more, result in SBA is not a party? § 102.27(c) ...... § 102.61(a). a major increase in costs or prices, or § 102.27(d) ...... § 102.61(a). Subpart BÐThe Privacy Act § 102.27(e) ...... § 102.61(a). have a significant adverse effect on § 102.27(f) ...... § 102.61(a). competition or the United States 102.20 What privacy rights does this § 102.27(g) ...... § 102.61(a). economy. subpart regulate? § 102.28(a) ...... § 102.34(a). 102.21 How will SBA maintain records? For purposes of the Paperwork 102.22 When will SBA disclose records? § 102.58. Reduction Act, 44 U.S.C. Ch. 35, SBA § 102.28(b) ...... § 102.34(b). 102.23 Are there special rules about § 102.28(c) ...... § 102.34(c). certifies that this rule contains no new personnel and equal employment § 102.28(d) ...... § 102.36(b). reporting or recordkeeping opportunity files? § 102.28(e) ...... § 102.35. requirements. 102.24 What is a record? § 102.36. For purposes of Executive Order 102.25 What is a system of records? § 102.29(a) ...... § 102.38(c). 12612, SBA certifies that this rule has 102.26 What does this subpart mean by ‘‘person to whom a record pertains’’ or § 102.29(a) ...... § 102.39. no federalism implications warranting § 102.29(b) ...... § 102.41. ‘‘you’’? § 102.29(c) ...... § 102.40. the preparation of a federalism 102.27 What records are partially exempt § 102.29(d) ...... Deleted. assessment. from the provisions of the Privacy Act? § 102.30(a) ...... § 102.42. For purposes of Executive Order 102.28 What about information compiled § 102.30(b) ...... § 102.43. 12778, SBA certifies that this rule is for a civil action? § 102.46. drafted, to the extent practicable, in 102.29 Who administers SBA’s § 102.47. responsibilities under the Privacy Act? accordance with the standards set forth § 102.30(c) ...... Deleted. 102.30 How can I write to the Privacy Act § 102.30(d) ...... § 102.47(a). in Section 2 of that Order. Officer? § 102.47(b). List of Subjects 102.31 Who appoints Systems Managers? § 102.31(a) ...... § 102.48. 102.32 What do Systems Managers do? § 102.49(c). 13 CFR Part 102 102.33 How can I write to a Systems § 102.50. Manager? § 102.31(b) ...... § 102.51. Freedom of information, Privacy. 102.34 How can I see records kept on me? § 102.31(c) ...... § 102.52. 13 CFR Part 137 102.35 How long will it take SBA to § 102.31(d) ...... § 102.52. respond to my request? § 102.31(e) ...... § 102.53(b)(1). Classified information. 102.36 How will SBA respond to my § 102.53(c)(2). request? § 102.31(f) ...... § 102.58(b)(3). Accordingly, pursuant to the 102.37 How may I appeal a decision to § 102.58(c)(2). authority set forth in the Freedom of deny me access to my records? § 102.32(a)(1) ...... § 102.21(a) Information Act (5 U.S.C. 552); the 102.38 To whom should my appeal be § 102.32(a)(2) ...... § 102.21(b) Privacy Act of 1974 (5 U.S.C. 552a), addressed? § 102.32(a)(3) ...... § 102.55. Executive Order 12600, and Executive 102.39 By when must I appeal to the § 102.32(a)(4) ...... Deleted. Privacy Act Officer? § 102.32(b) ...... Deleted. Order 12968, SBA amends chapter I of Title 13 of the Code of Federal 102.40 When will SBA respond to my § 102.32(c) ...... § 102.32(f) appeal? § 102.33(a) ...... § 102.23(a) Regulations, as follows: 102.41 How will SBA respond to my § 102.33(b) ...... Deleted. 1. Part 102 is revised to read as appeal? § 102.33(c) ...... § 102.56 follows: 102.42 How can I get SBA to amend a § 102.33(d) ...... Deleted. record kept on me? § 102.33(e) ...... § 102.57 PART 102ÐRECORD DISCLOSURE 102.43 What should my petition say? § 102.33(f) ...... § 102.58 AND PRIVACY 102.44 For what reasons will SBA amend § 102.33(g) ...... § 102.58(d) my record? § 102.58(e) Subpart AÐDisclosure of Information 102.45 Will SBA ask me for more § 102.33(h) ...... Deleted. information after I make my request? § 102.34 ...... § 102.59 Sec. 102.1 What does this subpart do? 102.46 When will SBA respond to my § 102.35(a) ...... § 102.27(d)(uosp). request? § 102.35(b) ...... § 102.27(d) (1±3). 102.2 How can I get records from SBA? 102.3 How long will it take for SBA to 102.47 How will SBA respond to my § 102.35(c) ...... § 102.27(e). request? § 102.36(a) ...... § 102.27(a). respond to my request for records? 102.48 How do I appeal a refusal to amend § 102.36(b) ...... § 102.27(b). 102.4 How will SBA respond to my a record kept on me? § 102.36(c) ...... § 102.27(c). request? 102.49 To whom should I address my § 102.37 ...... § 102.54. 102.5 If SBA grants my request, which records will be supplied? appeal? 102.6 How will SBA respond to requests for 102.50 By when must I submit my appeal? Compliance With Executive Orders business information? 102.51 By what standards will the Privacy 12612, 12778, and 12866, the 102.7 What are the procedures for Act Officer review my appeal? Regulatory Flexibility Act (5 U.S.C. 601, submitters of business information to 102.52 When will SBA respond to my et seq.), and the Paperwork Reduction SBA after March 1, 1996? appeal? Act (44 U.S.C. Ch. 35) 102.8 What fees will SBA charge? 102.53 How will SBA respond to my 102.9 How may I appeal a denial of my appeal? SBA certifies that this rule does not request for information or a fee 102.54 How can I obtain judicial review have a significant economic impact on determination? about an SBA Privacy Act decision? a substantial number of small entities 102.10 How can I get the Public Index of 102.55 What must SBA tell the individuals within the meaning of Executive Order SBA materials? from whom it collects information? 2674 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

102.56 Will SBA release my name or (d) If SBA determines that one of the business information which either the address? circumstances described in paragraph submitter has previously claimed or 102.57 Do I have to give SBA my SSN? (a) of this section apply, it will respond which SBA believes to be confidential 102.58 When will SBA show personnel within 20 working days of the date upon and the disclosure of which would records to a representative? 102.59 What fees will SBA charge me for which the correct office receives your cause substantial competitive harm. The my records? request, and will notify you that the submitter will have 5 working days to 102.60 May I be informed of disclosures extra time is required. object to the disclosure, explaining why made of my record? the harm would occur. § 102.4 How will SBA respond to my 102.61 Are there Matching Program (f) Whenever a submitter objects to request? procedures? disclosure, SBA will consider the Authority: 5 U.S.C. 552 and 552a; 31 Within the time limit described in submitter’s objections, but will not be U.S.C. 1 et seq. and 67 et seq.; 44 U.S.C. 3501 § 102.3, SBA will either: bound by it. If SBA discloses (a) Give you all the records you et seq.; E.O. 12600, 3 CFR, 1987 Comp., p. information despite a submitter’s 235. requested; (b) Give you some or none of the objection, SBA will give the submitter Subpart AÐDisclosure of Information records you requested, explain why the maximum notice possible before SBA has decided not to comply fully disclosure without violating the time § 102.1 What does this subpart do? with your request, citing specific constraints imposed by FOIA. In this This subpart describes the procedures exemptions where applicable, and notice, SBA will tell the submitter when by which the SBA makes documents explain how to appeal that decision; or and what it intends to disclose. available under the Freedom of (c) Tell you that you will not receive (g) SBA will promptly notify the Information Act (‘‘FOIA’’) (5 U.S.C. a response until you have either paid submitter of any suit filed against SBA 552). your fee or committed to the amount of to compel disclosure. § 102.2 How can I get records from SBA? fee you will pay, as applicable. § 102.7 What are the procedures for submitters of business information to SBA (a) You can go to the SBA office at § 102.5 If SBA grants my request, which after March 1, 1996? which the records are kept, and records will be supplied? photocopy any final SBA decision, SBA will give you copies of all Submitters may identify business policy statement, or standard operating records or portions of records requested information at the time of submission procedure. which are in the processing office as of which would likely cause them (b) For copies of all other records, you the close of the day upon which that substantial competitive harm if must send a letter request to the SBA office received your request. disclosed. The identification shall lapse office at which the records are kept. The after 10 years, unless renewed in letter must describe specific records you § 102.6 How will SBA respond to requests writing. for business information? want. If you don’t know which SBA § 102.8 What fees will SBA charge? office keeps the records, you may send (a) Business information is a trade your letter to the nearest SBA District secret, or commercial or financial (a) Basic fees. (1) For manual record Office. You may also send your letter to information, contained in records search. SBA will charge $18 per hour. the Chief, FOIA & PA Office, 409 Third provided to SBA by any person and (2) For computer record searches. Street S.W., Suite 5900, Washington which may be protected from disclosure SBA will charge the actual costs. (3) For review and disclosure D.C. 20416. The office receiving your under Exemption Four of FOIA (5 determinations. SBA will charge $18 per letter will forward it to the correct U.S.C. 552(b)(4)). hour. office. (b) The submitter is the business entity to which the business information (4) Duplication. SBA will charge 10 § 102.3 How long will it take for SBA to pertains and which submitted the cents per page for photocopy respond to my request for records? information to SBA, either directly or duplication, and the actual cost of (a) If you have met the fee through an intermediary, such as a reproduction for other methods. requirements of § 102.8, SBA will bank. (5) Certifying records. SBA will charge respond within 10 working days after (c) SBA will disclose upon request actual costs. the correct office receives your request, business information that has (6) For requested special types of unless you have requested an especially previously been released to the general delivery other than first-class mail. SBA large number of records, the records are public. may charge the actual cost. not located in the office handling the (d) If you request business (b) If you are a representative of an request, or SBA needs to consult with information submitted to SBA prior to educational institution, a non- another government office. March 1, 1996 which has not previously commercial scientific institution, or a (b) If you make your request on behalf been released to the general public, SBA member of the news media. SBA will of another person, SBA will respond will notify the submitter of your request charge you only for the cost of within 10 working days after you upon SBA’s receipt of it if SBA intends duplication after the first 100 pages. present a document signed by that to release that information. SBA will (1) What is an educational institution? person authorizing you to request give the submitter 5 working days to A state-certified preschool, elementary information on his or her behalf. If you identify information the disclosure of or secondary school, an accredited make your request on behalf of another which would likely cause substantial college or university, an accredited person without including such signed competitive harm and why that harm institution of professional education, or authorization, SBA will inform you of would occur unless SBA intends to any accredited or state-certified institute the authorization needed. deny your request in full. of vocational education which operates (c) If you send your request to the (e) If you request business information a program or programs of scholarly wrong office, that office will send it to submitted to SBA after March 1, 1996 research. the correct office within 10 working which has not previously been released (2) What is a non-commercial days and will send you an to the general public, SBA will notify scientific institution? An organization acknowledgment letter. the submitter if it intends to release which is operated solely for the purpose Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2675 of conducting scientific research, the (g) If you don’t tell us how much you (i) What records were denied. results of which are not intended to are willing to pay and SBA estimates (ii) The name and title of the promote any particular product or that the fee will exceed $25.00, SBA individual who denied the request and industry. will estimate the fee and will not the address of his or her office. (3) What is a representative of an process your request until you tell SBA (iii) Any other information you deem educational or non-commercial that you are willing to pay the estimated appropriate. scientific institution? A requester amount, or until you narrow the request (2) If you are appealing a fee seeking records on behalf of that so that the fee is less than $25. determination, the appeal must contain institution who is authorized by that (h) SBA will waive fees less than $25. the following information: institution to do so, and who is seeking (i) If the fee is more than $250, or if (i) The address of the office which those records for scholarly or scientific you have a history of failing to pay made the fee determination from which reasons, as long as there is no FOIA fees in a timely manner, SBA will you are appealing. commercial purpose to the request for ask you to remit the estimated amount (ii) The fee that office charged. records. and any past due charges before sending (iii) The fee, if any, you believe (4) What is a representative of the you the records. should have been charged. news media? An individual who is (j) Who determines the fee? The SBA (iv) The reasons you believe that your actively gathering news for an entity office which processes your request. fee should be lower than the fee which that is organized and operated to (k) When do you pay the fee? SBA the Agency charged. disseminate information to the general will bill you when it responds to your (v) Any other information you deem public. To be considered ‘‘news media’’, request. You must pay within thirty-one appropriate. this organization may provide calendar days. (d) The Chief will decide your appeal, information by subscription and may (l) Failure to pay fees. (1) If you do not unless the Chief originally made the target its dissemination to a narrow pay by the thirty-first day after the determination you are appealing. In that section of the general public as long as billing date, SBA will charge interest at case, SBA’s Assistant Administrator for any member of the general public may the maximum rate allowed under Title Hearings and Appeals will decide your purchase information from it. If you are 31 of the United States Code, section appeal. not employed by the news media, but 3717. (e) SBA will decide your appeal have a reasonable expectation that you (2) If you do not pay the amount due within 20 working days from the date of will sell the information you obtain to within ninety calendar days of the due its receipt. SBA may have an additional the news media, SBA may conclude that date, SBA may notify consumer credit 10 working days if unusual you are a representative of the news reporting agencies of your delinquency. circumstances require. media. SBA will not consider you to be (3) If you owe fees for previous FOIA (f) (1) If you are appealing a decision a representative of the news media if responses, SBA will not respond to to deny your request for records, SBA your request has a commercial purpose, further requests unless you satisfy the will either: beyond the commercial purpose of amount due. (i) Give you the records you selling information to the general (m) Unsuccessful searches. If SBA’s requested; or public. search for records is unsuccessful, it (ii) Decline to give you the records (c) Member of the general public. If will still bill you for the search. you requested, tell you why SBA has you are a member of the general public, (n) Multiple requests. If you make concluded that the records were exempt SBA will not charge you for the first two multiple requests at or about the same from disclosure under FOIA, and tell hours of search time, the first hundred time, SBA will aggregate your requests you how to obtain judicial review of pages of photocopy duplication, or for for records. In no case will SBA give SBA’s decision. review and disclosure determinations. you more than the first two hours of (2) If you are appealing a fee The general public is anyone who is not search time, or more than the first 100 determination, SBA will either charge a representative of an educational pages of duplication without charge. the fee you request or charge another fee institution, a representative of the news (o) Reduction of fees in the public and explain why SBA has concluded media, or a commercial requester. interest. If SBA determines that that the fee it has decided to charge is disclosure of the information you seek (d) Commercial requester. If you are a appropriate. is in the public interest because it is commercial requester you must pay all likely to contribute significantly to § 102.10 How can I get the Public Index of the basic fees set forth in paragraph (a) public understanding of the operations SBA materials? of this section. A commercial requester or activities of the government, and that (a) The Public Index is a document is anyone seeking information for you are not seeking the information in which provides identifying information commercial, trade, or profit interests of your own commercial interests, SBA about official documents which SBA the requester or someone he or she is may waive or reduce the fee. has issued. trying to help. (b) SBA has administratively (e) How does SBA determine what § 102.9 How may I appeal a denial of my determined, as permitted by FOIA, that category of requester I am? The SBA request for information or a fee periodic publication and distribution is determination? office processing your request will unnecessary and impracticable. determine the appropriate category. If (a) You must write to the Chief, FOIA (c) The Public Index is set forth in you are not a commercial requester, you & PA Office at 409 Third Street S.W., Appendix 3 of SBA Standard Operating must show us what category of requester Suite 5900, Washington, D.C. 20416. Procedure 40 03. You can obtain the you are. (b) The Chief must receive your Public Index from any SBA office. (f) Tell us how much you are willing written appeal within 45 calendar days to pay. To get the quickest possible of the date of the SBA determination § 102.11 What happens if I ask SBA for a response, you must tell SBA how much from which you are appealing. record that another Federal agency money you are willing to pay in fees (c)(1) If you are appealing a denial of generated? when you make your request for your request for information, the appeal Such a request is a request directed to records. must contain the following information: the wrong office, as that term is used in 2676 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

§ 102.3(c). SBA will forward your (Privacy Act of 1974) (‘‘PA’’) only where enforcement activity for which the request to the generating agency. an important public policy need for record is sought; such exemption has been determined (i) To a person showing compelling § 102.12 What happens if I subpoena pursuant to or under specific statutory circumstances affecting the health or records or testimony of employees in connection with a civil lawsuit, criminal authority. safety of an individual. Upon disclosure, SBA will notify such proceeding or administrative proceeding to § 102.21 How will SBA maintain records? which SBA is not a party? individual at his or her last known SBA records will: (a) The person to whom the subpoena address; (a) Contain only such information (j) To either House of Congress, or, to is directed must consult with SBA about an individual as is relevant and counsel in the relevant SBA office, who the extent of matters within its necessary to accomplish a purpose jurisdiction, any committee or will seek approval for compliance from required of SBA by statute, regulation, the Associate General Counsel for subcommittee thereof, or any joint or by Executive Order of the President. committee of Congress or subcommittee Litigation. Except where the subpoena (b) Be comprised, to the maximum requires the testimony of an employee of any such joint committee; practical extent, of an individual’s own (k) To the Comptroller General, or any of the Inspector General’s office, or statements when the information may records within the possession of the of his or her authorized representatives, result in an adverse determination about in the course of the performance of the Inspector General, the Associate General an individual’s rights, benefits, or Counsel may delegate the authorization duties of the General Accounting Office; privileges under a Federal program. (l) Pursuant to the order of a court of for appropriate production of competent jurisdiction; or documents or testimony to local SBA § 102.22 When will SBA disclose records? (m) To a consumer reporting agency counsel. SBA will not disclose to anyone any in accordance with 31 U.S.C. 3711(f). (b) If SBA counsel approves record which is contained in a system compliance with the subpoena, SBA of records, except that it will disclose a § 102.23 Are there special rules about will comply. record: personnel and equal employment (c) If SBA counsel disapproves (a) To the person about whom the opportunity files? compliance with the subpoena, SBA record is maintained, or to that person’s (a) The provisions of parts 293 and will not comply, and will base such agent, within the limits discussed in 297 of Title 5 of the Code of Federal noncompliance on an appropriate legal this subpart; Regulations govern all SBA files which basis such as privilege or a statute. (b) To those SBA employees who have the Office of Personnel Management (d) SBA counsel must provide a copy a need for the record to perform their determines are personnel files. of any subpoena relating to a criminal duties; (b) The provisions of part 1611 of matter to SBA’s Inspector General prior (c) When required under 5 U.S.C. 552 Title 29 of the Code of Federal to its return date. (FOIA); Regulations govern all Equal (d) For a routine use of the record Employment Opportunity complaint Subpart BÐThe Privacy Act compatible with the purpose for which files. § 102.20 What privacy rights does this it was collected; § 102.24 What is a record? subpart regulate? (e) To the Bureau of the Census for This subpart establishes SBA’s policy purposes of planning or carrying out a A record is information which SBA and procedures safeguarding an census, survey, or related activity maintains on an individual and which individual against an invasion of pursuant to Title 13, United States includes either his name or an personal privacy. Code; identifying symbol (such as a (a) Except as otherwise provided by (f) To a recipient who has provided fingerprint, a social security number law or regulation, SBA will permit you the Agency with advance adequate (‘‘SSN’’), or a photograph. written assurance that the record will be to do the following: § 102.25 What is a system of records? (1) Determine what records pertaining used solely as a statistical research or A system of records is one or more to you are collected, maintained, used, reporting record, where the record is records which SBA routinely keeps for or disseminated by SBA; transferred in a form that is not (2) Object when records pertaining to individually identifiable; official purposes, and from which SBA you are obtained by SBA for a particular (g) To the National Archives of the can retrieve records by using a name or purpose and are proposed to be used or United States as a record which has personal identifier. made available for another purpose sufficient historical or other value to § 102.26 What does this subpart mean by without your consent; and warrant its continued preservation by ``person to whom a record pertains'' or (3) Gain access to information the U.S. Government, or for evaluation ``you''? pertaining to you in records, have a by the Administrator of General When this subpart refers to the copy made of all or any portion of those Services or his or her designee to ‘‘person to whom a record pertains’’ or records, and correct or amend such determine whether the record has such uses the pronoun ‘‘you’’, it refers to a records as appropriate. value; United States citizen or a lawfully (b) SBA will collect, maintain, use, or (h) To another agency or to an admitted alien. It does not refer to a disseminate any record of identifiable instrumentality of any governmental corporation, partnership, or sole personal information in a manner that jurisdiction within or under the control proprietorship. assures that such action is for a of the United States for a civil or necessary and lawful purpose, that the criminal law enforcement activity if: § 102.27 What records are partially exempt information is current and accurate for (1) The activity is authorized by law; from the provisions of the Privacy Act? its intended use, and that adequate and (a) The following systems of records safeguards are provided to prevent (2) The head of the agency or are exempt from certain provisions of misuse of such information. instrumentality has made a written the PA: Audit Reports (system of (c) SBA will permit exemptions from request to the PA Officer specifying the records #SBA 015), Litigation and the requirements of 5 U.S.C. 552a particular portion desired and the law Claims Files (#SBA 070), Personnel Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2677

Security Files (#SBA 100), Security and investigations from using the PA to controversial and does not involve Investigations Files (#SBA 120), Office frustrate the investigative process; policy decisionmaking. of Inspector General Referrals (#SBA (2) Protect the identity of Federal (e) Informing individuals of any 125), Investigations Division employees who furnish a complaint or reproduction fees to be charged. Management Information System (#SBA information to the OIG, consistent with (f) Assuring that their systems of 130), and Standards of Conduct Files section 7(b) of the Inspector General Act records contain no record describing (#SBA 140). of 1978, 5 U.S.C. App. I; how any individual exercises rights (b) The provisions of the PA from (3) Protect the confidentiality of other guaranteed by the First Amendment which these systems of records are sources of information; unless expressly authorized by statute exempt are subsections (c)(3) (4) Avoid endangering confidential or by the individual about whom the (Accounting of Certain Disclosures), (d) sources and law enforcement personnel; record is maintained, or unless (Access to Records), (e)(1), 4G, H, and I (5) Prevent interference with law pertinent to and within the scope of an (Agency Requirements), and (f) (Agency enforcement proceedings; authorized law enforcement activity. Rules). (6) Assure access to sources of confidential information, including that § 102.33 How can I write to a Systems (c) The systems of records described contained in Federal, State, and local Manager? in paragraph (a) of this section are criminal law enforcement information You can write to a Systems Manager exempt from the provisions of the systems; by writing to the SBA Office which Privacy Act described in paragraph (b) (7) Prevent the disclosure of maintains the record you are seeking. If of this section in order to: investigative techniques; or you do not know which office that is, (1) Prevent the subject of (8) Prevent the disclosure of classified or you do not know the address of that investigations from frustrating the information. office, you can write to the PA Officer investigatory process; at 409 3rd Street SW., Suite 5900, (2) Protect investigatory material § 102.28 What about information compiled for a civil action? Washington, D.C. 20416, who will compiled for law enforcement purposes; forward your request to the proper No individual shall have access to any (3) Fulfill commitments made to Systems Manager. protect the confidentiality of sources information compiled by SBA in and to maintain access to necessary reasonable anticipation of a civil action § 102.34 How can I see records kept on sources of information; or or proceeding. In the event of a question me? (4) Prevent interference with law as to disclosure, the Systems Manager (a) You may look at any information enforcement proceedings. for the system of records involved will pertaining to yourself contained in any (d) In addition to the foregoing rely on the opinion of the General SBA system of records unless some law exemptions in paragraphs (a) through (c) Counsel or designee, and will also or regulation prohibits it. of this section, the systems of records consult with the PA Officer. (b) In order to see this information, described in paragraph (a) of this you must ask for it in writing, § 102.29 Who administers SBA's section numbered SBA 015, 100, 120, responsibilities under the Privacy Act? identifying what records you want. The 125 and 130 are fully exempt from the writing should be addressed to the The PA Officer has overall Privacy Act to the extent that they Systems Manager overseeing the system responsibility for administering the PA contain: of records containing the record you for SBA. A Systems Manager is (1) Information compiled to identify wish to see. responsible for administering the PA as individual criminal offenders and (c) The Systems Manager (or, when to systems of records within an SBA alleged offenders and consisting only of appropriate, the PA Officer) may ask for Office. identifying data and notations of arrests, more specific information about the confinement, release, and parole and § 102.30 How can I write to the Privacy Act system of records in which the probation status; Officer? document you are seeking is kept, and (2) Information, including reports of You can write to the PA Officer at 409 may ask you for identification. The informants and investigators, associated Third Street S.W., Suite 5900, Systems Manager may ask you for your with an identifiable individual Washington, D.C. 20416. social security number but you are not compiled to investigate criminal obliged to present it and your request activity; or § 102.31 Who appoints Systems will not be denied simply because you Managers? (3) Reports compiled at any stage of do not provide it. The Systems Manager the process of enforcement of the The senior official in each field office may, however, deny your request if he criminal laws from arrest or indictment and each Headquarters program area or she cannot determine that you are the through release from supervision designates himself or herself or appoints person to whom the information associated with an identifiable another as the Systems Manager for that pertains. office. individual. § 102.35 How long will it take SBA to (e) The systems of records described § 102.32 What do Systems Managers do? respond to my request? in paragraph (d) of this section are fully Systems Managers have the following The Systems Manager will respond exempt from the PA to the extent responsibilities, among others, for the within 10 working days. described in that paragraph because offices for which they are appointed: they are records maintained by the (a) Acting as the initial contact person § 102.36 How will SBA respond to my Investigations Division of the Inspector for individuals seeking access to or request? General, which is a component of SBA amendment of their records. The Systems Manager will inform you which performs as its principal function (b) Responding to requests for that: activities pertaining to the enforcement information. (a) Your request is denied, in which of criminal laws within the meaning of (c) Discussing the availability of case he or she will set forth the reasons 5 U.S.C. 552a(j)(2). They are exempt in records with individuals. for denial and your rights to appeal; or order to: (1) Prevent the subjects of (d) Amending records in cases where (b) Your request is granted and you Office of Inspector General (OIG) amended information is not may view your record, in which case he 2678 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations or she will set forth the time and date record only if it determines that there (a) Make the amendment you request, for you to review your record in the are no other reasonable means for you and send all individuals who had presence of an SBA employee; or to obtain access to your record. previously received a copy of that (c) Your request is granted and, unless record a copy of the amended record; or you object, SBA will mail you a copy of § 102.42 How can I get SBA to amend a (b) Amend the record, in a different record kept on me? your record. SBA will mail you your manner, sending all individuals who record only if it determines that there You can petition to have records kept had previously received a copy of that are no other reasonable means for you on you amended by writing to the record a copy of the amended record to obtain access to your record. Systems Manager who oversees the and, in addition, telling you why your system of records in which the record request was not granted in full and what § 102.37 How may I appeal a decision to you wish amended is kept. If you are appeal rights you have; or deny me access to my records? unable to determine who that Systems (c) Decline to amend the record, Your appeal should be in writing and Manager is, you may send your petition explaining why your request was not should set forth any information you to the PA Officer, who will forward it granted and telling you of your appeal think would show that you should have to the right Systems Manager. See rights. access to your records. § 102.30. § 102.48 How do I appeal a refusal to § 102.38 To whom should my appeal be § 102.43 What should my petition say? amend a record kept on me? addressed? Your petition should include the Your appeal should be in writing and (a) Denial of a personnel file. Address following: include the following: an appeal of a denial of a request for a (a) In what system of records the (a) All of the information contained in personnel file to the Office of Personnel record you want amended is kept. your original request to amend the Management, 1900 E Street N.W., (b) What record you want amended. record; Washington, D.C. 20006. (c) What specific information in that (b) Any response of the Systems (b) Denial of an Equal Employment record you want amended. Manager, including any reasons for Opportunity Complaint File. Address an (d) Why you want the record denying your request; and appeal of a denial of a request for an amended. (c) Any information you wish to Equal Employment Opportunity (e) Any information you have, submit in response to the Systems Complaint File to the Equal including copies of evidence, which you Manager’s findings. Employment Opportunity Commission, think will persuade the Systems § 102.49 To whom should I address my 1801 L Street N.W., Washington, D.C. Manager to amend the record. appeal? 20036. (f) What the record should say. (a) Personnel file. Address your (c) All other appeals. Appeal the appeal to the Office of Personnel denial of any other record to the PA § 102.44 For what reasons will SBA amend my record? Management, 1900 E Street NW., Officer. See § 102.30. Washington, DC 20006. SBA seeks to maintain only accurate, § 102.39 By when must I appeal to the (b) Equal Employment Opportunity complete, and up-to-date records which Complaint File. Address your appeal to Privacy Act Officer? are relevant to accomplish some Your appeal must reach the PA the Equal Employment Opportunity purpose required by law, regulation, or Commission, 1801 L Street NW., Officer on or before 30 calendar days Executive Order of the President. There after the date the denial was issued. If Washington, DC 20036. are four grounds for amending a record. (c) All other appeals. Address your your appeal is based on the failure of They are: appeal to the PA Officer. See § 102.30. the Systems Manager to answer your (a) The record is not accurate. request, your appeal must reach the PA (b) The record is not relevant to any § 102.50 By when must I submit my Officer on or before 90 calendar days legitimate SBA concern. appeal? after the date by which the Systems (c) The record is out-of-date. For Your appeal must be received by the Manager should have responded under example, there may have been events PA Officer within 30 calendar days of § 102.35. since the date of the record which have the date the Systems Manager declined to amend your records, or within 90 § 102.40 When will SBA respond to my affected some of the information appeal? contained in the record. calendar days of the date the Systems (d) The record is incomplete. There Manager should have responded under The PA Officer will respond to you may be additional information relevant § 102.46 if the Systems Manager did not within 30 working days of the date to the material contained in the record. so respond. when your appeal was received. § 102.45 Will SBA ask me for more § 102.51 By what standards will the § 102.41 How will SBA respond to my information after I make my request? Privacy Act Officer review my appeal? appeal? Perhaps, in which case the procedures The PA Officer will decide your The PA Officer will inform you that: of § 102.34(c) shall apply. appeal using the criteria of accuracy, (a) Your request is denied, in which relevance, timeliness, and completeness case the reasons for denial will be set § 102.46 When will SBA respond to my described in § 102.44. The PA Officer forth along with your rights to judicial request? will review all relevant information and review of SBA’s decision; or The Systems Manager will may seek the views of other SBA (b) Your request is granted and you acknowledge receipt of your request personnel. The PA Officer may review may view your record, in which case the within 10 working days and issue a information not available to or not used time and date for you to review your written response within 30 working by the Systems Manager. records in the presence of an SBA days. employee will be set forth; or § 102.52 When will SBA respond to my (c) Your request is granted and, unless § 102.47 How will SBA respond to my appeal? you object, SBA will mail you a copy of request? The PA Officer will respond to your your record. SBA will mail you your The Systems Manager will: appeal within 30 working days of its Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2679 receipt, unless the Administrator (b) By what authority SBA is § 102.61 Are there Matching Program determines that unusual circumstances collecting the information; procedures? exist, in which case the PA Officer will (c) For what principal purpose or (a) SBA will comply with the notify you of the presence of these purposes SBA is collecting the Computer Matching and Privacy unusual circumstances within 30 information; Protection Act of 1988 (5 U.S.C. 552a, working days of the date upon which he (d) What routine uses might be made 552a notes). This Act establishes or she received your appeal, and will of that information; and procedures federal agencies must use if respond to your appeal within 60 (e) What will happen if the they want to match their computer lists. (b) If SBA adopts any procedures to working days of the date of receipt. information isn’t supplied. supplement its compliance with the § 102.53 How will SBA respond to my § 102.56 Will SBA release my name or Computer Matching and Privacy appeal? address? Protection Act of 1988 which are not The PA Officer will: No, unless compelled to by law. mandated in that Act, SBA will publish (a) Make the amendment you request, those procedures in Standard Operating sending all individuals who had § 102.57 Do I have to give SBA my SSN? Procedure (SOP) 40 04. You can get a previously received a copy of that (a) No. You need not give SBA your copy of SOP 40 04 at any SBA Office. record a copy of the amended record; or (c) If SBA enters into an agreement (b) Amend the record in a different SSN, even if SBA asks for it. (b) If SBA asks you for your SSN, it with any federal agency, contractor of manner; or decline to amend it at all: any federal agency, state or local (1) Sending all individuals who had must tell you under what authority it seeks your SSN, and for what purpose. government, or agency of any state or previously received a copy of that local government to disclose records for (c) SBA cannot withhold a benefit record a copy of the amended record; purposes of a computer matching solely because you refuse to tell it your (2) Telling you why your request was program, SBA will make a copy of that SSN. not granted in full and that you can seek agreement available to the general judicial review; and public. You can get a copy of any such (3) Marking the areas of dispute, § 102.58 When will SBA show personnel records to a representative? agreement by writing to the Privacy Act including your statement of Officer. disagreement in the file, and, if (a) If you go to where the records are appropriate, a concise statement of why kept, SBA will permit one person of PART 137Ð[REMOVED] SBA refused to amend the record as you your choosing to inspect the records requested, sending this material to all with you. 2. Part 137 is removed. individuals who had previously (b) If you want your representative to Dated: January 19, 1996. received a copy of that record. inspect the records without you, you Philip Lader, must give SBA a written authorization. § 102.54 How can I obtain judicial review Administrator. of an SBA Privacy Act decision? (c) SBA will mail a copy of the record [FR Doc. 96–1159 Filed 1–26–96; 8:45 am] to your representative if you direct SBA BILLING CODE 8025±01±P You may bring a civil action against to do so in writing. SBA in a United States district court if the SBA: (d) You may inspect the records of a (a) Makes a final determination not to minor if you present evidence that you 13 CFR Part 103 provide you with access to or to amend are the custodial parent (including joint your record in accordance with your custodial parent) or legal guardian of Standards for Conducting Business request; that minor. An affidavit or declaration, With SBA signed by you under penalty of perjury, (b) Fails to maintain your records AGENCY: Small Business Administration. is normally sufficient evidence unless with such accuracy, relevance, ACTION: Final rule. timeliness and completeness as is SBA has information to the contrary. necessary to assure fairness in any (e) You may inspect the records of an SUMMARY: In response to President determination relating to the adult incompetent if you present Clinton’s regulatory review directive, qualifications, character, rights, evidence that you are the legal guardian the Small Business Administration has opportunities of, or benefits to you that of that person. A guardianship order is completed a page-by-page and line-by- may be made on the basis of such sufficient evidence of your line review of its regulations. As a records, and consequently a guardianship. Other evidence may be result, SBA is streamlining its determination is made which harms considered. regulations by eliminating many rules you; or § 102.59 What fees will SBA charge me for and simplifying and improving those (c) Fails to comply with any other my records? that remain. This final rule reorganizes provisions of the PA (5 U.S.C. 552a) or and streamlines the entire Part 103, the implementing regulations in this SBA will charge you only for which covers the standards one must subpart, in such a way as to cause harm photocopying at the rate of 10 cents per meet to conduct business with SBA. It to you. page. SBA will not charge you for makes the standards clearer and more finding or reviewing your records. Fees understandable to those who are § 102.55 What must SBA tell the less than $25 will be waived. individuals from whom it collects regulated, and easier for SBA to enforce. information? § 102.60 May I be informed of disclosures EFFECTIVE DATE: This rule is effective When SBA collects information from made of my records? February 28, 1996. an individual, it must, either on the SBA will tell you what disclosures it FOR FURTHER INFORMATION CONTACT: form which collects the information or made of your records if you ask, except Michael Dowd, Director, Office of Loan on a separate form which the individual that SBA will not tell you about Programs, at (202) 205–6490. may keep, state: disclosures it made to another federal SUPPLEMENTARY INFORMATION: Title 13 (a) Whether disclosure of the agency or government entity for law CFR Part 103 contains SBA’s policies information is voluntary or mandatory; enforcement purposes. governing the standards for suspending 2680 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations or revoking the privileges of persons entities conducting business with review all compensation agreements for who conduct business with SBA on SBA—those who actually prepare or reasonableness. Section 103.5 does not behalf of applicants or lenders. This submit on behalf of an applicant an require such a review and SBA does not final rule reorganizes and streamlines application for assistance and those intend to evaluate each compensation Part 103, making it easier to understand contractors who provide services to agreement for reasonableness; it will and enforce. It changes the title of the participants in SBA’s business loan only undertake a review if an applicant Part to ‘‘Standards for Conducting program pursuant to written agreements requests that it do so. Two commenters Business with SBA’’ to describe more with those participants—will be also noted that use of the terms clearly the scope of the regulations. The considered ‘‘agents’’. SBA does not ‘‘compensation agreement’’ and ‘‘lender sections stating the statutory provisions intend to regulate persons or entities, service provider agreement’’ should be underlying the Part and its purpose— such as real estate appraisers and made consistent in subsections 103.5 (a) 103.13 and 103.13–1—are eliminated as environmental specialists, who simply and (b). The final rule has been unnecessary. The rule renumbers the supply information that is used in the amended to make clear the distinction sections that remain: present §§ 103.13– preparation of an application. between the terms and the intended 2 through 103.13–6 would become Fourteen commenters criticized treatment of each type of agreement. §§ 103.1–103.5. The final rule clarifies section 103.4, which defines ‘‘good As noted above and in the preamble the existing definition of agents who cause’’ for suspension or revocation of to the proposed rule, SBA intends to appear before SBA on behalf of the privilege to conduct business with require all packagers and lender service applicants for assistance, adds SBA. In general, the comments about providers to register with SBA for definitions for ‘‘packagers’’, ‘‘lender section 103.4 criticized terms such as purposes of keeping track of who is service providers,’’ and ‘‘referral ‘‘unethical activity’’ and ‘‘reasonable performing such activities on behalf of agents’’, and provides that these fees’’ as too broad and vague. More applicants for assistance or lenders. categories of agents are specifically specifically, three commenters SBA will provide training for anyone or covered by SBA’s requirements complained that persons and entities any entity that wishes to represent governing conduct of business. It also should be allowed under subsection applicants for SBA assistance or provide amends, in certain respects, and adds 103.4(d) to use the words ‘‘Small services to lenders. The development of greater specificity to the definition of Business Administration’’ or ‘‘SBA’’ in these initiatives will take place over the ‘‘good cause’’ for which the advertising. Four commenters felt that next fiscal year, in consultation with Administrator may revoke or suspend the ‘‘two master’’ prohibition in representatives of the affected the privilege for conducting business subsection 103.4(g) should be clarified. industries. To the extent that they SBA intends to provide guidelines in with SBA. It adds provisions prescribing require modifications of this final rule, its Standard Operating Procedures the use and form of lender service such modifications will be made in later (SOP) for what will constitute provider agreements which must rulemakings. contain certain provisions regarding ‘‘unethical activity’’ and ‘‘reasonable services to be provided and fees.’’ The final rule states that persons Compliance With Executive Orders compensation, including a prohibition may use the words ‘‘Small Business 12612, 12778, and 12866, the on secondary market premium sharing. Administration’’ or ‘‘SBA’’ in Regulatory Flexibility Act (5 U.S.C. 601, In addition to these substantive changes, advertisements if the advertisement et seq.), and the Paperwork Reduction the final rule is written in clearer, more does not imply endorsement or Act (44 U.S.C. Ch. 35) straightforward language than the sponsorship by SBA. The final rule continues to prohibit the use of the SBA SBA certifies that this rule involves present Part. internal administrative procedures and The proposed rule was published on seal or symbol in advertisements. The is not a significant rule within the November 24, 1995 at 60 FR 57980. A ‘‘two master’’ rule and the exceptions to meaning of Executive Order 12866 and total of 26 commenters, virtually all it have been substantially altered in the will not have a significant economic Certified Development Companies, final rule. The two master rule will now impact on a substantial number of small contacted SBA during the comment only apply when a person or entity acts entities within the meaning of the period with suggestions and as both a lender service provider or observations about the proposed rule. referral agent and packager for an Regulatory Flexibility Act, 5 U.S.C. 601, All commenters expressed at least some applicant on the same business loan and et seq. It is not likely to have an annual level of concern about the proposal. In receives compensation for such activity economic effect of $100 million or more, general, these concerns were based on from both the lender and applicant. The result in a major increase in costs or the breadth of the proposed rule. two exceptions stated in the proposed prices, or have a significant adverse A majority of the commenters offered rule have therefore been deleted and effect on competition or the United negative observations about the scope of replaced by only one: cases in which a States economy. the definitions in section 103.1. Most of referral agent also acts as a packager and For purposes of the Paperwork these comments focused on subsections is compensated by both the lender for Reduction Act, 44 U.S.C. Ch. 35, SBA (a) and (b) and criticized the definitions referral agent activities and the certifies that this rule contains no new of the terms ‘‘agent’’ and ‘‘conduct applicant for packaging activities. reporting or recordkeeping business with SBA.’’ Many of these Finally, 14 commenters noted requirements. commenters were particularly problems with section 103.5, which For purposes of Executive Order concerned about the definitions in light governs the regulation of an agent’s fees 12612, SBA certifies that this rule does of SBA’s expressed intention (in the and provision of services. These not have any federalism implications preamble to the proposed rule) to complaints related directly to many of warranting the preparation of a register and train agents, and to require the same commenters’ concerns about Federalism Assessment. under section 103.5 that all agents the scope of the definition of ‘‘agent’’ in For purposes of Executive Order execute and provide to SBA a section 103.1. The changes in the 12778, SBA certifies that this rule is compensation agreement. definition of ‘‘agent’’ discussed above drafted, to the extent practicable, in The final rule addresses this concern address this problem. Several accordance with the standards set forth by clarifying that only those persons or commenters questioned SBA’s ability to in Section 2 of that Order. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2681

List of Subjects in 13 CFR Part 103 whether or not one is a ‘‘Packager’’ on business relationship between the two Administrative practice and a loan-by-loan basis. parties. procedure. (f) Referral Agent means a person or (c) Violating ethical guidelines which entity who identifies and refers an govern the profession or business of the Accordingly, pursuant to the Applicant to a lender or a lender to an authority set forth in sections 5 and 13 Agent or which are published at any Applicant. The Referral Agent may be time by SBA. of the Small Business Act, 15 U.S.C. 634 employed and compensated by either an and 642, SBA hereby revises part 103 of Applicant or a lender. (d) Implying or stating that the work Title 13, Code of Federal Regulations (g) Participant means a person or to be performed for an Applicant will (CFR), to read as follows: entity that is participating in any of the include use of political or other special financial, investment, or business influence with SBA. Examples include PART 103ÐSTANDARDS FOR development programs authorized by indicating that the entity is affiliated CONDUCTING BUSINESS WITH SBA the Small Business Act or Small with or paid, endorsed or employed by 103.1 Key definitions. Business Investment Act of 1958. SBA, advertising using the words Small 103.2 Who may conduct business with Business Administration or SBA in a SBA? § 103.2 Who may conduct business with manner that implies SBA’s endorsement 103.3 May SBA suspend or revoke an SBA? or sponsorship, use of SBA’s seal or Agent’s privilege? (a) If you are an Applicant, a symbol, and giving a ‘‘guaranty’’ to an 103.4 What is ‘‘good cause’’ for suspension Participant, a partner of an Applicant or Applicant that the application will be or revocation? Participant partnership, or serve as an approved. 103.5 How does SBA regulate an Agent’s officer of an Applicant, Participant fees and provision of service? corporation, or limited liability (e) Charging or proposing to charge Authority: Secs. 5, 13, 72 Stat. 385, 394 (15 company, you may conduct business any fee that does not bear a necessary U.S.C. 634, 642). with SBA without a representative. and reasonable relationship to the (b) If you are an Agent, you may services actually rendered or expenses § 103.1 Key definitions. conduct business with SBA on behalf of actually incurred in connection with a (a) Agent means an authorized an Applicant, Participant or lender, matter before SBA or which is representative, including an attorney, unless representation is otherwise materially inconsistent with the accountant, consultant, packager, lender prohibited by law or the regulations in provisions of an applicable service provider, or any other person this part or any other part in this compensation agreement or Lender representing an applicant or participant chapter. For example, persons debarred Service Provider agreement. A fee based by conducting business with SBA. under the SBA or Government-wide solely on a percentage of a loan or (b) The term conduct business with debarment regulations may not conduct guarantee amount can be reasonable, SBA means: business with SBA. SBA may request depending on the circumstances of a (1) Preparing or submitting on behalf that any Agent supply written evidence case and the services actually rendered. of an applicant an application for of his or her authority to act on behalf financial assistance of any kind, (f) Engaging in any conduct indicating of an Applicant, Participant, or lender assistance from the Investment Division a lack of business integrity or business as a condition of revealing any of SBA, or assistance in procurement honesty, including debarment, criminal information about the Applicant’s, and technical matters; conviction, or civil judgment within the (2) Preparing or processing on behalf Participant’s, or lender’s current or prior last seven years for fraud, of a lender or a participant in any of dealings with SBA. embezzlement, theft, forgery, bribery, falsification or destruction of records, SBA’s programs an application for § 103.3 May SBA suspend or revoke an federal financial assistance; Agent's privilege? false statements, conspiracy, receiving stolen property, false claims, or (3) Participating with or The Administrator of SBA or designee obstruction of justice. communicating in any way with officers may, for good cause, suspend or revoke or employees of SBA on an applicant’s, the privilege of any Agent to conduct (g) Acting as both a Lender Service participant’s, or lender’s behalf; business with SBA. Part 134 of this Provider or Referral Agent and a (4) Acting as a lender service chapter states the procedures for Packager for an Applicant on the same provider; and appealing the decision to suspend or SBA business loan and receiving (5) Such other activity as SBA revoke the privilege. The suspension or compensation for such activity from reasonably shall determine. revocation remains in effect during the both the Applicant and lender. A (c) Applicant means any person, firm, pendency of any administrative limited exception to this ‘‘two master’’ concern, corporation, partnership, proceedings under Part 134 of this prohibition exists when an Agent acts as cooperative or other business enterprise chapter. a Packager and is compensated by the applying for any type of assistance from Applicant for packaging services; also SBA. § 103.4 What is ``good cause'' for acts as a Referral Agent and is (d) Lender Service Provider means an suspension or revocation? compensated by the lender for those Agent who carries out lender functions Any unlawful or unethical activity is activities; discloses the referral activities in originating, disbursing, servicing, or good cause for suspension or revocation to the Applicant; and discloses the liquidating a specific SBA business loan of the privilege to conduct business. packaging activities to the lender. or loan portfolio for compensation from This includes: the lender. SBA determines whether or (a) Attempting to influence any (h) Violating materially the terms of not one is a ‘‘Lender Service Provider’’ employee of SBA or a lender, by gifts, any compensation agreement or Lender on a loan-by-loan basis. bribes or other unlawful or unethical Service Provider agreement provided for (e) Packager means an Agent who is activity, with respect to any matter in § 103.5. employed and compensated by an involving SBA assistance. (i) Violating or assisting in the Applicant or lender to prepare the (b) Soliciting for the provision of violation of any SBA regulations, Applicant’s application for financial services to an Applicant by another policies, or procedures of which the assistance from SBA. SBA determines entity when there is an undisclosed Applicant has been made aware. 2682 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

§ 103.5 How does SBA regulate an Agent's of its existing regulations to determine minor clarifications, technical fees and provision of service? which might be revised or eliminated. corrections, and deletions of (a) Any Applicant, Agent, or Packager This final rule essentially reorganizes all unnecessary language. must execute and provide to SBA a but two of the regulations pertaining to The proposed rule consolidated into compensation agreement, and any procedures before the Office of Hearings part 134 rules of practice only Lender Service Provider must execute and Appeals (OHA) and consolidates applicable to 8(a) program appeals. and provide to SBA a Lender Service them into one part. In addition, the rule However, part 124 of chapter 13 is not Provider agreement. Each agreement clarifies, simplifies, and significantly being amended at this time and, thus, governs the compensation charged for shortens those regulations. A number of certain of the provisions in the proposed services rendered or to be rendered to substantive changes are also made. rule which solely related to the 8(a) the Applicant or lender in any matter DATES: This rule is effective February program have been deleted as involving SBA assistance. SBA provides 28, 1996. This rule applies with respect unnecessary in light of the existing part the form of compensation agreement to all cases filed with OHA on or after 124. Specifically, proposed §§ 134.104, and a suggested form of Lender Service February 28, 1996. 134.203(a)(2), 134.213, 134.222 (a) and Provider agreement to be used by FOR FURTHER INFORMATION CONTACT: Gary (b), 134.223 (c) and (d), 134.224, Agents. Fox, Chief Counsel for Special 134.226(b), and 134.227(a) have been (b) Compensation agreements must Litigation, Office of General Counsel, deleted, in whole or in part, so as to provide that in cases where SBA deems Small Business Administration, 409 eliminate references to 8(a) program the compensation unreasonable, the Third Street SW., Washington, D.C. appeals. Agent or Packager must: reduce the 20416, at (202) 205–6643. charge to an amount SBA deems For a detailed description of the other SUPPLEMENTARY INFORMATION: reasonable, refund any sum in excess of On March changes made to this rule, please refer the amount SBA deems reasonable to 4, 1995, President Clinton issued a to SBA’s proposed rule, published at 60 the Applicant, and refrain from charging memorandum to Federal agencies, FR 58282 (November 27, 1995). or collecting, directly or indirectly, from directing them to simplify their Finally, parts 112, 113, 124, and 136 the Applicant an amount in excess of regulations. In response to this are amended so that the citations, the amount SBA deems reasonable. directive, SBA has completed a page-by- within those parts, to specific sections (c) Each Lender Service Provider must page, line-by-line review of all of its of part 134 will correspond to the enter into a written agreement with each existing regulations to determine which section numbers set forth in this rule. might be revised or eliminated. This lender for whom it acts in that capacity. Compliance With Executive Orders SBA will review all such agreements. rule consolidates most existing regulations governing proceedings 12612, 12778, and 12866, the Such agreements need not contain each Regulatory Flexibility Act (5 U.S.C. 601 and every provision found in the SBA’s before OHA into part 134 with the exception of those solely relating to 8(a) et seq.), and the Paperwork Reduction suggested form of agreement. However, Act (44 U.S.C. Ch. 35) each agreement must indicate that both program proceedings, which are set parties agree not to engage in any forth in part 124 of this chapter, and SBA certifies that this rule does not sharing of secondary market premiums, those solely pertaining to proceedings have a significant economic impact on that the services to be provided are under the Program Fraud Civil a substantial number of small entities accurately described, and that the Remedies Act, which are contained in within the meaning of Executive Order agreement is otherwise consistent with part 142 of this chapter. This rule also 12866 or the Regulatory Flexibility Act, SBA requirements. Subject to the clarifies, simplifies, and revises the 5 U.S.C. 601 et seq. This rule would prohibition on splitting premiums, current rules, reorganizes sections for reorganize and simplify the rules lenders have reasonable discretion in ease of use, and eliminates unnecessary governing procedures before SBA’s setting compensation for Lender Service provisions. Office of Hearings and Appeals. Providers. However, such compensation The rule is divided into four subparts. Contracting opportunities and financial may not be directly charged to an Subpart A contains general rules. assistance for small business are not Applicant or borrower. Subpart B contains rules of practice affected by this rule. Therefore, it is not generally applicable to all cases before likely to have an annual economic effect Dated: January 22, 1996. OHA except size and SIC code appeals. John T. Spotila, of $100 million or more, result in a However, as set forth in § 134.201, in major increase in costs or prices, or have Acting Administrator. the case of a conflict between a a significant adverse effect on [FR Doc. 96–1350 Filed 1–26–96; 8:45 am] particular rule in part 134, and a rule of competition or the United States BILLING CODE 8025±01±P procedure pertaining to OHA appearing economy. in another part of this title, the latter rule shall govern. Subpart C contains For purposes of the Paperwork 13 CFR Parts 112, 113, 124, 132, 134, the rules applicable to size and SIC code Reduction Act, 44 U.S.C. Ch. 35, SBA and 136 appeals. Subpart D contains the rules for certifies that this rule contains no new implementation of the Equal Access to reporting or recordkeeping Rules of Procedure Governing Cases Justice Act, currently contained in part requirements. Before the Office of Hearings and 132. For purposes of Executive Order Appeals Proposed changes to parts 132 and 12612, SBA certifies that this rule does not have any federalism implications AGENCY: Small Business Administration. 134 were published in the Federal warranting the preparation of a ACTION: Final rule. Register on November 27, 1995 (60 FR 58282). The public was invited to Federalism Assessment. SUMMARY: In response to President comment during a thirty-day comment For purposes of Executive Order Clinton’s government-wide regulatory period. SBA received no comments 12778, SBA certifies that this rule is reform initiative, the Small Business concerning these parts during that time drafted, to the extent practicable, in Administration (SBA) has completed a period. Accordingly, the following final accordance with the standards set forth page-by-page, line-by-line review of all rule contains no changes, other than in section 2 of that Order. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2683

List of Subjects 134.304 Commencement of appeals from Area Office means a Government size determinations and SIC code Contracting Area Office or a Disaster 13 CFR Part 132 designations. Area Office of the Small Business Claims, Equal Access to Justice, 134.305 The appeal petition. Administration. Lawyers. 134.306 Transmission of the case file. 134.307 Service and filing requirements. Day means a calendar day, unless a 13 CFR Part 134 134.308 Limitation on new evidence and Judge specifies otherwise. adverse inference from non-submission Hearing means the presentation and Administrative practice and in appeals from size determinations. consideration of argument and procedure, Organization and functions 134.309 Response to an appeal petition. evidence. A hearing need not include (Government agencies). 134.310 Discovery. live testimony or argument. For the above reasons, and under the 134.311 Oral hearings. Investment Act means the Small authority of 15 U.S.C. 634(b)(6), SBA 134.312 Evidence. Business Investment Act of 1958, 15 hereby amends 13 CFR Chapter I as 134.313 Applicability of subpart B U.S.C. 661 et seq. provisions. Judge means an Administrative Law follows: 134.314 Standard of review. 1. Part 134 is revised to read as 134.315 The record. Judge or an Administrative Judge of follows: 134.316 The decision. OHA, or the AA/OHA when he or she 134.317 Termination of jurisdiction. acts as an Administrative Judge. PART 134ÐRULES OF PROCEDURE 134.318 Return of the case file. OHA means the Office of Hearings GOVERNING CASES BEFORE THE and Appeals. OFFICE OF HEARINGS AND APPEALS Subpart DÐImplementation of the Equal Access to Justice Act Party means the petitioner, respondent, or intervenor. Subpart AÐGeneral Rules 134.401 What is the purpose of this Person means an individual or any Sec. subpart? form of business entity. 134.101 Definitions. 134.402 Under what circumstances may I apply for reimbursement? Petition means a written complaint, a 134.102 Jurisdiction of OHA. written appeal from an SBA 134.103 Rules applicable to time periods 134.403 What is an adversary adjudication? provided in this part. 134.404 What benefits may I claim? determination, or a written request for 134.405 Under what circumstances are fees the initiation of proceedings before Subpart BÐRules of Practice for Most and expenses reimbursable? OHA. Cases 134.406 Who is eligible for possible Pleading means a petition, an order to 134.201 Scope of the rules in this subpart reimbursement? show cause commencing a case, an B. 134.407 How do I know which eligibility appeal petition, an answer, or any 134.202 Commencement of cases. requirement applies to me? amendment or supplement to those 134.203 The petition. 134.408 What are the special rules for calculating net worth and number of documents. 134.204 Service and filing requirements. Respondent means any person or 134.205 Motion for a more definite employees? statement. 134.409 What is the difference between a governmental agency against which a 134.206 The answer. fee and an expense? case has been brought before OHA. 134.207 Amendments and supplemental 134.410 Are there limitations on SBA means the Small Business pleadings. reimbursement for fees and expenses? Administration. 134.208 Representation in cases before 134.411 What should I include in my SIC code means Standard Industrial OHA. application for an award? Classification code. 134.209 Requirement of signature. 134.412 What must a net worth exhibit Size determination means a formal 134.210 Intervention. contain? size determination made by an Area 134.211 Motions. 134.413 What documentation do I need for Office. 134.212 Summary decision. fees and expenses? 134.213 Discovery. 134.414 What deadlines apply to my § 134.102 Jurisdiction of OHA. application for an award and where do 134.214 Subpoenas. OHA has authority to conduct 134.215 Interlocutory appeals. I send it? 134.216 Alternative dispute resolution 134.415 How will proceedings relating to proceedings in the following cases: procedures. my application for fees and expenses be (a) The revocation or suspension of 134.217 Settlement. conducted? Small Business Investment Company 134.218 Judges. 134.416 How will I know if I receive an licenses, cease and desist orders, and 134.219 Sanctions. award? the removal or suspension of directors 134.220 Prohibition against ex parte 134.417 May I seek review of the ALJ’s and officers of licensees, under the communications. decision on my award? Investment Act and part 107 of this 134.221 Prehearing conferences. 134.418 How are awards paid? chapter; 134.222 Oral hearing. Authority: 5 U.S.C. 504; 15 U.S.C. 632, (b) Alleged violations of those civil 134.223 Evidence. 634(b)(6), and 637(a). 134.224 Standards for decision. rights laws which are effectuated by 134.225 The record. Subpart AÐGeneral Rules parts 112, 113, 117, and 136 of this 134.226 The decision. chapter; 134.227 Finality of decisions. § 134.101 Definitions. (c) The revocation of the privilege of 134.228 Review of initial decisions. As used in this part: a person to conduct business with SBA 134.229 Termination of jurisdiction. AA/OHA means the Assistant under the Act and part 103 of this Subpart CÐRules of Practice for Appeals Administrator for OHA. chapter; From Size Determinations and SIC Code Act means the Small Business Act, 15 (d) The eligibility of, or preferred or Designations U.S.C. 631 et seq. certified status of, any bank or non-bank 134.301 Scope of the rules in this subpart Address means the primary home or lender to continue to participate in SBA C. business address of a person or entity, loan programs under the Act and part 134.302 Who may appeal. including the street location or postal 120 of this chapter; 134.303 No absolute right to an appeal from box number, city or town, state, and (e) The suspension or termination of a size determination. postal zip code. surety bond program participants under 2684 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

15 U.S.C. 694a et seq. and part 115 of to proceedings under the Program Fraud the attorney shown in the party’s this chapter; Civil Remedies Act are set forth, submission or in a notice of appearance; (f) The rights, privileges, or respectively, in parts 124 and 142 of this (3) If SBA is the party, unless an obligations of development companies chapter. In the case of a conflict attorney has been specified in SBA’s under section 504 of the Investment Act between a particular rule in this part, submissions to OHA, by mailing to: and part 120, subpart H, of this chapter; and a rule of procedure pertaining to Office of General Counsel, Small (g) Allowance of fees and expenses OHA appearing in another part of this Business Administration, 409 Third under the Equal Access to Justice Act, chapter, the latter rule shall govern. Street, S.W., Washington, D.C. 20416. 5 U.S.C. 504; (b) Filing. (1) All pleadings and other (h) Debarment from appearance before § 134.202 Commencement of cases. submissions must be filed with OHA by the SBA because of post-employment A case may be commenced by filing personal delivery, first-class mail, restrictions under 18 U.S.C. 207 and a written petition within the following express mail, facsimile transmission, or part 105 of this chapter; time periods: commercial delivery service. Filing may (i) Collection of debts owed to SBA (a) Except as provided by paragraphs only be accomplished at the following and the United States under the Debt (b) through (d) of this section, no later address: Office of Hearings and Appeals, Collection Act of 1982 and part 140 of than 45 days from the date of service of Small Business Administration, 409 this chapter; the SBA action or determination to Third Street, S.W., Washington, D.C. (j) Appeals from the following SBA which the petition relates; 20416. 8(a) program determinations under the (b) In debt collection proceedings (2) If filing is by personal delivery or Act and part 124 of this chapter: under part 140 of this chapter, no later commercial delivery service, such filing (1) Denial of program admission based than 15 days after receipt of a notice of must be accomplished between the solely on a negative finding as to social indebtedness and intention to collect hours of 8:30 a.m. and 5:00 p.m. If filing disadvantage, economic disadvantage, such debt by salary or administrative is by facsimile transmission, the ownership or control; program offset; telephone number to be used may be termination; program graduation; or (c) In applications for an award of fees obtained by calling OHA. denial of a waiver of the requirement to pursuant to subpart D of this part, no (c) Copies. Only the original of a perform to completion an 8(a) contract; later than 30 days after the decision to pleading or other submission must be and which it applies becomes final; filed with OHA. In the case of a (2) Program suspension; (d) For 8(a) program suspension document offered as evidence, an (k) Appeals from size determinations proceedings, see § 124.211 of this authenticated copy may be filed instead and SIC code designations under part chapter. of the original. (d) Certificate of service. A signed 121 of this chapter; § 134.203 The petition. (l) The imposition of civil penalties certificate stating how and when service (a) A petition must contain the and assessments against persons who was made on all parties must be following: make false claims or statements to SBA attached to each pleading or other (1) The basis of OHA’s jurisdiction; under the Program Fraud Civil submission filed with OHA. (2) A clear and concise statement of Remedies Act, 31 U.S.C. 3801–3812 and (e) Date. Unless otherwise specified the factual basis of the case; part 142 of this chapter; and by the Judge, the date of service or filing (3) The relief being sought; and (m) Any other hearing, determination, is as follows: (4) The name, address, telephone (1) If by facsimile transmission, the or appeal proceeding referred to OHA number, and signature of the petitioner by the Administrator of SBA. date of transmission. or its attorney. (2) If by first-class mail, the date of § 134.103 Rules applicable to time periods (b) A petition which does not contain postmark. Where the postmark is provided in this part. all of the information required by illegible or incomplete, there is a (a) The day from which the time paragraph (a) of this section may be rebuttable presumption that the period is computed is excluded, but the dismissed, with or without prejudice, at postmark was dated five days prior to last business day is counted, excluding the Judge’s own initiative, or upon the date of receipt. Saturday, Sunday, or Federal holiday. motion of the respondent. (3) If by personal delivery, express (b) At the Judge’s initiative, or upon § 134.204 Service and filing requirements. mail, or commercial delivery service, the motion of a party showing good the date of receipt. (a) Service. Each party is responsible cause, the Judge may modify any of the (f) Confidential information. Any for the service of its pleadings and other applicable time limits, other than those information in pleadings or other submissions upon all other parties or established by statute and those submissions that is believed by the their attorneys. Unless otherwise governing when a case may be submitting party to constitute ordered by the Judge, service is made by commenced. Any motion to extend a proprietary or confidential information providing each party, or its attorney, time limit must be filed and served need not be served upon parties so long with a copy of the pleading or other before the expiration of that time limit. as the deletions are clearly identified submission by personal delivery, first- and generally described in the Subpart BÐRules of Practice for Most class mail, express mail, facsimile documents which are served. Upon Cases transmission, or commercial delivery motion, the Judge may direct that the service. Service by mail must be withheld information be provided to § 134.201 Scope of the rules in this directed as follows: other parties, subject to any appropriate subpart B. (1) To a party’s last-known residence protective order. The rules in this subpart generally or business address if it has not yet apply to all proceedings over which appeared in the case, or to the address § 134.205 Motion for a more definite OHA has jurisdiction, except for appeals of a party which has appeared as shown statement. from size determinations and SIC code in its submission; (a) Procedure. No later than 20 days designations. Specific procedural rules (2) If a party has appeared in the case after service of the petition or order to pertaining to 8(a) program appeals and through an attorney, to the address of show cause, the respondent may serve Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2685 and file a motion requesting a more permit the service and filing of a response or be deemed to have definite statement of particular supplemental pleading setting forth consented to the relief sought. Unless allegations in the petition. relevant transactions or occurrences that the Judge directs otherwise, the moving (b) Stay. The serving and filing of a have taken place since the filing of the party will have no right to reply to a motion for a more definite statement original pleading. response, nor will oral argument be stays the time for serving and filing an (c) 8(a) appeals. In 8(a) program heard on the motion. answer. The Judge will establish the appeals, amendments to pleadings and (c) Service of orders. OHA will serve time for serving and filing an answer. supplemental pleadings will be upon all parties any written order permitted by the Judge only upon a issued in response to a motion. § 134.206 The answer. showing of good cause. (a) A respondent must serve and file (d) Answer. In an order permitting the § 134.212 Summary decision. an answer within 45 days after the serving and filing of an amended or (a) Grounds. A party may move for service of a petition or order to show supplemented petition or order to show summary decision at any time as to all cause, except that debt collection cause, the Judge will establish the time or any portion of the case, on the proceeding answers are due within 30 for serving and filing an answer. grounds that there is no genuine issue days. as to any material fact, and that the (b) The answer must contain the § 134.208 Representation in cases before moving party is entitled to a decision in OHA. following: its favor as a matter of law. (1) An admission or denial of each of (a) A party may represent itself, or be (b) Contents of motion. The motion the factual allegations contained in the represented by a duly licensed attorney. must include a statement of the material petition or order to show cause, or a A member of a partnership may facts believed not to be disputed, and statement that the respondent denies represent the partnership, and an officer relevant law. Supporting affidavits may knowledge or information sufficient to may represent a corporation, trust, or also be included. determine the truth of a particular association. (c) Cross-motions. In its response to a allegation; (b) An attorney for a party who did motion for summary decision, a party (2) Any affirmative defenses; and not appear on behalf of that party in the may cross-move for summary decision. (3) The name, address, telephone party’s first filing with OHA must serve The initial moving party may serve and number, and signature of the respondent and file a written notice of appearance. file a response to any cross-motion for (c) An attorney seeking to withdraw or its attorney. summary decision within 20 days after from a case must serve and file a motion (c) Allegations in the petition or order the service of that cross-motion. to show cause which are not answered for the withdrawal of his or her (d) Stay. A motion for summary in accordance with paragraph (b)(1) of appearance. decision stays the time to answer. The this section will be deemed admitted § 134.209 Requirement of signature. Judge will establish the time for serving unless injustice would occur. Every written submission to OHA, and filing an answer in the order (d) Upon an appeal from an SBA other than evidence, must be signed by determining the motion for summary determination concerning the 8(a) the party filing that submission, or by decision. program, SBA must serve and file the the party’s attorney. By signing the § 134.213 Discovery. administrative record pertaining to that submission, a party or its attorney (a) Motion. A party may obtain determination within the same time attests that the statements and discovery only upon motion, and for period applicable to the service and allegations in that submission are true to good cause shown. For 8(a) program filing of its answer. If SBA fails to do so, the best of its knowledge, and that the appeals other than those involving the Judge will issue an order directing submission is not being filed for the suspensions, see § 124.210 of this SBA to serve and file the administrative purpose of delay or harassment. record by a specified date. chapter. (e) If the respondent fails to serve and § 134.210 Intervention. (b) Forms. The forms of discovery file an answer within the time period set (a) By SBA. SBA may intervene as of which a Judge can order under forth in paragraph (a) of this section, or right at any time in any case until final paragraph (a) of this section include within any extended time period decision. requests for admissions, requests for granted by the Judge, that failure will (b) By interested persons. Any production of documents, constitute a default. Following such a individual, partnership, association, interrogatories, and depositions. default, the respondent may be corporation, trust, or governmental (c) Limitations. Discovery may be prohibited from participating further in agency may move to intervene at any limited in accordance with the terms of the case, except to serve and file the time until final decision by serving and a protective order. Further, privileged administrative record in accordance filing a motion to intervene containing information and irrelevant issues or with paragraph (d) of this section. a statement of the movant’s interest in facts will not be subject to discovery. the case and the necessity for (d) Disputes. If a dispute should arise § 134.207 Amendments and supplemental intervention to protect such interest. between the parties over a particular pleadings. The Judge may grant leave to intervene discovery request, the party seeking (a) Amendments. Upon motion, and upon such terms as he or she deems discovery may serve and file a motion under terms needed to avoid prejudice appropriate. to compel discovery. Discovery may be to any non-moving party, the Judge may opposed on the grounds of harassment, permit the service and filing of § 134.211 Motions. needless embarrassment, irrelevance, amendments to pleadings. However, an (a) Contents. All motions must state undue burden or expense, privilege, or amendment will not be permitted if it the relief being requested, as well as the confidentiality. would cause unreasonable delay in the grounds and any authority for that determination of the matter. relief. § 134.214 Subpoenas. (b) Supplements. Upon motion, and (b) Response. No later than 20 days (a) Availability. At the request of a under terms needed to avoid prejudice after the service of a motion, all non- party, or upon his or her own initiative, to any non-moving party, the Judge may moving parties must serve and file a a Judge may issue a subpoena requiring 2686 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations a witness to appear and testify, or to § 134.216 Alternative dispute resolution (d) Submits false statements produce particular documents, at a procedures. knowingly, recklessly, or with specified time and place. At any time during the pendency of deliberate disregard for the truth; or (b) Requests. A request for the a case, the parties may submit a joint (e) Otherwise acts in an unethical or issuance of a subpoena must be written, motion requesting that the Judge permit disruptive manner. served upon all parties, and filed. The the use of alternative dispute resolution § 134.220 Prohibition against ex parte request must clearly identify the witness procedures to assist in resolving the communications. and any documents to be subpoenaed, matter. If the motion is granted, the No person shall consult or and must set forth the relevance of the Judge will also stay the proceedings communicate with a Judge concerning testimony or documents sought. before OHA, in whole or in part, as he any fact, question of law, or SBA policy (c) Service. A subpoena may only be or she deems appropriate, pending the relevant to the merits of a case before served by personal delivery. The outcome of the alternative dispute that Judge except on prior notice to all individual making service shall prepare resolution procedures. an affidavit stating the date, time, and parties, and with the opportunity for all place of the service. The party which § 134.217 Settlement. parties to participate. In the event of obtained the subpoena must serve upon At any time during the pendency of such prohibited consultation or communication, the Judge will disclose all other parties, and file with OHA, a a case, the parties may submit a the occurrence in accordance with 5 copy of the subpoena and affidavit of settlement agreement, signed by all U.S.C. 557(d)(1), and may impose such service within 2 days after service is settling parties, to the Judge. Settlement sanctions as he or she deems made. negotiations, and rejected settlement (d) Motion to quash. A motion to limit agreements, are not admissible into appropriate. or quash a subpoena must be served and evidence. § 134.221 Prehearing conferences. filed within 10 days after service of the § 134.218 Judges. Prior to a hearing, the Judge, at his or subpoena, or by the return date of the her own initiative, or upon the motion (a) Assignment. The AA/OHA will subpoena, whichever date comes first. of any party, may direct the parties or assign all cases subject to the Any response to the motion must be their attorneys to appear, by telephone Administrative Procedure Act, 5 U.S.C. served and filed within 10 days after or in person, in order to consider any 551 et seq., to an Administrative Law service of the motion, unless a shorter matter which may assist in the efficient, Judge. The AA/OHA will assign all time is specified by the Judge. No oral prompt, and fair determination of the other cases before OHA to either an argument will be heard on the motion case. The conference may be recorded Administrative Law Judge or an unless the Judge directs otherwise. verbatim at the discretion of the Judge, Administrative Judge, or, if the AA/ and, if so, a party may purchase a § 134.215 Interlocutory appeals. OHA is a duly licensed attorney, to transcript, at its own expense, from the (a) General. A motion for leave to take himself or herself. recording service. an interlocutory appeal from a Judge’s (b) Authority. Except as otherwise ruling will not be entertained in those limited by this part, or by statute or § 134.222 Oral hearing. proceedings in which OHA issues final other regulation, a Judge has the (a) Availability. A party may obtain an decisions. In all other cases, an authority to take all appropriate action oral hearing only if: interlocutory appeal will be permitted to ensure the efficient, prompt, and fair (1) It is required by regulation; or only if, upon motion by a party, or upon determination of a case, including, but (2) Following the motion of a party, or the Judge’s own initiative, the Judge not limited to, the authority to at his or her own initiative, the Judge certifies that his or her ruling raises a administer oaths and affirmations and to orders an oral hearing upon concluding question which is immediately subpoena and examine witnesses. that there is a genuine dispute as to a appealable. Interlocutory appeals will (c) Recusal. Upon the motion of a material fact that cannot be resolved be decided by the AA/OHA or a party, or upon the Judge’s own except by the taking of testimony and designee. initiative, a Judge will promptly recuse the confrontation of witnesses; or (b) Motion for certification. A party himself or herself from further (3) In 8(a) program appeals other than must serve and file a motion for participation in a case whenever those involving suspensions, the certification no later than 20 days after disqualification is appropriate due to requirements of § 124.210 of this issuance of the ruling to which the conflict of interest, bias, or some other chapter are met. motion applies. A denial of the motion significant reason. A denial of a motion (b) Place and time. The place and does not preclude objections to the for recusal may be immediately time of oral hearings is within the ruling in any subsequent request for appealed to the AA/OHA, or to the discretion of the Judge, who shall give review of an initial decision. Administrative Law Judge if the AA/ due regard to the necessity and (c) Basis for certification. The Judge OHA is the Judge, but that appeal will convenience of the parties, their will certify a ruling for interlocutory not stay proceedings in the case. attorneys, and witnesses. The Judge may appeal only if he or she determines that: direct that an oral hearing be conducted (1) The ruling involves an important § 134.219 Sanctions. by telephone. question of law or policy about which A Judge may impose appropriate (c) Public access. Unless otherwise there is substantial ground for a sanctions, except for fees, costs, or ordered by the Judge, all oral hearings difference of opinion; and monetary penalties, which he or she are public. (2) An interlocutory appeal will deems necessary to serve the ends of (d) Payment of subpoenaed witnesses. materially expedite resolution of the justice, if a party or its attorney: A party which obtains a witness’ case, or denial of an interlocutory (a) Fails to comply with an order of presence at an oral hearing by subpoena, appeal would cause undue hardship to the Judge; must pay to that witness the fees and a party. (b) Fails to comply with the rules set mileage costs to which the witness (d) Stay of proceedings. A stay while forth in this part; would be entitled in Federal Court. an interlocutory appeal is pending will (c) Acts in bad faith or for purposes (e) Recording. Oral hearings will be be at the discretion of the Judge. of delay or harassment; recorded verbatim. A transcript of a Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2687 recording may be purchased by a party, collection of debts owed to SBA and the Subpart CÐRules of Practice for at its own expense, from the recording United States, under the Debt Collection Appeals From Size Determinations and service. Act of 1982 and part 140 of this chapter. SIC Code Designations (b) Initial decisions. All decisions on § 134.223 Evidence. § 134.301 Scope of the rules in this the merits other than those set forth in subpart C. (a) Federal Rules of Evidence. Unless paragraph (a) of this section are initial contrary to a particular rule in this part, decisions. However, unless a request for The rules of practice in this subpart or an order of the Judge, the Federal review is filed pursuant to § 134.228(a), C apply to all appeals to OHA from: (a) Formal size determinations made Rules of Evidence will be used as a an initial decision shall become the by an SBA Government Contracting general guide in all cases before OHA. final decision of SBA 30 days after its (b) Hearsay. Hearsay evidence is Area Office, under part 121 of this issuance. admissible if it is deemed by the Judge chapter, or by a Disaster Area Office, in to be relevant and reliable. § 134.228 Review of initial decisions. connection with applications for disaster loans; and (a) Request for review. Within 30 days § 134.224 Standards for decision. (b) SIC code designations, pursuant to after the service of an initial decision, The decision of a Judge will be based part 121 of this chapter. upon a preponderance of the evidence. any party, or SBA’s Office of General Counsel, may serve and file with OHA § 134.302 Who may appeal. § 134.225 The record. a request for review. A request for Appeals from size determinations and (a) Contents. The record of a case review must set forth the filing party’s SIC code designations may be filed with before OHA will consist of all pleadings, specific objections to the initial OHA by the following, as applicable: motions, and other non-evidentiary decision, and any alleged support for (a) Any person adversely affected by submissions, all admitted evidence, all those objections in the record, or in case a size determination; orders and decisions, and any law, statute, regulation, or SBA policy. (b) Any person adversely affected by transcripts of proceedings in the case. A party must serve its request for review a SIC code designation. However, with (b) Public access. Except for upon all other parties and upon SBA’s respect to an 8(a) contract, only the information subject to a protective Office of General Counsel. Associate Administrator for Minority order, proprietary or confidential (b) Response. Within 20 days after the Enterprise Development may appeal a information withheld in accordance service of a request for review, any SIC code designation; with this part, or any other information party, or SBA’s Office of General (c) The Associate or Assistant which is excluded from disclosure by Counsel, may serve and file with OHA Administrator for the SBA program law or regulation, the record will be a response. A party must serve its involved, through SBA’s Office of available at OHA for public inspection response upon all other parties and General Counsel; or during normal business hours. Copies of upon SBA’s Office of General Counsel. (d) The procuring agency contracting the documents available for public (c) Transfer of the record. Upon officer responsible for the procurement inspection may be obtained by the receipt of all responses, or 30 days after affected by a size determination. public upon payment of any duplication the filing of a request for review, charges. § 134.303 No absolute right to an appeal whichever is earlier, OHA will transfer (c) Closure. The Judge will set the date from a size determination. the record of the case to the upon which the pre-decisional record of It is within the discretion of the Judge Administrator. The Administrator, or the case will be closed, and after which whether to accept an appeal from a size his or her designee, will then review the no additional evidence or argument will determination. If the Judge decides not record. be accepted. to consider such an appeal, he or she (d) Standard of review. Upon review, will issue an order denying review, and § 134.226 The decision. the Administrator, or his or her specifying the reasons for the decision. (a) Contents. Following closure of the designee, will sustain the initial record, the Judge will issue a decision decision unless it is based on an § 134.304 Commencement of appeals from containing findings of fact and erroneous finding of fact or an size determinations and SIC code designations. conclusions of relevant law, reasons for erroneous interpretation or application such findings and conclusions, and any of case law, statute, regulation, or SBA (a) Appeals from size determinations relief ordered. The contents of the policy. and SIC code designations must be commenced by serving and filing an record will constitute the exclusive (e) Order. The Administrator, or his or appeal petition as follows: basis for a decision. her designee, will: (b) Time limits. Decisions pertaining (1) If appeal is from a size (1) Affirm, reverse, or modify the determination in a pending to the collection of debts owed to SBA initial decision, which determination and the United States under the Debt procurement or pending Government will become the final decision of the property sale, then the appeal petition Collection Act of 1982 and part 140 of SBA upon issuance; or this chapter must be rendered within 60 must be served and filed within 15 days days after a petition is filed. (2) Remand the initial decision to the after service of the size determination; (c) Service. OHA will serve a copy of Judge for appropriate further (2) If appeal is from a size all written decisions on: proceedings. determination other than one in a pending procurement or pending (1) Each party, or, if represented by § 134.229 Termination of jurisdiction. counsel, on its counsel; and Government property sale, then the (2) SBA’s General Counsel, or his or The jurisdiction of OHA will appeal petition must be served and filed her designee, if SBA is not a party. terminate upon the issuance of a within 30 days after service of the size decision by a Judge resolving all determination; § 134.227 Finality of decisions. material issues of fact and law unless (3) If appeal is from a SIC code (a) Final decisions. A decision on the the case is subsequently remanded for designation, then the appeal petition merits shall be a final decision, upon appropriate further proceedings, must be served and filed within 10 days issuance, in proceedings concerning the pursuant to § 134.228(e)(2). after the issuance of the initial 2688 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations invitation for bids or initial request for that determination. Upon receipt of an § 134.312 Evidence. proposals or quotations. appeal petition pertaining to a SIC code To the extent the rules in this subpart (b) An untimely appeal will be designation, the contracting officer who permit the submission of evidence, the dismissed. However, an appeal which is designated the SIC code must provisions of § 134.223 (a) and (b) untimely under paragraph (a)(1) of this immediately send to OHA the apply. section, with respect to a pending solicitation relating to that designation. procurement or sale, may, if timely § 134.313 Applicability of subpart B under paragraph (a)(2) of this section, § 134.307 Service and filing requirements. provisions. proceed with respect to future The provisions of § 134.204 apply to The following sections from subpart B procurements or sales. the service and filing of all pleadings of this part apply to an appeal under and other submissions permitted under this subpart C: § 134.207(a) (pertaining § 134.305 The appeal petition. this subpart. to amendments to pleadings); § 134.208 (a) Form. There is no required format (Representation in cases before OHA); for an appeal petition. However, it must § 134.308 Limitation on new evidence and § 134.209 (Requirement of signature); adverse inference from non-submission in include the following information: appeals from size determinations. § 134.210 (Intervention); § 134.211 (1) The Area Office which issued the (Motions); § 134.214 (Subpoenas); (a) Evidence not previously presented size determination, or the contracting § 134.218 (Judges); § 134.219 to the Area Office which issued the size office which designated the SIC code; (Sanctions); and § 134.220 (Prohibition determination being appealed will not (2) The solicitation or contract against ex parte communications). number, and the name, address, and be considered by a Judge unless: (1) The Judge, on his or her own telephone number of the contracting § 134.314 Standard of review. initiative, orders the submission of such officer; The standard of review is whether the (3) A full and specific statement as to evidence; or size determination or SIC code (2) A motion is served and filed why the size determination or SIC code designation was based on clear error of establishing good cause for the designation is alleged to be in error, fact or law. submission of such evidence. together with argument supporting such (b) If the submission of evidence is § 134.315 The record. allegations; and ordered by a Judge, and the party in (4) The name, address, telephone Where relevant, the provisions of possession of that evidence does not number, and signature of the appellant § 134.225 (a), (b), and (c) apply. In an submit it, the Judge may draw adverse or its attorney. appeal under this subpart, the contents inferences against that party. (b) Service of size determination of the record also include the case file appeals. The appellant must serve the § 134.309 Response to an appeal petition. or solicitation submitted to OHA in accordance with § 134.306. appeal petition upon each of the (a) Who may respond. Any person following: served with an appeal petition, or any § 134.316 The decision. (1) The SBA official who issued the other interested person, may serve and (a) Contents. Following closure of the size determination; file a response supporting or opposing (2) The contracting officer responsible record, the Judge will issue a decision the appeal. The response should present containing findings of fact and for the procurement affected by a size argument. determination; conclusions of law, reasons for such (b) Time limits. Unless otherwise findings and conclusions, and any relief (3) The business concern whose size specified by the Judge, a respondent status is at issue; ordered. must serve and file a response within 10 (b) Finality. The decision is the final (4) All persons who filed protests; and days after service of the appeal petition (5) SBA’s Office of General Counsel. decision of the SBA and becomes upon it. effective upon issuance. (c) Service of SIC appeals. The (c) Service. The respondent must appellant must serve the contracting (c) Service. OHA will serve a copy of serve its response upon the appellant all written decisions on: officer who made the SIC code and upon each of the persons identified designation. (1) Each party, or, if represented by in the certificate of service attached to counsel, on its counsel; and (d) Certificate of service. The the appeal petition pursuant to appellant must attach to the appeal (2) SBA’s General Counsel, or his or § 134.305. her designee, if SBA is not a party. petition a signed certificate identifying (d) Reply to a response. No reply to each person or governmental agency a response will be permitted unless the § 134.317 Termination of jurisdiction. which was served with the notice of Judge directs otherwise. The jurisdiction of OHA will appeal, and how and when each of terminate upon the issuance of a those persons or governmental agencies § 134.310 Discovery. decision. was served. Discovery will not be permitted in (e) Dismissal. An appeal petition appeals from size determinations or SIC § 134.318 Return of the case file. which does not contain all of the code designations. Upon termination of jurisdiction, information required in paragraph (a) of § 134.311 Oral hearings. OHA will return the case file to the this section may be dismissed, with or transmitting Area Office. The remainder Oral hearings will not be held in without prejudice, by the Judge at his or of the record will be retained by OHA. her own initiative, or upon motion of a appeals from SIC code designations, and respondent. will be held in appeals from size Subpart DÐImplementation of the determinations only upon a finding by Equal Access to Justice Act § 134.306 Transmission of the case file. the Judge of extraordinary Upon receipt of an appeal petition circumstances. If such an oral hearing is § 134.401 What is the purpose of this pertaining to a size determination, the ordered, the proceeding shall be subpart? Area Office which issued the size conducted in accordance with those The Equal Access to Justice Act, 5 determination must immediately send rules of subpart B of this part as the U.S.C. 504, establishes procedures by to OHA the entire case file relating to Judge deems appropriate. which prevailing parties in certain Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2689 administrative proceedings may apply These adjudications (‘‘administrative (b) The ALJ may reduce or deny an for reimbursement of fees and other proceedings’’) include those award for reimbursement if you have expenses. Eligible parties may receive proceedings listed in § 134.102 (a), (i), unreasonably protracted the awards when they prevail over SBA, and (j)(1), but do not include other OHA administrative proceeding or if other unless SBA’s position in the proceeding proceedings such as those listed in special circumstances would make the was ‘‘substantially justified’’ or, as § 134.102(k). In order for an award unjust. provided in § 134.405(b), special administrative proceeding to qualify, (c) Awards for fees and expenses circumstances make an award unjust. SBA must have been represented by incurred before the date on which an The rules of this subpart explain which counsel or by another representative administrative proceeding was initiated OHA proceedings are covered, who may who enters an appearance and are allowable only if you can be eligible for an award of fees and participates in the proceeding. demonstrate that they were reasonably expenses, and how to apply for such an incurred in preparation for the award. § 134.404 What benefits may I claim? proceeding. § 134.402 Under what circumstances may I You may seek reimbursement for § 134.406 Who is eligible for possible apply for reimbursement? certain reasonable fees and expenses reimbursement? You may apply for reimbursement incurred in prosecuting or defending a (a) You are eligible for possible under this subpart if you meet the claim in an administrative proceeding. reimbursement if: eligibility requirements in § 134.406 and § 134.405 Under what circumstances are (1) You are an individual, owner of an you prevail over SBA in a final decision fees and expenses reimbursable? unincorporated business, partnership, in: corporation, association, organization, (a) The type of administrative (a) If you are a prevailing eligible or unit of local government; and proceeding which qualifies as an party, you may receive an award for (2) You are a party, as defined in 5 ‘‘adversary adjudication’’ under reasonable fees and expenses unless the U.S.C. 551(3); and § 134.403; or position of the agency in the proceeding (3) You are the prevailing party; and (b) An ancillary or subsidiary issue in is found by the ALJ to be ‘‘substantially (4) You meet certain net worth and that administrative proceeding that is justified’’, or special circumstances exist employee eligibility requirements set sufficiently significant and discrete to which make an award unjust. The forth in § 134.407. merit treatment as a separate unit; or ‘‘position of the agency’’ includes not (b) You are not eligible for possible (c) A matter which the agency orders only the position taken by SBA in the reimbursement if you participated in the to be determined as an ‘‘adversary administrative proceeding, but also the administrative proceeding only on adjudication’’ under 5 U.S.C. 554. position which it took in the action behalf of persons or entities that are which led to the administrative ineligible. § 134.403 What is an adversary proceeding. No presumption arises that adjudication? SBA’s position was not substantially § 134.407 How do I know which eligibility For purposes of this subpart, justified simply because it did not requirement applies to me? adversary adjudications are prevail in a proceeding. However, upon Follow this chart to determine your administrative proceedings before OHA your assertion that the position of SBA eligibility. You should calculate your which involve SBA as a party and was not substantially justified, SBA will net worth and the number of your which are required to be conducted by be required to establish that its position employees as of the date the an Administrative Law Judge (‘‘ALJ’’). was reasonable in fact and law. administrative proceeding was initiated.

If your participation in the proceeding was: Eligibility requirements:

(1) As an individual rather than a business owner ...... (1) Personal net worth may not exceed 2 million dollars. (2) As owner of an unincorporated business ...... (2) Personal net worth may not exceed 7 million dollars, and No more than 500 employees. (3) As a partnership, corporation, association, organization, or unit of (3) Business net worth may not exceed 7 million dollars, and local government. No more than 500 employees. (4) As a charitable or other tax-exempt organization described in 26 (4) No net worth limitations, and U.S.C. 501(c)(3) or a cooperative association as defined in 12 U.S.C. No more than 500 employees. 1141j(a).

§ 134.408 What are the special rules for partnership, corporation, association, (c) Your employees include all those calculating net worth and number of organization, or unit of local persons regularly working for you at the employees? government, your net worth must time the administrative proceeding was (a) Your net worth must include the include the net worth of all of your initiated, whether or not they were at value of any assets disposed of for the affiliates. ‘‘Affiliates’’ are: work on that date. Part-time employees purpose of meeting an eligibility (1) Corporations or other business must be included on a proportional standard, and must exclude any entities which directly or indirectly own basis. You must include the employees obligation incurred for that purpose. or control a majority of the voting shares of all your affiliates in your total Transfers of assets, or obligations or other ownership interests in the number of employees. incurred, for less than reasonably applicant concern; and § 134.409 What is the difference between a equivalent value will be presumed to (2) Corporations or other business fee and an expense? have been made for the purpose of entities in which the applicant concern A fee is a charge to you for the meeting an eligibility standard. directly or indirectly owns or controls a professional services of attorneys, (b) If you are an owner of an majority of the voting shares or other agents, or expert witnesses rendered in unincorporated business, or a ownership interests. connection with your case. An expense 2690 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations is the cost to you of any study, analysis, an expert witness may not exceed $25 (5) Your net worth and number of engineering report, test, project, or per hour, regardless of the rate charged. employees as of the date the similar matter prepared in connection (d) An award for the reasonable cost administrative proceeding was initiated, with your case. of any study, analysis, engineering or a statement that one or both of these report, test, project or similar matter eligibility requirements do not apply to § 134.410 Are there limitations on prepared on your behalf may not exceed you; reimbursement for fees and expenses? the prevailing rate payable for similar (6) The amount of fees and expenses (a) Awards will be calculated on the services, and you may be reimbursed you are seeking, along with the invoice basis of fees and expenses actually only if the study or other matter was or billing statement from each service incurred. If services were provided by necessary to the preparation of your provider; one or more of your employees, or were case. made available to you free, you may not (7) A description of any affiliates (as seek an award for those services. If § 134.411 What should I include in my that term is defined in § 134.408), or a application for an award? services were provided at a reduced statement that no affiliates exist; rate, fees and expenses will be (a) Your application must be in the (8) A statement that the application form of a written petition which is calculated at that reduced rate. and any attached statements and served and filed in accordance with (b) In determining the reasonableness exhibits are true and complete to the § 134.204. It must contain the following of the fees for attorneys, agents or expert best of your knowledge and that you witnesses, the ALJ will consider at least information: (1) A statement that OHA has understand a false statement on these the following: jurisdiction over the case pursuant to documents is a felony punishable by (1) That provider’s customary fee for § 134.102(g); fine and imprisonment under 18 U.S.C. like services; (2) Identification of the administrative 1001; and (2) The prevailing rate for similar proceeding for which you are seeking an (9) (i) Your name and address; services in the community in which that award; provider ordinarily performs services; (ii) Your signature, or the signature of (3) A statement that you have either a responsible official or your (3) The time actually spent in prevailed, and a list of each issue in attorney; and representing you; and which you claim the position of SBA (4) The time reasonably spent in light was not substantially justified; (iii) The address and telephone of the difficulty and complexity of the (4) Your status as an individual, number of the person who signs the issues. owner of an unincorporated business, application. (c) An award for the fees of an partnership, corporation, association, (b) You should follow this chart to attorney or agent may not exceed $75 organization, or unit of local determine which further documents per hour, and an award for the fees of government; must be included with your application:

Party Required documents

(1) Individual, owner of unincorporated business, partnership, corpora- (1) Net worth exhibit. tion, association, organization, or unit of local government. (2) Organization qualified as tax-exempt under 26 U.S.C. 501(c)(3) ...... (2) Copy of a ruling by the Internal Revenue Service that you qualify as a 501(c)(3) organization or Statement that you were listed in the current edition of IRS Bulletin 78 as of the date the administrative proceeding was initiated. (3) Tax-exempt religious organization not required to obtain a ruling (3) Description of your organization and the basis for your belief you from the Internal Revenue Service on its exempt status. are exempt. (4) Cooperative association as defined in 12 U.S.C. 1141j(a) ...... (4) Copy of your charter or articles of incorporation, and Copy of your bylaws.

§ 134.412 What must a net worth exhibit the provisions of § 134.204(g), you need of his or her knowledge and that he or contain? not serve your net worth exhibit on she understands that a false statement is (a) A net worth exhibit may be in any other parties. punishable by fine and imprisonment format, but it must contain: under 18 U.S.C. 1001. § 134.413 What documentation do I need (1) List of all assets and liabilities for for fees and expenses? you and each affiliate in detail sufficient § 134.414 What deadlines apply to my You must submit a separate itemized application for an award and where do I to show your eligibility; statement or invoice for the services of send it? (2) Aggregate net worth for you and each provider for which you seek all affiliates; and After you have prevailed in an reimbursement. Each separate statement administrative proceeding or in a (3) Description of any transfers of or invoice must contain: assets from, or obligations incurred by, (a) The hours worked in connection discrete issue therein, you must serve, you or your affiliates within one year with the proceeding by each provider and file with OHA, your written prior to the initiation of the supplying a billable service; application for an award, and its administrative proceeding which (b) A description of the specific attachments, no later than 30 days after reduced your net worth below the services performed by each provider; the decision in the administrative eligibility ceiling, or a statement that no (c) The rate at which fees were proceeding becomes final under such transfers occurred. computed for each provider; § 134.227. The deadline for filing an (b) The net worth exhibit must be (d) The total charged by the provider application for an award may not be filed with your application, but will not on that statement or invoice; and extended. If SBA or another party be part of the public record of the (e) The provider’s verification that the requests review of the decision in the proceeding. Further, in accordance with statement or invoice is true to the best underlying administrative proceeding, Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2691 your request for an award for fees and column, remove the reference indicated existing regulations to determine which expenses may still be filed, but it will in the middle column from wherever it might be revised or eliminated. This not be considered by the ALJ until a appears in the section, and add in its rule reorganizes and rewords former final decision is rendered. place the reference in the right column: provisions for clarity and user- friendliness. Extensive renumbering was § 134.415 How will proceedings relating to Section Remove Add necessary for reorganization, my application for fees and expenses be conducted? simplification and clarification of 112.11(b) ...... 134.34 ...... 134.228 existing provisions. No substantive Proceedings will be conducted in 112.11(b) ...... 134.19 ...... 134.222 changes to existing provisions were accordance with the provisions in 112.11(b) ...... 134.21 ...... 134.211 made. subpart B of this part. 112.11(c) ...... 134.32(b) ...... 134.227(b) 113.7(b) ...... 134.34 ...... 134.228 SBA published its proposed changes § 134.416 How will I know if I receive an 113.7(b) ...... 134.19 ...... 134.222 to Part 142 in the Federal Register on award? 113.7(b) ...... 134.21 ...... 134.211 November 27, 1995 (60 FR 58297), The ALJ will issue an initial decision 113.7(c) ...... 134.32(b) ...... 134.227(b) inviting the public to comment during on the merits of your request for an 124.210(b) ..... 134.11(a) ...... 134.203(a) a thirty day comment period. Since no award which will become final in 30 124.210(d)(2) 134.12 ...... 134.202 comments were received, SBA has 124.211(g) ..... 134.19 ...... 134.222 decided to issue the final rule days unless a request for review is filed 136.170(j)(2) .. 134.34(a) ...... 134.228(a) under § 134.228. The decision will 136.170(j)(2) .. 134.34(b) ...... 134.228(a) substantially as proposed (subject only include findings on your eligibility, on 136.170(j)(2) .. 134.32(b)(3) .. 134.227(b) to minor typographical corrections). whether SBA’s position was Compliance With Executive Orders substantially justified, and on the Philip Lader, 12612, 12778, and 12866, the reasonableness of the amount you Administrator. Regulatory Flexibility Act (5 U.S.C. 601, requested. Where applicable, there will [FR Doc. 96–1158 Filed 1–26–96; 8:45 am] et seq.), and the Paperwork Reduction also be findings on whether you have BILLING CODE 8025±01±P Act (44 U.S.C. Ch. 35) unduly protracted the proceedings or whether other circumstances make an SBA certifies that this rule does not award unjust, and an explanation of the 13 CFR Part 142 have a significant economic impact on reason for the difference, if any, a substantial number of small entities between the amount requested and the Program Fraud Civil Remedies Act within the meaning of Executive Order amount awarded. If you have sought an Regulations 12866 or the Regulatory Flexibility Act, award against more than one federal 5 U.S.C. 601, et seq. This rule AGENCY: Small Business Administration. agency, the decision will allocate renumbers, reorganizes and rewrites the responsibility for payment among the ACTION: Final rule. existing regulation for clarity and ease agencies with appropriate explanation. of use. Contracting opportunities and SUMMARY: In response to President financial assistance for small business § 134.417 May I seek review of the ALJ's Clinton’s government-wide regulatory are not affected by this rule. Therefore, decision on my award? reform initiative, the Small Business it is not likely to have an annual You may request review of the ALJ’s Administration (SBA) has completed a economic effect of $100 million or more, decision on your award by filing a page-by-page, line-by-line review of all result in a major increase in costs or request for review in accordance with of its existing regulations to determine prices, or have a significant adverse § 134.228. You may seek judicial review which might be revised or eliminated. effect on competition or the United of a final decision as provided in 5 This rule renumbers, reorganizes, States economy. U.S.C. 504(c)(2). condenses and rewrites in plain For purposes of the Paperwork language the existing regulation Reduction Act, 44 U.S.C. Ch. 35, SBA § 134.418 How are awards paid? implementing the ‘‘Program Fraud Civil certifies that this rule contains no new If you are seeking payment of an Remedies Act of 1986’’. The goal of the reporting or recordkeeping award, you must submit a copy of the plain language style is to eliminate requirements. For purposes of Executive final decision, along with your redundancies, ambiguities and Order 12612, SBA certifies that this rule certification that you are not seeking cumbersome wording. The goal of the does not have any federalism judicial review of either the decision in reorganization and revision is to make implications warranting the preparation the adversary adjudication, or of the this part consistent in practice and of a Federalism Assessment. For award, to the following address: Chief procedure with other parts of this title purposes of Executive Order 12778, Financial Officer, Office of Financial and to clarify requirements under this SBA certifies that this rule is drafted, to Operations, SBA, P.O. Box 205, Denver, regulation and applicable statutes of the the extent practicable, in accordance CO 80201–0205. SBA will pay you the United States. with the standards set forth in Section amount awarded within 60 days of EFFECTIVE DATE: This rule is effective 2 of that Order. receipt of your request unless it is February 28, 1996. notified that you or another party has List of Subjects in 13 CFR Part 142 FOR FURTHER INFORMATION CONTACT: sought judicial review of the underlying Cheri Wolff, Chief Counsel for General Administrative practice and decision or the award. Litigation; Office of General Counsel, at procedure, Claims, Fraud, Penalties. PART 132Ð[REMOVED] (202) 205–6643. For the above reasons, SBA revises SUPPLEMENTARY INFORMATION: On March Part 142 of Title 13 of the Code of 2. Part 132 is hereby removed. 4, 1995, President Clinton issued a Federal Regulations to read as follows: Memorandum to each federal agency, PARTS 112, 113, 124, and 136Ð PART 142ÐPROGRAM FRAUD CIVIL directing them to simplify their [AMENDED] REMEDIES ACT REGULATIONS regulations. In response to this 3. In accordance with the list below, directive, SBA completed a page-by- Overview and Definitions for each section indicated in the left page, line-by-line review of all of its 142.1 Overview of regulations. 2692 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

142.2 What kind of conduct will result in Overview and Definitions property, services or money from SBA program fraud enforcement? or to the contract with SBA; or 142.3 What is a claim? § 142.1 Overview of regulations. (3) Made to SBA which decreases an 142.4 What is a statement? (a) Statutory basis. This part obligation to pay or account for 142.5 What is a false claim or statement? implements the Program Fraud Civil property, services, or money. 142.6 What does the phrase ‘‘know or have Remedies Act of 1986, 31 U.S.C. 3801– (b) A claim can relate to grants, loans, reason to know’’ mean? 3812 (‘‘the Act’’). The Act provides SBA insurance, or other benefits, and Procedures Leading to Issuance of a and other federal agencies with an includes SBA guaranteed loans made by Complaint administrative remedy to impose civil participating lenders. A claim is made 142.7 Who investigates program fraud? penalties and assessments against when it is received by SBA, an agent, 142.8 What happens if program fraud is persons making false claims and fiscal intermediary, or other entity suspected? statements. The Act also provides due acting for SBA, or when it is received 142.9 When will SBA issue a complaint? process protections to all persons who by the recipient of property, services, or 142.10 What is contained in a complaint? are subject to administrative money, or the party to the contract. 142.11 How will the complaint be served? proceedings under this part. (c) Each voucher, invoice, claim form, Procedures Following Service of a Complaint (b) Possible remedies for program or individual request or demand for 142.12 How does a defendant respond to fraud. In addition to any other penalty the complaint? property, services, or money constitutes 142.13 What happens if a defendant fails to which may be prescribed by law, a a separate claim. person who submits, or causes to be file an answer? § 142.4 What is a statement? 142.14 What happens once an answer is submitted, a false claim or a false filed? statement to SBA is subject to a civil A ‘‘statement’’ means any written penalty of not more than $5,000 for each representation, certification, affirmation, Hearing Provisions statement or claim, regardless of document, record, or accounting or 142.15 What kind of hearing is whether property, services, or money is bookkeeping entry made with respect to contemplated? actually delivered or paid by SBA. If a claim or with respect to a contract, bid 142.16 At the hearing, what rights do the SBA has made any payment, transferred or proposal for a contract, grant, loan or parties have? other benefit from SBA. ‘‘From SBA’’ 142.17 What is the role of the ALJ? property, or provided services in means that SBA provides some portion 142.18 Can the reviewing official or ALJ be reliance on a false claim, the person disqualified? submitting it is also subject to an of the money or property in connection 142.19 How are issues brought to the assessment of not more than twice the with the contract, bid, grant, loan, or attention of the ALJ? amount of the false claim. This benefit, or is potentially liable to 142.20 How are papers served? assessment is in lieu of damages another party for some portion of the 142.21 How will the hearing be conducted sustained by SBA because of the false money or property under such contract, and who has the burden of proof? claim. bid, grant, loan, or benefit. A statement 142.22 How is evidence presented at the is made, presented, or submitted to SBA hearing? § 142.2 What kind of conduct will result in when it is received by SBA or an agent, 142.23 Are there limits on disclosure of program fraud enforcement? fiscal intermediary, or other entity documents or discovery? (a) Any person who makes, or causes acting for SBA. 142.24 Can witnesses be subpoenaed? to be made, a false, fictitious, or 142.25 Can a party or witness object to fraudulent claim or written statement to § 142.5 What is a false claim or statement? discovery? (a) A claim submitted to SBA is a 142.26 Can a party informally discuss the SBA is subject to program fraud case with the ALJ? enforcement. A ‘‘person’’ means any ‘‘false’’ claim if the person making the 142.27 Are there sanctions for misconduct? individual, partnership, corporation, claim, or causing the claim to be made, 142.28 Where is the hearing held? association, or other legal entity. knows or has reason to know that the 142.29 Are witness lists exchanged before (b) If more than one person makes a claim: the hearing? false claim or statement, each person is (1) Is false, fictitious or fraudulent; (2) Includes or is supported by a Decisions and Appeals liable for a civil penalty. If more than one person makes a false claim which written statement which asserts or 142.30 How is the case decided? has induced SBA to make payment, an contains a material fact which is false, 142.31 Can a party request reconsideration assessment is imposed against each fictitious, or fraudulent; of the initial decision? (3) Includes or is supported by a 142.32 When does the initial decision of the person. The liability of each such ALJ become final? person to pay the assessment is joint written statement which is false, 142.33 What are the procedures for and several, that is, each is responsible fictitious or fraudulent because it omits appealing the ALJ decision? for the entire amount. a material fact that the person making 142.34 Are there any limitations on the (c) No proof of specific intent to the statement has a duty to include in right to appeal to the Administrator? defraud is required to establish liability the statement; or 142.35 How does the Administrator dispose under this part. (4) Is for payment for the provision of of an appeal? property or services which the person 142.36 Can I obtain judicial review? § 142.3 What is a claim? has not provided as claimed. 142.37 What judicial review is available? (a) Claim means any request, demand, (b) A statement submitted to SBA is 142.38 Can the administrative complaint be or submission: a false statement if the person making settled voluntarily? (1) Made to SBA for property, 142.39 How are civil penalties and the statement, or causing the statement assessments collected? services, or money; to be made, knows or has reason to 142.40 What if the investigation indicates (2) Made to a recipient of property, know that the statement: criminal misconduct? services, or money from SBA or to a (1) Asserts a material fact which is 142.41 How does SBA protect the rights of party to a contract with SBA for false, fictitious, or fraudulent; or defendants? property or services, or for the payment (2) Is false, fictitious, or fraudulent Authority: 15 U.S.C. 634(b); 31 U.S.C. of money. This provision applies only because it omits a material fact that the 3803(g)(2). when the claim is related to the person making the statement has a duty Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2693 to include in the statement. In addition, (5) Any exculpatory or mitigating (4) Instructions for filing such an the statement must contain or be circumstances that may relate to the answer; accompanied by an express certification claims or statements known by the (5) A warning that failure to file an or affirmation of the truthfulness and reviewing official or the investigating answer within 30 days of service of the accuracy of the contents of the official; and complaint will result in imposition of statement. (6) The likelihood of collecting the the maximum amount of penalties and proposed penalties and assessments. assessments. § 142.6 What does the phrase ``know or (b) If at any time, the Attorney have reason to know'' mean? (d) The reviewing official must serve General or designee requests in writing any complaint on the defendant and A person knows or has reason to that this administrative process be provide a copy to the Office of Hearings know (that a claim or statement is false) stayed, the Administrator must stay the and Appeals (OHA). If a hearing is if the person: process immediately. The Administrator requested, an Administrative Law Judge (a) Has actual knowledge that the may order the process resumed only (ALJ) from OHA will serve as the claim or statement is false, fictitious, or upon receipt of the written Presiding Officer. fraudulent; or authorization of the Attorney General. (b) Acts in deliberate ignorance of the § 142.11 How will the complaint be truth or falsity of the claim or statement; § 142.9 When will SBA issue a complaint? served? or SBA will issue a complaint: (a) The complaint must be served on (c) Acts in reckless disregard of the (a) If the Attorney General (or individual defendants directly, a truth or falsity of the claim or statement. designee) approves the referral of the partnership through a general partner, allegations for adjudication; and and on corporations or on Procedures Leading to Issuance of a (b) In a case of submission of false unincorporated associations through an Complaint claims, if the amount of money or the executive officer or a director, except § 142.7 Who investigates program fraud? value of property or services demanded that service also may be made on any or requested in a false claim, or a group person authorized by appointment or by The Inspector General, or his of related claims submitted at the same law to receive process for the defendant. designee, is responsible for investigating time, does not exceed $150,000. A group (b) The complaint may be served allegations that a false claim or of related claims submitted at the same either by: statement has been made. In this regard, time includes only those claims arising the Inspector General has authority (1) Registered or certified mail (return from the same transaction (such as a receipt requested) addressed to the under the Program Fraud Civil grant, loan, application, or contract) Remedies Act and the Inspector General defendant at his or her residence, usual which are submitted together as part of dwelling place, principal office or place Act of 1978 (5 U.S.C. App. 3), as a single request, demand, or submission. amended, to issue administrative of business; or by subpoenas for the production of records § 142.10 What is contained in a complaint? (2) Personal delivery by anyone 18 years of age or older. and documents. The methods for (a) A complaint is a written statement (c) The date of service is the date of serving a subpoena are set forth in Part giving notice to the person alleged to be personal delivery or, in the case of 101 of this chapter. liable under 31 U.S.C. 3802 of the service by registered or certified mail, specific allegations being referred for § 142.8 What happens if program fraud is the date of postmark. adjudication and of the person’s right to suspected? (d) Proof of service— request a hearing with respect to those (1) When service is made by (a) If the investigating official allegations. The person alleged to have registered or certified mail, the return concludes that an action under this Part made false statements or to have postal receipt will serve as proof of is warranted, the investigating official submitted false claims to SBA is service. submits a report containing the findings referred to as the ‘‘defendant.’’ and conclusions of the investigation to (b) The reviewing official may join in (2) When service is made by personal a reviewing official. The reviewing a single complaint false claims or delivery, an affidavit of the individual official is the General Counsel or his statements that are unrelated or were serving the complaint, or written designee. If the reviewing official not submitted simultaneously, acknowledgment of receipt by the determines that the report provides regardless of the amount of money or defendant or a representative, will serve adequate evidence that a person the value of property or services as proof of service. submitted a false claim or statement, the demanded or requested. (e) When served with the complaint, reviewing official transmits to the (c) The complaint will state that SBA the defendant also should be served Attorney General written notice of an seeks to impose civil penalties, with a copy of this part 142 and 31 intention to refer the matter for assessments, or both, against each U.S.C. 3801–3812. adjudication, with a request for defendant and will include: Procedures Following Service of a approval of such referral. This notice (1) The allegations of liability against Complaint will include the reviewing official’s each defendant, including the statutory statements concerning: basis for liability, identification of the § 142.12 How does a defendant respond to (1) The reasons for the referral; claims or statements involved, and the the complaint? (2) The claims or statements upon reasons liability allegedly arises from (a) A defendant may file an answer which liability would be based; such claims or statements; with the reviewing official and the (3) The evidence that supports (2) The maximum amount of penalties Office of Hearings and Appeals within liability; and assessments for which each 30 days of service of the complaint. An (4) An estimate of the amount of defendant may be held liable; answer will be considered a request for money or the value of property, (3) A statement that each defendant an oral hearing. services, or other benefits requested or may request a hearing by filing an (b) In the answer, a defendant— demanded in the false claim or answer and may be represented by a (1) Must admit or deny each of the statement; representative; allegations of liability contained in the 2694 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations complaint (a failure to deny an stayed until the ALJ makes a decision (2) Request a pre-hearing conference allegation is considered an admission); on the motion. The reviewing official and participate in any conference held (2) Must state any defense on which may respond to the motion. by the ALJ; the defendant intends to rely; (g) If, in his motion to reopen, a (3) Conduct discovery; (3) May state any reasons why he or defendant demonstrates extraordinary (4) Agree to stipulations of fact or law she believes the penalties, assessments, circumstances excusing his failure to which will be made a part of the record; or both should be less than the statutory file a timely answer, the ALJ will (5) Present evidence relevant to the maximum; and withdraw the initial decision, and grant issues at the hearing; (4) Must state the name, address, and the defendant an opportunity to answer (6) Present and cross-examine telephone number of the person the complaint. witnesses; authorized by the defendant to act as (h) A decision by the ALJ to deny a (7) Present arguments at the hearing defendant’s representative, if any. defendant’s motion to reopen a case is as permitted by the ALJ; and (c) If the defendant is unable to file an not subject to review or reconsideration. (8) Submit written briefs and answer which meets the requirements proposed findings of fact and set forth in paragraph (b) of this section, § 142.14 What happens once an answer is conclusions of law after the hearing, as the defendant may file with the filed? permitted by the ALJ. reviewing official a general answer (a) When the reviewing official § 142.17 What is the role of the ALJ? denying liability, requesting a hearing, receives an answer, he must file and requesting an extension of time in concurrently, the complaint and the An ALJ from OHA serves as the which to file a complete answer. A answer with the ALJ, along with a Presiding Officer at all hearings, with general answer must be filed within 30 designation of an SBA representative. authority as set forth in § 134.218(b) of this chapter. days of service of the complaint. (b) When the ALJ receives the (d) If the defendant initially files a complaint and the answer, the ALJ will § 142.18 Can the reviewing official or ALJ general answer requesting an extension promptly serve a notice of oral hearing be disqualified? of time, the reviewing official must upon the defendant and the (a) A reviewing official or an ALJ may promptly file with the ALJ the representative for SBA, in the same disqualify himself or herself at any time. complaint, the general answer, and the manner as the complaint, service of (b) Upon motion of any party, the request for an extension of time. which is described in § 142.11. The reviewing official or ALJ may be (e) For good cause shown, the ALJ notice of oral hearing must be served disqualified as follows: may grant the defendant up to 30 within six years of the date on which (1) The motion must be supported by additional days within which to file an the claim or statement is made. an affidavit containing specific facts answer meeting the requirements of (c) The notice must include: establishing that personal bias or other paragraph (b) of this section. Such (1) The tentative time, place and reason for disqualification exists, answer must be filed with OHA and a nature of the hearing; including the time and circumstances of copy must be served on the reviewing (2) The legal authority and the discovery of such facts; official. jurisdiction under which the hearing is (2) The motion must be filed promptly § 142.13 What happens if a defendant fails to be held; after discovery of the grounds for to file an answer? (3) The matters of fact and law to be disqualification, or the objection will be deemed waived; and (a) If a defendant does not file any asserted; (3) The party, or representative of answer within 30 days after service of (4) A description of the procedures for record, must certify in writing that the the complaint, the reviewing official the conduct of the hearing; (5) The name, address, and telephone motion is made in good faith. will refer the complaint to the ALJ. (c) Once a motion has been filed to (b) Once the complaint is referred, the number of the defendant’s representative and the representative for disqualify the reviewing official, the ALJ ALJ will promptly serve on the will halt the proceedings until resolving defendant a notice that an initial SBA; and (6) Such other matters as the ALJ the matter of disqualification. If the ALJ decision will be issued. determines that the reviewing official is (c) The ALJ will assume the facts deems appropriate. disqualified, the ALJ will dismiss the alleged in the complaint to be true and, Hearing Provisions complaint without prejudice. If the ALJ if such facts establish liability under the disqualifies himself or herself, the case statute, the ALJ will issue an initial § 142.15 What kind of hearing is will be promptly reassigned to another decision imposing the maximum contemplated? ALJ. amount of penalties and assessments The hearing is a formal proceeding allowed under the statute. conducted by the ALJ during which a § 142.19 How are issues brought to the (d) Except as otherwise provided in defendant will have the opportunity to attention of the ALJ? this section, when a defendant fails to cross-examine witnesses, present All applications to the ALJ for an file a timely answer, the defendant testimony, and dispute liability. order or ruling are made by motion, waives any right to further review of the stating the relief sought, the authority penalties and assessments imposed in § 142.16 At the hearing, what rights do the parties have? relied upon, and the facts alleged. the initial decision. Procedures for filing motions under this (e) The initial decision becomes final (a) The parties to the hearing shall be section are governed by § 134.211 of this 30 days after it is issued. the defendant and SBA. Pursuant to 31 chapter. (f) If, at any time before an initial U.S.C. 3730(c)(5), a private plaintiff in decision becomes final, a defendant files an action under the False Claims Act § 142.20 How are papers served? a motion with the ALJ asking that the may participate in the hearing to the Except for service of a complaint or a case be reopened and describing the extent authorized by the provisions of notice of hearing under § 142.11 and extraordinary circumstances that that Act. § 142.14(b) respectively, service of prevented the defendant from filing an (b) Each party has the right to: papers must be made as prescribed by answer, the initial decision will be (1) Be represented by a representative; § 134.204 of this chapter. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2695

§ 142.21 How will the hearing be (c) The notice sent to the Attorney statements or transcripts of deposition conducted and who has the burden of General from the reviewing official is testimony that the party intends to offer proof? not discoverable under any in lieu of live testimony. (a) The ALJ conducts a hearing in circumstances. (b) If a party objects, the ALJ will not order to determine whether a defendant (d) Other discovery is available only admit into evidence the testimony of is liable for a civil penalty, assessment, as ordered by the ALJ and includes only any witness whose name does not or both and, if so, the appropriate those methods of discovery allowed by appear on the witness list or any exhibit amount of the civil penalty and/or § 134.213 of this chapter. not provided to an opposing party assessment. The hearing will be unless the ALJ finds good cause for the recorded and transcribed, and the § 142.24 Can witnesses be subpoenaed? omission or concludes that there is no transcript of testimony, exhibits A party seeking the appearance and prejudice to the objecting party. admitted at the hearing, and all papers testimony of any individual or the (c) Unless a party objects within the and requests filed in the proceeding production of documents or records at time set by the ALJ, documents constitute the record for a decision by a hearing may request in writing that the exchanged in accordance with this the ALJ. ALJ issue a subpoena. Any such request section are deemed to be authentic for (b) SBA must prove a defendant’s must be filed with the ALJ not less than the purpose of admissibility at the liability and any aggravating factors by 15 days before the scheduled hearing hearing. a preponderance of the evidence. date unless otherwise allowed by the (c) A defendant must prove any ALJ for good cause. A subpoena shall be Decisions and Appeals affirmative defenses and any mitigating issued by the ALJ in the manner § 142.30 How is the case decided? factors by a preponderance of the specified by § 134.214 of this chapter. evidence. (a) The ALJ will issue an initial (d) The hearing will be open to the § 142.25 Can a party or witness object to decision based only on the record. It public unless otherwise ordered by the discovery? will contain findings of fact, ALJ for good cause shown. Any party or prospective witness may conclusions of law, and the amount of file a motion to quash a subpoena or to any penalties and assessments imposed. § 142.22 How is evidence presented at the (b) The ALJ will serve the initial hearing? limit discovery or the disclosure of evidence. Motions to limit discovery or decision on all parties within 90 days (a) Witnesses at the hearing must to object to the disclosure of evidence after close of the hearing or expiration testify orally under oath or affirmation are governed by § 134.213 of this of any allowed time for submission of unless otherwise ordered by the ALJ. At chapter. Motions to limit or quash post-hearing briefs. If the ALJ fails to the discretion of the ALJ, testimony may subpoenas are governed by § 134.214(d) meet this deadline, he or she shall be admitted in the form of a written of this chapter. promptly notify the parties of the reason statement or deposition, a copy of for the delay and set a new deadline. which must be provided to all other § 142.26 Can a party informally discuss (c) The findings of fact must include parties, along with the last known the case with the ALJ? a finding on each of the following address of the witness, in a manner No. Such discussions are forbidden as issues: which allows sufficient time for other ex parte communications with the ALJ (1) Whether any one or more of the parties to subpoena the witness for as set forth in § 134.220 of this chapter. cross-examination at the hearing. claims or statements identified in the This does not prohibit a party from complaint violate this part; and (b) The ALJ determines the communicating with other employees of admissibility of evidence in accordance (2) If the defendant is liable for OHA to inquire about the status of a penalties or assessments, the with § 134.223 (a) and (b) of this case or to ask routine questions chapter. appropriate amount of any such concerning administrative functions and penalties or assessments, considering § 142.23 Are there limits on disclosure of procedures. any mitigating or aggravating factors. documents or discovery? § 142.27 Are there sanctions for (d) The initial decision will include a (a) Upon written request to the misconduct? description of the right of a defendant reviewing official, the defendant may The ALJ may sanction a party or found liable for a civil penalty or review all non-privileged, relevant and representative, as set forth in § 134.219 assessment to file a motion for material documents, records and other of this chapter. reconsideration with the ALJ or a notice material related to the allegations of appeal with the Administrator. contained in the complaint. After § 142.28 Where is the hearing held? paying SBA a reasonable fee for § 142.31 Can a party request The ALJ will hold the hearing in any reconsideration of the initial decision? duplication, the defendant may obtain a judicial district of the United States: copy of the records described. (a) In which the defendant resides or (a) Any party may file a motion for (b) Upon written request to the transacts business; or reconsideration of the initial decision reviewing official, the defendant may (b) In which the claim or statement on with the ALJ within 20 days of receipt obtain a copy of all exculpatory which liability is based was made, of the initial decision. If the initial information in the possession of the presented or submitted to SBA; or decision was served by mail, there is a reviewing official or investigating (c) As agreed upon by the defendant rebuttable presumption that the initial official relating to the allegations in the and the ALJ. decision was received by the party 5 complaint. If the document would days from the date of mailing. otherwise be privileged, only the § 142.29 Are witness lists exchanged (b) A motion for reconsideration must portion of the document containing before the hearing? be accompanied by a supporting brief exculpatory information must be (a) At least 15 days before the hearing and must describe specifically each disclosed. As used in this section, the or at such other time as ordered by the allegedly erroneous decision. term ‘‘information’’ does not include ALJ, the parties must exchange witness (c) Any response to a motion for legal materials such as statutes or case lists and copies of proposed hearing reconsideration must be filed within 20 law obtained through legal research. exhibits, including copies of any written days of receipt of such motion. 2696 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

(d) The ALJ will dispose of a motion § 142.34 Are there any limitations on the (c) The Administrator has exclusive for reconsideration by denying it or by right to appeal to the Administrator? authority to compromise or settle the issuing a revised initial decision. (a) A defendant has no right to appear case from the date of the ALJ’s initial (e) If the ALJ issues a revised initial personally, or through a representative, decision until initiation of any judicial decision upon motion of a party, that before the Administrator. review or any action to collect the party may not file another motion for (b) There is no right to appeal any penalties and assessments. reconsideration. interlocutory ruling. (d) The Attorney General has (c) The Administrator will not exclusive authority to compromise or § 142.32 When does the initial decision of consider any objection or evidence that the ALJ become final? settle the case while any judicial review was not raised before the ALJ unless the or any action to recover penalties and (a) The initial decision of the ALJ defendant demonstrates that the failure assessments is pending. becomes the final decision of SBA, and to object was caused by extraordinary (e) The investigating official may shall be binding on all parties 30 days circumstances. If the appealing recommend settlement terms to the after it is issued, unless any party timely defendant demonstrates to the reviewing official, the Administrator, or files a motion for reconsideration or any satisfaction of the Administrator that the Attorney General, as appropriate. defendant adjudged to have submitted a extraordinary circumstances prevented The reviewing official may recommend false claim or statement timely appeals the presentation of evidence at the settlement terms to the Administrator or to the SBA Administrator, as set forth in hearing, and that the additional the Attorney General, as appropriate. § 142.33. evidence is material, the Administrator (b) If the ALJ disposes of a motion for may remand the matter to the ALJ for § 142.39 How are civil penalties and reconsideration by denying it or by consideration of the additional assessments collected? issuing a revised initial decision, the evidence. 31 U.S.C. 3806 and 3808(b) authorize ALJ’s order on the motion for the Attorney General to bring specific reconsideration becomes the final § 142.35 How does the Administrator actions for collection of such civil decision of SBA 30 days after the order dispose of an appeal? penalties and assessments including is issued, unless a defendant adjudged (a) The Administrator may affirm, administrative offset under 31 U.S.C. to have submitted a false claim or reduce, reverse, compromise, remand, 3716. The penalties and assessments statement timely appeals to the or settle any penalty or assessment may not, however, be administratively Administrator, within 30 days of the imposed by the ALJ in the initial offset against an overpayment of federal ALJ’s order, as set forth in § 142.33. decision or reconsideration decision. taxes (then or later owed) to the (b) The Administrator will promptly § 142.33 What are the procedures for defendant by the United States. appealing the ALJ decision? serve each party to the appeal and the ALJ with a copy of his or her decision. § 142.40 What if the investigation indicates (a) Any defendant who submits a This decision must contain a statement criminal misconduct? timely answer and is found liable for a describing the right of any person, (a) Any investigating official may: civil penalty or assessment in an initial against whom a penalty or assessment (1) Refer allegations of criminal decision may appeal the decision. misconduct directly to the Department (b) The defendant may file a notice of has been made, to seek judicial review. of Justice for prosecution or for suit appeal with the Administrator within 30 § 142.36 Can I obtain judicial review? days following issuance of the initial under the False Claims Act or other civil If the initial decision is appealed, the proceeding; decision, serving a copy of the notice of decision of the Administrator is the appeal on all parties and the ALJ. The (2) Defer or postpone a report or final decision of SBA and is not subject referral to the reviewing official to avoid Administrator may extend this deadline to judicial review unless the defendant for up to thirty additional days if an interference with a criminal files a petition for judicial review within investigation or prosecution; or extension request is filed within the 60 days after the Administrator serves initial 30 day period and shows good (3) Issue subpoenas under other the defendant with a copy of the final statutory authority. cause. decision. (c) The defendant’s appeal will not be (b) Nothing in this part limits the considered until all timely motions for § 142.37 What judicial review is available? requirement that SBA employees report reconsideration have been resolved. 31 U.S.C. 3805 authorizes judicial suspected violations of criminal law to (d) If a timely motion for review by the appropriate United States the SBA Office of Inspector General or reconsideration is denied, a notice of District Court of any final SBA decision to the Attorney General. appeal may be filed within 30 days imposing penalties or assessments, and following such denial or issuance of a § 142.41 How does SBA protect the rights specifies the procedures for such of defendants? revised initial decision, whichever review. To obtain judicial review, a These procedures separate the applies. defendant must file a petition in a functions of the investigating official, (e) A notice of appeal must be timely fashion. supported by a written brief specifying reviewing official, and the ALJ, each of why the initial decision should be § 142.38 Can the administrative complaint whom report to a separate reversed or modified. be settled voluntarily? (a) organizational authority in accordance (f) SBA’s representative may file a (a) Parties may make offers of with 31 U.S.C. 3801. Except for brief in opposition to the notice of compromise or settlement at any time. purposes of settlement, or as a witness appeal within 30 days of receiving the Any compromise or settlement must be or a representative in public defendant’s notice of appeal and in writing. proceedings, no investigating official, supporting brief. (b) The reviewing official has the reviewing official, or SBA employee or (g) If a defendant timely files a notice exclusive authority to compromise or agent who helps investigate, prepare, or of appeal, and the time for filing settle the case from the date on which present a case may (in such case, or a motions for reconsideration has expired, the reviewing official is permitted to factually related case) participate in the the ALJ will forward the record of the issue a complaint until the ALJ issues initial decision or the review of the proceeding to the Administrator. an initial decision. initial decision by the Administrator. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2697

This separation of functions and The incorporation by reference of Further investigation revealed that the organization is designed to assure the certain publications listed in the pin rupture was caused by independence and impartiality of each regulations is approved by the Director desynchronization of the hydraulic government official during every stage of the Federal Register as of February 5, control valves that direct fluid to the of the proceeding. The representative for 1996. horizontal stabilizer actuator (HSA) SBA may be employed in the offices of Comments for inclusion in the Rules motors. Desynchronization of the either the investigating official or the Docket must be received on or before hydraulic control valves can result in reviewing official. March 29, 1996. one hydraulic motor being pressurized Dated: January 22, 1996. ADDRESSES: Submit comments in before the other. In this case, the nonpressurized motor opposes the John T. Spotila, triplicate to the Federal Aviation torque of the motor that is pressurized Acting Administrator. Administration (FAA), Transport Airplane Directorate, ANM–103, first, which causes load to be applied to [FR Doc. 96–1349 Filed 1–26 –96; 8:45 am] Attention: Rules Docket No.96–NM–03– the positioning pin of the BILLING CODE 8025±01±P AD, 1601 Lind Avenue SW., Renton, nonpressurized motor. Consequently, Washington 98055–4056. the pin can rupture due to fatigue. Such The applicable service information rupturing of the positioning pin of one DEPARTMENT OF TRANSPORTATION may be obtained from Airbus Industrie, motor can result in jamming of the THS 1 Rond Point Maurice Bellonte, 31707 actuator and can contribute to Federal Aviation Administration Blagnac Cedex, France. This subsequent failure of the hydraulic information may be examined at the system of the other motor. 14 CFR Part 39 FAA, Transport Airplane Directorate, These conditions, if not corrected, 1601 Lind Avenue SW., Renton, could result in runaway of the [Docket No. 96±NM±03±AD; Amendment Washington; or at the Office of the horizontal stabilizer to its full up or 39±9491; AD 96±01±52] Federal Register, 800 North Capitol down position, and subsequent reduced Street NW., suite 700, Washington, DC. maneuvering capability and a potential Airworthiness Directives; Airbus Model pitch upset. FOR FURTHER INFORMATION CONTACT: A310 and A300±600 Series Airplanes Tom The horizontal stabilizer actuator Groves, Aerospace Engineer, installed on Model A310 series AGENCY: Federal Aviation Standardization Branch, ANM–113, airplanes is similar in design to the one Administration, DOT. FAA, Transport Airplane Directorate, installed on Model A300–600 series ACTION: Final rule; request for 1601 Lind Avenue SW., Renton, airplanes. Therefore, the FAA finds that comments. Washington 98055–4056; telephone Model A300–600 series airplanes are (206) 227–1503; fax (206) 227–1149. subject to the same unsafe condition SUMMARY: This document publishes in SUPPLEMENTARY INFORMATION: The identified in the Model A310. the Federal Register an amendment Direction Ge´ne´rale de l’Aviation Civile Airbus has issued All Operators Telex adopting Airworthiness Directive (AD) (DGAC), which is the airworthiness (AOT) 27–21, Revision 1, dated January T96–01–52 that was sent previously to authority for France, recently notified 5, 1996, which describes procedures for all known U.S. owners and operators of the FAA that an unsafe condition may repetitive inspections to ensure correct Airbus Model A310 and A300–600 exist on certain Airbus Model A310 and synchronization of the hydraulic control series airplanes by individual telegrams. A300–600 series airplanes. The DGAC valves of the THS actuators; Among other things, this AD requires advises that it recently received a report replacement of the hydraulic motors repetitive inspections to ensure correct indicating that uncommanded with new or serviceable motors and synchronization of the hydraulic control movement of the trimmable horizontal resynchronization of the valves, or valves of the trimmable horizontal stabilizer (THS) occurred on a Model adjustment of the synchronization, if stabilizer (THS) actuator; replacement of A310 series airplane after the engine necessary; and a functional test of the the horizontal stabilizer actuator motors was started while the airplane was on THS. with new or serviceable motors and the ground. Both pitch trim levers and For airplanes on which the hydraulic resynchronization of the valves, or the autopilot (AP) 1 tripped; motor or hydraulic valve block of the adjustment of the synchronization, if additionally, the servo control push HSA has been subject to previous necessary; and a functional test of the button (P/B) of one of the hydraulic maintenance action, the AOT also THS. This amendment is prompted by systems illuminated. The servo control describes procedures for replacement of a report of desynchronization of the P/B was reset successfully following both hydraulic motors of the HSA with hydraulic control valves that direct fluid engagement of the pitch trim and AP1. new or serviceable motors. to the horizontal stabilizer actuator The crew attempted to command the In lieu of replacing the motors, the motors, which resulted in pitch trim by using one of the rocking AOT also describes procedures for uncommanded movement of the THS. switches; however, the pitch trim and removal of the hydraulic motors of the The actions specified by this AD are AP1 tripped again. Then, without HSA, accomplishment of various intended to prevent such further action on the part of the crew, follow-on actions, and repair of any desynchronization, which could lead to the pitch trim control wheel moved to discrepancy found. (The follow-on runaway of the horizontal stabilizer to a position of 14 degrees up (end of actions include checking the motors and its full up or down position, subsequent travel). the cam seats, assembling the motors, reduced maneuvering capability, and During subsequent bench testing of and metal stamping the modification potential pitch upset. the motor on one of the hydraulic plate of the motors.) DATES: Effective February 5, 1996, to all systems of the airplane, the positioning Additionally, the AOT describes persons except those persons to whom pin on the cam plate was found to be procedures for eventual removal of it was made immediately effective by broken. This pin is not designed to carry certain motors for inspection to detect telegraphic AD T96–01–52, issued loads. The shape of the pin hole any wear or damage caused by January 9, 1996, which contained the indicated that the pin was bent and desynchronization; and, if necessary, requirements of this amendment. ruptured. either replacement of the motors with 2698 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations new or serviceable motors, or removal of this AD does not require such action. submitted in response to this rule must the motors, accomplishment of various The FAA may consider additional submit a self-addressed, stamped follow-on actions, and repair of any rulemaking to require the removal and postcard on which the following discrepancy found. inspection of the motors, but has statement is made: ‘‘Comments to The DGAC classified this AOT as determined that the repetitive Docket Number 96–NM–03–AD.’’ The mandatory in order to assure the inspections to ensure correct postcard will be date stamped and continued airworthiness of these synchronization of the hydraulic control returned to the commenter. airplanes in France. valves will maintain an adequate level The regulations adopted herein will This airplane model is manufactured of safety in the fleet in the meantime. not have substantial direct effects on the in France and is type certificated for Since it was found that immediate States, on the relationship between the operation in the United States under the corrective action was required, notice national government and the States, or provisions of section 21.29 of the and opportunity for prior public on the distribution of power and Federal Aviation Regulations (14 CFR comment thereon were impracticable responsibilities among the various 21.29) and the applicable bilateral and contrary to the public interest, and levels of government. Therefore, in airworthiness agreement. Pursuant to good cause existed to make the AD accordance with Executive Order 12612, this bilateral airworthiness agreement, effective immediately by individual it is determined that this final rule does the DGAC has kept the FAA informed telegrams issued on January 9, 1996, to not have sufficient federalism of the situation described above. The all known U.S. owners and operators of implications to warrant the preparation FAA has examined the findings of the Airbus Model A310 and A300–600 of a Federalism Assessment. DGAC, reviewed all available series airplanes. These conditions still The FAA has determined that this information, and determined that AD exist, and the AD is hereby published in regulation is an emergency regulation action is necessary for products of this the Federal Register as an amendment that must be issued immediately to type design that are certificated for to § 39.13 of the Federal Aviation correct an unsafe condition in aircraft, operation in the United States. Regulations (14 CFR 39.13) to make it and that it is not a ‘‘significant Since the unsafe condition described effective as to all persons. regulatory action’’ under Executive is likely to exist or develop on other This is considered to be interim Order 12866. It has been determined airplanes of the same type design action until final action is identified, at further that this action involves an registered in the United States, the FAA which time the FAA may consider emergency regulation under DOT issued Telegraphic AD T96–01–52 to further rulemaking. Regulatory Policies and Procedures (44 prevent runaway of the horizontal Comments Invited FR 11034, February 26, 1979). If it is stabilizer to its full up or down position, determined that this emergency subsequent reduced maneuvering Although this action is in the form of a final rule that involves requirements regulation otherwise would be capability, and a potential pitch upset. significant under DOT Regulatory The AD requires repetitive inspections affecting flight safety and, thus, was not preceded by notice and an opportunity Policies and Procedures, a final to ensure correct synchronization of the regulatory evaluation will be prepared hydraulic control valves of the THS for public comment, comments are invited on this rule. Interested persons and placed in the Rules Docket. A copy actuator; replacement of the motors with of it, if filed, may be obtained from the new or serviceable motors, and are invited to comment on this rule by submitting such written data, views, or Rules Docket at the location provided resynchronization of the valves or under the caption ADDRESSES. adjustment of the synchronization, if arguments as they may desire. necessary; and a functional test of the Communications shall identify the List of Subjects in 14 CFR Part 39 THS. Rules Docket number and be submitted Air transportation, Aircraft, Aviation In addition, for airplanes on which in triplicate to the address specified safety, Incorporation by reference, ADDRESSES. the hydraulic motor or hydraulic valve under the caption All Safety. block of the HSA has been subject to communications received on or before previous maintenance action, this AD the closing date for comments will be Adoption of the Amendment requires replacement of both hydraulic considered, and this rule may be Accordingly, pursuant to the motors of the HSA with new or amended in light of the comments authority delegated to me by the serviceable motors. If an operator received. Factual information that Administrator, the Federal Aviation considers that such maintenance action supports the commenter’s ideas and Administration amends part 39 of the would not have affected the suggestions is extremely helpful in Federal Aviation Regulations (14 CFR synchronization of the valves, the evaluating the effectiveness of the AD part 39) as follows: operator may seek approval of an action and determining whether alternative method of compliance with additional rulemaking action would be PART 39ÐAIRWORTHINESS the AD, in accordance with paragraph needed. DIRECTIVES (c) of this AD. Comments are specifically invited on In lieu of replacing the hydraulic the overall regulatory, economic, 1. The authority citation for part 39 motors, this AD provides for removal of environmental, and energy aspects of continues to read as follows: the motors, accomplishment of various the rule that might suggest a need to Authority: 49 U.S.C. 106(g), 40113, 44701. follow-on actions, and repair of any modify the rule. All comments discrepancy found. submitted will be available, both before § 39.13 [Amended] The actions are required to be and after the closing date for comments, 2. Section 39.13 is amended by accomplished in accordance with the in the Rules Docket for examination by adding the following new airworthiness AOT described previously. interested persons. A report that directive: Operators should note that the Airbus summarizes each FAA-public contact 96–01–52 Airbus: Amendment 39–9491. AOT recommends that, within one year, concerned with the substance of this AD Docket 96–NM–03–AD. certain hydraulic motors be removed will be filed in the Rules Docket. Applicability: Model A310 and A300–600 and inspected for wear or damage Commenters wishing the FAA to series airplanes; equipped with a trimmable caused by desynchronization. However, acknowledge receipt of their comments horizontal stabilizer (THS) actuator having Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2699 part number (P/N) 47142–201 or P/N 47142– (The follow-on actions include checking the Register, 800 North Capitol Street NW., suite 203; certificated in any category. motors and the cam seats, assembling the 700, Washington, DC. Note 1: This AD applies to each airplane motors, and metal stamping the modification (f) This amendment becomes effective on identified in the preceding applicability plate of the motors.) If any discrepancy is February 5, 1996, to all persons except those provision, regardless of whether it has been found during the check, prior to further persons to whom it was made immediately otherwise modified, altered, or repaired in flight, repair in accordance with paragraph effective by telegraphic AD T96–01–52, the area subject to the requirements of this 4.2.2.4 of the AOT. issued January 9, 1996, which contained the AD. For airplanes that have been modified, (b) For airplanes on which any requirements of this amendment. altered, or repaired so that the performance maintenance action relating to a hydraulic Issued in Renton, Washington, on January of the requirements of this AD is affected, the motor or a hydraulic valve block of the HSA 12, 1996. owner/operator must use the authority has occurred since the airplane was new: Darrell M. Pederson, provided in paragraph (c) of this AD to Within 12 days after the effective date of this AD, accomplish either paragraph (b)(1) or Acting Manager, Transport Airplane request approval from the FAA. This Directorate, Aircraft Certification Service. approval may address either no action, if the (b)(2) of this AD. current configuration eliminates the unsafe (1) Replace both hydraulic motors of the [FR Doc. 96–591 Filed 1–26–96; 8:45 am] condition; or different actions necessary to HSA with new or serviceable motors in BILLING CODE 4910±13±U address the unsafe condition described in accordance with the procedures specified in this AD. Such a request should include an the Airplane Maintenance Manual. Adjust assessment of the effect of the changed the synchronization, and perform a 14 CFR Part 39 configuration on the unsafe condition functional test of the THS in accordance with [Docket No. 95±NM±270±AD; Amendment addressed by this AD. In no case does the paragraph 4.2.2.3 of Airbus AOT 27–21, 39±9495; AD 95±26±15] presence of any modification, alteration, or Revision 1, dated January 5, 1996. Thereafter, perform the repetitive inspections required repair remove any airplane from the Airworthiness Directives; Allied Signal applicability of this AD. by paragraph (a) of this AD at intervals not to exceed 500 hours time-in-service. Or Commercial Avionics Systems CAS±81 Compliance: Required as indicated, unless Traffic Alert and Collision Avoidance accomplished previously. (2) Remove the hydraulic motors of the To prevent runaway of the horizontal HSA and perform the various follow-on Systems (TCAS) as Installed in, but stabilizer to its full up or down position, actions specified in paragraph 4.2.2.4 of the Not Limited to, Various Transport subsequent reduced maneuvering capability, AOT, in accordance with that paragraph of Category Airplanes and a potential pitch upset, accomplish the the AOT. Adjust the synchronization, and following: perform a functional test of the THS in AGENCY: Federal Aviation (a) Within 12 days after the effective date accordance with paragraph 4.2.2.3 of the Administration, DOT. of this AD, perform an inspection to ensure AOT. (The follow-on actions include ACTION: Final rule; request for correct synchronization of the hydraulic checking the motors and the cam seats, comments. control valves of the trimmable horizontal assembling the motors, and metal stamping stabilizer (THS) actuator, in accordance with the modification plate of the motors.) If any SUMMARY: This document publishes in paragraph 4.2.2.1 of Airbus All Operators discrepancy is found during the check, prior the Federal Register an amendment Telex (AOT) 27–21, Revision 1, dated to further flight, repair in accordance with paragraph 4.2.2.4 of the AOT. Thereafter, adopting an airworthiness directive that January 5, 1996. was sent previously by individual (1) If the actuator is synchronized perform the repetitive inspections required by paragraph (a) of this AD at intervals not letters to all known U.S. owners and correctly, prior to further flight, perform a operators of various transport category functional test of the THS in accordance with to exceed 500 hours time-in-service. paragraph 4.2.2.1 of the AOT. Thereafter, (c) An alternative method of compliance or airplanes equipped with Allied Signal repeat the inspection required by paragraph adjustment of the compliance time that Commercial Avionics Systems CAS–81 (a) of this AD at intervals not to exceed 500 provides an acceptable level of safety may be TCAS. This amendment is prompted by hours time-in-service. used if approved by the Manager, reports of failure of the audio output of (2) If the actuator is desynchronized Standardization Branch, ANM–113, FAA, the CAS–81 TCAS. This AD requires a slightly, as specified in the AOT, prior to Transport Airplane Directorate. Operators shall submit their requests through an revision to the Airplane Flight Manual further flight, adjust the synchronization, and to provide the flightcrew with perform a functional test of the THS, in appropriate FAA Principal Maintenance Inspector, who may add comments and then procedures to cycle power to the TCAS accordance with paragraph 4.2.2.2 of the processor via the circuit breaker or AOT. Thereafter, repeat the inspection send it to the Manager, Standardization required by paragraph (a) of this AD at Branch, ANM–113. power bus, and to perform a TCAS intervals not to exceed 500 hours time-in- Note 2: Information concerning the functional test to verify proper service. existence of approved alternative methods of operation of the TCAS. The actions (3) If the actuator is desynchronized compliance with this AD, if any, may be specified by this AD are intended to significantly, as specified in the AOT, prior obtained from the Standardization Branch, ensure that the flightcrew is advised of to further flight, accomplish either paragraph ANM–113. the potential hazard associated with (a)(3)(i) or (a)(3)(ii) of this AD. Prior to further (d) Special flight permits may be issued in failure of the audio output of the CAS– flight following the accomplishment of either accordance with sections 21.197 and 21.199 81 TCAS, and of the procedures of those paragraphs, adjust the of the Federal Aviation Regulations (14 CFR necessary to address it. synchronization, and perform a functional 21.197 and 21.199) to operate the airplane to test of the THS, in accordance with a location where the requirements of this AD DATES: Effective February 5, 1996. paragraph 4.2.2.3 of the AOT. Thereafter, can be accomplished. Comments for inclusion in the Rules repeat the inspection required by paragraph (e) The actions shall be done in accordance Docket must be received on or before (a) of this AD at intervals not to exceed 500 with Airbus All Operators Telex (AOT) 27– March 29, 1996. hours time-in-service. 21, Revision 1, dated January 5, 1996. This ADDRESSES: Submit comments in (i) Remove and replace the hydraulic incorporation by reference was approved by triplicate to the Federal Aviation motors of the horizontal stabilizer actuator the Director of the Federal Register in Administration (FAA), Transport (HSA) with new or serviceable motors in accordance with 5 U.S.C. 552(a) and 1 CFR accordance with procedures specified in the part 51. Copies may be obtained from Airbus Airplane Directorate, ANM–103, Airplane Maintenance Manual. Or Industrie, 1 Rond Point Maurice Bellonte, Attention: Rules Docket No. 95–NM– (ii) Remove the hydraulic motors of the 31707 Blagnac Cedex, France. Copies may be 270–AD, 1601 Lind Avenue SW., HSA and perform the various follow-on inspected at the FAA, Transport Airplane Renton, Washington 98055–4056. actions specified in paragraph 4.2.2.4 of the Directorate, 1601 Lind Avenue SW., Renton, This information concerning this AOT, in accordance with that paragraph. Washington; or at the Office of the Federal amendment may be obtained from or 2700 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations examined at the FAA, Transport point of any one flight scheduled to concerned with the substance of this AD Airplane Directorate, 1601 Lind Avenue exceed 10 hours. Additionally, the AD will be filed in the Rules Docket. SW., Renton, Washington; or at the requires that, prior to taxi before takeoff, Commenters wishing the FAA to FAA, Small Airplane Directorate, a functional test must be accomplished acknowledge receipt of their comments Atlanta Aircraft Certification Office, to verify proper operation of the TCAS. submitted in response to this rule must Campus Building, Suite 2–160, 1701 Since it was found that immediate submit a self-addressed, stamped Columbia Avenue, College Park, corrective action was required, notice postcard on which the following Georgia. and opportunity for prior public statement is made: ‘‘Comments to FOR FURTHER INFORMATION CONTACT: comment thereon were impracticable Docket Number 95–NM–270–AD.’’ The David Gollings, Flight Test Pilot, and contrary to the public interest, and postcard will be date stamped and Systems and Flight Test Branch, ACE– good cause existed to make the AD returned to the commenter. 116A, FAA, Atlanta Aircraft effective immediately by individual Certification Office, Campus Building, letters issued on December 26, 1995, to The regulations adopted herein will Suite 2–160, 1701 Columbia Avenue, all known U.S. owners and operators of not have substantial direct effects on the College Park, Georgia 30337–2748; various transport category airplanes States, on the relationship between the telephone (404) 305–7370; fax (404) equipped with Allied Signal national government and the States, or 305–7348. Commercial Avionics Systems CAS–81 on the distribution of power and SUPPLEMENTARY INFORMATION: On TCAS. These conditions still exist, and responsibilities among the various December 26, 1995, the FAA issued the AD is hereby published in the levels of government. Therefore, in priority letter AD 95–26–15, applicable Federal Register as an amendment to accordance with Executive Order 12612, to Allied Signal Commercial Avionics section 39.13 of the Federal Aviation it is determined that this final rule does Systems CAS–81 Traffic Alert and Regulations (14 CFR 39.13) to make it not have sufficient federalism Collision Avoidance Systems (TCAS) effective to all persons. implications to warrant the preparation that are installed in, but not limited to, This is considered to be interim of a Federalism Assessment. various transport category airplanes. action. The manufacturer has advised The FAA has determined that this That action requires a revision to the that it currently is developing a regulation is an emergency regulation FAA-approved Airplane Flight Manual modification that will positively address that must be issued immediately to (AFM) to provide the flightcrew with the unsafe condition addressed by this procedures to cycle power to the TCAS AD. Once this modification is correct an unsafe condition in aircraft, processor via the circuit breaker or developed, approved, and available, the and that it is not a ‘‘significant power bus, and to perform a TCAS FAA may consider additional regulatory action’’ under Executive functional test to verify proper rulemaking. Order 12866. It has been determined further that this action involves an operation of the TCAS. That action was Comments Invited prompted by reports of failure of the emergency regulation under DOT audio output of the CAS–81 TCAS. Although this action is in the form of Regulatory Policies and Procedures (44 During bench testing, the parts a final rule that involves requirements FR 11034, February 26, 1979). If it is manufacturer identified a capacitor in affecting flight safety and, thus, was not determined that this emergency the audio output circuit that continued preceded by notice and an opportunity regulation otherwise would be to build charge as long as the system for public comment, comments are significant under DOT Regulatory was powered. The capacitor biases the invited on this rule. Interested persons Policies and Procedures, a final audio circuit and causes failure of the are invited to comment on this rule by regulatory evaluation will be prepared audio output. The absence of audio submitting such written data, views, or and placed in the Rules Docket. A copy output can occur after the TCAS has arguments as they may desire. of it, if filed, may be obtained from the been powered without interruption for Communications shall identify the Rules Docket at the location provided approximately 12 hours. Power Rules Docket number and be submitted under the caption ADDRESSES. interrupts (intentional or unintentional) in triplicate to the address specified tend to relieve the failure condition by under the caption ADDRESSES. All List of Subjects in 14 CFR Part 39 causing the capacitor to discharge. This communications received on or before condition, if not corrected, could result the closing date for comments will be Air transportation, Aircraft, Aviation in a critical reduction of the reliability considered, and this rule may be safety, Safety. of the CAS–81 TCAS to perform its amended in light of the comments Adoption of the Amendment collision avoidance function. received. Factual information that Since the unsafe condition described supports the commenter’s ideas and Accordingly, pursuant to the is likely to exist or develop on other suggestions is extremely helpful in authority delegated to me by the airplanes of the same type design, the evaluating the effectiveness of the AD Administrator, the Federal Aviation FAA issued priority letter AD 95–26–15 action and determining whether Administration amends part 39 of the to ensure that the flightcrew is advised additional rulemaking action would be Federal Aviation Regulations (14 CFR of the potential hazard associated with needed. part 39) as follows: failure of the audio output of the CAS– Comments are specifically invited on 81 TCAS, and of the procedures the overall regulatory, economic, PART 39ÐAIRWORTHINESS necessary to address it. The AD requires environmental, and energy aspects of DIRECTIVES a revision to the AFM to provide the the rule that might suggest a need to flightcrew with procedures to cycle modify the rule. All comments 1. The authority citation for part 39 power to the TCAS processor via the submitted will be available, both before continues to read as follows: circuit breaker or power bus prior to the and after the closing date for comments, Authority: 49 U.S.C. 106(g), 40113, 44701. first flight of the day, prior to the in the Rules Docket for examination by accumulation of 10 hours of interested persons. A report that uninterrupted power, and at the mid- summarizes each FAA-public contact Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2701

§ 39.13 [Amended] ‘‘In order to ensure that the audio output possible internal engine damage. This 2. Section 39.13 is amended by of the CAS–81 TCAS operates properly, amendment is prompted by reports that accomplish the following: adding the following new airworthiness • aircraft with certain Curtiss-Wright directive: Prior to the first flight of the day; prior engines installed were fueled with a to the accumulation of 10 hours of 95–26–15 Allied Signal Commercial uninterrupted power; and at the mid-point of contaminated fuel mixture between May Avionics Systems: Amendment 39–9495 any one flight scheduled to exceed 10 hours: 22 and June 2, 1994, at Sacramento Docket 95–NM–270–AD. Cycle the power to the TCAS processor via Executive (SAC) airport, or between Applicability: All CAS–81 Traffic Alert and the circuit breaker or power bus. May 18 and June 2, 1994, at Sacramento Collision Avoidance Systems (TCAS) that are • Prior to taxi before takeoff: Initiate the Metro (SMF) airport. The actions installed in, but not limited to, the following TCAS functional test in accordance with specified by this AD are intended to airplanes, certificated in any category: AFM procedures to verify operational prevent detonation due to low octane, Aerospatiale Models ATR42 and ATR72 condition of the CAS–81 TCAS.’’ which can result in severe engine series airplanes; (b) An alternative method of compliance or damage and subsequent failure. Airbus Industries Models A300, A310, and adjustment of the compliance time that provides an acceptable level of safety may be DATES: Effective February 13, 1996, to A340 series airplanes; all persons except those persons to Beech Models 1900 and BE–65 through -90 used if approved by the Manager, FAA, (inclusive) series airplanes; Atlanta Aircraft Certification Office. whom it was made immediately Boeing Models 727–100, 727–200, 737–200, Operators shall submit their requests through effective by priority letter AD 94–11–10, 737–300, 737–400, 737–500, 747–100, 747– an appropriate FAA Principal Operations issued on June 23, 1994, which 200, 747–300, 747–400, 747SP, 757–200, Inspector, who may add comments and then contained the requirements of this 767–200, and 767–300 series airplanes; send it to the Manager, Atlanta ACO. amendment. Convair Model CV–580 airplanes; Note 2: Information concerning the Comments for inclusion in the Rules de Havilland Model DHC–7 series airplanes existence of approved alternative methods of Docket must be received on or before and Model DHC–8–100 airplanes; compliance with this AD, if any, may be March 29, 1996. EMBRAER Model EMB–120 series airplanes; obtained from the Atlanta ACO. ADDRESSES: Submit comments in Fairchild Model F227 airplanes; (c) Special flight permits may be issued in Fokker Models F28 Mark 100, Mark 1000, accordance with sections 21.197 and 21.199 triplicate to the Federal Aviation and Mark 4000 series airplanes; of the Federal Aviation Regulations (14 CFR Administration (FAA), New England General Dynamics Models Convair 340 and 21.197 and 21.199) to operate the airplane to Region, Office of the Assistant Chief 440 airplanes; a location where the requirements of this AD Counsel, Attention: Rules Docket No. Gulfstream Models G–159 and G-IV can be accomplished. 94–ANE–36, 12 New England Executive airplanes; (d) This amendment becomes effective on Park, Burlington, MA 01803–5299. Lockheed Model L–1011 series airplanes; February 5, 1996. McDonnell Douglas Models DC–8–60, DC–9– FOR FURTHER INFORMATION CONTACT: Issued in Renton, Washington, on January 31, DC–9–51, DC–10–10, DC–10–30, DC– Locke Easton, Aerospace Engineer, 22, 1996. 10–30F, MD–11, and MD–80 series Engine and Propeller Standards Staff, airplanes; Darrell M. Pederson, FAA, Engine and Propeller Directorate, Rockwell International NA–265–65 airplanes; Acting Manager, Transport Airplane 12 New England Executive Park; Saab Model 340 series airplanes; and Directorate, Aircraft Certification Service. telephone (617) 238–7113, fax (617) Shorts Model 360 series airplanes. [FR Doc. 96–1571 Filed 1–26–96; 8:45 am] 238–7199. Note 1: This AD applies to, but is not BILLING CODE 4910±13±U SUPPLEMENTARY INFORMATION: On June limited to, each airplane identified in the preceding applicability provision, regardless 23, 1994, the Federal Aviation Administration (FAA) issued priority of whether it has been modified, altered, or 14 CFR Part 39 repaired in the area subject to the letter airworthiness directive (AD) 94– requirements of this AD. For airplanes that [Docket No. 94±ANE±36; Amendment 39± 11–10, applicable to Curtiss-Wright have been modified, altered, or repaired so 9471; AD 94±11±10] R1820 series reciprocating engines, that the performance of the requirements of installed on the following U.S. this AD is affected, the owner/operator must Airworthiness Directives; Curtiss- registered aircraft: N313WB, N7044L, use the authority provided in paragraph (b) Wright R1820 Series Reciprocating N815SH, and N83AW, which requires of this AD to request approval from the FAA. Engines This approval may address either no action, teardown and analytical inspection for if the current configuration eliminates the AGENCY: Federal Aviation engines certified to operate on 91 or unsafe condition; or different actions Administration, DOT. higher octane aviation gasoline (avgas), necessary to address the unsafe condition ACTION: Final rule, request for and differential compression test and described in this AD. Such a request should comments. examination of the oil filter for engines include an assessment of the effect of the certified to operate on 80 octane avgas. changed configuration on the unsafe SUMMARY: This document publishes in That action was prompted by reports of condition addressed by this AD. In no case the Federal Register an amendment reports of aviation gasoline (avgas) being does the presence of any modification, alteration, or repair remove any affected adopting Airworthiness Directive (AD) contaminated by Jet A fuel. After airplane from the applicability of this AD. 94–11–10 that was sent previously to investigation, the source of the Compliance: Required as indicated, unless certain U.S. owners and operators of contamination has been determined to accomplished previously. Curtiss-Wright R1820 series be the refiner of the avgas. Through its To ensure that the flightcrew is advised of reciprocating engines, installed on the distribution system, the refiner the potential hazard associated with failure following U.S. registered aircraft: inadvertently caused Jet A fuel to be of the audio output of the CAS–81 TCAS, and N313WB, N7044L, N815SH, and loaded into distribution tanks intended of the procedures necessary to address it, N83AW by individual letters. This AD for avgas. Contaminated avgas from accomplish the following: requires engines certified to operate on these distribution tanks was then (a) Within 3 calendar days after receipt of 91 octane or higher avgas to undergo a shipped to local fuel distributors. The this AD, revise the Limitations Section of the FAA-approved Airplane Flight Manual teardown and analytical inspection for FAA has determined that aircraft with (AFM) to include the following. This may be detonation damage, and engines certain Franklin engines installed were accomplished by inserting a copy of this AD certified to operate on 80 octane avgas fueled with this contaminated mixture in the AFM. to undergo inspection for evidence of between May 22 and June 2, 1994, at 2702 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

Sacramento Executive (SAC) airport, or and contrary to the public interest, and accordance with Executive Order 12612, between May 18 and June 2, 1994, at good cause existed to make the AD it is determined that this final rule does Sacramento Metro (SMF) airport. The effective immediately by individual not have sufficient federalism list of U.S. registered aircraft specified letters issued on June 23, 1994, to implications to warrant the preparation in the applicability paragraph of this AD certain U.S. owners and operators of of a Federalism Assessment. is based on investigation of fueling Curtiss-Wright R1820 series The FAA has determined that this records secured from the two affected reciprocating engines, installed on the regulation is an emergency regulation airports, which the FAA has determined following U.S. registered aircraft: that must be issued immediately to to represent the population of affected N313WB, N7044L, N815SH, and correct an unsafe condition in aircraft, engines. This condition, if not corrected, N83AW. These conditions still exist, and is not a ‘‘significant regulatory could result in detonation due to low and the AD is hereby published in the action’’ under Executive Order 12866. It octane, which can result in severe Federal Register as an amendment to has been determined further that this engine damage and subsequent failure. Section 39.13 of part 39 of the Federal action involves an emergency regulation This AD requires engines certified to Aviation Regulations (14 CFR part 39) to under DOT Regulatory Policies and operate on 91 octane or higher avgas to make it effective to all persons. Procedures (44 FR 11034, February 26, undergo a teardown and analytical Comments Invited 1979). If it is determined that this inspection for detonation damage, and emergency regulation otherwise would engines certified to operate on 80 octane Although this action is in the form of be significant under DOT Regulatory avgas to undergo inspection for a final rule that involves requirements Policies and Procedures, a final evidence of possible internal engine affecting flight safety and, thus, was not regulatory evaluation will be prepared damage. Engineering analysis of preceded by notice and an opportunity and placed in the Rules Docket. A copy operating these engines with avgas for public comment, comments are of it, if filed, may be obtained from the contaminated with Jet A fuel indicates invited on this rule. Interested persons Rules Docket at the location provided that actual damage to the engine may are invited to comment on this rule by under the caption ADDRESSES. range from unnoticeable to very severe, submitting such written data, views, or according to the duration of run, engine arguments as they may desire. List of Subjects in 14 CFR Part 39 power level, and level of contamination. Communications should identify the Air transportation, Aircraft, Aviation Damage may be characterized by Rules Docket number and be submitted safety, Incorporation by reference, increased operating temperatures in triplicate to the address specified Safety. resulting in damaged intake valves and under the caption ADDRESSES. All burned pistons, and excessive loads communications received on or before Adoption of the Amendment imposed by detonation. Since internal the closing date for comments will be Accordingly, pursuant to the damage may not be assessed by any considered, and this rule may be authority delegated to me by the other method, engines certified to amended in light of the comments Administrator, the Federal Aviation operate on 91 octane or higher avgas received. Factual information that Administration amends part 39 of the must undergo a teardown and analytical supports the commenter’s ideas and Federal Aviation Regulations (14 CFR inspection and any parts showing signs suggestions is extremely helpful in part 39) as follows: of detonation damage must be replaced. evaluating the effectiveness of the AD Investigation revealed the lowest octane action and determining whether PART 39ÐAIRWORTHINESS level of the contaminated fuel to be 83 additional rulemaking action would be DIRECTIVES octane, therefore engines certified to needed. 1. The authority citation for part 39 Comments are specifically invited on operate on 80 octane avgas need not continues to read as follows: undergo a teardown and analytical the overall regulatory, economic, inspection unless evidence of internal environmental, and energy aspects of Authority: 49 USC 106(g), 40101, 40113, 44701. engine damage is present by the the rule that might suggest a need to required differential compression test modify the rule. All comments § 39.13 [Amended] and examination of the oil filter for submitted will be available, both before 2. Section 39.13 is amended by metal particles. The refiner has advised and after the closing date for comments, adding the following new airworthiness the FAA that it may pay for any in the Rules Docket for examination by directive: reasonable expense associated with the interested persons. A report that inspection and/or disassembly in summarizes each FAA-public contact 94–11–10 Curtiss-Wright: Amendment 39– 9471. Docket 94–ANE–36. accordance with the mechanic’s and concerned with the substance of this AD manufacturer’s recommendations. will be filed in the Rules Docket. Applicability: Curtiss-Wright R1820 series Since the unsafe condition described Commenters wishing the FAA to reciprocating engines, installed on the following U.S. registered aircraft: N313WB, is likely to exist or develop on other acknowledge receipt of their comments N7044L, N815SH, and N83AW. engines of the same type design, the submitted in response to this notice Note: This airworthiness directive (AD) FAA issued priority letter AD 94–11–10 must submit a self-addressed, stamped applies to each engine identified in the to prevent detonation due to low octane. postcard on which the following preceding applicability provision, regardless The AD requires teardown and statement is made: ‘‘Comments to of whether it has been modified, altered, or analytical inspection for engines Docket Number 94–ANE–36.’’ The repaired in the area subject to the certified to operate on 91 or higher postcard will be date stamped and requirements of this AD. For engines that octane avgas, and differential returned to the commenter. have been modified, altered, or repaired so compression test and examination of the The regulations adopted herein will that the performance of the requirements of oil filter for engines certified to operate not have substantial direct effects on the this AD is affected, the owner/operator must States, on the relationship between the use the authority provided in paragraph (c) on 80 octane avgas. to request approval from the Federal Aviation Since it was found that immediate national government and the States, or Administration (FAA). This approval may corrective action was required, notice on the distribution of power and address either no action, if the current and opportunity for prior public responsibilities among the various configuration eliminates the unsafe comment thereon were impracticable levels of government. Therefore, in condition, or different actions necessary to Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2703 address the unsafe condition described in Issued in Burlington, Massachusetts, on letter airworthiness directive (AD) 94– this AD. Such a request should include an January 11, 1996. 14–11, applicable to Franklin Model assessment of the effect of the changed Jay J. Pardee, 6A4–150–B3 and 6A4–165–B3 configuration on the unsafe condition Manager, Engine and Propeller Directorate, reciprocating engines, installed on the addressed by this AD. In no case does the Aircraft Certification Service. following U.S. registered aircraft: presence of any modification, alteration, or [FR Doc. 96–1411 Filed 1–26–96; 8:45 am] N6209M, N74231, and N752C. That repair remove any engine from the BILLING CODE 4910±13±U action requires teardown and analytical applicability of this AD. inspection for engines certified to Compliance: Required as indicated, unless operate on 91 or higher octane aviation accomplished previously. 14 CFR Part 39 gasoline (avgas), and differential To prevent detonation due to low octane, [Docket No. 95±ANE±70; Amendment 39± compression test and examination of the which can result in severe engine damage 9489, AD 96±02±04] oil filter for engines certified to operate and subsequent failure, accomplish the on 80 octane avgas. That action was following: Airworthiness Directives; Franklin prompted by reports of reports of (a) For engines that are certified to operate Model 6A4±150±B3 and 6A4±165±B3 aviation gasoline (avgas) being on only 91 or higher octane aviation gasoline Reciprocating Engines contaminated by Jet A fuel. After (avgas) within the next 2 hours time in investigation, the source of the service (TIS) after the effective date of this AGENCY: Federal Aviation contamination has been determined to airworthiness directive (AD) perform an Administration, DOT. be the refiner of the avgas. Through its engine teardown and analytical inspection, ACTION: Final rule; request for distribution system, the refiner and replace with serviceable parts as comments. inadvertently caused Jet A fuel to be necessary in accordance with the applicable loaded into distribution tanks intended SUMMARY: This amendment adopts a overhaul manuals. for avgas. Contaminated avgas from new airworthiness directive (AD) that is (b) For engines that are certified to operate these distribution tanks was then applicable to Franklin Model 6A4–150– on 80 octane avgas, within the next 2 hours shipped to local fuel distributors. The B3 and 6A4–165–B3 reciprocating TIS after the effective date of this AD conduct FAA has determined that aircraft with engines, installed on the following U.S. a differential compression test on all certain Franklin engines installed were registered aircraft: N6209M, N74231, cylinders in accordance with the applicable fueled with this contaminated mixture and N752C. This action supersedes maintenance manuals, and examine the oil between May 22 and June 2, 1994, at filter by cutting the oil filter apart and priority letter AD 94–14–11 that Sacramento Executive (SAC) airport, or spreading the filter paper out to look for currently requires engines certified to between May 18 and June 2, 1994, at metal particles. If metal particles are present, operate on 91 octane or higher avgas to Sacramento Metro (SMF) airport. The or if one or more cylinders shows undergo a teardown and analytical list of U.S. registered aircraft specified unacceptable compression as specified in the inspection for detonation damage, and in the applicability paragraph of this AD applicable maintenance manuals, perform an engines certified to operate on 80 octane is based on investigation of fueling engine teardown and analytical inspection, avgas to undergo inspection for records secured from the two affected and replace with serviceable parts as evidence of possible internal engine airports, which the FAA has determined necessary in accordance with the applicable damage. This action revises incorrect to represent the population of affected overhaul manuals. engine model numbers listed in the engines. That condition, if not Note: Additional guidance for conducting priority letter AD. This amendment is corrected, could result in detonation differential compression tests is contained in prompted by updated information that due to low octane, which can result in paragraph 692 of Advisory Circular (AC) No. has identified the correct engine model severe engine damage and subsequent 43.13–1A, dated 1988. numbers. The actions specified by this failure. (c) An alternative method of compliance or AD are intended to prevent detonation adjustment of the compliance time that due to low octane, which can result in This AD requires engines certified to provides an acceptable level of safety may be severe engine damage and subsequent operate on 91 octane or higher avgas to used if approved by the Manager, Engine and failure. undergo a teardown and analytical inspection for detonation damage, and Propeller Standards Staff. The request should DATES: Effective February 13, 1996. engines certified to operate on 80 octane be forwarded through an appropriate FAA Comments for inclusion in the Rules avgas to undergo inspection for Maintenance Inspector, who may add Docket must be received on or before evidence of possible internal engine comments and then send it to the Manager, March 29, 1996. Engine and Propeller Standards Staff. damage. Engineering analysis of ADDRESSES: Submit comments in Note: Information concerning the existence operating these engines with avgas triplicate to the Federal Aviation contaminated with Jet A fuel indicates of approved alternative methods of Administration (FAA), New England compliance with this airworthiness directive, that actual damage to the engine may Region, Office of the Assistant Chief range from unnoticeable to very severe, if any, may be obtained from the Engine and Counsel, Attention: Rules Docket No. Propeller Standards Staff. according to the duration of run, engine 95–ANE–70, 12 New England Executive power level, and level of contamination. (d) Special flight permits may be issued in Park, Burlington, MA 01803–5299. accordance with sections 21.197 and 21.199 Damage may be characterized by FOR FURTHER INFORMATION CONTACT: of the Federal Aviation Regulations (14 CFR increased operating temperatures 21.197 and 21.199) to operate the aircraft to Locke Easton, Aerospace Engineer, resulting in damaged intake valves and a location where the requirements of this AD Engine and Propeller Standards Staff, burned pistons, and excessive loads can be accomplished. FAA, Engine and Propeller Directorate, imposed by detonation. Since internal (e) This amendment becomes effective 12 New England Executive Park; damage may not be assessed by any February 13, 1996, to all persons except those telephone (617) 238–7113, fax (617) other method, engines certified to persons to whom it was made immediately 238–7199. operate on 91 octane or higher avgas effective by priority letter AD 94–11–10, SUPPLEMENTARY INFORMATION: On June must undergo a teardown and analytical issued June 23, 1994, which contained the 23, 1994, the Federal Aviation inspection and any parts showing signs requirements of this amendment. Administration (FAA) issued priority of detonation damage must be replaced. 2704 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

Investigation revealed the lowest octane submitted in response to this notice installed on the following U.S. registered level of the contaminated fuel to be 83 must submit a self-addressed, stamped aircraft: N6209M, N74231, and N752C. octane, therefore engines certified to postcard on which the following Note: This airworthiness directive (AD) operate on 80 octane avgas need not statement is made: ‘‘Comments to applies to each engine identified in the undergo a teardown and analytical Docket Number 95–ANE–70.’’ The preceding applicability provision, regardless inspection unless evidence of internal postcard will be date stamped and of whether it has been modified, altered, or repaired in the area subject to the engine damage is present by the returned to the commenter. requirements of this AD. For engines that required differential compression test The regulations adopted herein will have been modified, altered, or repaired so and examination of the oil filter for not have substantial direct effects on the that the performance of the requirements of metal particles. The refiner has advised States, on the relationship between the this AD is affected, the owner/operator must the FAA that it may pay for any national government and the States, or use the authority provided in paragraph (c) reasonable expense associated with the on the distribution of power and to request approval from the Federal Aviation inspection and/or disassembly in responsibilities among the various Administration (FAA). This approval may accordance with the mechanic’s and levels of government. Therefore, in address either no action, if the current configuration eliminates the unsafe manufacturer’s recommendations. accordance with Executive Order 12612, Since an unsafe condition has been condition, or different actions necessary to it is determined that this final rule does address the unsafe condition described in identified that is likely to exist or not have sufficient federalism this AD. Such a request should include an develop on other engines of this same implications to warrant the preparation assessment of the effect of the changed type design, this AD supersedes priority of a Federalism Assessment. configuration on the unsafe condition letter AD 94–14–11 to revise incorrect The FAA has determined that this addressed by this AD. In no case does the engine model numbers listed in the regulation is an emergency regulation presence of any modification, alteration, or priority letter AD. that must be issued immediately to repair remove any engine from the applicability of this AD. Since a situation exists that requires correct an unsafe condition in aircraft, the immediate adoption of this and is not a ‘‘significant regulatory Compliance: Required as indicated, unless regulation, it is found that notice and accomplished previously. detonation due to action’’ under Executive Order 12866. It low octane, which can result in severe engine opportunity for prior public comment has been determined further that this hereon are impracticable, and that good damage and subsequent failure, accomplish action involves an emergency regulation the following: cause exists for making this amendment under DOT Regulatory Policies and (a) For engines that are certified to operate effective in less than 30 days. Procedures (44 FR 11034, February 26, on only 91 or higher octane aviation gasoline Comments Invited 1979). If it is determined that this (avgas) within the next 2 hours time in service (TIS) after the effective date of this Although this action is in the form of emergency regulation otherwise would be significant under DOT Regulatory airworthiness directive (AD) perform an a final rule that involves requirements engine teardown and analytical inspection, affecting flight safety and, thus, was not Policies and Procedures, a final and replace with serviceable parts as preceded by notice and an opportunity regulatory evaluation will be prepared necessary in accordance with the applicable for public comment, comments are and placed in the Rules Docket. A copy overhaul manuals. invited on this rule. Interested persons of it, if filed, may be obtained from the (b) For engines that are certified to operate are invited to comment on this rule by Rules Docket at the location provided on 80 octane avgas, within the next 2 hours under the caption ADDRESSES. TIS after the effective date of this AD conduct submitting such written data, views, or a differential compression test on all arguments as they may desire. List of Subjects in 14 CFR Part 39 cylinders in accordance with the applicable Communications should identify the Air transportation, Aircraft, Aviation maintenance manuals, and examine the oil Rules Docket number and be submitted filter by cutting the oil filter apart and safety, Incorporation by reference, in triplicate to the address specified spreading the filter paper out to look for Safety. under the caption ADDRESSES. All metal particles. If metal particles are present, communications received on or before Adoption of the Amendment or if one or more cylinders shows the closing date for comments will be unacceptable compression as specified in the Accordingly, pursuant to the applicable maintenance manuals, perform an considered, and this rule may be authority delegated to me by the engine teardown and analytical inspection, amended in light of the comments Administrator, the Federal Aviation and replace with serviceable parts as received. Factual information that Administration amends part 39 of the necessary in accordance with the applicable supports the commenter’s ideas and Federal Aviation Regulations (14 CFR overhaul manuals. suggestions is extremely helpful in part 39) as follows: Note: Additional guidance for conducting evaluating the effectiveness of the AD differential compression tests is contained in action and determining whether PART 39ÐAIRWORTHINESS paragraph 692 of Advisory Circular (AC) No. additional rulemaking action would be DIRECTIVES 43.13–1A, dated 1988. needed. (c) An alternative method of compliance or Comments are specifically invited on 1. The authority citation for part 39 adjustment of the compliance time that the overall regulatory, economic, continues to read as follows: provides an acceptable level of safety may be used if approved by the Manager, Engine and environmental, and energy aspects of Authority: 49 U.S.C. 106(g), 40101, 40113, Propeller Standards Staff. The request should the rule that might suggest a need to 44701. be forwarded through an appropriate FAA modify the rule. All comments § 39.13 [Amended] Maintenance Inspector, who may add submitted will be available, both before comments and then send it to the Manager, and after the closing date for comments, 2. Section 39.13 is amended by Engine and Propeller Standards Staff. adding the following new airworthiness in the Rules Docket for examination by Note: Information concerning the existence interested persons. A report that directive: of approved alternative methods of summarizes each FAA-public contact 96–02–04 Franklin: Amendment 39–9489. compliance with this airworthiness directive, concerned with the substance of this AD Docket No. 95–ANE–70. Supersedes AD if any, may be obtained from the Engine and will be filed in the Rules Docket. 94–14–11. Propeller Standards Staff. Commenters wishing the FAA to Applicability: Franklin Model 6A4–150–B3 (d) Special flight permits may be issued in acknowledge receipt of their comments and 6A4–165–B3 reciprocating engines, accordance with sections 21.197 and 21.199 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2705 of the Federal Aviation Regulations (14 CFR FOR FURTHER INFORMATION CONTACT: tailplanes if the outside air temperatures 21.197 and 21.199) to operate the aircraft to Andrew Gfrerer, Aerospace Engineer, are above +5 degrees Celsius on a location where the requirements of this AD Systems and Equipment Branch, ANM– approach. Ice sublimation, melting, and can be accomplished. 130L, FAA, Transport Airplane shedding are not only functions of (e) This amendment supersedes priority temperature, but also are dependent letter AD 94–11–11, issued June 23, 1994. Directorate, Los Angeles Aircraft (f) This amendment becomes effective on Certification Office, 3960 Paramount upon other factors such as the nature, February 13, 1996. Boulevard, Lakewood, California 90712; size, and extent of ice accretion; Issued in Burlington, Massachusetts, on telephone (310) 627–5338; fax (310) operation of ice protection systems; time January 11, 1996. 627–5210. of flight in temperatures above freezing; Jay J. Pardee, SUPPLEMENTARY INFORMATION: A and airplane speed. proposal to amend part 39 of the Federal The commenter’s concern regarding Manager, Engine and Propeller Directorate, incurring a flap extension limitation Aircraft Certification Service. Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) after encountering, and then departing, [FR Doc. 96–1410 Filed 1–26–96; 8:45 am] icing conditions has merit. However, the BILLING CODE 4910±13±U that is applicable to various General Dynamics (Convair) airplanes was airplane must be free of ice before the published in the Federal Register on flaps are extended to greater than 30 degrees. Since ice can accrete on 14 CFR Part 39 June 16, 1995 (60 FR 31648). That action proposed to require revising the FAA- tailplanes with a small leading edge [Docket No. 95±NM±19±AD; Amendment radius when there is no evidence of ice approved Airplane Flight Manual 39±9501; AD 96±03±04] accretion on the wings, a method of (AFM) to require that the flight crew visual inspection of the wings, limit the flap settings during certain Airworthiness Directives; General tailplanes, and/or proven ice detectors icing conditions and air temperatures. Dynamics (Convair) Model 240 Series or ice evidence probes would be Interested persons have been afforded Airplanes, Including Model T±29 necessary to assure clean surfaces. (Military) Airplanes; Model 340 and 440 an opportunity to participate in the One commenter requests that the Series Airplanes; and Model C±131 making of this amendment. Due proposed AD be withdrawn. The (Military) Airplanes; Including Those consideration has been given to the commenter states that the airplane can Modified for Turbo-Propeller Power comments received. be operated quite safely within the One commenter supports the environment to which it is certified AGENCY: Federal Aviation proposed rule. when the anti-icing system is Administration, DOT. One commenter supports the operational and functioning, and when ACTION: Final rule. proposed rule, but believes that an that system is used in the manner in allowance should be made for using a which it was intended. SUMMARY: This amendment adopts a setting of greater than flaps 30 after new airworthiness directive (AD), The FAA does not concur with the icing conditions have been encountered commenter’s request. Test pilots of applicable to various General Dynamics if outside air temperatures in the (Convair) airplanes, that requires Convair Model 5800 series airplanes landing area are well above freezing. actually experienced evidence of ice revising the Airplane Flight Manual to The commenter indicates that icing contaminated tailplane stall (ICTS) require that the flight crew limit the flap conditions may be encountered at during pushover maneuver flight tests. settings during certain icing conditions cruising altitudes, but the ground (Model 5800 series airplanes are similar and air temperatures. This amendment temperatures could be much warmer. to Model 340 series airplanes equipped is prompted by reports indicating that The commenter believes that there is with turbo-prop engines.) For this incidents involving uncommanded virtually no chance that ice would reason the type certificate holder agreed pitch excursions have occurred due to remain on the tail. From the with the FAA that a flap extension ice contaminated tailplane stall (ICTS) commenter’s experience, all ice that has restriction during operation in icing that occurred during or following flight collected on the wing leading edges, conditions is necessary. The specific in icing conditions. If flap settings are engine nacelles, windscreens, and flight test used to determine increased for landing when conditions windshield wipers will have susceptibility to ICTS is a pushover for ICT S are present, elevator control disappeared by the time the indicating maneuver to generate an increased angle could be affected adversely and the outside air temperature has reached +5 of attack on the horizontal tailplane. airplane could descend uncontrollably. degrees Celsius on descent. This maneuver is performed with ice The actions specified by this AD are In light of these remarks, the shapes on the tailplane and flaps in intended to ensure that the flight crew commenter suggests that the AFM approach and landing positions, at is advised of the potential hazard revision required by paragraph (a) of the speeds from near approach to maximum related to increasing the flap settings proposed rule be reworded as follows: for the configurations. The test when conditions for ICTS are present, ‘‘Flap selection is limited to a procedure requires a push force and the procedures necessary to address maximum of 30 degrees after icing throughout the maneuver to zero load it. conditions have been encountered if the factor. A force reversal would be EFFECTIVE DATE: February 28, 1996. indicated OAT on approach is +5 indicative of an elevator hinge moment ADDRESSES: Information pertaining to degrees Celsius or lower; or if icing reversal caused by airflow separation this rulemaking action may be examined conditions are anticipated during due to accreted ice and an increased at the Federal Aviation Administration approach and landing; or when the angle of attack due to pitch rate, and (FAA), Transport Airplane Directorate, outside air temperature is +5 degrees would define the aircraft as susceptible Rules Docket, 1601 Lind Avenue SW., Celsius or below and any visible to ICTS. Because all affected Convair Renton, Washington; or at the FAA, Los moisture is present.’’ airplane models have tailplane designs Angeles Aircraft Certification Office, The FAA does not concur with the that are similar to the model tested, this Transport Airplane Directorate, 3960 commenter’s suggestion. Operators AD requires a flap limitation. Paramount Boulevard, Lakewood, cannot generally assume that accreted The FAA has revised this final rule to California. ice will not be present on wings and clarify that the unsafe condition 2706 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations specified in this AD can occur if the flap Administrator, the Federal Aviation Issued in Renton, Washington, on January settings are increased when conditions Administration amends part 39 of the 23, 1996. for ICTS are present. Federal Aviation Regulations (14 CFR Darrell M. Pederson, After careful review of the available part 39) as follows: Acting Manager, Transport Airplane data, including the comments noted Directorate, Aircraft Certification Service. above, the FAA has determined that air PART 39ÐAIRWORTHINESS [FR Doc. 96–1517 Filed 1–26–96; 8:45 am] safety and the public interest require the DIRECTIVES BILLING CODE 4910±13±U adoption of the rule as proposed. 1. The authority citation for part 39 There are approximately 282 Model continues to read as follows: 240 series airplanes, including Model 14 CFR Part 39 T–29 (military) airplanes; Model 340 Authority: 49 U.S.C. 106(g), 40113, 44701. [Docket No. 95±CE±88±AD; Amendment 39± and 440 series airplanes; Model C–131 § 39.13 [Amended] 9500; AD 95±24±10] (military) airplanes, and those models 2. Section 39.13 is amended by modified for turbo-propeller power; of adding the following new airworthiness Airworthiness Directives; Michelin the affected design in the worldwide directive: Aircraft Tire Corporation Part Number fleet. The FAA estimates that 197 028±520±1 (22x5.75±12/10PR) Tires airplanes of U.S. registry will be affected 96–03–04 General Dynamics (Convair): Installed on the Main Landing Gear of by this AD, that it will take Amendment 39–9501. Docket 95–NM– 19–AD. Airplanes approximately 1 work hour per airplane to accomplish the required actions, and Applicability: All Model 240 series AGENCY: Federal Aviation airplanes, including Model T–29 (military) Administration, DOT. that the average labor rate is $60 per airplanes; Model 340 and 440 series work hour. Based on these figures, the airplanes; and Model C–131 (military) ACTION: Final rule; request for cost impact of the AD on U.S. operators airplanes; including those models modified comments. is estimated to be $11,820, or $60 per for turbo-propeller power (commonly airplane. referred to as Model 580, 600, and 640 series SUMMARY: This document publishes in The cost impact figure discussed airplanes); certificated in any category. the Federal Register an amendment above is based on assumptions that no Compliance: Required as indicated, unless adopting Airworthiness Directive (AD) operator has yet accomplished any of accomplished previously. 95–24–10, which was sent previously to To ensure that the flight crew is advised of all known U.S. owners and operators of the requirements of this AD action, and the potential hazard associated with that no operator would accomplish increasing the flap settings when ice airplanes with a Michelin Aircraft Tire those actions in the future if this AD contaminated tailplane stall (ICTS) Corporation part number (P/N) 028– were not adopted. conditions are present, and the procedures 520–1 (22x5.75–12/10PR) tire installed The regulations adopted herein will necessary to address it, accomplish the on the main landing gear. This AD not have substantial direct effects on the following: requires replacing any of the affected States, on the relationship between the (a) Within 30 days after the effective date tires with an FAA-approved tire. Two national government and the States, or of this AD, revise the Limitations Section of reports of failure (rupture) of the main the FAA-approved Airplane Flight Manual landing gear tire during landing on the distribution of power and (AFM) to include the following procedures, responsibilities among the various which will limit the flap settings during operations on Cessna Citation VII levels of government. Therefore, in certain icing conditions and air temperatures. airplanes prompted priority letter AD accordance with Executive Order 12612, This may be accomplished by inserting a 95–24–10. The actions specified by this it is determined that this final rule does copy of this AD in the AFM. AD are intended to prevent loss of not have sufficient federalism ‘‘FLAP LIMITATION IN ICING CONDITIONS control of the airplane during landing implications to warrant the preparation Flap selection is limited to a maximum of operations because of failure of a P/N of a Federalism Assessment. 30 degrees after icing conditions have been 028–520–1 (22x5.75–12/10PR) tire. For the reasons discussed above, I encountered; or when icing conditions are DATES: Effective February 21, 1996, to certify that this action (1) is not a anticipated during approach and landing; or all persons except those to whom it was ‘‘significant regulatory action’’ under when the outside air temperature is +5 made immediately effective by priority Executive Order 12866; (2) is not a degrees Celsius or below and any visible letter AD 95–24–10, issued November ‘‘significant rule’’ under DOT moisture is present.’’ (b) An alternative method of compliance or 21, 1995, which contained the Regulatory Policies and Procedures (44 adjustment of the compliance time that requirements of this amendment. FR 11034, February 26, 1979); and (3) provides an acceptable level of safety may be Comments for inclusion in the Rules will not have a significant economic used if approved by the Manager, Los Docket must be received on or before impact, positive or negative, on a Angeles Aircraft Certification Office (ACO), April 30, 1996. FAA, Transport Airplane Directorate. substantial number of small entities ADDRESSES: Submit comments in under the criteria of the Regulatory Operators shall submit their requests through an appropriate FAA Principal Maintenance triplicate to the Federal Aviation Flexibility Act. A final evaluation has Administration (FAA), Central Region, been prepared for this action and it is Inspector, who may add comments and then send it to the Manager, Los Angeles ACO. Office of the Assistant Chief Counsel, contained in the Rules Docket. A copy Attention: Rules Docket 95–CE–88–AD, of it may be obtained from the Rules Note: Information concerning the existence of approved alternative methods of Room 1558, 601 E. 12th Street, Kansas Docket at the location provided under compliance with this AD, if any, may be City, Missouri 64106. the caption ADDRESSES. obtained from the Los Angeles ACO. Information that relates to this AD List of Subjects in 14 CFR Part 39 (c) Special flight permits may be issued in may be examined at the Rules Docket at accordance with sections 21.197 and 21.199 the address above, or at the Office of the Air transportation, Aircraft, Aviation of the Federal Aviation Regulations (14 CFR safety, Safety. Federal Register, 800 North Capitol 21.197 and 21.199) to operate the airplane to Street NW., 7th Floor, suite 700, Adoption of the Amendment a location where the requirements of this AD can be accomplished. Washington, DC. Accordingly, pursuant to the (d) This amendment becomes effective on FOR FURTHER INFORMATION CONTACT: Ms. authority delegated to me by the February 28, 1996. Denise Bosonetto, Aerospace Engineer, Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2707

FAA, Atlanta Aircraft Certification Corporation P/N 028–520–1 (22x5.75– correct an unsafe condition in aircraft, Office, Campus Building, 1701 12/10PR) tires installed on the main and is not a ‘‘significant regulatory Columbia Avenue, suite 2–160, College landing gear. These conditions still action’’ under Executive Order 12866. It Park, Georgia 30337–2748; telephone exist, and the AD is hereby published in has been determined further that this (404) 305–7379; facsimile (404) 305– the Federal Register as an amendment action involves an emergency regulation 7348. to section 39.13 of the Federal Aviation under DOT Regulatory Policies and SUPPLEMENTARY INFORMATION: The FAA Regulations (14 CFR 39.13) to make it Procedures (44 FR 11034, February 26, has received two reports of failure effective as to all persons. 1979). If it is determined that this (rupture) of the main landing gear tire Comments Invited emergency regulation otherwise would during landing operations on Cessna be significant under DOT Regulatory Citation VII airplanes. Analysis of these Although this action is in the form of Policies and Procedures, a final incidents revealed the following: a final rule that involves requirements regulatory evaluation will be prepared affecting immediate flight safety and, —The tires, P/N 028–520–1 (22x5.75– and placed in the Rules Docket. A copy thus, was not preceded by notice and of it, if filed, may be obtained from the 12/10PR), were manufactured by the opportunity to comment, comments are Michelin Aircraft Tire Corporation Rules Docket at the location provided invited on this rule. Interested persons under the caption ADDRESSES. (FAA Manufacturing Approval: TSO- are invited to comment on this rule by C62c); submitting such written data, views, or List of Subjects in 14 CFR Part 39 —The cause of the failure is attributed arguments as they may desire. Air transportation, Aircraft, Aviation to separations that developed in the Communications should identify the crown region of the tire with the safety, Incorporation by reference, Rules Docket number and be submitted Safety rubber component below the tread in triplicate to the address specified reinforcing plies; above. All communications received on Adoption of the Amendment —The separations are attributed to low or before the closing date for comments Accordingly, pursuant to the adhesion caused by a misplaced will be considered, and this rule may be authority delegated to me by the rubber compound; and amended in light of the comments —A check of the company records Administrator, the Federal Aviation received. Factual information that Administration amends part 39 of the reveals that a total of 137 tires were supports the commenter’s ideas and manufactured in this lot and the Federal Aviation Regulations (14 CFR suggestions is extremely helpful in part 39) as follows: remaining 135 tires could contain this evaluating the effectiveness of the AD same low adhesion problem. action and determining whether PART 39ÐAIRWORTHINESS The P/N 028–520–1 (22x5.75–12/ additional rulemaking action would be DIRECTIVES 10PR) tires are predominantly installed needed. on Cessna Model 650 (Citation III, VI, Comments are specifically invited on 1. The authority citation for part 39 and VII) airplanes; however, they could the overall regulatory, economic, continues to read as follows: be installed on other airplanes. environmental, and energy aspects of Authority: 49 USC 106(g), 40113, 44701. After reviewing and examining all the rule that might suggest a need to available information to the incidents modify the rule. All comments § 39.13 [Amended] received above, the FAA has determined submitted will be available, both before 2. Section 39.13 is amended by that (1) the remaining 135 tires and after the closing date for comments, adding a new airworthiness directive manufactured in the lot that could have in the Rules Docket for examination by (AD) to read as follows: a possible low adhesion problem should interested persons. A report that 95–24–10 Michelin Aircraft Corporation: be removed from service; and (2) AD summarizes each FAA-public contact Amendment 39–9500; Docket No. 95– action should be taken to prevent loss concerned with the substance of this AD CE–88–AD. of control of the airplane during landing will be filed in the Rules Docket. Applicability: Part number (P/N) 028–520– operations because of failure of a Commenters wishing the FAA to 1 (22x5.75–12/10PR) tires with the following Michelin Aircraft Tire Corporation P/N acknowledge receipt of their comments serial numbers that are installed on the main 028–520–1 (22x5.75–12/10PR) tire. submitted in response to this rule must landing gear of, but not limited to, Cessna Since an unsafe condition has been submit a self-addressed, stamped Model 650 (Citation III, VI, and VII) airplanes identified that is likely to exist or postcard on which the following that are certificated in any category: develop in other airplanes that are statement is made: ‘‘Comments to Serial Nos. equipped with at least one Michelin Docket No. 95–CE–88–AD.’’ The Aircraft Tire Corporation P/N 028–520– postcard will be date stamped and 4279N00339 4279N00340 4279N00341 1 (22x5.75–12/10PR) tire (serial returned to the commenter. 4279N00342 4279N00343 4279N00597 numbers as referenced in the actual AD) 4279N00598 4279N00599 4279N00600 The regulations adopted herein will 4279N00601 4280N00075 4280N00199 installed on the main landing gear, the not have substantial direct effects on the 4280N00200 4280N00201 4280N00203 FAA issued priority letter AD 95–24–10 States, on the relationship between the 4280N00204 4280N00205 4280N00206 to require replacing any of the affected national government and the States, or 4280N00360 4280N00361 4282N00352 tires with an FAA-approved tire. on the distribution of power and 4283N00099 4283N00100 4283N00101 Since it was found that immediate responsibilities among the various 4283N00102 4283N00200 4283N00201 corrective action was required, notice levels of government. Therefore, in 4283N00202 4283N00453 4283N00454 and opportunity for prior public accordance with Executive Order 12612, 4283N00455 4283N00456 4284N00612 comment thereon were impracticable it is determined that this final rule does 4284N00613 4284N00614 4284N00615 and contrary to the public interest, and 4284N00616 4285N00100 4285N00101 not have sufficient federalism 4285N00102 4285N00103 4285N00104 good cause existed to make the AD implications to warrant the preparation 4285N00105 4285N00106 4285N00107 effective immediately by individual of a Federalism Assessment. 4285N00108 4285N00347 4285N00348 letters issued on November 21, 1995, to The FAA has determined that this 4285N00349 4285N00353 4285N00354 all known U.S. operators of airplanes regulation is an emergency regulation 4285N00355 4285N00356 4285N00608 with a Michelin Aircraft Tire that must be issued immediately to 4285N00609 4286N00103 4286N00104 2708 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

4286N00105 4286N00106 4286N00442 Note 2: Information concerning the Region, Office of the Assistant Chief 4286N00443 4286N00444 4286N00445 existence of approved alternative methods of Counsel, Attention: Rules Docket No. 4286N00446 4286N00447 4286N00448 compliance with this AD, if any, may be 92–ANE–32, 12 New England Executive 4286N00449 4286N00450 4286N00600 obtained from the Atlanta ACO. Park, Burlington, MA 01803–5299. 4286N00601 4286N00602 4286N00603 (d) Information that applies to this AD may FOR FURTHER INFORMATION CONTACT: 4286N00604 4286N00605 4286N00606 be examined at the FAA, Central Region, Jerry 4286N00608 4286N00609 4287N00088 Office of the Assistant Chief Counsel, Room Robinette, Aerospace Engineer, Atlanta 4287N00089 4287N00090 4287N00091 1558, 601 E. 12th Street, Kansas City, Certification Office, FAA, Small 4287N00092 4287N00093 4287N00094 Missouri 64106. Airplane Directorate, Campus Building, 4287N00095 4287N00096 4287N00097 (e) This amendment (39–9500) becomes 1701 Columbia Avenue, Suite 2–160, 4287N00357 4287N00358 4287N00359 effective on February 21, 1996, to all persons College Park, GA, 30337–2748; 4287N00360 4287N00361 4287N00362 except those persons to whom it was made 4287N00363 4287N00364 4288N00118 telephone (404) 305–7371, fax (404) immediately effective by priority letter AD 305–7348. 4288N00119 4288N00120 4288N00121 95–24–10, issued November 21, 1995, which 4288N00302 4288N00303 4288N00304 contained the requirements of this SUPPLEMENTARY INFORMATION: On 4288N00305 4288N00306 4288N00307 amendment. February 18, 1994, the Federal Aviation 4290N00111 4290N00113 4290N00114 Issued in Kansas City, Missouri, on January Administration (FAA) issued AD 94– 4290N00115 4290N00116 4290N00117 23, 1996. 05–05, Amendment 39–8843 (59 FR 4290N00355 4290N00356 4290N00606 10057, March 3, 1994), applicable to 4290N00607 4290N00608 4290N00609 John R. Colomy, 4290N00610 4290N00611 4290N00612 Acting Manager, Small Airplane Directorate, Teledyne Continental Motors (TCM) 4291N00082 4291N00083 4291N00084 Aircraft Certification Service. Models C75, C85, C90, C125, C145, O– 4291N00085 4291N00086 4291N00087 [FR Doc. 96–1573 Filed 1–26–96; 8:45 am] 200, O–300, and GO–300 series 4291N00088 4291N00089 4291N00091 reciprocating engines, to require BILLING CODE 4910±13±U 4291N00273 4291N00274 4291N00275 inspection of the cylinder rocker shaft 4291N00276 4291N00277 4291N00278 bosses for cracks, and inspection of the 4291N00620 4291N00621 14 CFR Part 39 cylinder rocker shaft for looseness and Note 1: This AD applies to each tire replacement, if necessary, with a identified in the preceding applicability [Docket No. 92±ANE±32; Amendment 39± serviceable part. That action was provision that is installed on an airplane, 9490; AD 94±05±05 R1] prompted by reports of cracked or regardless of whether it has been modified, altered, or repaired in the area subject to the Airworthiness Directives; Teledyne improperly repaired cylinder rocker requirements of this AD. For airplanes that Continental Motors Models C75, C85, shaft bosses. That condition, if not have been modified, altered, or repaired so C90, C125, C145, O±200, O±300, and corrected, could result in engine power that the performance of the requirements of GO±300 Series and Rolls-Royce, plc loss and engine failure. this AD is affected, the owner/operator must C90, O±200 and O±300 Series Since the issuance of that AD, the request approval for an alternative method of Reciprocating Engines FAA has received reports indicating compliance in accordance with paragraph (c) confusion among operators as to when of this AD. The request should include an AGENCY: Federal Aviation the inspection must be performed. The assessment of the effect of the modification, Administration, DOT. alteration, or repair on the unsafe condition FAA has learned that an operator addressed by this AD; and, if the unsafe ACTION: Final rule; request for removed a cylinder from an affected condition has not been eliminated, the comments. engine but did not do the inspection request should include specific proposed specified by AD 94–05–05, claiming that actions to address it. SUMMARY: This amendment revises an the inspection need only be Compliance: Required prior to further existing airworthiness directive (AD), accomplished when a cylinder is flight after the effective date of this AD (see applicable to Teledyne Continental removed for an overhaul, but not for a NOTE 2), except to those operators receiving Motors (TCM) Models C75, C85, C90, repair. That is not the intent of the this action by priority letter issued November C125, C145, O–200, O–300, and GO–300 current wording of the AD. The FAA 21, 1995, which made these actions effective series reciprocating engines, that has therefore revised the compliance immediately upon receipt. currently requires inspection of the To prevent loss of control of the airplane requirement in this AD to state that the cylinder rocker shaft bosses for cracks, inspection must be performed at the during landing operations because of P/N and inspection of the cylinder rocker 028–520–1 (22x5.75–12/10PR) tire failure, next cylinder removal from the engine, accomplish the following: shaft for looseness and replacement, if or engine overhaul, whichever occurs (a) Replace any of the P/N 028–520–1 necessary, with a serviceable part. This first. (22x5.75–12/10PR) tires identified in the amendment clarifies that the inspection In addition, the Civil Aviation Applicability section of this AD with an must be accomplished at the next Authorities of the United Kingdom and FAA-approved tire. cylinder removal from the engine or Denmark notified the FAA that the AD (b) Special flight permits may be issued in engine overhaul, whichever occurs first, should apply also to Rolls-Royce, plc accordance with sections 21.197 and 21.199 and adds certain Rolls-Royce, plc C90, O–200 and O–300 series of the Federal Aviation Regulations (14 CFR engines to the AD’s applicability. This 21.197 and 21.199) to operate the airplane to reciprocating engines, as they were a location where the requirements of this AD amendment is prompted by the need to produced by Rolls-Royce, plc under a can be accomplished. clarify when the inspection must be licensing agreement with TCM. Some (c) An alternative method of compliance or performed. The actions specified by this time after production ceased, continuing adjustment of the compliance time that AD are intended to prevent engine airworthiness responsibility reverted to provides an equivalent level of safety may be power loss and engine failure. TCM. The FAA has therefore added approved by the Manager, Atlanta Aircraft DATES: Effective February 13, 1996. these Rolls-Royce, plc engines to the Certification Office (ACO), Campus Building, Comments for inclusion in the Rules AD’s applicability. 1701 Columbia Avenue, suite 2–160, College Docket must be received on or before Park, Georgia 30337–2748. The request shall Since an unsafe condition has been be forwarded through an appropriate FAA March 29, 1996. identified that is likely to exist or Maintenance Inspector, who may add ADDRESSES: Submit comments in develop on other engines of this same comments and then send it to the Manager, triplicate to the Federal Aviation type design, this AD revises AD 94–05– Atlanta ACO. Administration (FAA), New England 05 to clarify that the inspection must be Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2709 accomplished at the next cylinder implications to warrant the preparation 415–D, E, and G; Univair (Forney) Models F– removal from the engine or engine of a Federalism Assessment. 1 and F–1A; Univair (Alon) Model A–2 and overhaul, whichever occurs first, and to The FAA has determined that this Univair (Mooney) Model M–10 aircraft. add certain Rolls-Royce, plc engines to regulation is an emergency regulation Note: This airworthiness directive (AD) the AD’s applicability. that must be issued immediately to applies to each engine identified in the Since a situation exists that requires correct an unsafe condition in aircraft, preceding applicability provision, regardless the immediate adoption of this of whether it has been modified, altered, or and is not a ‘‘significant regulatory repaired in the area subject to the regulation, it is found that notice and action’’ under Executive Order 12866. It requirements of this AD. For engines that opportunity for prior public comment has been determined further that this have been modified, altered, or repaired so hereon are impracticable, and that good action involves an emergency regulation that the performance of the requirements of cause exists for making this amendment under DOT Regulatory Policies and this AD is affected, the owner/operator must effective in less than 30 days. Procedures (44 FR 11034, February 26, use the authority provided in paragraph (d) to request approval from the Federal Aviation Comments Invited 1979). If it is determined that this emergency regulation otherwise would Administration (FAA). This approval may Although this action is in the form of be significant under DOT Regulatory address either no action, if the current a final rule that involves requirements configuration eliminates the unsafe Policies and Procedures, a final condition, or different actions necessary to affecting flight safety and, thus, was not regulatory evaluation will be prepared preceded by notice and an opportunity address the unsafe condition described in and placed in the Rules Docket. A copy this AD. Such a request should include an for public comment, comments are of it, if filed, may be obtained from the assessment of the effect of the changed invited on this rule. Interested persons Rules Docket at the location provided configuration on the unsafe condition are invited to comment on this rule by under the caption ADDRESSES. addressed by this AD. In no case does the submitting such written data, views, or presence of any modification, alteration, or arguments as they may desire. List of Subjects in 14 CFR Part 39 repair remove any engine from the Communications should identify the Air transportation, Aircraft, Aviation applicability of this AD. Rules Docket number and be submitted safety, Incorporation by reference, Compliance: Required as indicated, unless in triplicate to the address specified Safety. accomplished previously. under the caption ADDRESSES. All To prevent engine power loss and engine communications received on or before Adoption of the Amendment failure, accomplish the following: the closing date for comments will be Accordingly, pursuant to the (a) At the next cylinder removal from the considered, and this rule may be authority delegated to me by the engine, or engine overhaul, whichever occurs amended in light of the comments first, after the effective date of this AD, Administrator, the Federal Aviation inspect the cylinder rocker shaft bosses for received. Factual information that Administration amends part 39 of the cracks using one of the following methods, supports the commenter’s ideas and Federal Aviation Regulations (14 CFR and if cracked replace with a serviceable suggestions is extremely helpful in part 39) as follows: cylinder: evaluating the effectiveness of the AD Note: Certain cylinder cracks may be action and determining whether PART 39ÐAIRWORTHINESS repaired by FAA-approved repair stations additional rulemaking action would be DIRECTIVES specifically rated to do those repairs. needed. 1. The authority citation for part 39 (1) Fluorescent penetrant inspection, as Comments are specifically invited on continues to read as follows: follows: the overall regulatory, economic, (i) The penetrant shall be a nontoxic, environmental, and energy aspects of Authority: 49 USC 106(g), 40101, 40113, noncorrosive, highly fluorescent liquid the rule that might suggest a need to 44701. capable of penetrating fine discontinuities and, for aluminum castings, conforming to modify the rule. All comments § 39.13 [Amended] Aerospace Material Specification (AMS) submitted will be available, both before 2. Section 39.13 is amended by and after the closing date for comments, 3156. If a darkened enclosure is not used for removing Amendment 39–8843 (59 FR examination, AMS 3157 penetrant shall be in the Rules Docket for examination by 10057, March 3, 1994) and by adding a used. interested persons. A report that new airworthiness directive, (ii) The emulsifier shall be composed of summarizes each FAA-public contact Amendment 39–9490, to read as suitable oil or oil-like components together concerned with the substance of this AD follows: with such additives as are necessary to will be filed in the Rules Docket. provide a stable, nontoxic, noncorrosive, oil- Commenters wishing the FAA to 94–05–05 R1 Teledyne Continental Engines miscible, oil-emulsifying solution. Emulsifier acknowledge receipt of their comments and Rolls-Royce, plc: Amendment 39– shall not be used when AMS 3156 is used. submitted in response to this notice 9490. Docket 92–ANE–32. Revises AD (iii) The developer shall be a highly 94–05–05, Amendment 39–8843. must submit a self-addressed, stamped absorbent, nonfluorescent and nontoxic powder, capable of being used dry or a postcard on which the following Applicability: Teledyne Continental Motors (TCM) Model C75, C85, C90, C125, similar powder capable of being suspended statement is made: ‘‘Comments to C145, O–200, O–300, and GO–300 series and in water. When the suspension is used, the Docket Number 92–ANE–32.’’ The Rolls-Royce, plc (R–R) C90, O–200 and O– powder shall be thoroughly mixed with postcard will be date stamped and 300 series reciprocating engines, installed on water to a concentration, unless otherwise returned to the commenter. but not limited to American Champion permitted, of not less than 0.2 lb per gallon The regulations adopted herein will models 7BCM, 7CCM, 7DC, S7DC, S7CCM, and a uniform distribution maintained by not have substantial direct effects on the 7EC, S7EC, 7FC, 7JC, and 7ECA; Cessna mechanical agitation. States, on the relationship between the Models 120, 140, 150, 170, 172, 172A–H, and (iv) The penetrant, the emulsifier (if used) national government and the States, or 175; Luscombe Models 8E, 8F, and T–8F; and the developer shall be checked as often on the distribution of power and Maule Models Bee Dee M–4, M–4, M–4C, M– as necessary to maintain proper control. The 4S, M–4T, M–4–210, M–4–210C, M–4–210S, penetrant shall be discarded if it shows a responsibilities among the various M–4–210T, and M–5–210C; Piper Models noticeable loss in penetrating power or levels of government. Therefore, in PA–18 and PA–19; Reims Aviation SA marked contamination or when wax begins to accordance with Executive Order 12612, Models F172D, E, F, G, H, K; F150G, H, J, K, form on the sides of the tank and dip basket. it is determined that this final rule does L, M; FA150K, L; FRA150L; Swift Models (v) A darkness booth or a similar darkness not have sufficient federalism GC–1A and GC–1B; Univair (Erco) Models area with a filtered black light shall be 2710 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations provided. The black light shall be at least time or part temperatures higher than 80° C possible. A translucent film is adequate. Mix equal to that produced by a 100 watt mercury (180° F) should be avoided to prevent wet developer by agitation immediately prior vapor projection spot lamp equipped with a evaporation of the penetrant. to applying it. After applying the developer, filter to transmit wave lengths of between (xi) When a dry developer is used, the take care that no penetrant indication is 3200 and 4000 Angstrom units and absorb developing powder shall be applied disturbed or obliterated in subsequent substantially all visible light. The intensity of uniformly over the areas of the parts to be handling. the light at normal working distance shall be inspected by either dusting or powder-box (vi) Examination: examine the developed as specified by the purchaser but in no case immersion. penetrant indications in accordance with the shall be lower than 580 micro-watts per (xii) After sufficient time has been allowed dye penetrant manufacturer’s instructions. square centimeter as measured with an to develop indications, parts shall be Examine parts for indications of appropriate black light meter. examined under a black light. Examination discontinuities open to the surface. (vi) All parts shall be cleaned and dried in shall be made in a darkened enclosure unless (vii) Final cleaning: clean the parts such a manner as to leave them free from AMS 3157 penetrant is used, in which case following the inspection to remove penetrant grease, oil, soaps, alkalis and other examination may be made under normal and developer. substances which would interfere with shop lighting but shaded from direct Note 1: Caution: because of differences inspection. Vapor degreasing is generally sunlight. among penetrants, take care to ensure that suitable for this purpose. (xiii) When greater sensitivity is desired, the final cleaner, the penetrant, the penetrant (vii) Parts shall be immersed in the the parts may be heated to 65–85 °C (150– remover, and the developer are suitable for penetrant or shall be sprayed or brushed with 185 °F) before immersion in the penetrant use with each other. the penetrant and shall be allowed to remain and/or before black light examination. To Note 2: Caution: all penetrant materials immersed in the penetrant or to stand for prevent evaporation, preheated parts hall should be kept as free from moisture as sufficient time to allow satisfactory remain fully immersed in the penetrant until possible. penetration into all discontinuities. This time cooled. Note 3: Caution: most penetrants, cleaning shall, unless otherwise specified, not be less (xiv) Parts shall be cleaned, as necessary, agents, and developer suspensions are low than 5 minutes. The time for immersion or to remove penetrant and developer. flash point material; use caution to prevent standing will depend upon the character and (xv) Interpretation of the indications fires. revealed by this inspection procedure and fineness of the discontinuities, the (3) Etching inspection, as follows: final disposition of the parts shall be the effectiveness of penetration increasing with (i) For TCM C75, C85, C90, O–200 and R– responsibility of only qualified personnel time. Parts may be resprayed or re-immersed R C90 and O–200 series engines, in having experience with fluorescent penetrant after standing to increase sensitivity and aid accordance with paragraph 13–7 of TCM inspection. in removal of penetrant. Overhaul Manual Form X–30010, dated (xvi) Parts having discontinuities (cracks) (viii) Parts shall be removed from the January 1984. shall be rejected. penetrant and cleaned thoroughly using a (ii) For TCM C125, C145, O–300, GO–300 (2) Dye penetrant inspection, as follows: medium which will remove penetrant from and R–R O–300 series engines, in accordance the surface of parts; washing with water shall Note: Military Specification MIL–I–6866 with paragraphs 5(b)(1), 5(b)(2), and 5(b)(3) of be used when the penetrant is water and American Society of Testing Materials TCM Overhaul Manual Form X–30013, dated washable or when an emulsifying agent is specifications ASTM E1417–93 and E165–9 June 1982. applied to surfaces of parts to render the contain additional information on dye (b) At the next cylinder removal from the penetrant water washable. When emulsifiers penetrant inspection processes. engine, or engine overhaul, whichever occurs are used, the parts shall be dipped in the (i) Preparation: clean and dry all parts in first, after the effective date of this AD, emulsifier and removed slowly for draining such a manner as to leave the surfaces free dimensionally inspect cylinders for looseness or shall be sprayed with emulsifier and from grease, oil, soaps, alkalis, and other of the rocker shaft in accordance with page drained. Unless otherwise specified, the substances which would interfere with 22, paragraph 5, and Table IX of TCM combined dipping and draining time shall be inspection. Vapor degreasing is generally Overhaul Manual Form X–30013, dated June 1 to 5 minutes. When other than water suitable for this purpose. 1982, for TCM C125, C145, O–300, GO–300 washable penetrants are used, the penetrant (ii) Penetrant Application Procedure: after and R–R O–300 series engines, and the shall be removed with a suitable cleaner or preparation, spray or brush the parts with the dimensions table in paragraph 13–8 of TCM a suitable cleaner and lint-free cloths. During penetrant, and allow to stand for not less Overhaul Manual Form X–30010, dated cleaning, the parts may be viewed under a than 5 minutes. The effectiveness of the January 1984, for TCM C75, C85, C90, O–200 suitable black light to ensure removal of the penetrant increases if left standing for a and R–R C90 and O–200 series engines; as penetrant from the subrace of the part. longer time, as the penetrant will reach finer applicable. Excessive cleaning which would remove the discontinuities. (1) Cylinders that do not exhibit penetrant from discontinuities shall be (iii) Penetrant Cleaning: clean the parts dimensional looseness of the rocker shaft avoided. thoroughly using a medium which will beyond the limits specified in the applicable (ix) When a wet developer is used, the remove penetrant from the surfaces of parts; TCM overhaul manual may be returned to developer shall be applied to the parts, wash with water when the penetrant is water service. immediately after washing, by immersing the soluble. When other than water soluble (2) For cylinders that exhibit dimensional parts in the tank containing the water- penetrants are used, the penetrant shall be looseness of the rocker shaft, beyond the suspended powder or by spraying or flowing removed with a suitable cleaner. Avoid limits specified in the applicable TCM the suspension onto the parts. The excessive cleaning which would remove the overhaul manual, accomplish the following: suspension shall be suitably agitated either penetrant from discontinuities. (i) Replace with a serviceable cylinder; or during or immediately prior to application to (iv) Drying: dry the parts as thoroughly as (ii) Install bushings in accordance with the parts. Immersed parts shall be removed from possible. Drying of parts may be instructions on page 27 of TCM Overhaul the wet developer; excess developer shall be accomplished by evaporation at room Manual, Form X–30013, dated June 1982, for allowed to drain off all parts. Special care temperature or by placing the parts in a TCM C125, C145, O–300, GO–300 and R–R shall be taken to remove excess developer circulating warm air oven or in the air stream O–300 series engines; or the instructions on from pockets, recesses, holes, threads, and of a hot air dryer. Avoid excessive drying page 85 of TCM Overhaul Manual, Form X– corners so that the developer will not mask time or drying temperatures above 75 °C (165 30010, dated January 1984, for TCM models indications. °F) to prevent excessive evaporation of the C75, C85, C90, O–200 and RR C90 and O– (x) When a dry developer or no developer penetrant. If heat is used for drying parts, 200 series engines, as applicable. is used, the parts shall be dried as thoroughly cool parts to approximately 50 °C (120 °F) (iii) After repairing a cylinder perform an as possible by exposure to clean air. Drying before proceeding to the developing additional inspection of the cylinder rocker of parts may be accomplished by evaporation procedure. shaft bosses for cracks using fluorescent at room temperature or by placing the parts (v) Developing: apply the developer to the penetrant, dye penetrant, or etching methods, in a circulating warm air oven or in the air dry parts as lightly and as evenly as possible, and replace, if necessary, with a serviceable stream of a hot air dryer. Excessive drying using as thin a coating of developer as is cylinder. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2711

(c) Thereafter, at each subsequent cylinder Federal Aviation Regulations (14 CFR dated August 17, 1995, and effective or engine overhaul, reinspect cylinder rocker part 71) by amending the Class E September 16, 1995, is amended as bosses and rocker shafts in accordance with airspace area at Phoenix, AZ. follows: paragraphs (a) and (b) of this AD. Interested parties were invited to (d) An alternative method of compliance or Paragraph 6005 Class E airspace areas adjustment of the initial compliance time participate in this rulemaking extending upward from 700 feet or more that provides an acceptable level of safety proceeding by submitting written above the surface of the earth. comments on the proposal to the FAA. may be used if approved by the Manager, * * * * * Atlanta Aircraft Certification Office. The No comments to the proposal were request should be forwarded through an received. Class E airspace designations AWP AZ E5 Phoenix Sky Harbor appropriate FAA Maintenance Inspector, are published in paragraph 6005 of FAA International Airport, AZ [Revised] who may add comments and then send it to Order 7400.9C, dated August 17, 1995, Phoenix Sky Harbor International Airport, the Manager, Atlanta Aircraft Certification and effective September 16, 1995, which Phoenix, AZ Office. is incorporated by reference in 14 CFR (lat. 33°26′10′′ N, long. 112°00′34′′ W) Note: Information concerning the existence 71.1. Class E airspace designations Williams Gateway Airport, AZ of approved alternative methods of ° ′ ′′ ° ′ ′′ listed in this document will be (lat. 33 18 28 N, long. 111 39 19 W) compliance with this AD, if any, may be Luke AFB, AZ obtained from the Atlanta Aircraft published subsequently in this order. (lat. 33°32′06′′ N, long. 112°22′59′′ W) Certification Office. The Rule That airspace extending upward from 700 (e) Special flight permits may be issued in The amendment to part 71 of the feet above the surface within a 17.4-mile accordance with sections 21.197 and 21.199 radius of Luke AFB and within a 17.4-mile of the Federal Aviation Regulations (14 CFR Federal Aviation Regulations (14 CFR radius of Williams Gateway Airport and 21.197 and 21.199) to operate the aircraft to part 71) amends the Class E airspace within 2 parallel tangent lines connecting the a location where the requirements of this AD area at Phoenix, AZ. The intended effect two 17.4-mile radius circles, and that can be accomplished. of this action is to provide additional airspace northwest of Phoenix Sky Harbor (f) This amendment becomes effective on controlled airspace for aircraft arriving International Airport bounded by a line February 13, 1996. at Phoenix Sky Harbor International beginning at lat. 33°59′00′′ N, long. Issued in Burlington, Massachusetts, on 112°38′03′′ W; to lat. 33°49′24′′ N, long. Airport, Phoenix, AZ. ° ′ ′′ January 11, 1996. The FAA has determined that this 112 25 34 W, thence counterclockwise via Jay J. Pardee, the 17.4-mile radius of Luke AFB to lat. regulation only involves an established 33°42′00′′ N, long. 112°40′08′′ W; to lat. Manager, Engine and Propeller Directorate, body of technical regulations for which 33°44′00′′ N, long. 112°45′03′′ W; to lat. Aircraft Certification Service. frequent and routine amendments are 33°55′00′′ N, long. 112°45′03′′ W, to the point [FR Doc. 96–1409 Filed 1–26–96; 8:45 am] necessary to keep them operationally of beginning. That airspace extending BILLING CODE 4910±13±U current. Therefore, this regulation—(1) upward from 1,200 feet above the surface is not a ‘‘significant regulatory action’’ bounded by a line beginning at lat. 34°10′00′′ under Executive Order 12866; (2) is not N, long. 112°39′03′′ W; to lat. 34°10′00′′ N, 14 CFR Part 71 long. 111°30′03′′ W; to lat. 34°00′00′′ N, long. a ‘‘significant rule’’ under DOT ° ′ ′′ ° ′ ′′ Regulatory Policies and Procedures (44 110 52 02 W; lat. 32 33 00 N, long. [Airspace Docket No. 95±AWP±42] 110°52′02′′ W; to lat. 32°33′00′′ N, long. FR 10034; February 26, 1979); and (3) 112°00′02′′ W; to lat. 32°51′00′′ N, long. Amendment of Class E Airspace; does not warrant preparation of a 112°37′03′′ W; to lat. 32°51′00′′ N, long. Phoenix, AZ Regulatory Evaluation as the anticipated 113°00′03′′ W; to lat. 33°19′00′′ N, long. impact is so minimal. Since this is a 113°00′03′′ W; to lat. 33°19′00′′ N, long. AGENCY: Federal Aviation routine matter that will only affect air 113°10′03′′ W; to lat. 34°00′00′′ N, long. Administration (FAA), DOT. traffic procedures and air navigation, it 113°10′03′′ W; to lat. 34°00′00′′ N, long. ° ′ ′′ ACTION: Final rule. is certified that this rule will not have 112 52 03 W, thence to the point of a significant economic impact on a beginning. That airspace extending upward SUMMARY: This action amends the Class from 5,500 feet MSL west of Phoenix Sky E airspace area at Phoenix, AZ. substantial number of small entities Harbor International Airport bounded on the Additional controlled airspace is under the criteria of the Regulatory north by the south edge of V–16, on the east required for aircraft arriving Phoenix Flexibility Act. by the west boundary of the 1,200 foot portion of the Class E airspace area; on the Sky Harbor International Airport. The List of Subjects in 14 CFR Part 71 intended effect of this action is to south by the north edge of V–66 and on the Airspace, Incorporation by reference, west by long. 114°00′03′′ W, excluding that improve service to the users and reduce Navigation (air). airspace within Restricted Areas R–2308A, controller workload for those aircraft R–2308B, R–2308C, and R–2307. That inbound to Phoenix Sky Harbor Adoption of the Amendment airspace extending upward from 7,000 MSL International Airport, Phoenix, AZ. In consideration of the foregoing, the bounded on the north by lat. 34°00′00′′ N, on ° ′ ′′ EFFECTIVE DATE: 0901 UTC, April 25, Federal Aviation Administration the east by long. 113 10 03 W; on the south 1996. amends 14 CFR part 71 as follows: by the north edge of V–16 and on the west by long. 114°00′03′′ W. That airspace FOR FURTHER INFORMATION CONTACT: PART 71Ð[AMENDED] extending upward from 9,500 feet MSL Scott Speer, Airspace Specialist, System bounded on the north by the south edge of Management Branch, AWP–530, Air 1. The authority citation for 14 CFR V–12, on the east by the west edge of V–327, Traffic Division, Western-Pacific part 71 continues to read as follows: on the south and southeast by the north and Region, Federal Aviation northwest boundary of the 1,200 foot portion Administration, 15000 Aviation Authority: 49 U.S.C. 106(g), 40103, 40113, of the Class E airspace area, and on the Boulevard, Lawndale, California 90261, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– southwest by a line extending from lat. 1963 Comp., p. 389; 14 CFR 11.69. telephone (310) 725–6533. 34°08′48′′ N, long. 112°40′37′′ W, to the point ° ′ ′′ § 71.1 [Amended] of intersection on long. 113 10 03 W, and SUPPLEMENTARY INFORMATION: the south edge of V–12. That airspace 2. The incorporation by reference in History extending upward from 10,500 feet MSL 14 CFR 71.1 of the Federal Aviation bounded on the north by the south edge of On December 7, 1995, the FAA Administration Order 7400.9C, Airspace V–12/264, on the southeast by the northwest proposed to amend part 71 of the Designations and Reporting Points, edge of V–567 and on the west by the east 2712 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations edge of V–327. That airspace extending Order 7400.9C dated August 17, 1995, ASO FL E5 Stuart, FL [New] upward from 10,500 feet MSL bounded on and effective September 16, 1995. The Witham Field, FL the northwest by the southeast edge of V– Class E airspace designation listed in (lat. 27°10′51′′ N, long. 80°13′19′′ W) 567, on the southeast by the northwest edge this document will be published of V–95 and on the south by the north That airspace extending upward from 700 boundary of the 1,200 foot portion of the subsequently in the Order. feet above the surface within a 6.5-mile radius of Witham Field. Class E airspace area. The Rule * * * * * * * * * * Issued in Los Angeles, California, on This amendment to part 71 of the Issued in College Park, Georgia, on January January 12, 1996. Federal Aviation Regulations (14 CFR 17, 1996. James H. Snow, part 71) establishes Class E airspace at Benny L. McGlamery, Acting Manager, Air Traffic Division, Stuart, FL, to accommodate GPS RWY Acting Manager, Air Traffic Division, Western-Pacific Region. 11 and GPS RWY 29 SIAP’s and for IFR Southern Region. [FR Doc. 96–1442 Filed 1–26–96; 8:45 am] operations at Witham Field. The [FR Doc. 96–1437 Filed 1–26–96; 8:45 am] operating status of the airport will be BILLING CODE 4910±13±M BILLING CODE 4910±13±M changed from VFR to include IFR operations concurrent with publication 14 CFR Part 71 of these SIAP’s. 14 CFR Part 71 The FAA has determined that this [Airspace Docket No. 95±ANM±23] [Airspace Docket No. 95±ASO±25] regulation only involves an established Establishment of Class E Airspace; body of technical regulations for which Establishment of Class E Airspace; Stuart, FL frequent and routine amendments are Sandpoint, ID necessary to keep them operationally AGENCY: Federal Aviation current. It, therefore, (1) is not a AGENCY: Federal Aviation Administration (FAA), DOT. ‘‘significant regulatory action’’ under Administration (FAA), DOT. ACTION: Final rule. Executive Order 12866; (2) is not a ACTION: Final rule. ‘‘significant rule’’ under DOT SUMMARY: This action establishes the SUMMARY: This amendment establishes Regulatory Policies and Procedures (44 Sandpoint, Idaho, Class E airspace. This Class E airspace at Stuart, FL. GPS RWY FR 11034; February 26, 1979); and (3) action is necessary to accommodate a 11 and GPS RWY 29 Standard does not warrant preparation of a Global Positioning System (GPS) Instrument Approach Procedures regulatory evaluation as the anticipated Standard Instrument Approach (SIAP’s) have been developed for impact is so minimal. Since this is a Procedure (SIAP) to Dave Wall Field, Witham Field. Controlled airspace routine matter that will only affect air Sandpoint, Idaho. A minor correction is extending upward from 700 feet above traffic procedures and air navigation, it being made in the geographic position the surface (AGL) is needed to is certified that this rule will not have coordinates of Dave Wall Field and accommodate these SIAP’s and for a significant economic impact on a Spokane Fairchild AFB, Washington. instrument flight rules (IFR) operations substantial number of small entities An inadvertent error in the Notice of at the airport. The operating status of under the criteria of the Regulatory Proposed Rulemaking is also corrected the airport will change from VFR to Flexibility Act. include IFR operations concurrent with to reflect the intent to create a new Class publication of these SIAP’s. List of Subjects in 14 CFR Part 71 E airspace, not revise an existing Class E airspace. EFFECTIVE DATE: 0901 UTC, April 25, Airspace, Incorporation by reference, 1996. Navigation (air). EFFECTIVE DATE: 0901 UTC, April 25, FOR FURTHER INFORMATION CONTACT: 1996. Benny L. McGlamery, System Adoption of the Amendment FOR FURTHER INFORMATION CONTACT: Management Branch, Air Traffic In consideration of the foregoing, the James C. Frala, System Management Division, Federal Aviation Federal Aviation Administration Branch, ANM–535/A, Federal Aviation Administration, P.O. Box 20636, amends 14 CFR part 71 as follows: Administration, Docket No. 95–ANM– Atlanta, Georgia 30320; telephone (404) 23, 1601 Lind Avenue S.W., Renton, 305–5570. PART 71Ð[AMENDED] Washington, 98055–4056; telephone number: (206) 227–2535. SUPPLEMENTARY INFORMATION: 1. The authority citation for 14 CFR SUPPLEMENTARY INFORMATION: History part 71 continues to read as follows: On November 24, 1995, the FAA Authority: 49 U.S.C. 106(g); 40103, 40113, History proposed to amend part 71 of the 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– On October 24, 1995, the FAA Federal Aviation Regulations (14 CFR 1963 Comp., p. 389; 14 CFR 11.69. proposed to amend part 71 of the part 71) by establishing Class E airspace § 71.1 [Amended] Federal Aviation Regulations (14 CFR at Stuart, FL (60 FR 58020). This action part 71) to establish Class E airspace at 2. The incorporation by reference in will provide adequate Class E airspace Sandpoint, Idaho, to accommodate a 14 CFR 71.1 of Federal Aviation for IFR operations at Witham Field. new GPS SIAP to Dave Wall Field (60 Interested parties were invited to Administration Order 7400.9C, Airspace FR 54458). Interested parties were participate in this rulemaking Designations and Reporting Points, invited to participate in the rulemaking proceeding by submitting written dated August 17, 1995, and effective proceeding by submitting written comments on the proposal to the FAA. September 16, 1995, is amended as comments on the proposal. No No comments objecting to the proposal follows: comments were received. were received. Designations for Class E Paragraph 6005 Class E airspace areas The geographic coordinates for airspace extending upward from 700 extending upward from 700 feet above the Spokane Fairchild AFB, Washington feet or more above the surface are surface of the earth. and Dave Wall Field, Sandpoint, Idaho, published in Paragraph 6005 of FAA * * * * * as provided by the National Ocean Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2713

Service, and the National Flight Data ANM ID E5 Sandpoint, ID [New] geographic coordinates in a portion of Digest Number 237 dated December 11, Dave Wall Field, Sandpoint, ID the airspace description for the Class E 1995, respectively, are corrected herein. (lat. 48°17′55′′ N, long. 116°33′39′′ W) airspace area at Lovelock, NV, as The coordinates for this airspace docket Spokane Fairchild AFB, WA published in the Federal Register on ° ′ ′′ ° ′ ′′ are based on North American Datum 83. (lat. 47 36 54 N, long. 117 39 29 W) January 3, 1996 (61 FR 121), (Federal Class E airspace areas extending upward That airspace extending upward from 700 Register Document 96–58), are corrected from 700 feet or more above the surface feet above the surface within a 8-mile radius as follows: of the earth are published in paragraph of Dave Wall Field; that airspace extending upward from 1,200 feet above the surface § 71.1 [Corrected] 6005 of FAA Order 7400.9C dated bounded on the north by lat. 48°30′00′′ N, on August 17, 1995, and effective the east by the Idaho/Montana state AWP NV E5 Lovelock, NV [Corrected] September 16, 1995, which is boundary, on the south by the north edge of On page 122, column 2, the geographic incorporated by reference in 14 CFR V–120, and on the west by the 45.3-mile coordinates for the Class E airspace at 71.1. The Class E airspace listed in this radius of the Fairchild AFB and the east edge Lovelock, NV are corrected by removing document will be published of V112; excluding Federal airways. ‘‘(and that airspace bounded by a line subsequently in the Order. * * * * * beginning at lat. 40°23′00′′ N, long. Issued in Seattle, Washington, on January 118°29′00′′ W; to lat. 40°32′00′′ N, long. The Rule 9, 1996. 118°14′00′′ W; to lat. 40°22′00′′ N, long. ° ′ ′′ ° ′ ′′ This amendment to part 71 of Federal Richard E. Prang, 118 14 00 W; to lat. 40 18 00 N, long. 118°23′00′′ W, thence to the point of Aviation Regulations establishes Class E Acting Assistant Manager, Air Traffic beginning.).’’ airspace at Sandpoint, Idaho. The FAA Division, Northwest Mountain Region. Issued in Los Angeles, California, on has determined that this regulation only [FR Doc. 96–1441 Filed 1–26–96; 8:45 am] January 12, 1996. involves an established body of BILLING CODE 4910±13±M technical regulations for which frequent James H. Snow, and routine amendments are necessary Acting Manager, Air Traffic Division, to keep them operationally current. It, 14 CFR Part 71 Western-Pacific Region. [FR Doc. 96–1436 Filed 1–26–96; 8:45 am] therefore, (1) is not a ‘‘significant [Airspace Docket No. 95±AWP±32] regulatory action’’ under Executive BILLING CODE 4910±13±M Order 12866; (2) is not a ‘‘significant Amendment of Class E Airspace; rule’’ under DOT Regulatory Policies Lovelock, NV; Correction 14 CFR Part 71 and Procedures (44 FR 11034; February AGENCY: Federal Aviation 26, 1979); and (3) does not warrant [Airspace Docket No. 95±AWP±41] preparation of a regulatory evaluation as Administration (FAA), DOT. the anticipated impact is so minimal. ACTION: Final rule; correction. Establishment of Class E Airspace; North Las Vegas Air Terminal, NV Since this is a routine matter that will SUMMARY: This action corrects certain only affect air traffic procedures and air geographic coordinates that were AGENCY: Federal Aviation navigation, it is certified that this rule inadvertently inserted in the final rule Administration (FAA), DOT. will not have a significant economic that was published in the Federal ACTION: Final rule. impact on a substantial number of small Register on January 3, 1996, Airspace entities under the criteria of the Docket No. 95–AWP–32. The final rule SUMMARY: This action establishes a Class Regulatory Flexibility Act. amends Class E airspace at Lovelock, E airspace area at North Las Vegas Air List of Subjects in 14 CFR Part 71 NV. Terminal, Las Vegas, NV. The EFFECTIVE DATE: 0901 UTC February 29, Airspace, Incorporation by reference, development of a Global Positioning 1996. Navigation (air). System (GPS) Standard Instrument FOR FURTHER INFORMATION CONTACT: Approach Procedure (SIAP) to Runway Adoption of the Amendment Scott Speer, Airspace Specialist, System (RWY) 12 has made this action In consideration of the foregoing, the Management Branch, AWP–530, Air necessary. The intended effect of this FAA amends 14 CFR part 71 as follows: Traffic Division, Western-Pacific action is to provide adequate controlled Region, Federal Aviation airspace for Instrument Flight Rules PART 71Ð[AMENDED] Administration, 15000 Aviation (IFR) operations at North Las Vegas Air Boulevard, Lawndale, California 90261, Terminal, Las Vegas, NV. 1. The authority citation for 14 CFR telephone (310) 725–6533. EFFECTIVE DATE: part 71 continues to read as follows: 0901 UTC, April 25, SUPPLEMENTARY INFORMATION: 1996. Authority: 49 U.S.C. 106(g), 40103, 40113, FOR FURTHER INFORMATION CONTACT: 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– History 1963 Comp., p. 389; 14 CFR 11.69. Scott Speer, Airspace Specialist, System Federal Register Document 96–58, Management Branch, AWP–530, Air § 71.1 [Amended] Airspace Docket No. 95–AWP–32, Traffic Division, Western-Pacific 2. The incorporation by reference in published on January 3, 1996 (61 FR Region, Federal Aviation 14 CFR 71.1 of the Federal Aviation 121), revised the description of the Class Administration, 15000 Aviation Administration Order 7400.9C, Airspace E airspace area at Lovelock, NV. An Boulevard, Lawndale, California 90261, Designations and Reporting Points, error was made by duplicating the telephone (310) 725–6533. dated August 17, 1995, and effective geographic coordinates for a portion of September 16, 1995, is amended as the airspace description for the SUPPLEMENTARY INFORMATION: follows: Lovelock, NV, Class E airspace area. History This action corrects that error. Paragraph 6005 Class E airspace areas On December 6, 1995, the FAA extending upward from 700 feet or more Correction to Final Rule proposed to amend part 71 of the above the surface of the earth. Accordingly, pursuant to the Federal Aviation Regulations (14 CFR * * * * * authority delegated to me, the part 71) by establishing a Class E 2714 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations airspace area at North Las Vegas Air § 71.1 [Amended] airport. The SIAP has been canceled and Terminal, Las Vegas, NV (60 FR 62351). 2. The incorporation by reference in there are no other instrument The development of a GPS SIAP at 14 CFR 71.1 of the Federal Aviation procedures at that airport. North Las Vegas Air Terminal has made Administration Order 7400.9C, Airspace Interested parties were invited to this action necessary. Designations and Reporting Points, participate in this rulemaking Interested parties were invited to dated August 17, 1995, and effective proceeding by submitting written participate in this rulemaking September 16, 1995, is amended as comment on the proposal to the FAA. proceeding by submitting written follows: No comments objecting to the proposal comments on the proposal to the FAA. were received. Class E airspace No comments to the proposal were Paragraph 6005 Class E airspace areas designations for airspace areas received. Class E airspace designations extending upward from 700 feet or more extending upward from 700 feet or more above the surface of the earth. are published in paragraph 6005 of FAA above the surface of the earth are Order 7400.9C, dated August 17, 1995, * * * * * published in paragraph 6005 of FAA and effective September 16, 1995, which AWP NV E5 North Las Vegas Air Terminal, Order 7400.9C dated August 17, 1995, is incorporated by reference in 14 CFR NV. [New] and effective September 16, 1995, which 71.1. Class E airspace designations North Las Vegas Air Terminal, NV is incorporated by reference in 14 CFR listed in this document will be (lat. 36°12′42′′ N, long. 115°11′45′′) 71.1. The Class E airspace designation published subsequently in this Order. That airspace extending upward from 700 listed in this document will be The Rule feet above the surface within a 6.9-mile subsequently removed from the Order. radius of North Las Vegas Air Terminal. The Rule This amendment to part 71 of the * * * * * Federal Aviation Regulations (14 CFR Issued in Los Angeles, California, on This amendment to part 71 of the part 71) establishes a Class E airspace January 12, 1996. Federal Aviation Regulations (14 CFR area at North Las Vegas Air Terminal, James H. Snow, part 71) amends the Class E airspace at Las Vegas, NV. The development of a Acting Manager, Air Traffic Division, Farmington, PA by revoking the Class CPS SIAP at North Las Vegas Air Western-Pacific Region. E5 airspace associated with the former Terminal has made this action [FR Doc. 96–1443 Filed 1–26–96; 8:45 am] standard instrument approach necessary. The intended effect of this procedure at Nemacolin Airport. action is to provide adequate Class E BILLING CODE 4910±13±M The FAA has determined that this airspace for aircraft executing the GPS regulation only involves an established RWY 12 SIAP at North Las Vegas Air 14 CFR Part 71 body of technical regulations for which Terminal, Las Vegas, NV. frequent and routine amendments are The FAA has determined that this [Airspace Docket No. 95±AEA±02] necessary to keep them operationally regulation only involves an established current. It therefore—(1) is not a Revocation of Class E5 Airspace; body of technical regulations for which ‘‘significant regulatory action’’ under Farmington, PA frequent and routine amendments are Executive Order 12866; (2) is not a necessary to keep them operationally AGENCY: Federal Aviation ‘‘significant rule’’ under DOT current. Therefore, this regulation—(1) Administration (FAA), DOT. Regulatory Policies and Procedures (44 is not a ‘‘significant regulatory action’’ ACTION: Final rule. FR 11034; February 1979); and (3) does under Executive Order 12866; (2) is not not warrant preparation of a regulatory a ‘‘significant rule’’ under DOT SUMMARY: This final rule revokes Class evaluation as the anticipated impact is Regulatory Policies and Procedures (44 E5 airspace areas extending upward so minimal. Since this is a routine FR 10034; February 26, 1979); and (3) from 700 feet above the surface of the matter that will only affect air traffic does not warrant preparation of a earth at Farmington, PA. This airspace procedures and air navigation, it is Regulatory Evaluation as the anticipated was established for a Standard certified that this rule will not have a impact is so minimal. Since this is a Instrument Approach Procedure (SIAP), significant economic impact on a routine matter that will only affect air VOR RWY 23, serving Nemacolin substantial number of small entities traffic procedures and air navigation, it Airport. This SIAP has been canceled. under the criteria of the Regulatory is certified that this rule will not have EFFECTIVE DATE: 0901 UTC, February 29, Flexibility Act. a significant economic impact on a 1996. substantial number of small entities List of Subjects in 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: under the criteria of the Regulatory Airspace, Incorporation by reference, Flexibility Act. Mr. Francis T. Jordan, Jr., Airspace Navigation (air). Specialist, System Management Branch, List of Subjects in 14 CFR Part 71 AEA–530, FAA Eastern Region, Federal Adoption of the Amendment # Airspace, Incorporation by reference, Building 111, John F. Kennedy In consideration of the foregoing, the Navigation (air). International Airport, Jamaica, New Federal Aviation Administration York 11430; telephone: (718) 553–4521. Adoption of the Amendment amends 14 CFR part 71 as follows: SUPPLEMENTARY INFORMATION: In consideration of the foregoing, the PART 71Ð[AMENDED] Federal Aviation Administration History amends 14 CFR part 71 as follows: 1. The authority citation for part 71 On Monday, January 30, 1995, the continues to read as follows: FAA proposed to amend part 71 of the PART 71Ð[AMENDED] Authority: 49 U.S.C. 106(g), (40103, 40113, Federal Aviation Regulations (14 CFR 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1. The authority citation for 14 CFR part 71) by revoking the Class E5 1963 Comp., p. 389; 14 CFR 11.69. part 71 continues to read as follows: airspace at Farmington, PA. This Authority: 49 U.S.C. 106(g), 40103, 40113, airspace extended upward from 700 feet § 71.1 [Amended] 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– above the surface for a SIAP serving the 2. The incorporation by reference in 1963 Comp., p. 389; 14 CFR 11.69. Nemacolin Airport, a private use 14 CFR 71.1 of Federal Aviation Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2715

Administration Order 7400.9C, Airspace Class E airspace areas extending upward That airspace extending upward from 700 Designations and Reporting Points, from 700 feet or more above the surface feet above the surface within 8.3 miles dated August 17, 1995 and effective of the earth are published in paragraph northeast and 5.3 miles southwest of the St. George VOR/DME 131° and 311° radials September 16, 1995, is amended as 6005 of FAA Order 7400.9C dated extending from 6.1 miles northwest to 16.1 follows: August 17, 1995, and effective miles southeast, and within 4.3 miles each ° Paragraph 6005 Class E airspace areas September 16, 1995, which is side of the St. George VOR/DME 183 radial extending upward from 700 feet or more incorporated by reference in 14 CFR extending from the VOR/DME to 13.5 miles above the surface of the earth. 71.1 The Class E airspace listed in this south; that airspace extending upward from document will be published 1,200 feet above the surface within the 20.1- * * * * * mile radius of the St. George VOR/DME, subsequently in the Order. ° AEA PA E5 Farmington, PA [Removed] extending clockwise from the 058 radial to The Rule the 239° radial, and within 10.1 miles east * * * * * and 7.4 miles west of the St. George VOR/ Issued in Jamaica, New York, on January This amendment to part 71 of Federal DME 183° radial extending from the 20.1- 12, 1996. Aviation Regulations amends Class E mile radius to 32.7 miles south of the VOR/ John S. Walker, airspace at St. George, Utah. The FAA DME; and that airspace extending upward Manager, Air Traffic Division. has determined that this regulation only from 1,200 feet above the surface bounded by ° ′ ′′ [FR Doc. 96–1440 Filed 1–26–96; 8:45 am] involves an established body of a line beginning at lat. 37 57 00 N, long. technical regulations for which frequent 114°02′00′′W; to lat. 37°46′00′′ N, long. BILLING CODE 4910±13±M 113°23′00′′ W; to lat. 37°38′15′′ N, long. and routine amendments are necessary ° ′ ′′ ° ′ ′′ to keep them operationally current. It, 113 22 18 W; to lat. 37 38 42 N long. 113°16′48′′ W; to lat. 37°38′20′′ N, long. 14 CFR Part 71 therefore, (1) is not a ‘‘significant 113°12′40′′ W; to lat. 37°17′20′′ N, long. regulatory action’’ under Executive 113°20′00′′ W; to lat. 37°12′35′′ N, long. [Airspace Docket No. 95±ANM±21] Order 12866; (2) is not a ‘‘significant 113°30′20′′ W; to lat. 37°15′33′′ N, long. ° ′ ′′ ° ′ ′′ Amendment to Class E Airspace; St. rule’’ under DOT Regulatory Policies 113 34 27 W; to lat. 37 05 40 N, long. 113°45′00′′ W, thence to the point of George, UT and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant beginning. AGENCY: Federal Aviation preparation of a regulatory evaluation as * * * * * Administration (FAA), DOT. the anticipated impact is so minimal. Issued in Seattle, Washington, on January 5, 1996. ACTION: Final rule. Since this is a routine matter that will only affect air traffic procedures and air Richard E. Prang, SUMMARY: This action amends the St. navigation, it is certified that this rule Acting Assistant Manager, Air Traffic George, Utah, Class E airspace. This will not have a significant economic Division, Northwest Mountain Region. action is necessary to accommodate a impact on a substantial number of small [FR Doc. 96–1434 Filed 1–26–96; 8:45 am] Global Positioning System (GPS) entities under the criteria of the BILLING CODE 4910±13±M Standard Instrument Approach Regulatory Flexibility Act. Procedure (SIAP) to Runway 34 at St. George Municipal Airport, St. George, List of Subjects in 14 CFR Part 71 14 CFR Part 97 Airspace, Incorporation by reference, Utah. [Docket No. 28427; Amdt. No. 1704] EFFECTIVE DATE: 0901 UTC, February 29, Navigation (air). 1996. Adoption of the Amendment Standard Instrument Approach FOR FURTHER INFORMATION CONTACT: Procedures; Miscellaneous In consideration of the foregoing, the James C. Frala, System Management Amendments FAA amends 14 CFR part 71 as follows: Branch, ANM–535/A, Federal Aviation AGENCY: Federal Aviation Administration, Docket No. 95–ANM– PART 71Ð[AMENDED] Administration (FAA), DOT. 21, 1601 Lind Avenue S.W., Renton, ACTION: Washington 98055–4056; telephone 1. The authority citation for 14 CFR Final rule. part 71 continues to read as follows: number: (206) 227–2535. SUMMARY: This amendment establishes, Authority: 49 U.S.C. 106(g), 40103, 40113, SUPPLEMENTARY INFORMATION: amends, suspends, or revokes Standard 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Instrument Approach Procedures History 1963 Comp., p. 389; 14 CFR 11.69. (SIAPs) for operations at certain On October 24, 1995, the FAA § 71.1 [Amended] airports. These regulatory actions are proposed to amend part 71 of the 2. The incorporation by reference in needed because of changes occurring in Federal Aviation Regulations (14 CFR 14 CFR 71.1 of the Federal Aviation the National Airspace System, such as part 71) to amend Class E airspace at St. Administration Order 7400.9C, Airspace the commissioning of new navigational George, Utah, to accommodate a new Designations and Reporting Points, facilities, addition of new obstacles, or GPS SIAP to Runway 34 at St. George dated August 17, 1995, and effective changes in air traffic requirements. Municipal Airport (60 FR 54457). September 16, 1995, is amended as These changes are designed to provide Interested parties were invited to follows: safe and efficient use of the navigable participate in the rulemaking airspace and to promote safe flight proceeding by submitting written Paragraph 6005 Class E airspace areas operations under instrument flight rules comments on the proposal. No extending upward from 700 feet or more at the affected airports. above the surface of the earth. comments were received. DATES: An effective date for each SIAP This action is the same as the * * * * * * is specified in the amendatory proposal except for errors (corrected ANM UT E5 St. George, UT [Revised] provisions. herein) in geographical coordinates of St. George Municipal Airport, UT Incorporation by reference-approved the airspace description. The (lat. 37°05′29′′ N, long. 113°35′35′′ W) by the Director of the Federal Register coordinates for this airspace docket are St. George VOR/DME on December 31, 1980, and reapproved based on North American Datum 83. (lat. 37°05′17′′ N, long. 113°35′31′′ W) as of January 1, 1982. 2716 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

ADDRESSES: Availability of matter airmen do not use the regulatory text of Conclusion incorporated by reference in the the SIAPs, but refer to their graphic The FAA has determined that this amendment is as follows: depiction of charts printed by regulation only involves an established publishers or aeronautical materials. For Examination body of technical regulations for which Thus, the advantages of incorporation frequent and routine amendments are 1. FAA Rules Docket, FAA by reference are realized and necessary to keep them operationally Headquarters Building, 800 publication of the complete description current. It, therefore—(1) is not a Independence Avenue, SW., of each SIAP contained in FAA form ‘‘significant regulatory action’’ under Washington, DC 20591; documents is unnecessary. The Executive Order 12866; (2) is not a 2. The FAA Regional Office of the provisions of this amendment state the ‘‘significant rule’’ under DOT region in which affected airport is affected CFR (and FAR) sections, with Regulatory Policies and Procedures (44 located; or the types and effective dates of the FR 11034; February 26, 1979); and (3) 3. The Flight Inspection Area Office SIAPs. This amendment also identifies does not warrant preparation of a which originated the SIAP. the airport, its location, the procedure regulatory evaluation as the anticipated identification and the amendment For Purchase impact is so minimal. For the same number. Individual SIAP copies may be reason, the FAA certifies that this obtained from: The Rule amendment will not have a significant 1. FAA Public Inquiry Center (APA– economic impact on a substantial 200), FAA Headquarters Building, 800 This amendment to part 97 of the number of small entities under the Independence Avenue, SW., Federal Aviation Regulations (14 CFR criteria of the Regulatory Flexibility Act. Washington, DC 20591; or part 97) establishes, amends, suspends, 2. The FAA Regional Office of the or revokes SIAPs. For safety and List of Subjects in 14 CFR Part 97 region in which the affected airport is timeliness of change considerations, this Air Traffic Control, Airports, located. amendment incorporates only specific Navigation (Air). changes contained in the content of the By Subscription following FDC/P NOTAM for each Issued in Washington, DC on December 29, 1995. Copies of all SIAPs, mailed once SIAP. The SIAP information in some every 2 weeks, are for sale by the previously designated FDC/Temporary Thomas C. Accardi, Superintendent of Documents, U.S. (FDC/T) NOTAMs is of such duration as Director, Flight Standards Service. Government Printing Office, to be permanent. With conversion to Adoption of the Amendment Washington, DC 20402. FDC/P NOTAMs, the respective FDC/T Accordingly, pursuant to the FOR FURTHER INFORMATION CONTACT: Paul NOTAMs have been cancelled. J. Best, Flight Procedures Standards The FDC/P NOTAMs for the SIAPs authority delegated to me, part 97 of the Branch (AFS–420), Technical Programs contained in this amendment are based Federal Aviation Regulations (14 CFR Division, Flight Standards Service, on the criteria contained in the U.S. part 97) is amended by establishing, Federal Aviation Administration, 800 Standard for Terminal Instrument amending, suspending, or revoking Independence Avenue, SW., Approach Procedures (TERPS). In Standard Instrument Approach Washington, DC 20591; telephone (202) developing these chart changes to SIAPs Procedures, effective at 0901 UTC on 267–8277. by FDC/P NOTAMs, the TERPS criteria the dates specified, as follows: SUPPLEMENTARY INFORMATION: This were applied to only these specific PART 97ÐSTANDARD INSTRUMENT amendment to part 97 of the Federal conditions existing at the affected APPROACH PROCEDURES Aviation Regulations (14 CFR part 97) airports. All SIAP amendments in this establishes, amends, suspends, or rule have been previously issued by the 1. The authority citation for part 97 revokes Standard Instrument Approach FAA in a National Flight Data Center continues to read as follows: (FDC) Notice to Airmen (NOTAM) as an Procedures (SIAPs). The complete Authority: 49 U.S.C. 106(g), 40103, 40113, regulatory description on each SIAP is emergency action of immediate flight 40120, 44701; and 14 CFR 11.49(b)(2). contained in the appropriate FAA Form safety relating directly to published 8260 and the National Flight Data aeronautical charts. The circumstances 2. Part 97 is amended to read as Center (FDC)/Permanent (P) Notices to which created the need for all these follows: SIAP amendments requires making Airmen (NOTAM) which are §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, incorporated by reference in the them effective in less than 30 days. 97.35 [Amended] Further, the SIAPs contained in this amendment under 5 U.S.C. 552(a), 1 By amending: § 97.23 VOR, VOR/ amendment are based on the criteria CFR part 51, and § 97.20 of the Federal DME, VOR or TACAN, and VOR/DME contained in the TERPS. Because of the Aviations Regulations (FAR). Materials or TACAN; § 97.25 LOC, LOC/DME, close and immediate relationship incorporated by reference are available LDA, LDA/DME, SDF, SDF/DME; between these SIAPs and safety in air for examination or purchase as stated § 97.27 NDB, NDB/DME; § 97.29 ILS, commerce, I find that notice and public above. ILS/DME, ISMLS, MLS, MLS/DME, The large number of SIAPs, their procedure before adopting these SIAPs MLS/RNAV; § 97.31 RADAR SIAPs; complex nature, and the need for a are impracticable and contrary to the § 97.33 RNAV SIAPs; and § 97.35 special format make their verbatim public interest and, where applicable, COPTER SIAPs, identified as follows: publication in the Federal Register that good cause exists for making these expensive and impractical. Further, SIAPs effective in less than 30 days. * * * Effective Upon Publication Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2717

FDC date State City Airport FDC No. SIAP

12/13/95 ...... TN Memphis ...... Memphis Intl ...... FDC 5/6679 ILS RWY 18L, AMDT 7B... 12/13/95 ...... TN Memphis ...... Memphis Intl ...... FDC 5/6680 ILS RWY 36R CAT/III/, AMDT 10... 12/13/95 ...... TN Memphis ...... Memphis Intl ...... FDC 5/6681 ILS RWY 36R AMDT 10... 12/13/95 ...... TN Memphis ...... Memphis Intl ...... FDC 5/6682 ILS RWY 36R/CAT II/, AMDT 10... 12/13/95 ...... TN Memphis ...... Memphis Intl ...... FDC 5/6683 NDB RWY 36R, AMDT 7... 12/13/95 ...... TN Memphis ...... Memphis Intl ...... FDC 5/6684 RADAR±1, AMDT 37... 12/13/95 ...... TN Memphis ...... Memphis Intl ...... FDC 5/6685 DEP PROCS/TKOF MNMS AMDT 12... 12/14/95 ...... SC Summerville ...... Summerville/Dorchester County ...... FDC 5/6705 NDB or GPS RWY 5, ORIG±A... 12/15/95 ...... IA Des Moines ...... Des Moines Intl ...... FDC 5/6715 ILS RWY 13L, AMDT 6... 12/15/95 ...... OH Wadsworth ...... Wadsworth Muni ...... FDC 5/6726 NDB or GPS RWY 2, AMDT 5... 12/18/95 ...... OH Wadsworth ...... Wadsworth Muni ...... FDC 5/6746 VOR/DME±A AMDT 1... 12/20/95 ...... KY Louisville ...... Louisville Intl-Standiford Field ...... FDC 5/6805 ILS RWY 35, ORIG... 12/20/95 ...... MO Kansas City ...... Kansas City Intl ...... FDC 5/6785 ILS RWY 19L, ORIG±A... 12/21/95 ...... MA Worcester ...... Worcester Muni ...... FDC 5/6835 VOR/DME RWY 33, ORIG...

[FR Doc. 96–1433 Filed 1–26–96; 8:45 am] the Commission as described in the thereunder, * * * no offer or sale of any BILLING CODE 4910±13±M Initial Order. Tokyo Grain Exchange option product in the United States shall be made until thirty days EFFECTIVE DATE: February 28, 1996. after publication in the Federal Register of FOR FURTHER INFORMATION CONTACT: Jane notice specifying the particular option(s) to COMMODITY FUTURES TRADING C. Kang, Esq. or Robert Rosenfeld, Esq., be offered or sold pursuant to this Order. COMMISSION Division of Trading and Markets, Commodity Futures Trading On October 1, 1993, the membership 17 CFR Part 30 Commission, Three Lafayette Centre, of the TSE merged with the TGE with 1155 21st Street, NW., Washington, DC the TGE as the surviving entity. The Foreign Option Transactions 20581. Telephone: (202) 418–5435. merger was approved by the MAFF, the AGENCY: Commodity Futures Trading SUPPLEMENTARY INFORMATION: The government regulator with oversight Commission. Commission has issued the following responsibility for both exchanges. ACTION: Order. Order: The Exchange has represented, among other things, that the basis upon which SUMMARY: The Commodity Futures United States of America Before The the Commission issued the Initial Order Trading Commission (Commission) is: Commodity Futures Trading as well as the terms and conditions set confirming that the Part 30 Order issued Commission forth therein continue in effect with on February 17, 1993 (the ‘‘Initial Order Pursuant to Commission Rules respect to TGE subsequent to the merger Order’’) to the Tokyo Grain Exchange 30.3 and 30.10 Confirming that the with TSE.3 In particular, the Exchange (TGE) continues in effect subsequent to Initial Order to the TGE Continues in has represented that: 4 the merger on October 1, 1993 of the Effect Subsequent to the Merger of TGE TGE with the Tokyo Sugar Exchange (1) the recognition and continued oversight and TSE and Permitting Option by MAFF of TGE remain unaffected by the (TSE) with the TGE as the surviving Contracts on the Raw Sugar Futures merger; entity; and allowing the option contract Contract Traded on the TGE To Be (2) the TSE futures and options which are on the raw sugar futures contract traded Offered or Sold to Persons Located in now traded on the TGE Sugar Market are on TGE to be offered or sold to persons the United States Thirty Days After designated and traded according to the located in the United States. Publication of This Notice in the Federal requirements of the Japanese Commodity This Order is issued pursuant to Register Absent Further Notice Exchange Law (‘‘CEL’’), which the Commission rules 30.3 and 30.10, 17 Commission considered in issuing the Initial 1 CFR 30.3 and 30.10 (1995), which: In the Initial Order, the Commission Order to the TGE; and granted an exemption to designated exempted certain designated members members of the Exchange from the of the TGE from the application of 3 In this connection, the Initial Order was issued, application of certain of the certain of the foreign futures and option in part, based on the Exchange’s commitment to Commission’s foreign futures and rules based on substituted compliance phase in physical segregation requirements for with comparable Japanese regulatory customer property. Specifically, a special option rules based on substituted enforcement order issued by MAFF on December compliance with comparable Japanese and self-regulatory requirements and 14, 1990 required that one quarter of all customer regulatory and self-regulatory allowed option contracts on U.S. property held by an FCM be physically segregated requirements; and authorized options soybean futures contracts traded on the in accordance with Article 92–2 of the CEL, with an additional quarter to be segregated on April 1 of on U.S. soybean futures contracts traded TGE to be offered or sold in the United 2 each subsequent year until April 1, 1996, when on the TGE to be offered or sold in the States. Among other conditions, the 100% of all customer property will be required to United States, 58 FR 10953 (Feb. 23, Initial Order specified that: be segregated. Therefore, 75% of customer property 1993). By this Order, the Commission Except as otherwise permitted under the is currently subject to physical segregation at the TGE. Under the CEL, the segregation protection is also acknowledges the substitution of Commodity Exchange Act and regulations supplemented by the Guarantee Money Fund, the the merged TGE as the party to several Commodity Transaction Responsible Reserve Fund, ongoing information sharing and 1 See 58 FR 10953 (February 23, 1993). Membership Trust Money and the Compensation financial intermediary recognition 2 Commission rule 30.3(a), 17 CFR 30.3(a), makes Fund. it unlawful for any person to engage in the offer or 4 See letter dated June 14, 1995 from Seiji Mori, arrangements entered into with the sale of a foreign option product until the TGE, to Andrea M. Corcoran, Commission and former TGE, the Ministry of Agriculture, Commission, by order, authorizes such foreign letters dated July 11 and July 28, 1995 from Itsuji Forestry and Fisheries (‘‘MAFF’’) and option to be offered or sold in the United States. Yanagisawa, TGE, to Jane C. Kang, Commission. 2718 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

(3) no significant rule changes have been Order to the newly merged entity, TGE, month of the underlying futures implemented at TGE as a result of the merger: and allowing the option contract based contract. the only modifications made to date have on the raw sugar futures contract traded Expiration Date—3:45 p.m. of the last been those necessary to bring futures and on the TGE to be offered or sold to options contracts traded at TSE within the trading day TGE regulatory structure. persons located in the United States Automatic Exercise—None thirty days after publication of this In particular, the TGE has Exercise Style—American style. The Order in the Federal Register, unless option holder shall give an exercise summarized relevant changes resulting prior to that date the Commission from the merger as follows: notice to the FCMs by 3:30 p.m. of receives any comments which may any business day up to the last trading (1) Membership. Although many TSE result in a determination to delay the day. FCMs and regular members shall members were also TGE members, TSE had effective date of the Order pending give an exercise notice to the FCMs an additional category of membership— review of such comments. Under such from 3:00 p.m. to 3:45 p.m. of any associate members who are permitted to circumstances the Commission will trade only for their own accounts and must business day up to the last trading execute their trades through a futures provide notice. day. The Exchange shall commission merchant (‘‘FCM’’) member of Contract Specifications Options on Raw proportionally assign an exercised the TGE. Therefore, TGE rules were amended Sugar Futures (March 1996 Contract) position to the option writer. to add associate members to the existing Customer Margin—The writer shall Year Contract Began Trading—May regular member and FCM categories. deposit 50,000 yen (the half amount 1992 (2) Creation of Two Markets. The of the initial margin of the underlying integrated, centrally located TGE marketplace Trading Hours now consists of a TGE Agricultural Market, Morning: Opening Session, 9:10 a.m.– futures contract) plus the option trading commodities previously associated 9:30 a.m.; Continuous Session 9:30 premium per one contract to FCMs. with TGE and a TGE Sugar Market, trading a.m.–11:30 a.m. Commission Fee commodities previously associated with TSE. Afternoon: Opening Session, 1:00 New Order, 3,000 yen or less per one (3) Staff. Staff of the two exchanges merged p.m.–1:15 p.m.; Continuous contract to form staff of the TGE to ensure there is no Session, 1:15 p.m.–3:00 p.m.; Resale/Repurchase (for liquidation), diminution in oversight or staff expertise. 2,000 yen or less per one contract. The 38 staff members who are responsible for Closing Session, 3:00 p.m.–3:15 market surveillance comprise one-third of the p.m. Note: The first trading day of March 1996 total Exchange staff. Contract Unit—One TGE Raw sugar contract started from January 4, 1995. futures contract By letter dated June 14, 1995, TGE Delivery Months—January, March, May, List of Subjects in 17 CFR Part 30 requested that the Commission confirm July, September and November within that the Initial Order continues in effect Commodity futures, Commodity a 15 month period options, Foreign transactions. relative to the merged entity which Price Quotation—Yen per 1,000 came into existence on October 1, 1993 kilogram Accordingly, 17 CFR Part 30 is and supplement the Initial Order Minimum Price Fluctuation—10 yen per amended as set forth below: authorizing the offer and sale in the 1,000 kilogram (500 yen per contract) PART 30ÐFOREIGN FUTURES AND United States of options on the U.S. Maximum Daily Price Fluctuation— FOREIGN OPTION TRANSACTIONS soybean futures contract by also 1,000 yen per 1,000 kilogram with authorizing the TGE’s option contract variable limits effective under certain 1. The authority citation for Part 30 on the raw sugar futures contract to be conditions. continues to read as follows: offered or sold to persons located in the Strike Price Increment—1,000 yen per United States. 5 1,000 kilogram intervals with one Authority: Secs. 2(a)(1)(A), 4, 4c, and 8a of Based upon the foregoing, and subject the Commodity Exchange Act, 7 U.S.C. 2, 6, strike price at-the-money and 6c and 12a. to the terms and conditions specified in minimum of three exercise prices the Initial Order, the Commission above and three below. 2. Appendix B to Part 30 is amended hereby publishes this Order in the Speculative Position Limits—None by adding the following entry after the Federal Register confirming the Last Trading Day—The last business existing entries for the ‘‘Tokyo Grain continued applicability of the Initial day 3 months prior to the delivery Exchange’’ to read as follows:

APPENDIX B.ÐOPTION CONTRACTS PERMITTED TO BE OFFERED OR SOLD IN THE U.S. PURSUANT TO § 30.3(A)

FR date and Exchange Type of contract citation

******* Tokyo Grain Exchange ...... Option Contract on the Raw Sugar Futures Contract ...... 1996; llFRll

*******

5 The TGE’s application had submitted terms for October 31, 1995. Accordingly, this Order 1995 as described below in the ‘‘Contract two option contracts on raw sugar futures contracts. authorizes the one option contract on the raw sugar Specifications’’. The last trading day for one of those contracts was futures contract which started trading on January 1, Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2719

Issued in Washington, D.C. on January 22, year pilot program that expanded the several exchanges began to file their 1996. trading of options on futures contracts disciplinary action data electronically Jean A. Webb, to domestic agricultural commodities. into the NFA Clearinghouse database Secretary to the Commission. 49 FR 2752. Overall, the Commission through what the NFA refers to as the [FR Doc. 96–1511 Filed 1–26–96; 8:45 am] found that each pilot program had been exchange disciplinary action portion for 1 BILLING CODE 6351±01±P a success. the NFA Clearinghouse. The NFA Part 33 of the Commission’s Clearinghouse, which the exchanges regulations governs domestic exchange- have entered into voluntarily, permits 17 CFR Part 33 traded commodity option transactions. the Commission and the exchanges to Regulation 33.4, in conjunction with the enter and review disciplinary action Deletion of Option Regulation requirements of Section 5 of the data, including disciplinary actions Requiring That Futures Commission Commodity Exchange Act (‘‘Act’’), sets taken against an FCM or any of its Merchants Give Notification of forth the requirements which a board of associated persons by the Commission Disciplinary Actions to Their trade must meet in order to be or by another SRO, via computer Designated Self-Regulatory designated as a contract market for the terminals at their respective locations.4 Organizations; Regulation 33.4(b)(6) trading of option contracts. Part 33, II. Proposed Rule including Regulation 33.4, was adopted AGENCY: Commodity Futures Trading concurrently with the initial On January 19, 1993, the Commission. implementation of the first pilot Commission’s proposal to delete ACTION: Final rule. program in 1981. Under Regulation Regulation 33.4(b)(6) was published in 33.4(b)(6), a board of trade must adopt the Federal Register (58 FR 4948). This SUMMARY: The Commodity Futures rules that require each member FCM proposal was made in response to the Trading Commission (‘‘Commission’’) is which engages in the offer or sale of Part CBT’s September 11, 1992 petition for amending 17 CFR Part 33 to delete 33 option contracts to give notice to the deletion of Regulation 33.4(b)(6). The Regulation 33.4(b)(6), under which a FCM’s DSRO of any disciplinary action Commission stated that the NFA board of trade must adopt rules that taken against the FCM or any of its Clearinghouse appeared to satisfy the require each member futures associated persons by the Commission objective of Regulation 33.4(b)(6) by commission merchant (‘‘FCM’’) that or by another SRO. providing a repository for, among other engages in the offer or sale of Part 33 By letter dated September 11, 1992, things, exchange disciplinary actions. In option contracts to give notice to the the Chicago Board of Trade (‘‘CBT’’) making the proposal to delete FCM’s designated self-regulatory petitioned the Commission for deletion Regulation 33.4(b)(6), the Commission organization (‘‘DSRO’’) of any of Regulation 33.4(b)(6). In support of its stated that before it approved final disciplinary action taken against the petition, the CBT explained that, along deletion of the regulation, it intended to FCM or any of its associated persons by with other futures exchanges, it has examine exchange and NFA refinements the Commission or by another self- joined the National Futures Association to the operation of the NFA regulatory organization (‘‘SRO’’). The (‘‘NFA’’) in implementing a centralized Clearinghouse to determine whether the purpose of this deletion is to eliminate repository for the entry of information system would serve the purpose of unnecessary recordkeeping on exchange disciplinary actions the Regulation 33.4(b)(6). requirements affecting FCMs. 2 (‘‘NFA Clearinghouse’’). The CBT III. Comments Received EFFECTIVE DATE: February 28, 1996. stated that it believes that because the FOR FURTHER INFORMATION CONTACT: NFA Clearinghouse includes data on The Commission received one Kimberly A. Browning, Attorney, Commission, NFA and exchange comment letter, from the NFA, that Commodity Futures Trading disciplinary actions, the reporting supported the proposed deletion of Commission, Division of Trading and requirements imposed on FCMs by Regulation 33.4(b)(6). The NFA Markets, Three Lafayette Centre, 1155 Regulation 33.4(b)(6) are now commented that it believes that 21 Street NW., Washington, DC 20581. duplicative and should be abolished.3 Regulation 33.4(b)(6) places an Telephone (202) 418–5490. The NFA Clearinghouse went into unnecessary regulatory burden upon effect in late January 1991. At that time, FCMs because the Commission, SUPPLEMENTARY INFORMATION: members of the public, and any DSRO I. Background 1 By February 9, 1987, the Commission had made may already obtain disciplinary the programs permanent. Option trading on non- information, without an FCM’s specific Regulation 33.4(b)(6) is part of a group agricultural futures was made permanent effective disclosure, by accessing the NFA of regulations that date from the August 1, 1986. 51 FR 17464 (May 13, 1986); 51 FR Clearinghouse. Commission’s three-year pilot program, 27529 (August 1, 1986). Option trading on agricultural futures and options on non-agricultural IV. Final Rule instituted by the Commission on physicals were made permanent effective February November 3, 1981, for the trading on 9, 1987. 52 FR 777 (January 9, 1987). Commission staff has been monitoring domestic exchanges of options on non- 2 For background on the NFA Clearinghouse, see each exchange’s use of the NFA agricultural futures contracts. The generally 58 FR 4949 (January 19, 1993). Clearinghouse. Since August 1991, the 3 It should be noted that on September 4, 1992, establishment of the pilot program was the Commission proposed the deletion of two other majority of the exchanges have been the culmination of a long history of provisions in Regulation 33.4: Regulation Commission efforts to provide for the 33.4(b)(4)(iii) and Regulation 33.4(b)(8). 57 FR 4 Currently, the exchanges are required to submit trading of commodity options in a 40626. On December 14, 1992, the deletion of these hardcopy notices of disciplinary actions to the two regulations became final. See 57 FR 58976. Commission pursuant to Regulation 9.11. regulated environment. Subsequently, Under these regulations, boards of trade designated Ultimately, however, it is anticipated that data will the Commission adopted a pilot as contract markets for options were required to be entered into the NFA Clearinghouse in lieu of program that expanded the trading of adopt rules requiring member FCMs that engaged in filing hardcopy notices. Until the Commission options to non-agricultural physical the offer or sale of commodity options regulated permits such data entry directly into the NFA under Part 33 to send copies of customer Clearinghouse, in lieu of such filings, exchanges commodities. 47 FR 65996 (December complaints, the record of the final disposition must continue to file hardcopy notices with the 22, 1982). On January 23, 1984, the thereof, and copies of all promotional material to Commission within the 30-day requirement of Commission adopted a separate three- the member’s DSRO. Regulation 9.11. 2720 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations electronically filing their respective In addition, on March 15, 1995, the burden, the group of rules of which this disciplinary actions into the NFA Commission advised the JCC that the is a part has the following burden: Clearinghouse in an accurate and timely Clearinghouse must include exchange Average burden hours per response...... 50.32. manner, including disciplinary actions membership denial actions and Number of respondents ...... 190,19.7. taken against an FCM or any of its requested that the exchange enter into Frequency of response ...... on occasion. associated persons by the Commission the Clearinghouse all membership Copies of the OMB approved or by another SRO, thus satisfying the denial actions from January 1990 to the information collection package purpose of Regulation 33.4(b)(6). present to bring the Clearinghouse up- associated with this rule may be Typically, exchanges enter directly or to-date. Currently, the exchanges are obtained from the Office of Management with the assistance of NFA, disciplinary entering such data into the and Budget, Room 3220, NEOB action data into the NFA Clearinghouse Clearinghouse. Washington, DC, (202) 395–7340. in an accurate and timely manner.5 The disciplinary action data that the V. Conclusion List of Subjects in 17 CFR Part 33 exchanges have agreed to enter into the The Commission believes that, Regulation of domestic exchange- NFA Clearinghouse by the NFA and that consistent with the other deletions traded commodity option transactions. are being entered include: (1) The made of Regulation 33.4(b)(4)(iii) and In consideration of the foregoing and respondent’s name; (2) the rule number Regulation 33.4(b)(8), the requirements pursuant to the authority contained in violated and a description of the rule; set forth in Regulation 33.4(b)(6) also (3) which of the ten uniform categories the Act and, in particular, section 4(b) should be deleted. The Commission also of the Act, the Commission proposes to of rule violations adopted by the Joint believes that the NFA Clearinghouse Compliance Committee (‘‘JCC’’),6 amend Part 33 of Title 17 of the Code satisfies the objective of Regulation of Federal Regulations as follows: applies to the disciplinary action; 7 (4) 33.4(b)(6) by providing an adequate the date of the violation; (5) the effective repository for, among other things, PART 33ÐREGULATION OF date of the disciplinary action; (6) the exchange disciplinary actions. The DOMESTIC EXCHANGE-TRADED sanction or penalty imposed on the Commission no longer believes that it is COMMODITY OPTION TRANSACTIONS named respondent; (7) the name of the necessary for FCMs that engage in the exchange committee that imposed the offer or sale of Part 33 option contracts 1. The authority citation for Part 33 sanction; and (8) whether the offense to give notice to the FCM’s DSRO of any continues to read as follows: cited is one that renders the named disciplinary action taken against the Authority: 7 U.S.C. 2, 2a, 4, 6, 6a, 6b, 6e, respondent ineligible from serving on an FCM or any of its associated persons by 6f, 6g, 6i, 6j, 6k, 6l, 6m, 6n, 6o, 7, 7a, 7b, 8, exchange disciplinary committee, the Commission or by another SRO. 9, 11, 12a, 13a–1, 13b, 19, and 21, unless otherwise noted. oversight panel, arbitration panel or Accordingly, the Commission amends governing board under the requirements 17 CFR Part 33 by deleting Regulation § 33.4 [Amended] of Commission Regulation 1.63.8 33.4(b)(6). 2. Section 33.4(b)(6) is removed.

5 The Commission’s deletion of the reporting VI. Related Matters Issued in Washington, DC, January 23, requirement is based, in part, on the existence of 1996 by the Commodity Futures Trading the NFA Clearinghouse which provides an adequate A. Regulatory Flexibility Act Commission. substitute mechanism by which SROs may obtain Jean A. Webb, disciplinary information. Should there be any The Regulatory Flexibility Act (RFA) material changes in the operation of the NFA 5 U.S.C. 601 et seq., requires that Secretary of the Commission. Clearinghouse, the Commission would necessarily agencies, in proposing rules, consider [FR Doc. 96–1509 Filed 1–26–96; 8:45 am] evaluate the need for any supplementary reporting the impact of those rules on small BILLING CODE 6351±01±M requirements. businesses. The Commission previously 6 The JCC was formed in May 1989 and consists of senior compliance officials from each exchange has established that contract markets and the NFA. Commission staff is present at each and FCMs are not ‘‘small entities’’ for ENVIRONMENTAL PROTECTION meeting as observers. The JCC was established to purposes of the RFA. 47 FR 18618– aid the development of improved compliance AGENCY systems through joint exchange efforts and 18621 (April 30, 1982). This deletion to information sharing among the self-regulators. In Part 33 will permit contract markets to 40 CFR Part 70 addition, the JCC has undertaken efforts to enhance delete rules affecting FCMs and thereby exchange compliance with Commission regulations relieve them of that requirement. [SD±001; FRL±5406±1] by developing uniform standards and definitions where appropriate. B. Paperwork Reduction Act Clean Air Act Final Full Approval of 7 The ten uniform categories of rule violations Operating Permits Program; State of adopted by the JCC include: trade practice, sales The Paperwork Reduction Act of 1980 South Dakota practice, speculative position limits, financial, (‘‘PRA’’) 44 U.S.C. 3501 et seq., imposes financial and position reporting, floor certain requirements on federal agencies AGENCY: Environmental Protection recordkeeping, office recordkeeping, registration, decorum and attire, and general conduct. (including the Commission) in Agency (EPA). 8 Commission Regulation 1.63 prohibits an connection with their conducting or ACTION: Final full approval. individual from serving on exchange disciplinary sponsoring any collection of committees, oversight panels, arbitration panels or information as defined by the PRA. In SUMMARY: The EPA is promulgating final governing boards who, among other things, was full approval of the Operating Permits found within the prior three years by a final compliance with the PRA, the decision of a SRO, an administrative law judge, a Commission previously submitted this Program submitted by the State of South court of competent jurisdiction or the Commission rule in proposed form and its associated Dakota for the purpose of complying to have committed a disciplinary offense or who information collection requirements to with Federal requirements for an currently is subject to an agreement with the approvable State Program to issue Commission or any SRO not to apply for the Office of Management and Budget registration with the Commission or membership in (‘‘OMB’’). The OMB approved the operating permits to all major stationary any SRO. For a complete listing of the conditions collection of information associated sources, and to certain other sources. under Commission Regulation 1.63 that prohibit an with this rule on October 2, 1991 and EFFECTIVE DATE: February 28, 1996. individual from serving on such exchange committees, panels, or boards, see 55 FR 7884 assigned OMB control number 3038– ADDRESSES: Copies of the State’s (March 6, 1990). 0007 to the rule. While this rule has no submittal and other supporting Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2721 information used in developing the final due to the following issue identified B. Response to Comments full approval are available for inspection during EPA’s PROGRAM review: The during normal business hours at the State’s criminal enforcement statute The comment received on the following location: U.S. Environmental only allowed for a maximum penalty of September 21, 1995 Federal Register Protection Agency, Region 8, 999 18th $1,000 for failure to obtain a permit and notice proposing full approval of the Street, suite 500, Denver, Colorado $500 for violation of a permit condition. South Dakota PROGRAM, and EPA’s 80202. The State was required to adopt response to that comment, is as follows: FOR FURTHER INFORMATION CONTACT: legislation consistent with § 70.11, prior Comment: The commenter noted that Patricia Reisbeck, 8ART–AP, U.S. to receiving full PROGRAM approval, to EPA had indicated in its proposal that Environmental Protection Agency, allow for a maximum criminal fine of approval of South Dakota’s PROGRAM Region 8, 999 18th Street, suite 500, not less than $10,000 per day per would not extend to any lands within Denver, Colorado 80202, (303) 312– violation for knowing violation of Indian Country. The commenter, 6441. operating permit requirements, apparently referring to South Dakota’s including making a false statement and submission to EPA asserting jurisdiction SUPPLEMENTARY INFORMATION: tampering with a monitoring device. In to enforce a part 70 PROGRAM within I. Background and Purpose a letter dated April 21, 1995, the State Indian reservations, expressed submitted evidence that this corrective ‘‘opposition to South Dakota’s proposal, A. Introduction action had been completed, which EPA insofar as it claims authority over lands Title V of the 1990 Clean Air Act has reviewed and has determined to be within the boundaries of the Standing Amendments (sections 501–507 of the adequate to allow for full PROGRAM Rock Sioux Reservation.’’ The Clean Air Act (‘‘the Act’’)), and approval. This corrective action commenter asserted that South Dakota’s implementing regulations at 40 Code of included the adoption of Senate Bill 36 jurisdictional arguments ignore the Federal Regulations (CFR) part 70 (part by the South Dakota Legislature which express language of the Act and the 70) require that States develop and contains the necessary language to allow territorial component of Tribal submit operating permits programs to for criminal penalties consistent with sovereignty. The commenter cited EPA by November 15, 1993, and that § 70.11. various Supreme Court cases and EPA act to approve or disapprove each Requirements for approval, specified provisions of the Act. The commenter program within one year after receiving in 40 CFR 70.4(b), encompass section urged EPA to reject South Dakota’s the submittal. The EPA’s program 112(l)(5) requirements for approval of a effort to assert jurisdiction on Indian review occurs pursuant to section 502 of program for delegation of the provisions reservation lands. the Act and the part 70 regulations, of 40 CFR part 63, Subpart A, and EPA Response: The commenter section 112 standards promulgated by which together outline criteria for correctly noted that EPA’s proposal to EPA. Section 112(l)(5) requires that the approval or disapproval. Where a fully approve the State’s part 70 State’s program contain adequate program substantially, but not fully, PROGRAM does not extend to ‘‘Indian authorities, adequate resources for meets the requirements of part 70, EPA Country,’’ as defined in 18 U.S.C. 1151. implementation, and an expeditious may grant the program interim approval EPA does not believe the commenter compliance schedule, which are also for a period of up to two years. If EPA was making an adverse comment on this requirements under part 70. EPA has not fully approved a program by two aspect of EPA’s proposed action, and granted approval of the State’s years after the November 15, 1993 date, this final action makes no changes to PROGRAM, under section 112(l)(5) and or by the end of an interim program, it this aspect of the proposal. As noted in 40 CFR 63.91, for receiving delegation of must establish and implement a Federal the proposal and in this action, the State program. section 112 standards that are unchanged from the Federal standards has asserted it has jurisdiction to On September 21, 1995, EPA enforce a PROGRAM within Indian published a Federal Register notice as promulgated for part 70 sources in the Federal Register document reservations and has provided an proposing full approval of the Operating analysis of such jurisdiction. However, Permits Program (PROGRAM) for the promulgating final interim approval of the South Dakota PROGRAM. See 60 FR EPA is not acting on the State’s analysis State of South Dakota. See 60 FR 48942. in this action. Thus, EPA does not EPA received one public comment on 15066. Based on a State request, EPA is granting the expansion of this approval believe the commenter’s objections to the proposal, which is addressed below, the State’s jurisdictional assertions are and is taking final action to promulgate to include non-part 70 sources. EPA believes this is warranted because State directly pertinent to this action and will full approval of the South Dakota not respond to them here. The PROGRAM. law does not differentiate between part 70 and non-part 70 sources for purposes commenter may wish to re-submit such II. Final Action and Implications of implementation and enforcement of comments at the time EPA proposes section 112 standards that the State action on the State’s jurisdictional A. Analysis of State Submission adopts. This approval does not delegate analysis. The Governor of South Dakota’s authority to the State to enforce specific C. Final Action designee, Robert E. Roberts, Secretary of section 112 standards, but instead the Department of Environment and establishes a basis for the State to The EPA is promulgating full Natural Resources, submitted the State request and receive future delegation of approval of the Operating Permits of South Dakota Title V Operating authority to implement and enforce, for Program submitted by the State of South Permit Program (PROGRAM) to EPA on non-part 70 sources, section 112 Dakota on November 12, 1993. Among November 12, 1993. On March 22, 1995, standards that the State adopts without other things, South Dakota has EPA published a Federal Register change. demonstrated that the PROGRAM will document promulgating final interim The scope of the PROGRAM and all be adequate to meet the minimum approval of the South Dakota of the clarifications made in the Federal elements of a State operating permits PROGRAM. See 60 FR 15066. Full Register document proposing interim program as specified in 40 CFR part 70. approval of the South Dakota approval of the South Dakota EPA is also approving the expansion of PROGRAM was not possible at that time PROGRAM still apply. See 60 FR 2917. South Dakota’s PROGRAM for receiving 2722 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations delegation of section 112 standards to C. Regulatory Flexibility Act Appendix A to Part 70ÐApproval include non-part 70 sources. The EPA’s actions under section 502 Status of State and Local Operating The scope of South Dakota’s of the Act do not create any new Permits Programs PROGRAM that EPA is approving in requirements, but simply address * * * * * this notice does not extend to ‘‘Indian operating permits programs submitted South Dakota Country,’’ as defined in 18 U.S.C. 1151, to satisfy the requirements of 40 CFR including the following ‘‘existing or part 70. Because this action does not (a) South Dakota Department of former’’ Indian reservations in the State: impose any new requirements, it does Environment and Natural Resources— Division of Environmental Regulations: 1. Cheyenne River; 2. Crow Creek; 3. not have a significant impact on a Flandreau; 4. Lower Brule; 5. Pine submitted on November 12, 1993; effective substantial number of small entities. on February 28, 1996. Ridge; 6. Rosebud; 7. Sisseton; 8. (b) (reserved) Standing Rock; and 9. Yankton. D. Unfunded Mandates The State has asserted it has Under section 202 of the Unfunded [FR Doc. 96–1545 Filed 1–26–96; 8:45 am] jurisdiction to enforce a PROGRAM Mandates Reform Act of 1995 BILLING CODE 6560±50±P within some or all of these ‘‘existing or (Unfunded Mandates Act), signed into former’’ Indian reservations and has law on March 22, 1995, EPA must 40 CFR Part 372 provided an analysis of such prepare a budgetary impact statement to jurisdiction. EPA is in the process of accompany any proposed or final rule [OPPTS±400100; FRL±4995±4] evaluating the State’s analysis and will that includes a Federal mandate that Toxic Chemical Release Reporting; issue a supplemental notice regarding may result in estimated costs to state, Community Right-To-Know; Additional this issue in the future. Before EPA local, or tribal governments in the Time to Report would approve the State’s PROGRAM aggregate; or to the private sector, of for any portion of ‘‘Indian Country,’’ $100 million or more. Under section AGENCY: Environmental Protection EPA would have to be satisfied that the 205, EPA must select the most cost- Agency (EPA). State has authority, either pursuant to effective and least burdensome ACTION: Time extensions for submission explicit Congressional authorization or alternative that achieves the objectives of reports. applicable principles of Federal Indian of the rule and is consistent with SUMMARY: EPA is announcing that it will law, to enforce its laws against existing statutory requirements. Section 203 allow facilities required to submit Toxic and potential pollution sources within requires EPA to establish a plan for Release Inventory (TRI) reports for any geographical area for which it seeks informing and advising any small calendar year 1995 until August 1, 1996, program approval and that such governments that may be significantly to file those reports. These TRI reports approval would constitute sound or uniquely impacted by the rule. under section 313 of the Emergency administrative practice. This is a EPA has determined that this Planning and Community Right-to- complex and controversial issue and proposed approval does not include a Know Act and section 6607 of the EPA does not wish to delay full Federal mandate that may result in Pollution Prevention Act would approval of the State’s PROGRAM with estimated costs of $100 million or more otherwise be due on or before July 1, respect to undisputed sources while to either state, local, or tribal 1996. Because of unforeseen EPA resolves this question. governments in the aggregate, or to the private sector. This Federal action circumstances beyond the control of In deferring final action on EPA, EPA has been delayed in PROGRAM approval for sources located approves pre-existing requirements under state or local law, and imposes no developing and distributing the in ‘‘Indian Country,’’ EPA is not making reporting package, which includes a determination that the State either has new Federal requirements. Accordingly, no additional costs to state, local, or extensive materials and guidance for adequate jurisdiction or lacks such preparing TRI reports, for the 1995 jurisdiction. Instead, EPA is deferring tribal governments, or to the private sector, result from this action. reporting year. To allow facilities judgment regarding this issue pending adequate time to prepare and submit EPA’s evaluation of the State’s analysis. List of Subjects in 40 CFR Part 70 complete and accurate TRI reports, EPA III. Administrative Requirements Environmental protection, is allowing facilities an extra month in which to report. A. Docket Administrative practice and procedure, Air pollution control, Intergovernmental FOR FURTHER INFORMATION CONTACT: Copies of the State’s submittal and relations, Operating permits, Reporting Maria J. Doa, 202-260-9592, e-mail: other information relied upon for the and recordkeeping requirements. [email protected], for specific final full approval, including public Dated: December 14, 1995. information on this notice, or for more comments received and reviewed by information on EPCRA section 313, the Jack W. McGraw, EPA on the proposal, are maintained in Emergency Planning and Community a docket at the EPA Regional Office. The Acting Regional Administrator. Right-to-Know Hotline, Environmental docket is an organized and complete file Part 70, chapter I, title 40 of the Code Protection Agency, Mail Code 5101, 401 of all the information submitted to, or of Federal Regulations is amended as M St., SW., Washington, DC 20460, Toll otherwise considered by, EPA in the follows: free: 1-800-535-0202, in Virginia and development of this final full approval. Alaska: 703-412-9877 or Toll free TDD: The docket is available for public PART 70Ð[AMENDED] 1-800-553-7672. inspection at the location listed under 1. The authority citation for part 70 SUPPLEMENTARY INFORMATION: the ADDRESSES section of this document. continues to read as follows: I. Background B. Executive Order 12866 Authority: 42 U.S.C. 7401, et seq. Section 313 of the Emergency The Office of Management and Budget 2. Appendix A to part 70 is amended Planning and Community Right-to- has exempted this action from Executive by adding the entry for South Dakota in Know Act of 1986, 42 U.S.C. 11023 Order 12866 review. alphabetical order to read as follows: (EPCRA, which is also referred to as Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2723

Title III of the Superfund Amendments number of reporting errors, and obligations for TRI reports otherwise and Reauthorization Act of 1986 [Pub. expedites the whole reporting process. due on July 1, 1996, covering calendar L. 99-499]), requires certain facilities In the past, these packages have been year 1995. Nothing in this notice shall manufacturing, processing, or otherwise distributed by early March of the year in be construed to apply to any other using listed toxic chemicals to report which reports are due to allow adequate EPCRA reporting obligations, or to any their environmental releases of such time for review and use by the reporting TRI reports due for past or future chemicals annually. Such facilities also facilities. reporting years. Further, this allowance must report pollution prevention and of additional time for reporting applies II. Additional Time to Report for 1995 recycling data for such chemicals, only to the federal EPCRA section 313/ pursuant to section 6607 of the Because Congress and the President, PPA section 6607 reporting obligation; it Pollution Prevention Act (PPA), 42 to date, have not approved an does not apply to independent U.S.C. 13106. EPCRA section 313 and appropriations bill for EPA for fiscal obligations under State laws which also PPA section 6607 require that covered year 1996, EPA has been operating since require TRI-type reports. However, EPA facilities report this information on or October 1, 1995, under a series of encourages the States with similar before July 1 of each year for activities continuing resolutions. On two separate requirements that relate to federal TRI at those facilities during the previous occasions these continuing resolutions reporting to embrace this allowance of calendar year. EPA is required to put the have lapsed, resulting in shutdowns of additional time. EPCRA section 313/PPA section 6607 operations at EPA. These shutdowns To the extent that this action might be information in an electronic data base have totaled 17 working days. Further, construed as rulemaking subject to that is accessible to the public. This data in January 1996, EPA’s Washington, section 553 of the Administrative base is commonly referred to as the D.C. area offices were closed for 4 days Procedure Act, for the reasons stated Toxics Release Inventory (TRI). State due to severe inclement weather above, EPA has determined that notice and local governments, industry, non- conditions. During the shutdowns due and an opportunity for public comment government organizations, and the to lack of appropriations, EPA was not are impracticable and unnecessary. public make extensive use of this data authorized to work on preparing the Providing for public comment might base. 1996 TRI reporting package. Since this further delay reporting, and, because Until 1995, TRI reporting was work is performed in EPA Headquarters there is no substantive change in the required for 368 chemicals and in Washington, D.C., EPA was also reporting obligation, other than allowing chemical categories. On November 30, unable to work on it during the 4 days an additional month, the public will 1994, EPA promulgated final rules that of closure due to the inclement weather. continue to receive the same added 286 chemicals and chemical Because these shutdowns have information, though slightly delayed. categories of chemicals to the list of resulted in delays in finalizing and Also, public comment would not further toxic chemicals for which reporting is distributing the TRI reporting package, inform EPA’s decision because the required under EPCRA section 313 and including the 1995 Form R and events giving rise to the need to provide PPA section 6607 (59 FR 61432), and accompanying guidance, beyond EPA’s extra time for reporting have already provided an alternate threshold for intended distribution date, facilities occurred. In addition, additional notice certain reporting (59 FR 61488). The subject to TRI reporting may not have and comment procedures in this sufficient time to prepare and submit addition of these chemicals and situation would be contrary to the their reports by July 1, 1996. EPA is categories of chemicals in 1994 almost public interest in timely and accurate concerned that in rushing to report by doubled the number of toxic chemicals reporting of data under EPCRA section July 1, facilities may make errors that subject to TRI reporting for calendar 313 and PPA section 6607. 1995. In addition, EPA believes that would reduce the accuracy and utility of many facilities will be reporting for the the reports and, ultimately, the public List of Subjects in 40 CFR Part 372 first time. Calendar year 1995 is the first data base. This is particularly relevant Environmental protection, year for which covered facilities are for first-time reporters. In addition, EPA Community right-to-know, Reporting required to submit information on believes that the delay in the and recordkeeping requirements, and releases under EPCRA section 313 and distribution of the reporting package Toxic chemicals. pollution prevention and recycling data may create concern in the regulated Dated: January 22, 1996. under PPA section 6607 for the newly community regarding potential added chemicals and categories. It is enforcement actions, including civil Lynn R. Goldman, also the first year in which facilities can penalties, for those facilities submitting Assistant Administrator for Prevention, make use of the alternate reporting reports that may contain errors as a Pesticides and Toxic Substances. threshold. Under EPCRA section 313 result of the late distribution of the EPA [FR Doc. 96–1540 Filed 1–26–96; 8:45 am] and PPA section 6607, these reports are reporting package or reporting after the BILLING CODE 6560±50±F due by July 1, 1996. July 1, 1996 deadline. Each year, prior to the reporting In recognition of the importance to deadline, EPA develops and sends to State and local governments, industry, GENERAL SERVICES facilities a reporting package containing and the public that facilities submit ADMINISTRATION the current TRI reporting form (Form R), complete and accurate TRI reports, EPA the list of toxic chemicals subject to is allowing all reporting facilities an 41 CFR Parts 201±20 and 201±24 reporting, and instructions for reporting. additional month to August 1, 1996, to [FIRMR Interim Rule 2, Supplement 1] In recent years, the package has also submit their 1995 TRI reports. However, included a computer diskette containing reports for the 1995 reporting year that RIN 3090±AE 71 an automated Form R for electronic are filed after August 1, 1996, will be Amendment of FIRMR Provisions To reporting. This year’s package will also subject to EPA enforcement action, Modify Requirements for Obtaining contain a special form for alternate where appropriate. Delegations of Procurement Authority threshold reporting. EPA has found that This allowance of additional time for providing this extensive reporting reporting applies only to the EPCRA AGENCY: Information Technology package reduces confusion and the section 313/PPA section 6607 reporting Service, GSA. 2724 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

ACTION: Interim rule with request for information technology. (2) An PART 201±20ÐACQUISITION comments. explanation of the changes being made follows: 1. The authority citation for part 201– SUMMARY: This change to the Federal 20 continues to read as follows: (a) Subsection 201–20.305(a) is Information Resources Management amended to encourage DSO’s to Authority: 40 U.S.C. 486(c) and 751(f). Regulation (FIRMR) revises policies redelegate a minimum of 25 percent of regarding delegations of procurement 2. Section 201–20.305 is amended by the monetary value of GSA’s delegated authority from GSA for the acquisition revising paragraphs (a)(3) and (a)(5) as procurement authority to other qualified of Federal information processing (FIP) follows: agency officials at lower organizational resources. In a FIRMR rule change levels where sufficient expertise exists. § 201±20.305 Delegation of GSA's issued October 24, 1994, GSA Such redelegations will further expedite exclusive procurement authority. established three tiers of regulatory FIP acquisitions and provide for a more * * * * * thresholds for information technology efficient process. DSO’s who elect not to (3) The agency’s DSO should resources: $20 million, $10 million, and redelegate at least 25 percent, or who redelegate, at a minimum, 25 percent of $5 million based on the size of an withdraw earlier delegations, must the monetary value of GSA’s delegated agency’s information technology budget advise GSA in writing of the exclusive authorities for FIP resources and its management record. In letters to circumstances that will not allow to qualified officials possessing the all Federal agencies dated June 19, 1995, redelegation and the management action expertise to conduct and manage FIP GSA granted specific agency delegations being taken to allow such redelegation acquisitions. of procurement authority of $100 in the future. This change greatly * * * * * million to each agency. This rule change increases the authority granted agencies (5) DSO’s who elect not to redelegate codifies that higher delegation authority in Interim Rule 2, which stated that at least 25 percent of the monetary value by establishing $100 million as the agencies could only redelegate a of the delegated authority, or who regulatory threshold for agency maximum of 50 percent of their withdraw a delegation, shall advise acquisitions of FIP resources. This delegated authority. GSA/MKA, 18th and F Streets, NW., change is made in continuation of a long Washington, DC 20405, in writing, of term GSA trend to place greater (b) Subsection 201–20.305–1 is the circumstances involving such authority in the hands of the operating amended to establish a new regulatory redelegations and their plan regarding agencies. The higher threshold will delegation of procurement authority of redelegations within the agency. allow agencies to assume greater $100 million for acquiring FIP resources responsibility for their acquisitions without prior approval from GSA. This * * * * * while allowing GSA to focus on larger, dollar threshold also applies to specific 3. Section 201–20.305–1 is amended more complex acquisitions. In addition make and model requirements and by revising paragraphs (a)(1) to increasing the dollar amount of requirements available from only one introductory text and (a)(3) introductory regulatory delegations thresholds, this source. text, as follows: (c) Subsection 201–24.102(c)(2) is interim rule strongly encourages agency § 201±20.305±1 Regulatory delegations. Designated Senior Officials (DSO’s) to amended to inform agencies to submit requests for exceptions to the use of (a) * * * redelegate a minimum of 25 percent of (1) FIP equipment, software, services, GSA’s exclusive procurement authority consolidated local telecommunications service directly to the Federal and support services when the total for FIP resources to qualified officials at estimated dollar value of all of the FIP other levels, and changes the approving Telecommunications Service (TT) for review. resources to be acquired under the authority for exceptions to the use of contract, including all optional items (3) This rule was submitted to, and GSA’s consolidated local and all option periods, does not exceed approved by, the Office of Management telecommunications service. $100 million, and if either paragraph and Budget in accordance with DATES: This amendment is effective (a)(1) (i), (ii) or (iii) of this section Executive Order 12866, Regulatory immediately upon publication. applies: Planning and Review. Comments will be considered in the * * * * * (4) The recordkeeping provisions of final rule, but must be received on or (3) Use or acquisition of FIP resources the Paperwork Reduction Act do not before February 28, 1996. from the following GSA contracting apply because the FIRMR changes do FOR FURTHER INFORMATION CONTACT: programs do not require delegations of not impose information collection Doris Farmer, GSA/MKR, FTS/ procurement authority from GSA: Commercial (202) 501–0960 (v), Internet requirements or collection of * * * * * ([email protected]), or (202) 501– information from offerors, contractors, 0657 (tdd). or members of the public which require PART 201±24ÐGSA SERVICES AND the approval of OMB under 44 U.S.C. SUPPLEMENTARY INFORMATION: (1) This ASSISTANCE interim rule enables GSA to focus on 3501 et seq. high dollar, high risk agency List of Subjects in 41 CFR Parts 201–20 1. The authority citation for part 201– information technology acquisitions. It and 201–24 24 continues to read as follows: provides more authority to agencies, Authority: 40 U.S.C. 486(c) and 751(f). while continuing to require increased Archives and records, Computer technology, Federal information 2. Section 201–24.102 is amended by measures of accountability and revising paragraph (c)(2) as follows: outcomes. The increased authority processing resources activities, allows agencies to further streamline Government procurement, Property § 201±24.102 Consolidated local their internal acquisition management management, Records management, and telecommunications service. and review functions. It also promotes Telecommunications. * * * * * improvements in early agency planning For the reasons set forth in the (c) * * * and analysis of business processes that preamble, GSA is amending 41 CFR (2) Agencies shall submit requests for may be improved through the use of Parts 201–20 and 201–24 as follows: exceptions to the use of consolidated Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2725 local telecommunications services to: costs and capital-related costs Security Act to eliminate the GSA, Federal Telecommunications applicable to discharges occurring on or requirement that the current method for Service (TT), 1730 M Street, NW., Suite after October 1, 1995, and set forth calculating the IME adjustment was to 200, Washington, DC 20036. update factors for the rate-of-increase expire as of October 1, 1995, we needed * * * * * limits for hospitals and hospital units to delete the incorrect reference to the Dated: October 11, 1995. excluded from the prospective payment October 1, 1995, expiration date in our Roger W. Johnson, systems. This document corrects errors September 1, 1995, final rule with Administrator of General Services. made in that document. comment period. [FR Doc. 96–1140 Filed 1–26–96; 8:45 am] EFFECTIVE DATE: October 1, 1995. Therefore, we are making the FOR FURTHER INFORMATION CONTACT BILLING CODE 6820±25±M : following corrections to the September Stephen Phillips (410) 786–4548. 1, 1995, final rule with comment period: SUPPLEMENTARY INFORMATION: In the § 412.105 [Corrected] DEPARTMENT OF HEALTH AND September 1, 1995, final rule with HUMAN SERVICES comment period (60 FR 45778), we 1. On page 45848, column one, item indicated that if a hospital believes its 10, the phrase ‘‘paragraph (b) is revised Health Care Financing Administration wage index value is incorrect as a result to read as follows:’’ is corrected to read of an intermediary or HCFA error that ‘‘paragraphs (b) and (d) are revised to 42 CFR Parts 412 and 413 the hospital could not have known read as follows:’’ [BPD±825±FCN] about before reviewing data made 2. On page 45848, column one, item available in mid-August, the hospital 10, insert corrected paragraph (d), RIN 0938±AG95 must notify the intermediary and HCFA which reads as follows: in writing, to be received no later than * * * * * Medicare Program; Changes to the September 21, 1995 (see 60 FR 45794). (d) Determination of education Hospital Inpatient Prospective As a result of this process, we have adjustment factor. For discharges Payment Systems and Fiscal Year 1996 identified several corrections to the occurring on or after October 1, 1988, Rates; Corrections wage data. Accordingly, the wage index each hospital’s education adjustment values for several areas have changed AGENCY: Health Care Financing factor is calculated as follows: Administration (HCFA), HHS. and are corrected in this notice. * * * * * ACTION: Correction to final rule. The final rule with comment period also contained other technical and § 413.40 [Corrected] SUMMARY: In the September 1, 1995, typographical errors. In particular, we issue of the Federal Register (60 FR inadvertently failed to correct a 3. On page 45850, column one, 45778), we published a final rule with technical error in § 412.105(d), which § 413.40(g)(1), in the third line the comment period revising the Medicare now indicates that the current method phrase ‘‘under paragraph (e) of this hospital inpatient prospective payment for determining the education section’’ is corrected to read ‘‘under systems for operating costs and capital- adjustment factor for hospitals that paragraph (g) of this section’’. related costs to implement necessary incur indirect costs for graduate medical 4. On pages 45867 through 45882, in changes arising from our continuing education (IME) programs is effective Table 3C—Hospital Case Mix Indexes experience with the system. In the only for discharges occurring before for Discharges Occurring in Federal addendum to that final rule with October 1, 1995. Since section Fiscal Year 1994, Hospital Average comment period, we announced the 4002(b)(3) of the Omnibus Budget Hourly Wage for Federal Fiscal Year prospective payment rates for Medicare Reconciliation Act of 1990 amended 1996 Wage Index, the average hourly hospital inpatient services for operating section 1886(d)(5)(B)(ii) of the Social wage is corrected as follows:

Provider Case mix index Avg. hourly wage Corrected avg. hourly wage

090004 01.6239 22.47 22.45 090005 01.2725 25.88 25.02 090008 01.5653 19.96 23.02 210003 01.5173 26.44 26.40 210005 01.1988 18.75 18.50 210008 01.3734 19.80 19.78 210026 01.3603 22.97 22.82 210060 01.0967 21.07 21.23 230002 01.2674 18.51 18.81 330023 01.1830 21.41 21.64 340039 01.2728 17.98 18.05 340064 01.2236 15.48 17.13 340098 01.6534 17.84 17.68 340166 01.3806 18.12 18.14 390174 01.7096 23.29 23.19 390226 01.7113 22.03 21.84 450025 01.4725 15.12 15.36 450029 01.4012 11.81 12.01 450121 01.5746 18.89 19.39 450196 01.4781 13.63 14.62 2726 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

5. On pages 45883 through 45889, in Urban Areas, the MSA titles and Table 4A—Wage Index and Capital counties are corrected as follows: Geographic Adjustment Factor (GAF) for

MSA Corrected MSA

1123 *Boston-Brockton-Nashua, MA±NH ...... *Boston-Worcester-Lawrence-Lowell-Brockton, MA±NH. 1960 Davenport-Rock Island-Moline, IA±IL ...... Davenport-Moline-Rock Island, IA±IL. 5483 *New Haven-Bridgeport-Stamford-Danbury-Water- *New Haven-Bridgeport-Stamford-Waterbury-Danbury, CT. bury, CT. 6483 *Providence-Warwick, RI ...... *Providence-Warwick-Pawtucket, RI. 7440 *San Juan-Bayamon, PR ...... Counties also include: Morovis, PR; Naguabo, PR.

6. On pages 45883 through 45889, in Table 4A—Wage Index and Capital Geographic Adjustment Factor (GAF) for Urban Areas, the wage index values and GAFs are corrected as follows:

Changed Urban area Wage GAF wage Changed index index GAF

0720 Baltimore, MD ...... 0.9866 0.9908 0.9865 0.9907 1520 Charlotte-Gastonia-Rock Hill, NC±SC ...... 0.9668 0.9771 0.9661 0.9767 2160 Detroit, MI ...... 1.0834 1.0564 1.0837 1.0566 2281 Dutchess Co., NY ...... 1.0697 1.0472 1.0754 1.0510 2800 Fort Worth-Arlington, TX ...... 1.0052 1.0036 1.0066 1.0045 3290 Hickory-Morganton-Lenoir, NC ...... 0.7983 0.8570 0.8002 0.8584 4080 Laredo, TX ...... 0.6750 0.7640 0.6834 0.7705 4640 Lynchburg, VA ...... 0.8205 0.8733 0.8319 0.8816 6160 Philadelphia, PA±NJ ...... 1.1098 1.0739 1.1092 1.0736 8840 Washington, DC±MD±VA±WV ...... 1.1075 1.0724 1.1116 1.0751 9080 Wichita Falls, TX ...... 0.7763 0.8408 0.7826 0.8455

7. On pages 45889 through 45890, in Table 4B—Wage Index and Capital Geographic Adjustment Factor (GAF) for Rural Areas, the wage index values and the GAFs are corrected as follows:

Changed Non-urban Area Wage GAF wage Changed index index GAF

North Carolina ...... 0.7983 0.8570 0.8002 0.8584 Texas ...... 0.7302 0.8063 0.7316 0.8073

8. On pages 45890 through 45891, in Geographic Adjustment Factor (GAF) for index values and the GAFs are corrected Table 4C—Wage Index and Capital Hospitals that are Reclassified, the wage as follows:

Changed Area reclassified to Wage GAF wage Changed index index GAF

Charlotte-Gastonia-Rock Hill, NC-SC ...... 0.9668 0.9771 0.9661 0.9767 Detroit, MI ...... 1.0834 1.0564 1.0837 1.0566 Dutchess Co., NY ...... 1.0546 1.0371 1.0583 1.0396 Fort Worth-Arlington, TX ...... 1.0052 1.0036 1.0066 1.0045 Philadelphia, PA-NJ ...... 1.1098 1.0739 1.1092 1.0736 Washington, DC-MD-VA-WV ...... 1.1075 1.0724 1.1116 1.0751 Rural North Carolina ...... 0.7983 0.8570 0.8002 0.8584

9. On pages 45891 through 45892, in Urban Areas, the average hourly wage is Table 4D—Average Hourly Wage for corrected as follows:

Corrected Urban area Average average hourly wage hourly wage

Baltimore, MD ...... 18.6758 18.6732 Charlotte-Gastonia-Rock Hill, NC-SC ...... 18.3004 18.2886 Detroit, MI ...... 20.4975 20.5027 Dutchess Co., NY ...... 20.2495 20.3568 Fort Worth-Arlington, TX ...... 19.0148 19.0420 Laredo, TX ...... 12.7772 12.9369 Lynchburg, VA ...... 15.5313 15.7477 Philadelphia, PA-NJ ...... 21.0452 21.0345 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2727

Corrected Urban area Average average hourly wage hourly wage

Washington, DC-MD-VA-WV ...... 20.9642 21.0413 Wichita Falls, TX ...... 14.6944 14.8144

10. On pages 45892 through 45893, in Table 4E—Average Hourly Wage for Rural Areas, the average hourly wage is corrected as follows:

Corrected Urban area Average average hourly wage hourly wage

North Carolina ...... 15.1058 15.1415 Texas ...... 13.8226 13.8482

(Catalog of Federal Domestic Assistance Diversity to administer the 2. A new centered heading and a new Program No. 93.778, Medical Assistance Commission’s internal Equal Section 0.81 is added to Subpart A to Program; No. 93.773 Medicare—Hospital Opportunity Program. This program was read as follows: Insurance; and No. 93.774, Medicare— previously administered by the Office of Supplementary Medical Insurance) Office of Workplace Diversity the Managing Director, Associate Dated: December 7, 1995. Managing for Human Resources § 0.81 Functions of the Office. Michael Carleton, Management. The implementation of (a) The Office of Workplace Diversity Acting Deputy Assistant Secretary for the proposed reorganization requires (OWD), as a staff office to the Information Resource Management. amendment to Part 0 of the Commission, shall develop, coordinate, [FR Doc. 96–1532 Filed 1–26–96; 8:45 am] Commission’s Rules and Regulations. In evaluate, and recommend to the BILLING CODE 4120±01±P accordance with the Commission’s Commission policies, programs, and action, this Order makes necessary practices that foster a diverse workforce revisions in Part 0 of the Commission’s and promote and ensure equal FEDERAL COMMUNICATIONS Rules. COMMISSION opportunity for all employees and 2. The amendments adopted herein applicants for employment. A principal pertain to agency organization. 47 CFR Part 0 function of the Office is to lead, advise, Therefore, the notice and comment and and assist the Commission, including all [DA 95±2199] effective date provisions of Section 4 of of its component Bureau/Office the Administrative Procedure Act, 5 managers, supervisors, and staff, at all Reorganization Action Necessary To U.S.C. § 553, are inapplicable. Authority levels, on ways to promote inclusion Create the Office of Workplace for the amendments is contained in and full participation of all employees Diversity Sections 4(i) and 5(b) of the in pursuit of the Commission’s mission. AGENCY: Federal Communications Communications Act of 1934, as In accordance with this function, the Commission. amended. Office shall: ACTION: Final rule. 4. Accordingly, it is ordered, pursuant (1) Conduct independent analyses of to the authority delegated under 47 the Commission’s policies and practices SUMMARY: This amendment to the C.F.R. § 0.231(d) and effective upon to ensure that those policies and Commission’s Rules establishes the publication in the Federal Register, that practices foster diversity in the Office of Workplace Diversity to Part 0 of the Rules and Regulations be workplace and ensure equal opportunity administer the Commission’s Internal amended as set forth below. and equal treatment for employees and Equal Opportunity Program, formerly List of Subjects in 47 CFR Part 0 applicants; and administered by the Office of the (2) Advise the Commission, Bureaus, Managing Director, Associate Managing Authority delegated, organization and and Offices of their responsibilities Director for Human Resources functions (Government agencies). under Title VII of the Civil Rights Act Management. This action is taken to Federal Communications Commission. of 1964, as amended; Section 501 of the streamline operations and improve Rehabilitation Act of 1973, as amended; efficiency. Andrew S. Fishel, Managing Director. Age Discrimination in Employment Act FOR FURTHER INFORMATION CONTACT: of 1967, as amended; Executive Order Harvey Lee at (202) 776–1887. Final Rules 11478; and all other statutes, Executive EFFECTIVE DATE: January 29, 1996. Orders, and regulatory provisions Part 0 of Chapter I of Title 47 of the relating to workplace diversity, equal SUPPLEMENTARY INFORMATION: Code of Federal Regulations is amended employment opportunity, as follows: Order nondiscrimination, and civil rights. Adopted: December 13, 1995 PART 0ÐCOMMISSION (b) The Office has the following duties Released: January 18, 1996 ORGANIZATION and responsibilities: By the Managing Director: (1) Through its Director, serves as the 1. On October 16, 1994, the 1. The authority citation for Part 0 principal advisor to the Chairman and Commission adopted a proposed continues to read as follows: Commission officials on all aspects of reorganization the purpose of which Authority: Section 5, 48 Stat. 1068, as workplace diversity, affirmative was to establish the Office of Workplace amended; 47 U.S.C. 155. recruitment, equal employment 2728 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations opportunity, non-discrimination, and (12) Maintains liaison with and DEPARTMENT OF COMMERCE civil rights; solicits views of organizations within (2) Provides leadership and guidance and outside the Commission on matters National Oceanic and Atmospheric to create a work environment that relating to equal opportunity and Administration values and encourages diversity in the workplace diversity. workplace; 50 CFR Part 642 (3) Is responsible for developing, 3. A new centered heading and a new [Docket No. 950725189±5260±02; I.D. implementing, and evaluating programs Section 0.391 is added to Subpart B to 012396A] and policies to foster a workplace whose read as follows: Coastal Migratory Pelagic Resources diversity reflects the diverse makeup of Office of Workplace Diversity the Nation, enhances the mission of the of the Gulf of Mexico and South Commission, and demonstrates the § 0.391 Authority delegated. Atlantic; Trip Limit Reduction value and effectiveness of a diverse The Director, Office of Workplace AGENCY: National Marine Fisheries workforce; Diversity, or his/her designee, is hereby Service (NMFS), National Oceanic and (4) Is responsible for developing, delegated authority to: Atmospheric Administration (NOAA), implementing, and evaluating programs Commerce. (a) Manage the Commission’s internal and policies that promote ACTION: Trip limit reduction. understanding among members of the EEO compliance program pursuant to Commission’s workforce of their Title VII of the Civil Rights Act of 1964, SUMMARY: NMFS reduces the differences and the value of those as amended, the Rehabilitation Act of commercial trip limit in the hook-and- differences and provide a channel for 1973, as amended, the Age line fishery for king mackerel in the communication among diverse members Discrimination in Employment Act of Florida west coast sub-zone to 50 king of the workforce at all levels; 1967, as amended, the Equal Pay Act, mackerel per day in or from the (5) Develops, implements, and and other applicable laws, rules, exclusive economic zone (EEZ). This evaluates programs and policies to regulations, and Executive Orders, with trip limit reduction is necessary to ensure that all members of the authority that includes appointing EEO protect the overfished Gulf king Commission’s workforce and candidates counselors, investigators, and mackerel resource. for employment have equal access to mediators; investigating complaints of EFFECTIVE DATE: The 50–fish commercial opportunities for employment, career employment discrimination, and trip limit is effective 12:01 a.m., local growth, training, and development and recommending to the Chairman final time, January 24, 1996, and remains in are protected from discrimination and agency decisions on EEO complaints; effect through June 30, 1996, unless harassment; changed by further notification in the (6) Develops and recommends (b) Mediate EEO complaints; Federal Register. Commission-wide workforce diversity (c) Develop the Commission’s FOR FURTHER INFORMATION CONTACT: goals and reports on achievements; affirmative action goals and objectives; Mark F. Godcharles, 813–570–5305. (7) Is responsible for developing, (d) Collect and analyze data on the SUPPLEMENTARY INFORMATION: The implementing, and evaluating programs Commission’s affirmative action and fishery for coastal migratory pelagic fish and policies to enable all Bureaus and EEO activities and accomplishments; (king mackerel, Spanish mackerel, cero, Offices to manage a diverse workforce cobia, little tunny, dolphin, and, in the (e) Prepare and release reports on effectively and in compliance with all Gulf of Mexico only, bluefish) is equal employment opportunity and civil EEO, affirmative action, workplace managed under the Fishery rights requirements; diversity, and related subjects; Management Plan for the Coastal (8) Works closely with the Associate (f) Review personnel activities, Migratory Pelagic Resources of the Gulf Managing Director—Human Resources including hiring, promotions, of Mexico and South Atlantic (FMP). Management to ensure compliance with discipline, training, awards, and The FMP was prepared by the Gulf of Federal and Commission recruitment performance recognition for Mexico and South Atlantic Fishery and staffing requirements; conformance with EEO and workplace Management Councils (Councils) and is (9) Manages the Commission’s equal diversity goals, objectives and implemented by regulations at 50 CFR employment opportunity compliance requirements; part 642 under the authority of the program. Responsibilities in this area Magnuson Fishery Conservation and (g) Conduct studies and collect data include processing complaints alleging Management Act. discrimination, recommending to the on workplace diversity issues and Based on the Councils’ recommended Chairman final decisions on EEO problems; total allowable catch and the allocation complaints within the Commission, and (h) Assume representational role on ratios in the FMP, NMFS implemented providing counseling services to behalf of the Commission at a commercial quota for the Gulf employees and applicants on EEO conferences, meetings, and negotiations migratory group of king mackerel in the matters; on EEO and workplace diversity issues; Florida west coast sub-zone at 865,000 (10) Develops and administers the (i) Develop programs and strategies lb (392,357 kg). That quota was further Commission’s program of accessibility divided into two equal quotas of designed to foster and encourage and accommodation for disabled 432,500 lb (196,179 kg) for vessels in fairness, equality, and inclusion of all persons in accordance with applicable each of two groups by gear types— employees in the workforce. regulations; vessels fishing with run-around gillnets (11) Represents the Commission at [FR Doc. 96–1419 Filed 1–26–96; 8:45 am] and vessels using hook- and line gear. meeting with other public and private BILLING CODE 6712±01±P In accordance with 50 CFR groups and organizations on matters 642.28(b)(2)(ii), from the date that 75 counseling workplace diversity and percent of the sub-zone’s commercial equal employment opportunity and quota has been harvested until a closure workplace diversity issues; of the Florida west coast sub-zone has Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2729 been effected or the fishing year ends, Florida west coast sub-zone effective Classification king mackerel in or from the EEZ may 12:01 a.m., local time, January 24, 1996. This action is taken under 50 CFR be possessed on board or landed from a The Florida west coast sub-zone 642.28(c) and is exempt from review permitted vessel in amounts not extends from the Alabama/Florida under E.O. 12866. exceeding 50 per day. ° ′ ′′ boundary (87 31 06 W. long.) to: (1) Authority: 16 U.S.C. 1801 et seq. NMFS has determined that 75 percent The Dade/Monroe County, FL boundary Dated: January 23, 1996. of the commercial hook-and-line quota (25°20.4′ N. lat.) from November 1 for Gulf group king mackerel from the through March 31; and (2) the Monroe/ Richard W. Surdi, Florida west coast sub-zone was reached Collier County, FL boundary (25°48′ N. Acting Director, Office of Fisheries Conservation and Management, National on January 23, 1996. Accordingly, a 50– lat.) from April 1 through October 31. fish trip limit applies to vessels in the Marine Fisheries Service. commercial hook-and-line fishery for [FR Doc. 96–1484 Filed 1–23–96; 5:02 pm] king mackerel in or from the EEZ in the BILLING CODE 3510±22±F 2730

Proposed Rules Federal Register Vol. 61, No. 19

Monday, January 29, 1996

This section of the FEDERAL REGISTER Renton, Washington 98055–4056. FAA, Transport Airplane Directorate, contains notices to the public of the proposed Comments may be inspected at this ANM–103, Attention: Rules Docket No. issuance of rules and regulations. The location between 9:00 a.m. and 3:00 95–NM–162–AD, 1601 Lind Avenue, purpose of these notices is to give interested p.m., Monday through Friday, except SW., Renton, Washington 98055–4056. persons an opportunity to participate in the Federal holidays. rule making prior to the adoption of the final The service information referenced in Discussion rules. the proposed rule may be obtained from On April 5, 1991, the FAA issued AD Boeing Commercial Airplane Group, 91–05–19, amendment 39–6918 (56 FR DEPARTMENT OF TRANSPORTATION P.O. Box 3707, Seattle, Washington 8705, March 1, 1991), applicable to 98124–2207. This information may be certain Boeing Model 747–200, –300, Federal Aviation Administration examined at the FAA, Transport –400 series airplanes equipped with Airplane Directorate, 1601 Lind General Electric Model CF6–80C2 PMC 14 CFR Part 39 Avenue, SW., Renton, Washington. and CF6–80C2 FADEC engines, and [Docket No. 95±NM±162±AD] FOR FURTHER INFORMATION CONTACT: Pratt & Whitney Model PW4000 Kenneth W. Frey, Aerospace Engineer, engines. That AD currently requires Airworthiness Directives; Boeing Systems and Equipment Branch, ANM– inspection of each fuel feed line of the Model 747±200, -300, and -400 Series 130S, FAA, Seattle Aircraft Certification outboard engine in the engine strut to Airplanes Equipped with General Office, 1601 Lind Avenue, SW., Renton, determine if interference with an Electric Model CF6±80C2 PMC and Washington; telephone (206) 227–2673; adjacent pneumatic duct clamp has CF6±80C2 FADEC Engines, and Pratt & fax (206) 227–1181. caused damage to the fuel feed tube; and Whitney Model PW4000 Engines repair or replacement of the fuel feed SUPPLEMENTARY INFORMATION: tube, if necessary. That AD also AGENCY: Federal Aviation Comments Invited currently requires inspection and Administration, DOT. Interested persons are invited to replacement of the adjacent pneumatic ACTION: Notice of proposed rulemaking participate in the making of the duct clamp with a non-rotating type (NPRM). proposed rule by submitting such clamp if a non-rotating clamp is not already installed. That action was SUMMARY: This document proposes the written data, views, or arguments as they may desire. Communications shall prompted by report of a fuel leak in the supersedure of an existing airworthiness number 4 engine strut due to a directive (AD), applicable to certain ientify the Rules Docket number and be submitted in triplicate to the address punctured fuel feed line that had chafed Boeing Model 747–200, –300, and –400 as a result of contact with a clamp. The series airplanes, that currently requires specified above. All communications received on or before the closing date requirements of that AD are intended to inspection of each fuel feed line of the prevent an engine fire. outboard engine in the engine strut to for comments, specified above, will be considered before taking action on the Since the issuance of that AD, the determine if interference with an FAA has received a report of fuel adjacent pneumatic duct clamp has proposed rule. The proposals contained in this notice may be changed in light leakage in the strut of the number 4 caused damage, and repair or engine. Investigation revealed that the replacement of the fuel feed tube, if of the comments received. Comments are specifically invited on fuel leakage was caused by a punctured necessary. That AD also currently fuel feed tube; the fuel tube was requires inspection and replacement of the overall regulatory, economic, environmental, and energy aspects of punctured as a result of chafing with the the adjacent pneumatic duct clamp with high profile duct clamp. Further a non-rotating type clamp, if necessary. the proposed rule. All comments submitted will be available, both before investigation revealed that the high This action would require modification profile duct clamp, which was of the upper gap area of the strut of the and after the closing date for comments, in the Rules Docket for examination by lockwired to the anchor clamp, was number 1 and 4 engines. This proposal installed in accordance with the is prompted by a report of fuel leakage interested persons. A report summarizing each FAA-public contact requirements of AD 91–05–19. Due to in the strut of the number 4 engine due failure of the lockwire, the high profile to a high profile clamp that chafed the concerned with the substance of this proposal will be filed in the Rules clamp rotated and chafed the fuel line fuel line. The actions specified by the in the strut of the number 4 engine. This proposed AD are intended to prevent Docket. Commenters wishing the FAA to condition, if not corrected, could result chafing of the fuel line in the strut of the in rupture of the fuel line and a number 1 and 4 engines, which could acknowledge receipt of their comments submitted in response to this notice subsequent in-flight engine fire. result in rupture of the fuel line and The FAA has reviewed and approved subsequent in-flight engine fire. must submit a self-addressed, stamped postcard on which the following Service Bulletin 747–36A2097, Revision DATES: Comments must be received by statement is made: ‘‘Comments to 3, dated September 28, 1995, which March 25, 1996. Docket Number 95–NM–162–AD.’’ The describes procedures for modification of ADDRESSES: Submit comments in postcard will be date stamped and the upper gap area of the strut of the triplicate to the Federal Aviation returned to the commenter. number 1 and 4 engines. The Administration (FAA), Transport modification involves an inspection to Airplane Directorate, ANM–103, Availability of NPRMs detect chafing or puncture marks of the Attention: Rules Docket No. 95–NM– Any person may obtain a copy of this fuel line, and replacement or repair of 162–AD, 1601 Lind Avenue, SW., NPRM by submitting a request to the the chafed or punctured fuel line. The Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2731 modification also involves replacement Flexibility Act. A copy of the draft strut of the number 1 and 4 engines, in of the high profile clamp on the flap regulatory evaluation prepared for this accordance with Boeing Service Bulletin drive pneumatic duct with a low profile action is contained in the Rules Docket. 747–36A2097, Revision 3, dated September clamp, and removal of the anchor A copy of it may be obtained by 28, 1995. clamp, if installed. Accomplishment of (b) An alternative method of compliance or contacting the Rules Docket at the adjustment of the compliance time that this modification will eliminate chafing location provided under the caption provides an acceptable level of safety may be of the fuel line in the strut of the ADDRESSES. used if approved by the Manager, Seattle number 1 and 4 engines. List of Subjects in 14 CFR Part 39 Aircraft Certification Office (ACO), FAA, Since an unsafe condition has been Transport Airplane Directorate. Operators identified that is likely to exist or Air transportation, Aircraft, Aviation shall submit their requests through an develop on other products of this same safety, Safety. appropriate FAA Principal Maintenance type design, the proposed AD would Inspector, who may add comments and then The Proposed Amendment supersede AD 91–05–19 to require send it to the Manager, Seattle ACO. modification of the upper gap area of Accordingly, pursuant to the Note 2: Information concerning the the strut of the number 1 and 4 engines. authority delegated to me by the existence of approved alternative methods of The actions would be required to be Administrator, the Federal Aviation compliance with this AD, if any, may be accomplished in accordance with the Administration proposes to amend part obtained from the Seattle ACO. service bulletin described previously. 39 of the Federal Aviation Regulations (c) Special flight permits may be issued in There are approximately 363 Boeing (14 CFR part 39) as follows: accordance with sections 21.197 and 21.199 Model 747–200, –300, –400 series of the Federal Aviation Regulations (14 CFR airplanes equipped with General PART 39ÐAIRWORTHINESS 21.197 and 21.199) to operate the airplane to DIRECTIVES a location where the requirements of this AD Electric Model CF6–80C2 PMC and can be accomplished. CF6–80C2 FADEC engines, and Pratt & 1. The authority citation for part 39 Issued in Renton, Washington, on January Whitney Model PW4000 engines of the continues to read as follows: 22, 1996. affected design in the worldwide fleet. Darrell M. Pederson, The FAA estimates that 39 airplanes of Authority: 49 U.S.C. 106(g) 40113, 44701. U.S. registry would be affected by this Acting Manager, Transport Airplane § 39.13 [Amended] Directorate, Aircraft Certification Service. proposed AD. 2. Section 39.13 is amended by [FR Doc. 96–1570 Filed 1–26–96; 8:45 am] The actions that are proposed in this removing amendment 39–6918 (56 FR BILLING CODE 4910±13±U AD action would take approximately 6 8705, March 1, 1991), and by adding a work hours per airplane to accomplish, new airworthiness directive (AD), to at an average labor rate of $60 per work read as follows: hour. Required parts would be supplied 14 CFR Part 71 by the manufacturer at no cost to the Boeing: Docket 95–NM–162–AD. Supersedes [Airspace Docket No. 95±ANM±29] operators. Based on these figures, the AD 91–05–19, Amendment 39–6918. cost impact on U.S. operators of the Applicability: Model 747–200, –300, and Proposed amendment to Class D and proposed requirements of this AD is –400 series airplanes having line positions Class E airspace, Hailey, ID 679 through 1041 inclusive; equipped with estimated to be $14,040, or $360 per General Electric Model CF6–80C2 PMC and AGENCY: Federal Aviation airplane. CF6–80C2 FADEC, and Pratt & Whitney Administration (FAA), DOT. The cost impact figures discussed Model PW4000 engines; certificated in any above are based on assumptions that no category. ACTION: Notice of Proposed Rulemaking operator has yet accomplished any of Note 1: This AD applies to each airplane (NPRM). the current or proposed requirements of identified in the preceding applicability SUMMARY: This proposed rule would provision, regardless of whether it has been this AD action, and that no operator amend the Hailey, Idaho, Class D and would accomplish those actions in the otherwise modified, altered, or repaired in the area subject to the requirements of this Class E airspace. If amended, the future if this AD were not adopted. airspace would accommodate a new The regulations proposed herein AD. For airplanes that have been modified, altered, or repaired so that the performance Global Positioning System (GPS) would not have substantial direct effects of the requirements of this AD is affected, the Standard Instrument Approach on the States, on the relationship owner/operator must use the authority Procedure (SIAP) to Friedman Memorial between the national government and provided in paragraph (b) of this AD to Airport, Hailey, Idaho. The area would the States, or on the distribution of request approval from the FAA. This be depicted on aeronautical charts for power and responsibilities among the approval may address either no action, if the pilot reference. various levels of government. Therefore, current configuration eliminates the unsafe in accordance with Executive Order condition; or different actions necessary to DATES: Comments must be received on address the unsafe condition described in or before March 1, 1996. 12612, it is determined that this this AD. Such a request should include an ADDRESSES: Send comments on the proposal would not have sufficient assessment of the effect of the changed federalism implications to warrant the configuration on the unsafe condition proposal in triplicate to: Manager, preparation of a Federalism Assessment. addressed by this AD. In no case does the System Management Branch, ANM–530, For the reasons discussed above, I presence of any modification, alteration, or Federal Aviation Administration, certify that this proposed regulation (1) repair remove any airplane from the Docket No. 95–ANM–29, 1601 Lind is not a ‘‘significant regulatory action’’ applicability of this AD. Avenue SW., Renton, Washington under Executive Order 12866; (2) is not Compliance: Required as indicated, unless 98055–4056. a ‘‘significant rule’’ under the DOT accomplished previously. The official docket may be examined Regulatory Policies and Procedures (44 To prevent chafing of the fuel line in the at the same address. FR 11034, February 26, 1979); and (3) if strut of the number 1 and 4 engines, which An informal docket may also be could result in rupture of the fuel line and examined during normal business hours promulgated, will not have a significant subsequent in-flight engine fire, accomplish economic impact, positive or negative, the following: at the address listed above. on a substantial number of small entities (a) Within 6 months after the effective date FOR FURTHER INFORMATION CONTACT: under the criteria of the Regulatory of this AD, modify the upper gap area of the James Frala, ANM–535/A, Federal 2732 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

Aviation Administration, Docket No. Hailey, Idaho, to accommodate a new Paragraph 5000 Class D airspace 95–ANM–29, Lind Avenue SW., Renton, GPS SIAP at Friedman Memorial * * * * * Washington 98055–4056; telephone Airport. The area would be depicted on number: (206) 227–2535. aeronautical charts for pilot reference. ANM ID D Hailey, ID [Revised] The coordinates for this airspace docket Friedman Memorial Airport, Hailey, ID SUPPLEMENTARY INFORMATION: are based on North American Datum 83. (lat. 43°30′17′′ N, long. 114°17′48′′ W) Comments Invited Class D airspace areas extending That airspace extending upward from the Interested parties are invited to upward from the surface of the earth, surface to, and including 7,800 feet MSL participate in this proposed rulemaking and Class E airspace areas extending within a 4.1-mile radius of the Friedman by submitting such written data, views, upward from 700 feet or more above the Memorial Airport, and that airspace within or arguments as they may desire. surface of the earth are published in 1.8 miles each side of the 159° bearing from Comments that provide the factual basis paragraph 5000 and paragraph 6005, the airport, extending from the 4.1-mile supporting the views and suggestions respectively, of FAA Order 7400.9C radius to 6 miles southeast of the airport. presented are particularly helpful in dated August 17, 1995, and effective This Class D airspace area is effective during developing reasoned regulatory September 16, 1995, which is the specified dates and times established in decisions on the proposal. Comments incorporated by reference in 14 CFR advance by a Notice to Airmen. The effective are specifically invited on the overall 71.1. The Class D and Class E airspace date and time will thereafter be continuously regulatory, aeronautical, economic, designations listed in this document published in the Airport/Facility Directory. environmental, and energy-related would be published subsequently in the * * * * * aspects of the proposal. Order. Paragraph 6005 Class E airspace areas Communications should identify the The FAA has determined that this proposed regulation only involves an extending upward from 700 feet or more airspace docket number and be above the surface of the earth. submitted in triplicate to the address established body of technical listed above. Commenters wishing the regulations for which frequent and * * * * * FAA to acknowledge receipt of their routine amendments are necessary to ANM ID E5 Hailey, ID [Revised] comments on this notice must submit keep them operationally current. It, therefore, (1) is not a ‘‘significant Friedman Memorial Airport, Hailey, ID with those comments a self-addressed, (lat. 43°30′17′′ N, long. 114°17′48′′ W) regulatory action’’ under Executive stamped postcard on which the M–SUN MLS Order 12866; (2) is not a ‘‘significant following statement is made: (lat. 43°30′02′′ N, long. 114°17′37′′ W) ‘‘Comments to Airspace Docket No. 95– rule’’ under DOT Regulatory Policies That airspace extending upward from 700 ANM–29.’’ The postcard will be date/ and Procedures (44 FR 11034; February feet above the surface within 1.8 miles each time stamped and returned to the 26, 1979); and (3) does not warrant side of the M–SUN MLS 328° azimuth, from commenter. All communications preparation of a regulatory evaluation as 7.4 miles northwest to 4.3 miles southeast of received on or before the specified the anticipated impact is so minimal. Since this is a routine matter that will the M–SUN MLS, and 1.8 miles each side of closing date for comments will be the 159° bearing from the airport, extending considered before taking action on the only affect air traffic procedures and air navigation, it is certified that this rule, from the airport to 7.6 miles southeast of the proposed rule. The proposal contained airport; that airspace extending upward from when promulgated, will not have a in this notice may be changed in the 1,200 feet above the surface, within 3.5 miles significant economic impact on a light of comments received. All each side of the M–SUN MLS 328° azimuth, substantial number of small entities comments submitted will be available from 15.7 miles northwest to the M–SUN under the criteria of the Regulatory for examination at the address listed MLS, and that airspace from lat. 43°36′00′′ N, above both before and after the closing Flexibility Act. long. 114°27′03′′ W, thence eastbound to lat. date for comments. A report List of Subjects in 14 CFR Part 71 43°36′00′′ N, long. 114°00′03′′ W, thence summarizing each substantive public southbound to lat. 43°17′30′′ N, long. Airspace, Incorporation by reference, contact with FAA personnel concerned 114°03′03′′ W, thence westbound to lat. with this rulemaking will be filed in the Navigation (air). 43°17′30′′ N, long. 114°27′03′′ W, thence docket. The Proposed Amendment northbound to the point of beginning; excluding that airspace overlying V–231 on Availability of NPRM’s In consideration of the foregoing, the the east side and V–500 on the south side. Any person may obtain a copy of this Federal Aviation Administration NPRM by submitting a request to the proposes to amend 14 CFR part 71 as * * * * * Federal Aviation Administration, follows: Issued in Seattle, Washington, on January System Management Branch, ANM–530, 5, 1996. 1601 Lind Avenue SW., Renton, PART 71Ð[AMENDED] Richard E. Prang, Washington 98055–4056. 1. The authority citation for 14 CFR Acting Assistant Management, Air Traffic Communications must identify the part 71 continues to read as follows: Division, Northwest Mountain Region. notice number of this NPRM. Persons [FR Doc. 96–1435 Filed 1–26–96; 8:45 am] interested in being placed on a mailing Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– BILLING CODE 4910±13±M list for future NPRM’s should also 1963 Comp., p. 389; 14 CFR 11.69. request a copy of Advisory Circular No. 11–2A, which describes the application § 71.1 [Amended] procedure. 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation The Proposal Administration Order 7400.9C, Airspace The FAA is considering an Designations and Reporting Points, amendment to part 71 of the Federal dated August 17, 1995, and effective Aviation Regulations (14 CFR part 71) to September 15, 1995, is amended as amend Class D and Class E airspace at follows: Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2733

DEPARTMENT OF ENERGY amend the biologics regulations to Post-translational modifications are known eliminate the establishment license (e.g., glycosylation), or Federal Energy Regulatory application (ELA) requirement for well- b. Monoclonal Antibodies Commission The identity can be determined by rigorous characterized biotechnology products physicochemical and immunochemical licensed under the Public Health 18 CFR Part 35 characterization without fully knowing its Service Act (PHS Act). The proposed chemical structure. [Docket Nos. RM95±8±000 and RM94±7± rule would also exempt well- Purity and impurities: 001] characterized biotechnology products The purity is quantifiable. licensed under the PHS Act from certain The impurities are quantifiable, and Promoting Wholesale Competition biologics regulations and harmonize the identified if feasible. Through Open Access Non- requirements applicable to these Potency and quantity: Discriminatory Transmission Services The biological activity is measurable. products with those applicable to The quantity is measurable. by Public Utilities; Recovery of similar drug products which are Stranded Costs by Public Utilities and A well-characterized therapeutic approved under the Federal Food, Drug, recombinant DNA-derived and monoclonal Transmitting Utilities and Cosmetic Act (the act). antibody product requires proper raw material controls, process validation and January 19, 1996. This action is part of FDA’s continuing effort to achieve the controls, and sensitive and validated test AGENCY: Federal Energy Regulatory methods and specifications. Commission. objectives of the President’s ‘‘Reinventing Government’’ initiatives, As announced in the Federal Register ACTION: Proposed rule; extension of time and it is intended to reduce unnecessary of October 25, 1995 (60 FR 54695), FDA for comments on Draft Environmental burdens for industry without held a scientific workshop on December Impact Statement (DEIS). diminishing public health protection. 11, 12, and 13, 1995, to discuss the definition of a well-characterized SUMMARY: On November 17, 1995, the DATES: Written comments on this therapeutic recombinant DNA-derived staff of the Federal Energy Regulatory proposed rule by February 28, 1996. and monoclonal antibody product and Commission issued a draft Submit written comments on the to identify the information necessary to environmental impact statement for the information collection requirements by characterize such products. FDA proposed rule in this proceeding (60 FR February 28, 1996, but not later than intends to consider information 58304, November 27, 1995). On January March 29, 1996. The agency proposes received at the workshop, as well as 3, 1996, an extension of time for the that any final rule that may issue based comments received in response to this filing of comments on the DEIS was on this proposal become effective upon proposed rule, to determine whether the granted because certain departments its date of publication in the Federal definition previously given in this and agencies of the Federal government Register. document should be expanded to were closed for all but emergency ADDRESSES: Submit written comments include other categories of products that matters due to a lack of appropriated on this proposed rule to the Dockets would be considered to be well- funds. Management Branch (HFA–305), Food characterized, such as certain vaccines DATES: Comments by all parties shall be and Drug Administration, 12420 and biologic devices, e.g., test kits for filed on or before February 2, 1996. Parklawn Dr., rm. 1–23, Rockville, MD screening blood. ADDRESSES: Federal Energy Regulatory 20857. Submit written comments on the FDA is proposing to use the phrase Commission, 888 First Street, N.E., information collection requirements to ‘‘well-characterized biotechnology Washington, D.C. 20426. the Office of Information and Regulatory product,’’ to describe the products that FOR FURTHER INFORMATION CONTACT: Affairs, OMB, New Executive Office would be eligible for a single license Bill Meroney, Office of Economic Bldg., 725 17th St. NW., rm. 10235, application so that the regulatory Policy, (202) 208–1069. Washington, DC 20503. language would accommodate such Lois D. Cashell, FOR FURTHER INFORMATION CONTACT: additional categories of products. FDA Secretary. Tracey H. Forfa, Center for Biologics has not included a definition of a well- [FR Doc. 96–1530 Filed 1–26–96; 8:45 am] Evaluation and Research (HFM–630), characterized biotechnology product in BILLING CODE 6717±01±M Food and Drug Administration, 1401 the proposed regulations because the Rockville Pike, suite 200N, Rockville, agency intends to clarify the definition MD 20852–1448, 301–594–3074. in a guidance document that can be DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION more readily modified to reflect changes HUMAN SERVICES that may be warranted as scientific I. Background knowledge progresses. FDA specifically Food and Drug Administration In the Federal Register of December 8, invites public comment on whether a 1995 (60 FR 63048), the agency definition of a well-characterized 21 CFR Parts 600 and 601 announced its interim definition of a biotechnology product should be [Docket No. 95N±0411] well-characterized therapeutic included in the regulations and, if so, recombinant DNA-derived and what the scope of such a definition RIN 0910±AA68 monoclonal antibody biotechnology should be. product, as follows: Well-characterized therapeutic Well-Characterized Biotechnology A chemical entity(ies) whose identity, recombinant DNA-derived and Products; Elimination of Establishment purity, impurities, potency, and quantity can monoclonal antibody products that are License Application be determined and controlled. viruses, therapeutic sera, toxins, Identity: antitoxins, vaccines, blood, blood AGENCY: Food and Drug Administration, a. Recombinant DNA Biotechnology HHS. Products components or derivatives, allergenic ACTION: Proposed rule. The primary structure is known (i.e., products, or analogous products amino acid sequence), and applicable to the prevention, treatment, SUMMARY: The Food and Drug The secondary structure is known (e.g. or cure of human diseases or injuries are Administration (FDA) is proposing to disulfide linkage), and ‘‘biologics’’ within the meaning of 2734 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules section 351 of the PHS Act (42 U.S.C. the manufacture of many biotechnology- product is manufactured. Fourth, the 262). They are also ‘‘drugs’’ as the term derived biological products. After over a term ‘‘manufacturer’’ as it is used in is defined in section 201(g) of the act (21 decade of experience with these parts 600 through 680 (21 CFR parts 600 U.S.C. 321(g)). Additional well- products, the agency has found that it through 680) would be broadened to characterized biotechnology products can review the safety, purity, potency, include an applicant for a license for a identified in the future may be and effectiveness of most well- well-characterized biotechnology ‘‘devices’’ as defined in section 201(h) characterized biotechnology products product who may or may not own the of the act (21 U.S.C. 321(h)). Therefore, without requiring submission of a facilities engaged in significant such products are subject to the separate ELA. Accordingly, FDA is production steps. This would allow a provisions of the act applicable to drugs proposing procedures under which single license applicant to take and/or devices, including, but not CBER would approve well-characterized responsibility for compliance with the limited to, the adulteration and biotechnology products by requiring a requirements in parts 600 through 680 misbranding provisions (21 U.S.C. 351 single biologics license application. applicable to manufacturers and and 352). CDER would continue to approve NDA’s eliminate the requirement that each At the present time, these products for well-characterized biotechnology separate contract facility engaging in are regulated by either FDA’s Center for products. The single biologics license significant manufacturing obtain a Biologics Evaluation and Research application and the NDA would have an separate license. (CBER) or Center for Drug Evaluation identical format and include the same These licensing procedures for well- and Research (CDER). CBER and CDER information. FDA would continue to characterized biotechnology-derived have entered into an intercenter inspect manufacturing facilities for biological products are authorized by agreement announced in the Federal compliance with good manufacturing section 351 of the PHS Act. The Register of November 21, 1991 (56 FR practice requirements before approving proposed rule would establish an 58760), with respect to the regulation of either a biologics license application or administrative approach to enforce the drugs and biological products. The NDA. requirements in sections 351(a) and (d) intercenter agreement assigns FDA has determined that the review of the PHS Act appropriate for current jurisdiction to CBER or CDER based on standards for well-characterized scientific and technological methods product class. A product class is defined biotechnology products across the applied in the manufacture of these as a distinct category of agents agency are substantially identical, products. recognizable by physical characteristics, notwithstanding that such standards FDA’s current regulations to source materials, or pharmacologic may be specified in separate regulations, administer and enforce the statutory properties. Examples of product classes but the manner in which information is requirements embody a dual licensing include: antibiotics, vaccines, submitted to FDA is more burdensome scheme: Applicants must submit to hormones, and human blood when done through the ELA CBER an ELA and a PLA and obtain derivatives. Under the agreement, some mechanism. Accordingly, the agency agency approval of both applications well-characterized biotechnology believes that the proposed procedures before they may distribute a biological products, such as recombinant insulin will significantly reduce burdens product. Parts 600 through 680 set out and human growth hormone, are without reducing the safety or establishment and product standards assigned to CDER, while other similar effectiveness of these products. that applicants must meet before FDA recombinant products, such as issues an establishment or product II. Legal Authority erythropoietin, colony stimulating license. However, a dual licensing factor, and interferon, are assigned to This proposal would establish a scheme is not compelled by the PHS CBER. licensing scheme for well-characterized Act. Currently, when approved under the biotechnology products that differs from Section 351(a) of the PHS Act restricts PHS Act as biological products, well- the current licensing scheme in four the interstate sale, barter, and exchange characterized biotechnology products fundamental ways. First, an applicant of biologics to products manufactured in are reviewed like any other biologic; seeking marketing approval of a well- establishments that have been licensed. that is, both a product license characterized biotechnology product Section 351(a) requires that a biologic application (PLA) and an ELA are would submit a single biologics license product be ‘‘propagated or submitted to and approved by FDA application to CBER and be issued a manufactured and prepared at an before the well-characterized single license. Second, for these establishment holding an unsuspended biotechnology product may be shipped. products, many of the establishment and unrevoked license.’’ Section 351(d) When approved under the act as a drug standards set forth in part 600 (21 CFR authorizes the agency to prescribe product, a well-characterized part 600) would be exempted from regulations for the issuance, suspension, biotechnology product must have an applicability and the current good and revocation of licenses: ‘‘Licenses for approved new drug application (NDA) manufacturing practice requirements the maintenance of establishments for in place of a PLA and ELA. Much of the found at parts 210 and 211 (21 CFR the propagation or manufacture and information provided in a PLA is parts 210 and 211) would constitute the preparation of [biological] products similar to that included in an NDA. bulk of the applicable establishment * * * may be issued only upon a Some of the information provided in an standards. Some of the product showing that the establishment and the ELA is included in the chemistry, standards set forth in part 610 (21 CFR products for which a license is desired manufacturing and controls section of part 610) would also be eliminated for meet standards, designed to insure the the NDA (see § 314.50(d)(1)(21 CFR these products. Third, in lieu of continued safety, purity, and potency of 314.50(d)(1))); however, much of the submitting an ELA to CBER showing such products, prescribed in information concerning the compliance with establishment regulations, and licenses for new manufacturing facility that is included standards, FDA would evaluate whether products may be issued only upon a in an ELA is not included in an NDA. establishment standards had been met showing that they meet such Technical advances over the last 15 by reviewing information submitted in standards.’’ The sole limitation on the years have greatly increased the ability the biologics license application and by agency’s discretion to issue biologic of manufacturers to control and analyze inspecting the facilities in which the licenses is that licenses may only be Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2735 issued upon a showing that both the an applicant seeking marketing approval The proposed rule would eliminate the establishment in which the product is of a well-characterized biotechnology requirement that each separate contract prepared and the product meet product file a single application on a facility engaging in significant regulatory standards designed to insure form prescribed by CBER. The form will production steps submit an ELA and a the continued safety, purity, and include a section that is the same as the PLA. Instead, a well-characterized potency of such products. chemistry, manufacturing, and controls biotechnology product would be The PHS Act does not prescribe (CMC) section found in an NDA. (See covered by a single biologics license requirements for the format or content § 314.50(d)(1)). CBER and CDER have application, which lists all of license applications. Nor does it prepared a draft form that has been manufacturing locations, regardless of direct that there be two forms of license. made available for comment. This draft how many separate companies are The clear import of section 351(a) is that form may be used in the interim until involved in its manufacture. FDA is the entity responsible for the product a final form is available. Both CBER and seeking comment on whether the and its manufacture should be licensed. CDER intend to prepare and use the definition of ‘‘manufacturer’’ in The agency believes that the single same guidance documents to aid in the § 600.3(t) should also be expanded to biologics license application scheme preparation of the chemistry, include license applicants for products that FDA is proposing for well- manufacturing, and controls section of other than well-characterized characterized biotechnology products is an application for a well-characterized biotechnology products. biotechnology product. FDA intends authorized by the PHS Act because B. Good Manufacturing Practice that this guidance will be made licenses would continue to be issued Requirements. only after the agency has made a available to the public by the time of determination that the product and the issuance of any final rule resulting from The establishment standards for well- establishment(s) in which it is this proposal. characterized biotechnology products manufactured meet applicable The CMC section of a license would continue to include the CGMP regulatory standards. FDA would make application for a well-characterized regulations found in parts 210 and 211 its determination as to whether the biotechnology product, like an NDA for (21 CFR parts 210 and 211). FDA would product and establishment(s) meet a well-characterized biotechnology review compliance with good applicable regulatory standards after product, would include the following manufacturing practice requirements reviewing the information submitted in elements, at a minimum: A full upon inspection and applicants would the biologics license application and description and characterization of the be required to demonstrate such after inspecting the manufacturing well-characterized biotechnology compliance in order to obtain approval facilities. product; the names, addresses, and of a biologics license application. FDA believes that a license holder responsibilities of all manufacturers Should well-characterized devices licensed under the PHS Act be need not be the legal owner of each involved in the manufacture and testing identified and be eligible for the new facility in which the product is of the product; the method of procedures, applicable CGMP manufactured as long as he or she is manufacture, including raw materials, regulations would include parts 606 and responsible for assuring FDA that the solvents, and reagents; process controls 820 (21 CFR parts 606 and 820) (for product and establishment standards are and tests; reference standards; blood and blood components). FDA met. Accordingly, the proposed rule specifications and analytical methods; a requests comments on whether a would permit a single license holder to description of the container and closure specific reference to part 820 should be assume control of the production of a system and its compatibility with the well-characterized biotechnology included in the rule. well-characterized biotechnology Under section 501(a)(2)(B) of the act, product regardless of whether he or she product drug substance; a description of the storage conditions, stability study the methods used in, and the facilities owns the manufacturing facilities. or controls used for the manufacture, FDA also believes that its protocols, and results; a tabulated list of all components; specifications and processing, packing, or holding of a administrative approach to enforcing drug must conform to current good the PHS Act can and should change to methods for the drug product’s ingredients; methods of manufacturing manufacturing practice. Because the respond to changing knowledge and bulk drug substance, drug component, experience in reviewing the safety, and packaging of the well-characterized drug product including a floor plan and bulk drug product meet the purity, and potency of biological definition of ‘‘drug’’ in section 201(g)(1) products. which designates rooms in the manufacturing facilities and operations of the act (21 U.S.C. 321(g)(1)), their III. Summary of Proposed Rule in each room; specifications and manufacture also must conform to good methods for the drug product; any manufacturing practice. The CGMP A. Biologics License Application. microbiology and drug product stability regulations set forth in parts 210 and The proposed rule would be data; description of any investigational 211 are intended to apply to the applicable to applicants seeking formulation; environmental assessment preparation of a finished dosage form, marketing approval of well- and method validation. whether or not in packaged form. (See characterized biotechnology products This proposal would also expand the § § 210.3(b)(4) and 211.1(a).) Although that are currently licensed under the definition in § 600.3(t) of these CGMP regulations are not applied provisions of the PHS Act. ‘‘manufacturer’’ to include a license to the manufacture of bulk drug In an effort to further harmonize the applicant for a well-characterized components, there are numerous manner in which well-characterized biotechnology product regardless of instances where good manufacturing biotechnology products are regulated, whether the applicant is personally practice for bulk drug substances and the agency is proposing in new engaged in significant manufacturing bulk drug product components would § 601.2(c) to eliminate the requirement steps. parallel the requirements set forth in for a separate ELA for well- These proposed changes would part 211. (See 43 FR 45076.) Because characterized biotechnology products facilitate a company’s ability to contract well-characterized biotechnology licensed under the PHS Act. This out manufacture of its well- products can be susceptible to proposed regulation would require that characterized biotechnology products. contamination, adequate control over 2736 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules bulk manufacturing is important. FDA characterized therapeutic recombinant are pending on the effective date of intends to use the standards of part 211 DNA-derived and monoclonal antibody these regulations would be reviewed as as guidelines during inspections of products per letters to manufacturers submitted. No new submission would manufacturers of bulk drug substance and notice in the Federal Register of be necessary to implement this rule and bulk drug product components, December 8, 1995, (60 FR 63048.)), change for these products. If found under the jurisdiction of the act, to help 610.9, 610.10, 610.11a, 610.12 acceptable for licensure, FDA would ensure that a well-characterized (Equivalent methods or processes issue a biologics license in lieu of biotechnology product will have the possible under § 610.9.), 610.13, 610.14, issuing both a product and proper raw materials controls, process 610.15, 610.17, 610.18, 610.30, 610.40, establishment license. Any company validation and controls, and sensitive 610.41, 610.45 (Sections 610.40 through planning to file a PLA or an ELA prior and validated test methods and 610.45 apply to blood and blood to April 1996 should contact the agency specifications that are necessary to components used in the manufacture of for guidance. FDA specifically asks for assure the safety, purity, potency, and a well-characterized biotechnology comments on how transition issues effectiveness of the product. product.), 610.50, 610.60, 610.61, should be handled. 610.63, 610.64, 610.65, and parts 606 C. Applicability of Current Regulations FDA anticipates that applicants (potential applicability to blood and (Parts 600–680). already holding an approved ELA and blood components only); 640 (potential PLA for a well-characterized In order to harmonize the regulatory applicability to blood and blood biotechnology product would not be standards applied by CBER and CDER in products only); and 680 (would apply required to file supplements to comply their review of applications for well- only to a well-characterized with the new requirements. The characterized biotechnology products, biotechnology allergenic product). approved PLA for a well-characterized FDA is proposing to exempt well- The following sections would be biotechnology product, together with characterized biotechnology products exempted from applicability to well- the limited portions of the approved licensed under the PHS Act from certain characterized biotechnology products: ELA relevant to the new requirements requirements found in parts 600 through §§ 600.10(b) and (c), 600.11, 600.12, for the biologics license application, 680. The regulations that have not been 600.13, 601.1, 601.30, 601.31, 601.32, would be deemed to constitute an excluded in this proposed rule are those 610.11, 610.53, and 610.62. approved biologics license application that FDA believes are necessary to The following sections by their terms under the new regulations. ensure the safety, purity, and potency of would not be applicable to well- well-characterized biotechnology characterized biotechnology products: IV. Proposed Effective Date products; are essentially the same as §§ 600.15, 601.3(a), 601.10, 601.25, FDA proposes that a final rule those found in comparable regulations 601.26, 610.16, 610.19, 610.20, 610.21, resulting from this proposal become governing drug products; may not be and parts 607, 620, 630, 650, and 660. effective upon its date of publication in applicable by their terms to well- FDA is proposing to exempt well- the Federal Register. As provided under characterized biotechnology products; characterized biotechnology products 5 U.S.C. 553(d) and 21 CFR 10.40(c)(4), or are ones that are targeted for revision. from the requirements of § 610.11, the effective date of a final rule may not FDA requests comments on whether which sets out procedures for a general be less than 30 days after publication, well-characterized biotechnology safety test for biological products. FDA except for, among other things, ‘‘a products should be exempted from believes that a general safety test regulation that grants an exemption or requirements in parts 600 through 680 requirement is not necessary to ensure relieves a restriction’’ (§ 10.40(c)(4)(i)). not identified for exclusion in this the safety, purity, and potency of a well- Because, as described below, this rule proposal, or whether certain regulations characterized biotechnology product. would decrease the regulatory burdens exempted in this proposed rule should With in-process control and process for well-characterized biotechnology remain applicable. FDA also requests validation and product testing, the products, FDA believes that an comments on whether well- identity of the well-characterized immediate effective date is appropriate. characterized devices licensed under biotechnology product can be the PHS Act, should such products be determined, its purity can be controlled V. Analysis of Impacts identified, would need to be exempted and quantified, its activity and quantity A. Reduction in Burden from the same or different requirements can be measured, and the end-product in parts 600 through 680. release specifications can be validated. The proposed harmonization of the The following lists set forth those The agency believes that specific requirements would reduce burden on provisions that FDA proposes would analytical tests that are available for industry because companies remain applicable, those that FDA these products will provide a better manufacturing well-characterized proposes to exempt from applicability to assessment of safety than the general biotechnology products that are well-characterized biotechnology safety test. regulated by both CBER and CDER products, and those that would not be FDA is also proposing to exempt well- would be able to submit applications for applicable by their terms to well- characterized biotechnology products products in a consistent format. characterized biotechnology products. from § 610.62, which sets out Companies developing and The following sections would remain requirements for position and manufacturing well-characterized applicable to well-characterized prominence of the proper name of the biotechnology products regulated by biotechnology products: § § 600.3, product on the package label. FDA CBER would no longer have to prepare 600.10(a), 600.14, 600.20, 600.21, believes that the requirements in an ELA to submit to the agency for 600.22, 600.80, 600.81, 600.90, 601.2, § 201.10(g) are adequate to assure the approval. The amount of information 601.3(b), 601.4, 601.5, 601.6, 601.7, appropriate identification of these that applicants would need to provide 601.8, 601.9, 601.12, 601.20, 601.21, products. in a biologics license application would 601.22, 601.33, 601.40, 601.41, 601.42, be less than that currently required in a 601.43, 601.44, 601.45, 601.46, 601.50, D. Transition Issues. PLA and ELA. These proposed changes 601.51, 610.1, 610.2 (Lot-by-lot release Any well-characterized biotechnology would enable companies to devote more eliminated for licensed well- product for which a PLA and an ELA resources to ensuring that Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2737 manufacturing processes are properly In accordance with the principles of With respect to the following validated and fewer resources to Executive Order 12866, the overall collection of information, FDA invites submitting documentation to the result of the proposed rule would be a comments on: (1) Whether the proposed agency. These changes would especially substantial reduction in burdens on collection of information is necessary benefit biotechnology companies that applicants filing for approval of a well- for the proper performance of FDA’s lack experience preparing ELA’s and characterized biotechnology product. In functions, including whether the PLA’s. According to the biotechnology addition, FDA anticipates that the information will have practical utility; industry, preparation and submission of proposed rule would facilitate (2) the accuracy of FDA’s estimate of the an ELA may add substantially to the applicants’ ability to improve their burden of the proposed collection of cost of obtaining approval of a well- licensed products and methods of information, including the validity of characterized biotechnology product. manufacture by decreasing the burden the methodology and assumptions used; The inclusion of parts 210 and 211 in and cost associated with filing an (3) ways to enhance the quality, utility, the proposed rule as establishment application. and clarity of the information to be standards would not impose any The Regulatory Flexibility Act collected; and (4) ways to minimize the burden of the collection of information additional burden on industry. Human requires agencies to analyze regulatory on respondents, including through the drugs, including well-characterized options that would minimize any use of automated collection techniques, biotechnology products, are already significant impact of a rule on small when appropriate, and other forms of subject to the CGMP’s in parts 210 and entities. Because, as stated previously, information technology. 211. the overall result of the proposed rule Title: Well-characterized would be a substantial reduction of the Biotechnology Products; Elimination of B. Review Under Executive Order 12866 regulatory and reporting burdens, the Establishment License Application. and the Regulatory Flexibility Act agency certifies that the proposed rule Description: FDA is proposing to would not have a significant negative FDA has examined the impact of the eliminate the requirement that an ELA economic impact on a substantial proposed rule under Executive Order be submitted and approved by FDA for 12866 and the Regulatory Flexibility Act number of small entities. Therefore, those well-characterized biotechnology (Pub. L. 96–354). Executive Order 12866 under the Regulatory Flexibility Act, no products that are licensed by CBER. For directs agencies to assess all costs and further analysis is required. these products, in place of the ELA, a benefits of available regulatory C. Review Under the Paperwork company would be required to prepare alternatives and, when regulation is Reduction Act of 1995 and submit additional information for necessary, to select regulatory inclusion in a single biologics license approaches that maximize net benefits This proposed rule contains application, which would be the same (including potential economic, information collection requirements as the information included in the environmental, public health and safety, which are subject to review by the ‘‘Chemistry, manufacturing, and and other advantages; distributive Office of Management and Budget controls’’ (CMC) section of a NDA. This impact; and equity). The agency (OMB) under the Paperwork Reduction proposed regulation would harmonize believes that this proposed rule is Act of 1995. The title, description and the approval and other regulatory consistent with the regulatory respondent description of the requirements for all well-characterized philosophy and principles identified in information collection are shown below biotechnology product under the PHS the Executive Order. In addition, the with an estimate of the annual reporting Act or approved as a drug under the proposed rule is a significant regulatory burden. Included in the estimate is the new drug provisions of the act. action as defined by the Executive Order time for reviewing instructions, Description of Respondents: All and is subject to review under the gathering and maintaining the data applicants for a biological product Executive Order because it deals with a needed, and completing and reviewing license to be approved under the Public novel policy issue. the collection of information. Health Service Act.

Estimated Annual Reporting Burden Number of Frequency of Re- CFR Section Respondents sponses Total Annual Responses Hours per Response Total Hours

601.2(c) 1 1 1 40 40

Reporting or Disclosure: These collection. The number of respondents industry’s view of the number of firms estimates are an approximation of the is dependent in part, on the definition and products affected by the collections average time expected to be necessary of ‘‘well-characterized biotechnology of information requirements contained for a collection of information. They are products,’’ now under review by the in this proposed rule. based on such information as is agency. At the present time, FDA The agency has submitted a copy of available to FDA. There are no capital estimates the number of respondents at this proposed rule to OMB for its review costs or operating and maintenance one a year. The agency seeks comment of these information collections. costs associated with this information on these estimates, particularly the Interested persons are requested to send 2738 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules comments regarding this information Authority: Secs. 201, 501, 502, 503, 505, standards of safety, purity, and potency; collection, including suggestions for 510, 519, 701, 704 of the Federal Food, Drug, with respect to each nonclinical reducing this burden, to the Office of and Cosmetic Act (21 U.S.C. 321, 351, 352, laboratory study, either a statement that Information and Regulatory Affairs, 353, 355, 360, 360i, 371, 374); secs. 215, 351, 352, 353, 361, 2125 of the Public Health the study was conducted in compliance OMB, New Executive Office Bldg., 725 Service Act (42 U.S.C. 216, 262, 263, 263a, with the requirements set forth in part 17th St. NW., rm. 10235, Washington, 264, 300aa–25). 58 of this chapter, or, if the study was DC 20503, Attn: Desk Officer for FDA. not conducted in compliance with such Submit written comments on the 4. Section 600.3 is amended by revising paragraph (t) to read as follows: regulations, a brief statement of the information collection by February 28, reason for the noncompliance; 1996 but not later than March 29, 1996. § 600.3 Definitions. statements regarding each clinical * * * * * investigation involving human subjects D. Environmental Impact (t) Manufacturer means any legal contained in the application, that it person or entity engaged in the either was conducted in compliance The agency has determined under 21 manufacture of a product subject to with the requirements for institutional CFR 25.24(a)(8) that this action is of a license under the act; ‘‘Manufacturer’’ review set forth in part 56 of this type that does not individually or also includes an applicant for a license chapter or was not subject to such cumulatively have a significant effect on for a well-characterized biotechnology requirements in accordance with the human environment. Therefore, product. §§ 56.104 or 56.105 of this chapter, and neither an environmental assessment * * * * * was conducted in compliance with nor an environmental impact statement requirements for informed consent set is required. PART 601ÐLICENSING forth in part 50 of this chapter; a full description of manufacturing methods; Interested persons may, on or before 5. The authority citation for 21 CFR data establishing stability of the product February 28, 1996, submit to the part 601 continues to read as follows: Dockets Management Branch (address through the dating period; sample(s) above) written comments regarding the Authority: Secs. 201, 501, 502, 503, 505, representative of the product to be sold, 510, 513–516, 518–520, 701, 704, 721, 801 of bartered, or exchanged or offered, sent, proposal. Two copies of any comments the Federal Food, Drug, and Cosmetic Act (21 are to be submitted, except that U.S.C. 321, 351, 352, 353, 355, 360, 360c– carried or brought for sale, barter, or individuals may submit one copy. 360f, 360h–360j, 371, 374, 379e, 381); secs. exchange; summaries of results of tests Comments are to be identified with the 215, 301, 351, 352 of the Public Health performed on the lot(s) represented by docket number found in brackets in the Service Act (42 U.S.C. 216, 241, 262, 263); the submitted samples; and specimens heading of this document. Two copies secs. 2–12 of the Fair Packaging and Labeling of the labels, enclosures, and containers of all comments are to be submitted, Act (15 U.S.C. 1451–1461). proposed to be used for the product. An except that individuals may submit one 6. Section 601.2 is amended by application for license shall not be copy. The comments received are adding a sentence at the end of considered as filed until all pertinent available for public examination in the paragraph (a) and by adding a new information and data have been Dockets Management Branch between 9 paragraph (c) to read as follows: received from the applicant by the a.m. and 4 p.m., Monday through Center for Biologics Evaluation and Friday. Submit written comments on the § 601.2 Applications for establishment and Research. The applicant shall also information collection requirements to product licenses; procedures for filing. include either a claim for categorical the Office of Information and Regulatory (a) * * * In lieu of the procedures exclusion under § 25.24 of this chapter Management, OMB (address above). described in this paragraph, or an environmental assessment under applications for well-characterized § 25.31 of this chapter. List of Subjects biotechnology products shall be handled as set forth in paragraph (c) of (2) Approval of the biologics license 21 CFR Part 600 this section. application and issuance of the Biologics, Reporting and biologics license shall constitute a * * * * * determination that the establishment recordkeeping requirements. (c) Well-characterized biotechnology and the product meet applicable products. (1) To obtain marketing 21 CFR Part 601 standards established in this chapter to approval for a well-characterized ensure the continued safety, purity, and Administrative practice and biotechnology product, an applicant procedure, Biologics, Confidential shall submit to the Director, Center for potency of such products. Applicable business information. Biologics Evaluation and Research, a standards for the maintenance of Therefore, under the Federal Food, biologics license application on a form establishments for the manufacture of Drug, and Cosmetic Act and the Public prescribed by the Director, Center for well-characterized biotechnology Health Service Act, and under authority Biologics Evaluation and Research. For product shall include the good delegated to the Commissioner of Food such well-characterized biotechnology manufacturing practice requirements set and Drugs, it is proposed that 21 CFR products, a separate establishment forth in parts 210 and 211 of this parts 600 and 601 be amended as license application shall not be chapter. The following sections in parts follows: required. An application for a license 600 through 680 of this chapter shall not for a well-characterized biotechnology be applicable to well-characterized PART 600ÐBIOLOGICAL PRODUCTS: biotechnology products: § § 600.10(b) GENERAL product shall include: Data derived from nonclinical laboratory and clinical and (c), 600.11, 600.12, 600.13, 601.1, 3. The authority citation for 21 CFR studies that demonstrate that the 601.30, 601.31, 601.32, 610.11, 610.53, part 600 continues to read as follows: manufactured product meets prescribed and 610.62 of this chapter. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2739

(3) The term ‘‘product license Management Branch (HFA–305), Food announced the review of certain general application,’’ as it is used in those and Drug Administration, 12420 biologics and blood and blood product sections of parts 600 through 680 of this Parklawn Dr., rm. 1–23, Rockville, MD regulations by CBER to identify those chapter that are applicable to well- 20857. Submit written comments on the regulations that are outdated, characterized biotechnology products, information collection requirements to burdensome, inefficient, duplicative, or shall include a biologics license the Office of Information and Regulatory otherwise unsuitable or unnecessary. application for a well-characterized Affairs, OMB, New Executive Office The President’s memorandum of biotechnology product. Bldg., 725 17th St. NW., rm. 10235, March 4, 1995, entitled ‘‘Regulatory (4) To the extent that the requirements Washington, DC 20503, Attn: Desk Reinvention Initiative’’ sets forth four in this paragraph conflict with other Officer for FDA. steps toward regulatory reform, one of requirements in this subchapter, this FOR FURTHER INFORMATION CONTACT: which instructs agencies to revise those paragraph (c) shall supercede such other Tracey H. Forfa or Timothy W. Beth, regulations that are in need of reform. requirements. Center for Biologics Evaluation and FDA believes that this proposed Research (HFM–630), Food and Dated: January 8, 1996. regulation is in keeping with these Drug Administration, 1401 William B. Schultz, principles without compromising the Rockville Pike, suite 200N, agency’s duty and commitment to Deputy Commissioner for Policy. Rockville, MD 20852–1448, 301– protect the public health. The [FR Doc. 96–1582 Filed 1–25–96; 10:42 am] 594–3074 President’s memorandum of April 21, BILLING CODE 4160±01±F or; 1995, directs Federal agencies to reduce Yuan Yuan Chiu, Center for Drug the frequency of regularly scheduled Evaluation and Research (HFD– reports that the public is required, by 21 CFR Parts 314, 600, and 601 820), Food and Drug rule or policy, to provide to the Federal [Docket No. 95N±0329] Administration, 5600 Fishers Lane, government. In addition, the November Rockville, MD 20857, 301–443– RIN 0910±AA57 1995, Presidential National Performance 3510. Review report entitled ‘‘Reinventing the SUPPLEMENTARY INFORMATION: Changes to an Approved Application Regulation of Drugs Made From I. Introduction Biotechnology,’’ focused on FDA’s AGENCY: Food and Drug Administration, A. Background efforts to reform the regulation of HHS. This proposed rule is issued in biotech drugs used for therapy. ACTION: Proposed rule. accordance with the principles set forth FDA also held a public meeting on January 26, 1995, to discuss the SUMMARY: The Food and Drug in the Regulatory Flexibility Act of 1990 retrospective review effort. The public Administration (FDA) is proposing to (Pub. L. 96–354), Executive Order meeting was a forum for the public to amend the biologics regulations for 12866; the President’s memorandum of voice its comments regarding the reporting changes to an approved March 4, 1995, announcing the retrospective review of regulations being application in order to reduce ‘‘Regulatory Reinvention Initiative;’’ the undertaken by CBER. unnecessary reporting burdens on President’s memorandum of April 21, applicants holding licenses approved in 1995, entitled, ‘‘Regulatory Reform— Many of the comments submitted to the Center for Biologics Evaluation and Waiver of Penalties and Reduction of the public docket regarding the CBER Research (CBER) under the Public Reports;’’ the April 1995 Publication retrospective regulations review were Health Service Act (the PHS Act) to ‘‘Reinventing Drug and Medical Device requests to revise § 601.12 Changes to be manufacture biological products. In Regulations, and the November 1995, reported (21 CFR 601.12). Most of those addition, FDA is proposing to amend Presidential National Performance comments requested revision of the the corresponding drug regulations for Review report ‘‘Reinventing the regulation to reduce the burden on submitting supplements for and Regulation of Drugs Made From applicants of reporting changes to an reporting changes to an application Biotechnology.’’ The Regulatory approved application. As part of the approved under the Federal Food, Drug, Flexibility Act requires Federal agencies CBER regulatory review initiative, and and Cosmetic Act (the act) for well- to consider the burden a rule may have in response to the comments received, characterized biotechnology products on small business entities through a FDA published in the Federal Register reviewed in the Center for Drug regulatory flexibility analysis and to of April 6, 1995 (60 FR 17535), a Evaluation and Research (CDER) to periodically review its rules to document entitled, ‘‘Changes to Be harmonize the drug and biologics determine if regulatory burdens may be Reported for Product and Establishment regulations. These actions are part of reduced. Executive Order 12866 directs License Applications; Guidance.’’ The FDA’s continuing effort to achieve the Federal agencies and the Office of guidance document set forth FDA’s objectives of the President’s Information and Regulatory Affairs current interpretation of § 601.12 and ‘‘Reinventing Government’’ initiatives. (OIRA) to implement measures that will was intended to reduce the reporting reform and make the regulatory process burden as well as facilitate the timely DATES: Written comments on this more efficient. implementation of certain changes by proposed rule by April 29, 1996. Submit Under Executive Order 12866, FDA manufacturers. The guidance document written comments on the information published a document in the Federal was the first step in a reinventing collection requirements by February 28, Register on January 20, 1994 (59 FR Government initiative outlined in the 1996, but not later than March 29, 1996. 3043), that announced FDA’s plan to April 1995 publication ‘‘Reinventing The agency proposes that any final rule review and evaluate all significant Drug and Medical Device Regulations.’’ that may issue based on this proposal regulations for their effectiveness in Concurrently, CBER’s Office of Blood become effective immediately upon its achieving public health goals and in Research and Review (OBRR), in letters date of publication in the Federal order to avoid unnecessary regulatory to applicants and an industry trade Register. burden. FDA published two documents organization and in presentations at a ADDRESSES: Submit written comments in the Federal Register of June 3, 1994 January 30 and 31, 1995, ‘‘Licensing on this proposed rule to the Dockets (59 FR 28821 and 28822), that Blood Establishments’’ workshop, 2740 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules communicated FDA’s interpretation of B. Summary of the Proposed Rule characterized biotechnology products § 601.12 as it applies to blood that provides that manufacturing 1. Summary of Changes to § 600.3— changes to these products would be establishments. OBRR discussed Definitions categories of changes that blood handled as described in proposed establishments could implement There has been much confusion § 601.12(b), (c), and (d) with regard to without supplement submission and regarding the use of the words preapproval, notification, and FDA approval. These categories include ‘‘supplement’’ and ‘‘amendment’’ in submission in annual reports instead of noncritical standard operating relation to license applications for as described in § 314.70 (a), (b), (c), and procedures, certain personnel changes, biological products approved under (d). However, labeling changes would and some facility changes. During a 9- section 351 of the PHS Act. In order to not be affected by the proposed change. month period (October 1994 to June clarify the use of these terms, and to facilitate a clearer understanding of the 3. Summary of Proposed § 601.12— 1995), CBER received over 850 such Changes to an Approved Application submissions that were not required to proposed revision of § 601.12, FDA is await FDA approval. proposing to amend § 600.3 (21 CFR Section 601.12 currently requires that 600.3) to include definitions of important proposed changes in location, The agency is proposing to revise ‘‘supplement’’ and ‘‘amendment.’’ equipment, management and § 600.3 (21 CFR 600.3) and § 601.12 to Previously, a change submitted to an responsible personnel, or in permit more substantial report approved biological product license manufacturing methods and labeling, be reduction as the second step in the application (PLA) or establishment reported to the Director, CBER, not less President’s reinvention initiative. FDA license application (ELA) was termed an than 30 days in advance of the time is also proposing to add § 314.70(g) (21 ‘‘amendment.’’ In order to achieve such changes are intended to be made. CFR 314.70(g)) which would apply to consistency with CDER in implementing Proposed changes in manufacturing well-characterized biotechnology the Prescription Drug User Fee Act of methods and labeling may not become products approved under the act to 1992 (PDUFA)(21 U.S.C. 301, et seq.), effective until notification of acceptance harmonize CDER and CBER CBER began using the term is received from the Director, CBER. postapproval reporting requirements. ‘‘amendment’’ to refer to a change In comments made to the public FDA published a definition of a well- submitted to a pending license docket and at the January 26, 1995, characterized therapeutic recombinant application or supplement, and the term public meeting, representatives from the deoxyribonucleic acid (DNA)-derived ‘‘supplement’’ to refer to a change biologics industry requested that FDA and monoclonal antibody biotechnology submitted to an approved license modify § 601.12 to be more flexible and product in a document published in the application. A change to an unapproved less burdensome. The representatives Federal Register of December 8, 1995, (pending) new drug application (NDA) also asked that a category system of (60 FR 63048), as follows: is also referred to as an ‘‘amendment’’ changes to be reported be implemented, A chemical entity(ies) whose identity, and a change submitted to an approved which would include changes that purity, impurities, potency, and quantity can NDA is also referred to as a could be made without prior approval be determined and controlled. ‘‘supplement.’’ Under this proposed and those that would be required to be Identity: rule, § 600.3(ff) would define the term described in an annual report. Several a. Recombinant DNA Biotechnology ‘‘amendment’’ as the submission of comments requested that CBER make Products information to an unapproved license the reporting process comparable to The primary structure is known (i.e., application or supplement. Such § 314.70 Supplements and other amino acid sequence), and information could include additional changes to an approved application The secondary structure is known (e.g., information or reanalysis of data which sets out three categories of disulfide linkage), and previously submitted, to revise or notification of changes that are reported Post-translational modifications are known modify the application as originally to FDA. These include: Supplements (e.g., glycosylation), or submitted. Section § 600.3(gg) would requiring FDA approval before the b. Monoclonal Antibodies define a ‘‘supplement’’ as a request to change is made, supplements for The identity can be determined by rigorous the Director, CBER, to approve a change changes that may be made before FDA physicochemical and immunochemical to an approved license application. A approval (changes being effected), and characterization without fully knowing its supplement would ordinarily contain a changes described in an annual report. chemical structure description of the proposed change and Another comment stated that Purity and impurities: the data and information supporting the regulations should not stand as a barrier The purity is quantifiable. change. to manufacturing process improvement The impurities are quantifiable, and FDA believes that defining these by requiring the filing of a supplement identified if feasible terms in the regulations will simplify and CBER approval for even minor Potency and quantity: the approval process for applicants, changes and improvements in the The biological activity is measurable. minimize misunderstanding between manufacturing process. The quantity is measurable. CBER and the biologics industry, and The regulatory scheme that the agency Well-characterized therapeutic harmonize the use of the terms within is now proposing responds to these and recombinant DNA-derived or monoclonal CBER and CDER. other requests from the public. In antibody biotechnology product require response to the comments, FDA proper raw materials controls, process 2. Section 314.70—Changes to an undertook an informal review of the validation and controls, and sensitive and Approved Application types of changes that had historically validated test methods and specifications. To ensure consistent treatment of been subject to prior approval and the FDA plans to hold an open public well-characterized biotechnology- impact such changes had on products meeting that will be announced in a derived products within CBER and and establishments. FDA also examined future issue of the Federal Register CDER, conforming amendments to the existing requirements applicable to during the comment period of this § 314.70 are also being proposed. drugs and devices approved under the proposed rule to facilitate public Specifically, FDA is proposing an act; in particular, the regulations found discussion. exception in § 314.70(g) for well- in §§ 314.70 and 814.39 (21 CFR Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2741

814.39). FDA used this information to submission of the final printed label in changes falling into each category and to develop categories of reportable changes an annual report. Promotional labeling modify the documents as needed to and criteria for assigning a change to the and advertising would be required to be reflect changes in science and appropriate category. submitted in accordance with the technology. Notices of availability for FDA is now proposing a three- requirements of § 314.81(b)(3)(i)(21 CFR drafts of guidance documents for category scheme for changes in the 314.81((b)(3)(i)). reporting changes to most biological product, production process, Although the proposed decrease in products and to well-characterized equipment, facilities, or responsible reporting and approval requirements recombinant DNA-derived and personnel that would eliminate FDA and the corresponding reduction in the monoclonal antibody biotechnology approval of certain reportable changes agency’s role in reviewing changes products are published elsewhere in and create a category of changes that before they are implemented does this issue of the Federal Register. FDA would be described in an annual report. present some risks to product safety, is seeking comment on the use of In addition to these two categories, there purity, potency, and effectiveness, the guidance documents in conjunction is a category of changes which would agency believes that these risks are with a final rule that may result from require approval prior to distribution. minimal. Under the proposed rule the this proposal. FDA is also soliciting The agency believes that this proposed applicant would be required to comment on the appropriate rule reduces unnecessary reporting and document that each change has no categorization of specific changes approval of changes for biologics adverse effect on the safety, purity, enumerated in this proposal and the licensed under the PHS Act consistent potency, or effectiveness of the product. guidance documents. In the Federal with the corresponding regulations Such documentation would include Register of October 25, 1995, (60 FR applicable to drugs and devices appropriate validation and/or other 54695), FDA announced that a approved under the act. These studies. In some cases clinical data workshop would be held on December categories would include: (1) would be necessary and in other cases 11 through 13, 1995, to discuss the Supplement submission and approval it would not. Applicants would be definition of a well-characterized prior to distribution of a product made required to maintain records of the biotechnology product. Information using a proposed change that has a validation and study data under existing from this workshop will help FDA to substantial potential to have an adverse CGMP requirements. For those changes refine its definition of a well- effect on a product’s safety, purity, no longer requiring supplement characterized biotechnology product. approval, FDA review would shift to potency, or effectiveness; (2) FDA also anticipates that applicants postmarketing review including notification not less than 30 days prior could consult with the office which has to distributing a product made using a inspections of manufacturing facilities. The proposed rule includes some product or establishment responsibility change that has a moderate potential to in CBER, or the Office of New Drug have an adverse effect on a product’s specific examples of changes that fall Chemistry in CDER, regarding safety, purity, potency, or effectiveness; into a particular category, but does not appropriate objectives and design of and (3) an annual report describing attempt to set out a comprehensive list studies to validate and document the changes that have minimal potential to of the changes included in each potential for adverse effect of a have an adverse effect on a product’s category. The agency recognizes that proposed change for a particular safety, purity, potency, or effectiveness. scientific and technological advances product prior to committing the The agency does not intend that this may change the need for supplement resources for such studies. Guidance on rule would apply to normal approval and/or reporting of many types the appropriate reporting mechanism maintenance and repair which would of changes. Moreover, the potential for would also be available from these continue to be documented as it is now a particular change to adversely affect a by firms under applicable current good product’s safety, purity, potency, or offices. manufacturing practice (CGMP) effectiveness may differ for different The proposed rule would authorize regulations (21 CFR parts 210, 211, 606, products. FDA recognizes that a change the Directors of CBER and CDER, or and 820). The proposed revision also made to a less well-characterized their designees under 21 CFR part 5, to includes new § 314.70(g) for well- product could fall into a different make decisions under the provisions of characterized biotechnology products to reporting category than the same change the rule as they apply to their respective make the requirements for changes made to a product that was adequately centers. made to such products consistent characterized using analytical and within CBER and CDER. functional tests. For example, scale up The agency expects that applicants The proposed revision also sets out a of a purification process may have a would update their marketing separate, three-category reporting greater impact on a live virus vaccine applications in an annual report to system for biological product labeling than it may on a well-characterized assure that they accurately reflect changes. This scheme differs slightly recombinant DNA-derived purified current conditions. FDA is seeking from the scheme for proposed changes protein. The agency believes that it can comments on mechanisms that industry in the product, production process, more readily respond to advances in and the public believe may be equipment, facilities, or responsible technology, differences among products, appropriate for the periodic update of personnel, and is consistent with and knowledge gained from experience marketing applications. This proposed requirements for labeling changes by creating a rule that sets out general rule would require that some changes in applicable to drugs approved under the categories of changes. FDA recognizes, manufacturing be submitted annually. act. A change to a product package however, that applicants need clear CBER does not currently require, nor label, container label, or package insert guidance on how the agency intends to would this proposed rule require, that would require one of the following: (1) interpret the rule in order to efficiently the annual report include additional Submission of a supplement with FDA produce products and adhere to information that is submitted for a drug approval required prior to product regulatory requirements. Accordingly, approved under the act under distribution; (2) submission of a FDA intends to make available guidance § 314.81(b)(2). FDA requests comment supplement with product distribution documents to describe the agency’s on whether the annual report for a allowed prior to FDA approval; or (3) current interpretation of specific biological product licensed under the 2742 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

PHS act should include the information the applicant to submit a supplement agency approval of changes that have described in § 314.81(b)(2). containing a detailed description of the only a moderate potential to have an The proposed rule does not address proposed change, the products adverse effect on the safety, purity, requirements for submitting changes to involved, the manufacturing sites or potency, or effectiveness of a product. a pending license application or areas affected, a description of the Changes that have moderate potential to supplement. Applicants currently methods used and studies performed to affect a product’s safety, purity, submit amendments to pending evaluate the effect of the change on the potency, or effectiveness are changes applications in order to comply with the product’s safety, purity, potency, and that do not have as high a probability for requirement in the PHS Act that a effectiveness, the data derived from causing an adverse effect as those for biologic product distributed for sale, clinical and/or nonclinical laboratory which the agency proposes to require barter, or exchange in interstate studies, relevant validation protocols supplement approval. Under current commerce must be manufactured in and data, and a reference list of the § 601.12, the agency requires FDA accordance with its license, and the relevant standard operating procedures approval of all important proposed regulations in § 601.2 that set out the (SOP’s). Approval of the supplement by changes to a product, and requires that information and data that must be the Director, CBER, would be required all important proposed changes in submitted in such license applications. prior to distributing product made using manufacturing methods and labeling FDA intends to consider whether the change. await such approval before they may be specific requirements for submitting FDA proposes to enumerate the distributed. FDA is now proposing to amendments to pending applications following changes that have a require that applicants notify the agency should be included when the agency substantial potential to have an adverse not less than 30 days prior to undertakes a review of the licensing effect on a product’s safety, purity, distributing a product made with a requirements in part 601 (21 CFR part potency, or effectiveness: A new change in the product, production 601). indication, route of administration, process, equipment, facilities, or dosing schedule, dosage form, or 4. Analysis of § 601.12—Changes to An responsible personnel that has moderate formulation; the addition, removal, or Approved Application potential to have an adverse effect on reordering of the step(s) of the licensed the product, but to permit a product to a. Changes requiring supplement production process; and the conversion be distributed after the 30-day period submission and approval prior to of a single product manufacturing area has elapsed without awaiting FDA distribution of product made using the to a multiproduct manufacturing area. approval. These notifications would not change. Currently, all important The agency believes that the need for be considered supplements requiring proposed changes made by applicants FDA premarket approval of these approval. Thus, many changes that now must be reported not less than 30 days significant changes is unlikely to vary require FDA approval as supplements in advance of the time such changes are with technological advances or due to intended to be made. Such changes in could be implemented rapidly through differences among products, and that the notification process without the manufacturing methods and labeling these changes should be enumerated in may not become effective until prior submission of a supplement. For the rule. example, based on FDA’s experience in notification of acceptance is received Other examples of changes that have reviewing submissions, the agency from the Director, CBER. Accordingly, caused detrimental effects on the safety, currently believes that minor changes in CBER requires approval of all important purity, potency, or effectiveness of fermentation batch size using the same changes in manufacturing methods and products, even where applicants equipment and resulting in no change in labeling before such changes are performed validation or other studies, specifications of the bulk or final implemented. FDA continues to believe include process changes or changes in that it is important that the agency analytical methods that result in a product, and increases or decreases in review data regarding any change that change of specification limits and the purification scale, not associated has a substantial potential to have an addition of a new location for with a process change or different adverse effect on the safety, purity, manufacture. FDA believes that the equipment, have moderate potential to potency, or effectiveness of the product, agency’s continued prior review and have an adverse effect on the product. prior to distribution of the product approval of such changes is currently In the notification, an applicant made using the change, to assess necessary to protect the public from would be required to provide the agency whether the change will have a products whose safety, purity, potency, with a clear description of the change, detrimental impact on the licensed or effectiveness may be compromised. the product or products involved, the product with regard to its safety, purity, However, FDA is proposing to describe manufacturing sites or areas involved, a potency, effectiveness, and consistency these, and additional, specific examples brief description of the validation and/ in biological and clinical characteristics. of changes that CBER currently believes or other clinical and/or nonclinical Proposed § 601.12(b)(1) would require have substantial potential to adversely laboratory studies conducted to analyze an applicant to submit a supplement for affect the product, in guidance, rather the effect of the change on the safety, approval to the Director, CBER, for any than enumerate them in the rule. FDA purity, potency, and effectiveness of the proposed change in the product, anticipates that scientific advances and product, the dates of any such studies, production process, equipment, or future experience may reduce the need reference to any SOP’s used to complete facilities that has a substantial potential for premarket approval of certain the studies, and a summary of the to have an adverse effect on the changes and believes that the agency relevant data or information. During the product’s safety, purity, potency, or will be able to respond readily to 30-day period, FDA would review the effectiveness. These changes have the changed circumstances by revising notification to determine if it was highest probability to adversely affect guidance that interprets the rule. properly submitted as a notification. If the product’s safety, purity, potency, or b. Changes requiring notification not FDA agreed that the change described effectiveness, and, in most instances, are less than 30 days prior to distributing was of the type that had moderate integral to the manufacturing process or product made using the change. FDA potential to adversely affect the safety, product production equipment. believes that the public health can be purity, potency, or effectiveness of the Proposed § 601.12(b)(1) would require adequately protected by eliminating product, and the notification included Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2743 all of the required information, the applicant’s license application file. FDA purity, potency, or effectiveness be applicant could begin distribution of a anticipates that the agency could required to be described by the product made using the change 30 days conduct a more extensive review of data applicant in an annual report. The after FDA’s receipt of the notification. supporting the notification during annual report would be required to be Under the proposed rule, FDA would inspections if necessary. submitted each year within 60 days of ordinarily contact the applicant before FDA believes that a notification the anniversary date of approval of the the expiration of the 30-day period if the process, as described above, for changes application. FDA believes that the agency determined that the change was that have a moderate potential to affect agency can effectively assess improperly submitted as a notification. the safety, purity, potency, or compliance with this section and CGMP If FDA informed the applicant within effectiveness of the product would requirements for changes that have the 30-day period that the submission protect against the distribution of unsafe minimal potential to adversely affect the did not meet the requirements for a or ineffective products while speeding product’s safety, purity, potency, or notification, the applicant would be the availability of improved products. effectiveness by having ready access to required to correct the deficiencies in Under the proposed rule, applicants information regarding such changes the information submitted before would be required to demonstrate, through the submission of an annual distributing the product. Depending on through appropriate validation or other report and by inspection. Applicants the problem, FDA would respond in one studies, that a change has no adverse would be required to include in the of two ways: (1) If the change was of the effect on the safety, purity, potency, and annual report a listing of all products type that presented a substantial effectiveness of the product. Applicants involved, a brief description of and potential to adversely affect the safety, would be required to briefly describe reason(s) for the change, the purity, potency, or effectiveness of the the studies and data in the notification. manufacturing sites or areas involved, product, the agency would inform the While a full description of the studies the date each change was made, and a applicant that the change should be would not be required to be submitted cross-reference to any validation submitted as a supplement and the in a notification, as it generally would protocols and/or SOP’s. Both the applicant would be required to await be in a supplement, applicants would be applicant and FDA could use this FDA approval before product produced required to maintain the data in records information to assess whether problems with the change could be distributed; or that are available for FDA inspection which may arise with products are (2) if the change was of the type that under existing CGMP’s. The 30-day related to such changes. Under could properly be submitted as a period that would be required to elapse proposed § 601.12(a), the applicant notification, but the required before products made using the change would be required to perform information was incomplete, the could be distributed would permit the appropriate validation or other studies applicant would be required to supply agency to redirect submissions for to demonstrate the lack of adverse effect the missing information and wait until changes that could substantially affect on the safety, purity, potency, and FDA determined compliance with this product safety, purity, potency, or effectiveness of the product. Applicants section before distributing the product. effectiveness to the supplement would maintain records of such studies FDA intends, during the 30 days, to approval process before the product under existing CGMP requirements. focus its review on determining whether entered the market. In addition, the As a result of FDA’s experience in the applicant reported the change under agency could identify applicants that, reviewing changes, the agency believes the appropriate mechanism, and, if so, through an incomplete submission, that changes that have a minimal whether any of the required information failed to establish that they had potential to have an adverse effect on was missing. Under the proposed rule, followed the necessary steps to validate the product would include such FDA would not ordinarily contact the and implement a change. Applicants changes as a change in storage applicant if the notification was would be required to submit the missing conditions of in-process intermediates properly submitted in accordance with information before they could distribute based on data derived from studies §§ 601.12(c) or 314.70(g)(2). FDA the product. following a protocol in the approved anticipates that applicants would use a c. Changes to be described in an license application; modifications in method of delivery for notifications that annual report. FDA recognizes that analytical procedures with no change in would allow confirmation of the there are changes in the product, the basic test methodology or existing submission having been received by production processes, equipment, release specifications; relocation of FDA. facilities, and responsible personnel that analytical testing laboratories within a FDA would also ordinarily review the have minimal potential to have an licensed facility; and area upgrades such substantive information contained in a adverse effect on the product’s safety, as the installation of improved finishes notification and request the applicant to purity, potency, or effectiveness. Under on floors or walls. clarify the submission if necessary. If the current § 601.12, the agency has d. Labeling. Under the current the agency’s review determined that required many of these changes to await § 601.12, all important proposed additional studies or information were supplement approval before they could labeling changes are required to be necessary to document the lack of an be implemented. FDA believes that submitted for FDA approval before they adverse effect on the safety, purity, prior agency approval of these changes may be implemented. The agency potency, or effectiveness of the product, is unnecessary, and is proposing in recognizes, however, that some labeling the agency could request that additional § 601.12(d) that such changes would not changes may not have a substantial data be collected. Failure to comply be required to be approved by the impact on the safe and effective use of with the proposed requirements and agency. FDA continues to believe that it the product. For other changes, such as existing CGMP requirements to properly is important that such changes be updates of important safety information, validate the change could result in documented and validated so that there it is important that prescribers and enforcement action. Following the is a mechanism for assessing the patients have access to current agency’s review, FDA would send to the consequences of the change. FDA is information as soon as it becomes applicant a stamped copy of the cover therefore proposing that changes that available. Therefore, the agency is letter for the notification indicating that have minimal potential to have an proposing to revise the biological FDA had placed the submission in the adverse effect on the product’s safety, products reporting requirements for 2744 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules labeling changes. The regulations in require the labeling change to be applicant’s compliance history and the § 314.70(b), (c), and (d), governing how immediately discontinued. However, significance of the deficiencies. labeling changes are reported for when circumstances permit, the agency f. Administrative review. Proposed products regulated by CDER, are not would allow the applicant to correct a § 601.12(g) provides that an applicant affected by the proposal. In fact, the problem with minimal expense and may request a review of FDA employee proposed revision of § 601.12(e) is without unnecessary waste. decisions made pursuant to section consistent with requirements for Under proposed § 601.12(e)(3), an § 601.12 in accordance with § 10.75 (21 labeling changes applicable to drugs applicant making editorial or other CFR 10.75). Section 10.75 provides a approved under the act. minor changes, or a change in the mechanism for internal agency review Changes to labeling would be information on how the biologic is of decisions. FDA proposes to include submitted to CBER in one of the supplied that does not involve a change the reference to § 10.75 in § 601.12(g) so following ways: (1) A supplement in the dosage strength or dosage form, that applicants who wish agency review requiring FDA approval prior to would be required to submit a of a decision made under the provisions distribution of product with the revised description of the changes and all final of the rule are made aware of the labeling, (2) a supplement requiring printed labeling incorporating the mechanism for such review. The FDA approval but permitting the changes in an annual report to be internal agency review of a decision distribution of product with the submitted to the Director, CBER. For all would be based on the information in accompanying revised labeling prior to changes in the package insert, package the administrative file. FDA believes such approval, or (3) submission of final label, and container label that would not that it is important for the agency to printed labeling in an annual report. It fall under § 601.12(e)(2) or (e)(3), an apply regulations affecting regulated is expected that proposed § 601.12(e) applicant would be required to submit products consistently and fairly, and would significantly decrease the a supplement supporting the proposed believes that agency review should be number of labeling submissions that change and await FDA approval prior to available to resolve a disputed issue. currently require approval prior to use distribution. of the labeling. Under proposed § 601.12(e)(4), II. Analysis of Impacts Under proposed § 601.12(e)(2), an promotional labeling and advertising A. Method of Analysis applicant would be required to submit would be submitted in accordance with a supplement, but could disseminate the 21 CFR 314.81(b)(3)(i), which requires To determine the impact of the revised labeling with the product, at the that an applicant submit specimens of proposed rule, CBER undertook an time the supplement was submitted. mailing pieces and any other labeling or analysis of changes approved as Such revisions to the labeling would advertising devised for promotion of the supplements during the 9-month period include any information that adds or product at the time of initial between October 1, 1994, and June 1, strengthens a contraindication, warning, dissemination of the labeling and at the 1995. CBER has determined that the precaution, or adverse reaction; adds or time of initial publication of the proposed rule as currently written strengthens a statement about abuse, advertisement for a prescription would result in an overall 32 percent dependence, psychological effect, or product. reduction in submissions requiring prior overdosage; adds or strengthens an e. Failure to comply. FDA is agency approval before an applicant instruction about dosage and proposing in § 601.12(f) that in the event could commence distributing product administration that is intended to of repeated failure of the applicant to made using the change. The extent of increase the safe use of the product; or comply with § 601.12, the Director, the reduction would be greater for deletes false, misleading, or CBER, may require that the applicant certain products. Under the proposed unsupported indications for use or submit a supplement for any proposed regulation, 88 of 175 submissions claims for effectiveness. change and obtain CBER approval prior reviewed as supplements under the FDA believes that permitting these to distributing the product made using current regulation (for changes to labeling changes to be effected and the change. This measure would be in biological products other than blood product distributed prior to FDA addition to other remedies available in products and blood component approval would facilitate labeling applicable laws and regulations, products) would be supplements changes intended to adequately inform including suspension or revocation of requiring prior approval, 62 would be prescribers and patients of the risks and licenses, seizure of products, and notifications to CBER not requiring FDA benefits of a biological product and injunction, among others. With this approval, and 25 would be described in thereby allow prescribers and patients proposed rule, FDA is undertaking to an annual report. For blood and blood earlier access to important new significantly reduce the number of components, of 177 supplements information on the safe use of the changes that are reported, reviewed, and approved in a 2-month portion of the 9- product. Proposed § 601.12(e)(2) would approved by the agency. Continued month period, 128 would be require that the supplement clearly protection of the public from products supplements requiring prior approval identify any changes being made and with compromised safety, purity, under the proposed rule, 36 would be include necessary supporting data. potency, or effectiveness will depend on notifications, and 13 would be Under the proposed rule, the changes applicants’ adherence to the proposed described in an annual report. identified in § 601.12(e)(2) could be requirements to conduct validation and/ implemented prior to agency approval. or other studies to document the lack of B. Review Under Executive Order 12866 FDA could, however, deny approval of adverse effect on the product and and the Regulatory Flexibility Act a supplement for a labeling change that utilization of the appropriate FDA has examined the impact of the has already been disseminated with the mechanism to inform the agency of such proposed rule under Executive Order product. In assessing an applicant’s changes. In determining repeated failure 12866 and the Regulatory Flexibility Act plans to correct a problem, FDA would to comply with the § 601.12 and (Pub. L. 96–354). Executive Order 12866 consider the applicant’s reasons for whether an applicant would be required directs agencies to assess all costs and making the change and the alternatives to file future submissions as benefits of available regulatory available to the applicant. If the supplements, the agency would alternatives and, when regulation is circumstances warranted, FDA could consider, among other things, the necessary, to select the regulatory Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2745 approaches that maximize net benefits With respect to the following of the following ways: (1) A supplement (including potential economic, collection of information, FDA invites requiring FDA approval prior to environmental, public health and safety, comments on: (1) Whether the proposed distribution of product with the revised and other advantages; distributive collection of information is necessary to labeling; (2) a supplement requiring impacts; and equity). The agency for proper performance of FDA’s FDA approval but permitting the believes that this proposed rule is functions, including whether the distribution of product with the consistent with the regulatory information will have practical utility; accompanying revised labeling prior to philosophy and principles identified in (2) the accuracy of FDA’s estimate of the such approval; or (3) submission of final the Executive Order. The proposed rule burden of the proposed collection of printed labeling in an annual report. is a significant regulatory action as information, including the validity of Promotional labeling and advertising defined by the Executive Order and is the methodology and assumptions used; would be submitted in accordance with subject to review under the Executive (3) ways to enhance the quality, utility, 314.81(b)(3)(i). Labeling changes for Order because it deals with a novel and clarity of the information to be well-characterized biotechnology policy issue. collected; and (4) ways to minimize the products would not be affected by this In accordance with the principles of burden of the collection of information proposed rule. Executive Order 12866, the overall on respondents, including through the Description of Respondents: All result of the proposed rule would be a use of automated collection techniques, manufacturers and applicants holding a substantial reduction in reporting when appropriate, and other forms of biological license approved under burden for applicants and in review information technology. section 351 of the Public Health burden for the agency. In addition, FDA Title: 21 CFR 601.12—Changes to an Services Act and all manufacturers and anticipates that the proposed rule would Approved Application and 21 CFR applicants of well-characterized encourage applicants to improve their 314.70(g) Exception. biotechnology products holding an Description: This proposed rule would licensed products and methods of approved NDA would report (Business change the requirements for manufacture. or other for-profit). The Regulatory Flexibility Act respondents to report to FDA changes in requires agencies to analyze regulatory the product, labeling, production These estimates are an approximation options that would minimize any process, equipment, facilities, or of the average time expected to be significant impact of a rule on small responsible personnel established in an necessary for a collection of entities. Because, as stated above, the approved application for a biological information. They are based on such overall result of the proposed rule product or for a well-characterized information as is available to FDA. would be a substantial reduction of the biotechnology product. The respondent There are no capital costs associated regulatory and reporting burden, the would report the change to FDA in one with this information collection. It is agency certifies that the proposed rule of the three following ways depending estimated that 20 percent of all reports will not have a significant economic on the potential for the change to have required under these proposed impact on a substantial number of small an adverse effect on the safety, purity, regulations are being prepared by entities. Therefore, under the Regulatory potency or effectiveness of the product: contractors. The burden hours in the Flexibility Act, no further analysis is (1) Changes that have a significant chart below therefore reflect a 20 required. potential to have an adverse effect on percent reduction per regulation the product would be submitted in a because these burden hours will not be C. Review under the Paperwork supplement requiring prior approval by expended by the affected industry rather Reduction Act of 1995 FDA before distribution of a product they will be expended by the This proposed rule contains made using the change; (2) changes that contractors. It is estimated that a information collections which are have a moderate potential to have an contractor will charge $40 per hour for subject to review by the Office of adverse effect on the product would be the service of preparing these reports. Management and Budget (OMB) under submitted to FDA in a notification not The 20 percent burden hours multiplied the Paperwork Reduction Act of 1995. less than thirty days prior to by $40 per hour are reflected in the The title, description, and respondent distribution of the product made using column labeled ‘‘Operating and description of the information collection the change; and (3) Changes that have a Maintenance Costs.’’ are shown below with an estimate of the minimal potential to have an adverse The agency seeks comments on these annual reporting burden. Included in effect on the product would be estimates, particularly the industry’s the estimate is the time for reviewing submitted by the respondent in an view of the number of firms and instructions, gathering and maintaining annual report. products affected by the collections of the data needed, and completing and Labeling changes for a biological information contained in this proposed reviewing the collection of information. product would also be submitted in one rule.

Estimated Annual Burden Number of Regulation (21 Respond- Hours Per Number of Number of Responses Total Operating and Mainte- Total Hours Per Regu- CFR) ents Response Responses Per Respondent nance Costs lation

601.12(b) 391 80 610 1.56 $390,400 39,040 601.12(c) 391 40 280 0.72 $89,600 8,960 601.12(d) 391 10 110 0.28 $8,800 880 601.12(e)(1) 391 40 200 0.51 $64,000 6,400 601.12(e)(2) 391 20 20 0.05 $3,200 320 601.12(e)(3) 391 10 220 0.56 $17,600 1,760 601.12(e)(4) 391 10 110 0.28 $8,000 800 2746 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

Estimated Annual Burden Number of Regulation (21 Respond- Hours Per Number of Number of Responses Total Operating and Mainte- Total Hours Per Regu- CFR) ents Response Responses Per Respondent nance Costs lation

314.70(g)(1) 4 80 50 12.5 $32,000 3,200 314.70(g)(2) 2 40 3 1.5 $960 96 314.70(g)(3) 6 10 20 3.33 $1,600 160

Totals Total O&M Costs = $616,160 Total Hours = 61,616

The agency has submitted a copy of List of Subjects (A) A new indication, route of administration, dosage form, dosing this proposed rule to OMB for its review 21 CFR Part 314 and approval of these information schedule or formulation; collections. Interested persons are Administrative practice and (B) Addition, removal, or reordering requested to send comments regarding procedure, Confidential business of the step(s) of the production process; this information collection, including information, Drugs, Reporting and and suggestions for reducing this burden to recordkeeping requirements. (C) Change from production of a the Office of Information and Regulatory 21 CFR Part 600 single product to production of multiple Affairs, OMB, New Executive Office products at a facility. Biologics, Reporting and (ii) The applicant shall obtain FDA Bldg., 725 17th St. NW., rm. 10235, recordkeeping requirements. approval of the supplement prior to Washington, DC 20503, Attn: Desk 21 CFR Part 601 distribution of the product made using Officer for FDA. Submit written the change. The following information Administrative practice and comments on the information collection shall be contained in the supplement: by February 28, 1996, but not later than procedure, Biologics, Confidential (A) A detailed description of the March 29, 1996. business information. proposed change; Therefore, under the Federal Food, (B) The product(s) involved; D. Review Under the National Drug, and Cosmetic Act and the Public Environmental Policy Act (C) The manufacturing site(s) or Health Service Act, and under the area(s) affected; authority delegated to the Commissioner (D) A description of the methods used The agency has determined under 21 of Food and Drugs, it is proposed that CFR 25.24(a)(8) that this action is of a and studies performed to evaluate the 21 CFR parts 314, 600, and 601 be effect of the change on the product’s type that does not individually or amended as follows: cumulatively have a significant effect on safety, purity, potency, and the human environment. Therefore, PART 314ÐAPPLICATIONS FOR FDA effectiveness; neither an environmental assessment APPROVAL TO MARKET A NEW DRUG (E) The data derived from such studies; nor an environmental impact statement OR AN ANTIBIOTIC DRUG (F) Relevant validation protocols and is required. 1. The authority citation for 21 CFR data; and Interested persons may, on or before part 314 continues to read as follows: Authority: Secs. 201, 301, 501, 502, 503, (G) A reference list of relevant April 29, 1996, submit to the Dockets 505, 506, 507, 701, 704, 721 of the Federal standard operating procedures (SOP’s). Management Branch (address above) Food, Drug, and Cosmetic Act (21 U.S.C. 321, (2) Changes requiring notification not written comments regarding the 331, 351, 352, 353, 355, 356, 357, 371, 374, less than 30 days prior to distributing proposal. Two copies of any comments 379e). product made using the change. (i) An 2. Section 314.70 is amended by are to be submitted, except that applicant shall inform FDA, in a written adding new paragraph (g) as follows: individuals may submit one copy. notification labeled ‘‘Notification— Comments are to be identified with the § 314.70 Supplements and other changes Changes being effected in 30 days,’’ of to an approved application. docket number found in brackets in the any change in the product, production heading of this document. Received * * * * * process, equipment, facilities, or comments may be seen in the office (g) Exception. An applicant proposing responsible personnel that has moderate to make a change in a well-characterized above between 9 a.m. and 4 p.m., potential to have an adverse effect on biotechnology product of the type Monday through Friday. Submit the safety, purity, potency, or described in § 314.70(a), (b)(1), (b)(2), effectiveness of the product. comments on the information collection (c)(1), (c)(3), (d)(1), and (d)(4) through Distribution of the product requirements to the Office of (d)(9) shall comply with the following: manufactured after the change was Information and Regulatory Affairs, (1) Changes requiring supplement instituted may not begin until 30 days OMB, (address above). submission and approval prior to after FDA notification. The following As stated previously, FDA plans to distribution of product made using the information shall be contained in the hold an open public meeting during the change. (i) A supplement shall be notification: comment period to facilitate public submitted for any proposed change in (A) A clear, brief description of the comment on this proposed rule. The the product, production process, change; time and location of this meeting will be equipment, or facilities that has (B) The products(s) involved; announced in a future issue of the substantial potential to have an adverse (C) The manufacturing site(s) or Federal Register. effect on the safety, purity, potency, or area(s) involved; effectiveness of the product. These (D) A brief description of the changes include but are not limited to: validation and/or other studies Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2747 conducted to analyze the effect of the and Research, to approve a change in an the product made using the change. The change on the safety, purity, potency, approved license application. following information shall be and effectiveness of the product; contained in the supplement: (E) The dates of the studies; PART 601ÐLICENSING (i) A detailed description of the (F) Reference to relevant SOP’s used 5. The authority citation for 21 CFR proposed change; to complete the studies; and part 601 continues to read as follows: (ii) The product(s) involved; (G) A summary of the relevant data or (iii) The manufacturing site(s) or information. Authority: Secs. 201, 501, 502, 503, 505, area(s) affected; (ii) If within 30 days following FDA’s 510, 513–516, 518–520, 701, 704, 721, 801, (iv) A description of the methods used receipt of the notification FDA informs of the Federal Food, Drug, and Cosmetic Act and studies performed to evaluate the (21 U.S.C. 321, 351, 352, 353, 355, 360, 360c– the applicant that either: 360f, 360h–360j, 371, 374, 379e, 381); secs. effect of the change on the product’s (A) The change requires supplement 215, 301, 351, 352, of the Public Health safety, purity, potency, and submission in accordance with Service Act (42 U.S.C. 216, 241, 262, 263); effectiveness; paragraph (g)(1) of this section; or secs. 2–12 of the Fair Packaging and Labeling (v) The data derived from such (B) Any of the information required Act (15 U.S.C. 1451–1461). studies; under paragraph (g)(2)(i) of this section 6. Section 601.12 is revised to read as (vi) Relevant validation protocols and is missing, the applicant shall not follows: data; and distribute the product made with the (vii) A reference list of relevant change until FDA determines that § 601.12 Changes to an approved standard operating procedures (SOP’s). compliance with this section is application. (c) Changes requiring notification not achieved. (a) General. As provided in this less than 30 days prior to distributing (3) Changes to be described in an section, an applicant shall inform the product made using the change. (1) An annual report. Changes in the product, Director, Center for Biologics Evaluation applicant shall inform the Director, production process, equipment, and Research (CBER), about each change CBER, in a written notification labeled facilities, or responsible personnel that in the product, labeling, production ‘‘Changes being effected in 30 days,’’ of have minimal potential to have an process, equipment, facilities, or any change in the product, production adverse effect on the product’s safety, responsible personnel established in the process, equipment, facilities, or purity, potency, or effectiveness, shall approved license application(s). Before responsible personnel that has moderate be documented by the applicant in an distributing a product made using a potential to have an adverse effect on annual report submitted each year change, an applicant shall demonstrate the safety, purity, potency, or within 60 days of the anniversary date through appropriate validation and/or effectiveness of the product. of approval of the application. The other clinical and/or nonclinical Distribution of the product annual report shall contain the laboratory studies the lack of adverse manufactured after the change was following information for each change: effect of the change on the safety, purity, instituted may not begin until 30 days (i) A list of all products involved; potency, and effectiveness of the after receipt of the notification by CBER. (ii) A brief description of and product. Single copies of Food and Drug The following information shall be reason(s) for the change; Administration (FDA) guidance contained in the notification: (iii) The manufacturing sites or areas describing FDA’s current interpretation (i) A clear, brief description of the involved; of this regulation may be obtained from change; (iv) The date each change was made; the Congressional and Consumer Affairs (ii) The product(s) involved; and Branch (HFM–12), Center for Biologics (iii) The manufacturing site(s) or (v) A cross-reference to relevant Evaluation and Research, Food and area(s) involved; validation protocol(s) and/or SOP’s. Drug Administration, 1401 Rockville (iv) A brief description of the * * * * * Pike, Rockville, MD 20852–1448. validation and/or other studies (b) Changes requiring supplement conducted to analyze the effect of the PART 600ÐBIOLOGICAL PRODUCTS: submission and approval prior to change on the safety, purity, potency, or GENERAL distribution of product made using the effectiveness of the product; (v) The dates of the studies; 3. The authority citation for 21 CFR change. (1) A supplement shall be submitted (vi) Reference to relevant SOP’s used Part 600 continues to read as follows: to the Director, CBER, for any proposed to complete the studies; and Authority: Secs. 201, 501, 502, 503, 505, change in the product, production (vii) A summary of the relevant data 510, 519, 701, 704 of the Federal Food, Drug, process, equipment, or facilities that has or information. and Cosmetic Act (21 U.S.C. 321, 351, 352, substantial potential to have an adverse (2) If within 30 days following FDA 353, 355, 360, 360i, 371, 374); secs. 215, 351, receipt of the notification, the Director, 352, 353, 361, 2125 of the Public Health effect on the safety, purity, potency, or effectiveness of the product. These CBER informs the applicant that either: Service Act (42 U.S.C. 216, 262, 263, 263a, (i) The change requires supplement 264, 300aa–25). changes include but are not limited to the following: submission in accordance with 4. Section 600.3 is amended by (i) A new indication, route of paragraph (b) of this section; or adding new paragraphs (ff) and (gg) to administration, dosage form, dosing (ii) Any of the information required read as follows: schedule or formulation; under paragraph (c)(1) of this section is (ii) Addition, removal, or reordering missing, the applicant shall not § 600.3 Definitions. of the step(s) of the licensed production distribute the product made with the (ff) Amendment is the submission of process; and change until compliance with this information to a pending license (iii) Change from production of a section is achieved. application or supplement, to revise or single product to production of multiple (d) Changes to be described in an modify the application as originally products at a licensed facility; annual report. (1) Changes in the submitted. (2) The applicant shall obtain product, production process, (gg) Supplement is a request to the approval of the supplement from the equipment, facilities, or responsible Director, Center for Biologics Evaluation Director, CBER, prior to distribution of personnel that have minimal potential 2748 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules to have an adverse effect on the submitted. The supplement shall clearly ACTION: Proposed rule; notice of product’s safety, purity, potency, or identify the change being made and availability. effectiveness, shall be documented by include necessary supporting data. The the applicant in an annual report supplement and its mailing cover SUMMARY: The Food and Drug submitted each year within 60 days of should be plainly marked: ‘‘Special Administration (FDA) is announcing the the anniversary date of approval of the Labeling Supplement—Changes Being availability of a draft guidance application. The annual report shall Effected.’’ document entitled ‘‘Draft Guidance; contain the following information for (3) Label changes requiring Changes to An Approved Application each change: submission in an annual report. (i) An for Well-Characterized Therapeutic (i) A list of all products involved; applicant shall submit any final printed Recombinant DNA-Derived and (ii) A brief description of and package insert, package label, or Monoclonal Antibody Biotechnology reason(s) for the change; container label incorporating the Products.’’ This draft guidance is (iii) The manufacturing sites or areas following changes to CBER in an annual intended to assist applicants in involved; report submitted each year within 60 determining how they should report (iv) The date each change was made; days of the anniversary date of approval changes to an approved license and of the application: application for well-characterized (v) A cross-reference to relevant (A) Editorial or similar minor therapeutic recombinant DNA-derived validation protocol(s) and/or SOP’s. changes; or and monoclonal antibody biotechnology (2) The applicant shall submit the (B) A change in the information on products under the proposed revision to report to the FDA office responsible for how the drug is supplied that does not the biologics regulations issued reviewing the application. The report involve a change in the dosage strength elsewhere in this issue of the Federal shall include all the information or dosage form. Register. In a separate document also required under this section obtained for (ii) The applicant may distribute a published in this issue of the Federal each change made during the annual product with a package insert, package Register, FDA is announcing the reporting interval which ends on the label, or container label bearing such availability of a guidance document to anniversary date. change at the time the change is made. assist applicants in determining how (e) Labeling changes—(1) Label (4) Advertisements and promotional they should report changes to an changes requiring supplement labeling. approved license application for submission—distribution of a product Advertisements and promotional biologic products other than well- with a label change must await FDA labeling shall be submitted in characterized therapeutic recombinant approval. An applicant shall submit to accordance with the requirements set DNA-derived and monoclonal antibody CBER a supplement describing a forth in § 314.81(b)(3)(i) of this chapter, biotechnology products under the proposed change in the package insert, except that Form FDA–2567 shall be proposed rule. FDA does not intend for package label, or container label, except used in lieu of Form FDA–2253. these draft guidance documents to be those described in paragraphs (e)(2) and (f) Failure to comply. In addition to used at this time. The agency is (e)(3) of this section, and include the other remedies available in law and providing these guidance documents for information necessary to support the regulations, in the event of repeated public comment only. proposed change. The supplement shall failure of the applicant to comply with DATES: Written comments by April 29, clearly highlight the proposed change in this section, the Director, CBER, may 1996. the label. The applicant shall obtain require that the applicant submit a ADDRESSES: Submit written requests for approval from the Director, CBER, prior supplement for any proposed change to, single copies of the draft guidance to distributing a product with the label and obtain approval of the supplement entitled ‘‘Draft Guidance; Changes to An change. from, the Director, CBER, prior to Approved Application for Well- (2) Label changes requiring distributing a product made using the Characterized Recombinant DNA- supplement submission; product with a change. Derived and Monoclonal Antibody label change may be distributed before (g) Administrative review. Under Biotechnology Products’’ to the FDA approval. (i) An applicant shall § 10.75 of this chapter, an applicant may Congressional and Consumer Affairs submit to CBER, at the time such change request internal FDA review of CBER Branch (HFM–12), Center for Biologics is made, a supplement for any change in employee decisions under this section. the package insert, package label, or Evaluation and Research, Food and Dated: January 16, 1996. container label to accomplish any of the Drug Administration, 1401 Rockville following: William B. Schultz, Pike, Rockville, MD 20852–1448, 301– (A) To add or strengthen a Deputy Commissioner for Policy. 594–1800 or call FDA’s automated contraindication, warning, precaution, [FR Doc. 96–1580 Filed 1–25–96; 10:41 am] information system at 800–835–4709. or adverse reaction; BILLING CODE 4160±01±F Send two self-addressed adhesive labels (B) To add or strengthen a statement to assist that office in processing your about abuse, dependence, psychological requests. Submit written comments on effect, overdosage; 21 CFR Parts 600 and 601 the draft guidance to the Dockets (C) To add or strengthen an [Docket No. 95D±0415] Management Branch (HFA–305), Food instruction about dosage and and Drug Administration, rm. 1–23, administration that is intended to Draft Guidance; Changes To An 12420 Parklawn Dr., Rockville, MD increase the safe use of the product; or Approved Application for Well- 20857. Two copies of any comments are (D) To delete false, misleading, or Characterized Therapeutic to be submitted, except that individuals unsupported indications for use or Recombinant DNA-Derived and may submit one copy. Requests and claims for effectiveness. Monoclonal Antibody Biotechnology comments should be identified with the (ii) The applicant may distribute a Products; Availability docket number found in brackets in the product with a package insert, package heading of this document. A copy of the label, or container label bearing such AGENCY: Food and Drug Administration, draft guidance and received comments change at the time the supplement is HHS. are available for public examination in Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2749 the Dockets Management Branch ACTION: Proposed rule; notice of or a WordPerfect 5.1 document (*.w51), between 9 a.m. and 4 p.m., Monday availability. or both. A sample dialogue for obtaining through Friday. the READ.ME file with a text-based FTP Persons with access to INTERNET SUMMARY: The Food and Drug program would be: may request that the draft guidance Administration (FDA) is announcing the FTP CDVS2.CDER.FDA.GOV document be sent by return E-mail by availability of a draft guidance LOGIN: CHANGES sending a message to document entitled ‘‘Draft Guidance; <‘‘Your E- ‘‘[email protected]’’. The Changes to An Approved Application.’’ mail address’’> draft guidance document may also be The draft guidance is intended to assist BINARY obtained through INTERNET via File applicants in determining how they CD CBER Transfer Protocol (FTP). Requestors should report changes to an approved GET READ.ME license application under the proposed should connect to the Center for Drug EXIT revision to the biologics regulations Evaluation and Research (CDER) using The draft guidance document may issued elsewhere in this issue of the the FTP. The Center for Biologics also be obtained by calling the CBER Federal Register. FDA does not intend Evaluation and Research (CBER) FAX Information System (FAX-ON- for this draft guidance to be used at this documents are maintained in a DEMAND) at 301–594–1939 from a time. The agency is providing this subdirectory called CBER on the server, touch tone telephone. guidance at this time for public ‘‘CDVS2.CDER.FDA.GOV’’ FOR FURTHER INFORMATION CONTACT: comment only. (150.148.24.202). The ‘‘READ.ME’’ file Tracey H. Forfa or Timothy W. Beth, in that subdirectory describes the DATES: Written comments by April 29, Center for Biologics Evaluation and available documents that may be 1996. Research (HFM–630), Food and available as an ASCII text file (*.TXT), ADDRESSES: Submit written requests for Drug Administration, 1401 or a WordPerfect 5.1 document (*.w51), single copies of the draft guidance Rockville Pike, Rockville, MD or both. A sample dialogue for obtaining entitled ‘‘Draft Guidance; Changes to An 20852–1448, 301–594–3074; or the READ.ME file with a text-based FTP Approved Application’’ to the Yuan Yuan Chiu, Center for Drug program would be: Congressional and Consumer Affairs Evaluation and Research (HFD– FTP CDVS2.CDER.FDA.GOV Branch (HFM–12), Center for Biologics 510), Food and Drug LOGIN: CHARACTER Evaluation and Research, Food and Administration, 5600 Fishers Lane, <‘‘Your E- Drug Administration, 1401 Rockville Rockville, MD 20857, 301–443– mail address’’> Pike, Rockville, MD 20852–1448, or call 3510. BINARY FDA’s automated information system at 800–835–4709. Send two self-addressed SUPPLEMENTARY INFORMATION: In the CD CBER Federal Register of April 6, 1995 (60 FR GET READ.ME adhesive labels to assist that office in processing your requests. Submit 17535), FDA published a guidance EXIT document intended to provide guidance The draft guidance document may also written comments on the draft guidance to the Dockets Management Branch to applicants on which changes in be obtained by calling the CBER FAX manufacturing procedures and Information System (FAX-ON- (HFA–305), Food and Drug Administration, rm. 1–23, 12420 establishments may be implemented DEMAND) at 301–594–1939 from a Parklawn Dr., Rockville, MD 20857. with and/or without prior approval by touch tone telephone. Two copies of any comments are to be the Director, CBER under § 601.12 (21 FOR FURTHER INFORMATION CONTACT: submitted, except that individuals may CFR 601.12). The Federal Register Tracey H. Forfa or Timothy W. Beth, submit one copy. Requests and notice and guidance document were Center for Biologics Evaluation and comments should be identified with the intended to reduce the burden of Research (HFM–630), Food and docket number found in brackets in the reporting changes on manufacturers and Drug Administration, 1401 heading of this document. A copy of the to facilitate the approval process. Rockville Pike, Rockville, MD draft guidance and received comments In a continuing effort to achieve the 20852–1448, 301–594–3074; or are available for public examination in reduction in reporting burden and to Yuan Yuan Chiu, Center for Drug the Dockets Management Branch respond to comments received on the Evaluation and Research (HFD– between 9 a.m. and 4 p.m., Monday April 6, 1995, guidance document, FDA 510), Food and Drug through Friday. is proposing a revision to § 601.12 Administration, 5600 Fishers Lane, Persons with access to INTERNET published elsewhere in this edition of Rockville, MD 20857, 301–443– may request that the draft guidance the Federal Register. In addition, FDA 3510. document be sent by return E-mail by is announcing the availability of a draft Dated: January 16, 1996. sending a message to guidance document entitled, ‘‘Changes William B. Schultz, ‘‘[email protected]’’. The to An Approved Application.’’ The guidance document sets forth CBER’s Deputy Commissioner for Policy. draft guidance document may also be obtained through INTERNET via File current interpretation of the proposed [FR Doc. 96–1581 Filed 1–25–96; 10:42 am] Transfer Protocol (FTP). Requestors rule to amend § 601.12 as it applies to BILLING CODE 4160±01±F should connect to the Center for Drug biologic products other than those Evaluation and Research (CDER) using considered to be well-characterized the FTP. The Center for Biologics therapeutic recombinant DNA-derived 21 CFR Parts 600 and 601 Evaluation and Research (CBER) and monoclonal antibody biotechnology documents are maintained in a products. The reporting mechanisms [Docket No. 95D±0052] subdirectory called CBER on the server, proposed in the rule are based on the Changes To An Approved Application; ‘‘CDVS2.CDER.FDA.GOV’’ potential for the change to affect a Draft Guidance; Availability (150.148.24.202). The ‘‘READ.ME’’ file product’s safety, purity, potency, and in that subdirectory describes the effectiveness. In a separate document AGENCY: Food and Drug Administration, available documents which may be also published in this issue of the HHS. available as an ASCII text file (*.TXT), Federal Register, FDA is announcing 2750 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules the availability of a guidance document FDA plans to hold an open public MD 20782, or by FAX to the attention to assist applicants in determining how meeting during the comment period to of Bruce Riedl at (202) 874–8023. they should report changes to an discuss the proposed revision to FOR FURTHER INFORMATION CONTACT: approved application for a well- § 601.12 and the draft guidance Michael C. Salapka, (202) 874–8919, characterized therapeutic recombinant document. The time and location of this (Manager, International Funds Branch); DNA-derived and monoclonal antibody meeting will be announced in an or Bruce Riedl, (202) 874–8918, (Senior biotechnology product under the upcoming issue of the Federal Register. Advisor). proposed rule. FDA will consider any comments The guidance document will provide received in determining whether SUPPLEMENTAL INFORMATION: guidance to applicants in determining revisions to the guidance document are Background how a change to a product, production warranted. FDA will announce the process, equipment, facility, responsible To protect the Government from risk, availability of any revised guidance 31 CFR § 281.7(c), currently limits personnel, or labeling should be document in the Federal Register. reported to FDA under the proposed accountable officers to purchasing Dated: January 16, 1996. revision to § 601.12. foreign exchange only in an amount As stated previously, FDA is William B. Schultz, which, together with the balance on providing this draft guidance document Deputy Commissioner for Policy. hand, does not exceed the estimated for comment only. The document is not [FR Doc. 96–1583 Filed 1–25–96; 10:43 am] requirements for a 30 day period. intended to be used at this time. FDA BILLING CODE 4160±01±F However, risk reduction and intends to review the comments improvements in cash management received on the proposed rule and this dictate that a shorter time period be established. Specifically, in order to (1) draft guidance document and issue a DEPARTMENT OF THE TREASURY final rule prescribing the requirements minimize local currency operating balances held in designated for the reporting changes to an approved Fiscal Service license application. A revised guidance depositaries; (2) minimize losses due to document would also be made available 31 CFR Part 281 rate devaluations; and, (3) avoid at the time of issuance of the final rule. premature drawdowns on Treasury’s As with other procedural guidance RIN 1510±AA48 General Account, all accountable documents, FDA does not intend that officers shall ensure that the amount of this guidance document would be all- Foreign Exchange Operations foreign exchange purchased with dollars, together with the balance on inclusive. Alternative approaches could AGENCY: Financial Management Service, hand, is commensurate with estimated be warranted in specific situations, and Fiscal Service, Treasury. certain aspects might not be applicable requirements for a 5–7 business day ACTION: Notice of proposed rulemaking. to all situations. If an applicant believed period. This will result in interest the reporting procedure described in SUMMARY: This action proposes savings to the Government. Further, this guidance document was regulations to amend the administration balances in the local currency operating inapplicable to a specific change for a of the purchase, custody, deposit, account held at designated depositaries particular product, the applicant could transfer, sale and reporting of foreign will be kept as close to zero as possible provide, for CBER’s consideration, exchange (including credits and without incurring overdrafts to the information supporting an alternative currencies) by executive departments account. In certain situations, the categorization. An applicant also could and agencies. The specific section being administrative costs, local banking discuss proposed changes with the amended addresses the limitation on the regulations, or possible volume agency to prevent expenditure of money purchase of foreign exchange. Currently, discounts appear to require maintaining and effort on activities that later might foreign exchange acquired by agencies balances in excess of the 5–7 day be determined to be unacceptable by shall be placed with accountable amount. If circumstances require FDA. The Center for Biologics officers. Unless otherwise authorized by exceeding this limit, the accountable Evaluation and Research would the Secretary of the Treasury, no officer must obtain a specific waiver of continue to review submissions on a accountable officer shall purchase this requirement from Treasury. case-by-case basis. This document foreign exchange which, together with would not bind FDA and would not the balance on hand at the time of Rulemaking Analysis create or confer any rights, privileges, or purchase, would exceed estimated This regulation is not a significant benefits on or for any person, but would requirements for a 30 day period. This be intended for guidance. regulatory action as defined in proposed revision would restrict Interested persons may, on or before Executive Order 12866. Accordingly, a accountable officers to estimated April 29. 1996, submit to the Dockets Regulatory Assessment is not required. Management Branch (address above) requirements for a 5–7 business day It is hereby certified pursuant to the comments on the draft guidance period unless they have obtained a Regulatory Flexibility Act that this document. Two copies of any comments specific waiver of this requirement from revision will not have a significant are to be submitted, except that the Secretary of the Treasury. economic impact on a substantial individuals may submit one copy. DATES: Comments on this proposed rule number of small entities. Accordingly, a Comments and information are to be must be received on or before February Regulatory Flexibility Act analysis is identified with the docket number 28, 1996. not required. This change primarily found in brackets in the heading of this ADDRESSES: All written comments on affects executive departments and document. The draft guidance ‘‘Changes this proposed rule should be addressed agencies. to An Approved Application’’ and to Michael C. Salapka, Manager, List of Subjects in 31 CFR Part 281 received comments are available for International Funds Branch, Financial public examination in the office above Management Service, Prince George Foreign exchange, banks, banking. between 9 a.m. and 4 p.m., Monday Metro Center II Building, Room 5A19, Accordingly, part 281 of title 31 is through Friday. 3700 East-West Highway, Hyattsville, proposed to be amended as follows: Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2751

PART 281ÐFOREIGN EXCHANGE plans because they fail to demonstrate Available Control Technology (RACT) OPERATIONS that the required three percent rules as these programs were required reduction of VOC emissions will be prior to 1990. 1. The authority citation for part 281 achieved if the plans are implemented. In addition, section 172(c)(9) of the is revised to read as follows: The EPA is also proposing a limited Clean Air Act requires that contingency Authority: 22 U.S.C. 2363; 31 U.S.C. 3513; approval of the specific control measures be included in the plan E.O. 10488, 18 FR 5699, 3 CFR 1949–1953, measures in the 15 Percent and revision to be implemented if Comp., p. 972; E.O. 10900, 26 FR 143, 3 CFR Contingency Plans because these rules reasonable further progress is not 1959–1963, Comp., p. 429. will strengthen the SIP. A final action achieved or if the standard is not 2. Section 281.7(c) is revised to read on these control measures will attained. as follows: incorporate these rules into the In Texas, four moderate and above Federally approved SIP. ozone nonattainment areas are subject to § 281.7 Limitations. DATES: Comments on this proposed the 15 Percent Rate of Progress * * * * * action must be post marked by March requirements. These are the Beaumont/ (c) Unless otherwise authorized by the 29, 1996. Port Arthur (serious), Dallas/Fort Worth Secretary, no accountable officer shall ADDRESSES: Written comments on this (moderate), El Paso (serious), and the purchase foreign exchange which, action should be addressed to Mr. Houston/Galveston (severe) areas. Texas together with the balance on hand at the Thomas H. Diggs, Chief, Air Planning adopted measures for the 15 Percent time of purchase, would exceed Section, at the EPA Regional Office Rate of Progress Plans and the required estimated requirements for a 5–7 listed below. Copies of the documents contingency measures in two phases. business day period. relevant to this action are available for Phase I was submitted to the EPA on November 13, 1993, and contained * * * * * public inspection during normal Dated: December 4, 1995. business hours at the following measures achieving the bulk of the required reductions in each of the Russell D. Morris, locations. Persons interested in examining these documents should nonattainment areas. Phase II was Commissioner. submitted May 9, 1994. The Phase II [FR Doc. 96–899 Filed 1–26–96; 8:45 am] make an appointment with the appropriate office at least 24 hours submittal was to make up the shortfall BILLING CODE 4810±35±P before the visiting day. in reductions not achieved in the Phase I measures. The combination of the U.S. Environmental Protection Agency, Phase I and Phase II measures was ruled Region 6, Air Planning Section (6PD– ENVIRONMENTAL PROTECTION complete by the EPA on May 12, 1994. L), 1445 Ross Avenue, Suite 700, AGENCY On August 3, 1994, Texas submitted Dallas, Texas 72202–2733. rules for the review and processing of Texas Natural Resource Conservation 40 CFR Part 52 Alternate Means of Control (AMOC). Commission, 12100 Park 35 Circle, These revisions provide for the EPA [TX43±1±6275; FRL±5403±7] Austin, Texas 78711–3087. review and approval of AMOC plans. FOR FURTHER INFORMATION CONTACT: Mr. On November 9, 1994, Texas submitted Clean Air Act Limited Approval and Guy R. Donaldson, Air Planning Section Limited Disapproval of 15 Percent Rate a narrative explanation and justification (6PD–L), USEPA Region 6, 1445 Ross of the AMOC process with their plan to of Progress and Contingency Plans for Avenue, Dallas, Texas 75202–2733, Texas reduce emissions an additional 9 telephone (214) 665–7242. percent in the Houston/Galveston and AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Beaumont/Port Arthur Areas. Agency (EPA). The EPA has analyzed the November Background: ACTION: Notice of proposed rulemaking. 13, 1993, submittal; May 9, 1994, Section 182(b)(1) of the Clean Air Act submittal; August 3, 1994 submittal; and SUMMARY: The EPA proposes a limited (CAA), as amended in 1990, requires the AMOC narrative portion of the approval and limited disapproval of the ozone nonattainment areas with November 9, 1994, submittal; and State Implementation Plan (SIP) classifications of moderate and above to believes that these proposed 15 Percent revisions submitted by the State of develop plans to reduce area-wide VOC Plans and Contingency Plans can be Texas to meet the 15 Percent Rate of emissions by 15 percent from a 1990 given limited approval because they Progress Plan requirements of the Clean baseline. The plans were to be overall would strengthen the SIP by Air Act. The EPA is proposing a limited submitted by November 15, 1993 and achieving reductions in VOC emissions. approval because the 15 Percent Plans, the reductions were required to be The 15 Percent Plan and Contingency submitted by Texas, will result in achieved within 6 years of enactment or Plans do not, however, achieve the total significant emission reductions from the November 15, 1996. The Clean Air Act required percentage of reductions. 1990 baseline and thus, will improve air also sets limitations on the creditability Therefore, the EPA is proposing a quality. Simultaneously, the EPA is of certain types of reductions. limited disapproval of the plans. Also, proposing a limited disapproval of the Specifically, States cannot take credit the control measures in the four 15 15 Percent Plans because they fail to for reductions achieved by Federal Percent Plans and Contingency Plans demonstrate sufficient reductions of Motor Vehicle Control Program cannot be completely approved, because area-wide Volatile Organic Compounds (FMVCP) measures (new car emissions they do not meet all of the underlying (VOC) to meet the 15 Percent Rate of standards) promulgated prior to 1990 or conditions of the Clean Air Act. Progress requirements. Also, the EPA is for reductions resulting from Therefore, the EPA is only proposing proposing a limited approval of the requirements to lower the Reid Vapor limited approval of the control measures contingency plans because these plans, Pressure of gasoline promulgated prior in the 15 Percent Plans and the if implemented, will result in emission to 1990. Furthermore, the CAA does not Contingency Plans as a strengthening of reductions that will improve air quality. allow credit for corrections to Vehicle the SIP. The EPA is not taking any Simultaneously, the EPA is proposing a Inspection and Maintenance Programs action on whether the control measures limited disapproval of the contingency (I/M) or corrections to Reasonably included in these plans comply with the 2752 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

RACT requirements of CAA section Analysis Calculation of Target Level Emissions 182(b)(2), or any other underlying CAA Emission Inventory requirement. In addition, the EPA is Texas subtracted the non-creditable proposing limited approval of only the The base from which States determine reductions from the FMVCP and Reid Vapor Pressure (RVP) program from the AMOC portion of the November 9, 1994, the required reductions in the 15 1990 inventory. This subtraction results submittal as a strengthening of the SIP. Percent Plan is the 1990 emission inventory. The EPA approved the Texas in the 1990 adjusted inventory. The The EPA is taking no action on any 1990 base year inventory on November total emission reduction required to other portion of the November 9, 1994, 8, 1994 (59 FR 55586). The inventory meet the 15 Percent Rate of Progress submittal. For a complete discussion of approved by the EPA and the one used Plan requirements equals the sum of 15 EPA’s analysis of the State submittals, in the 15 Percent Rate of Progress plans percent of the adjusted inventory, plus please refer to the Technical Support are the same except for some minor reductions to offset any growth that Document for this action. A summary of differences. The inventory used in the takes place between 1990 and 1996, the EPA’s findings follows. 15 Percent Rate of Progress Plans is plus any reductions that result from slightly larger than the approved corrections to the I/M or VOC RACT inventory. So it results in slightly more rules. Table 1 summarizes the required reductions. It is, therefore, a calculations for the nonattainment areas somewhat conservative approach. in Texas.

TABLE 1.ÐCALCULATION OF REQUIRED REDUCTIONS (TONS/DAY)

Dallas/Fort Beaumont/ Houston/ Worth El Paso Port Arthur Galveston

1990 Emission Inventory ...... 644.93 87.24 342.63 1179.27 1990 Adjusted ...... 542.68 73.97 331.16 1090.94 15% of adjusted ...... 81.40 11.10 49.67 163.64 RACT and I/M Corr ...... 99 1.57 4.28 11.83 1996 Target ...... 460.29 61.30 277.21 915.47 1996 1 Projection ...... 606.22 82.68 324.89 1147.71 Required Reduction ...... 145.93 21.38 47.68 232.24 1 1996 forecasted emissions with growth and pre-1990 controls.

Measures Achieving the Projected Bakeries offset printing operations in the El Paso Reductions area. This control measure was also Texas made revisions to its vent gas adopted as a contingency measure in the For each of the four nonattainment control rules (30 TAC 115.121–129) to Houston/Galveston and Beaumont/Port areas, Texas provided a plan to achieve require controls on commercial Arthur areas. These operations produce the required reductions. The specific bakeries. These bakeries can be a wide variety of products such as measures adopted in each of the areas significant sources of VOC emissions in magazines, newspapers and books. The vary with the combination of sources in the form of ethanol produced by yeast rules regulate emissions from the each area. The following is a concise in the leavening process. The ethanol is fountain solution, clean up solvent, and description of each control measure liberated primarily when the bread is dryer exhaust. The EPA believes that Texas used to achieve reductions credit baked in the oven. These rules apply to these rules will result in enforceable in the plan. The EPA is proposing major source bakeries in the Dallas/Fort emission reductions. The EPA is limited approval of the following Worth and Houston/Galveston areas. proposing to approve these rules as a control measures as a strengthening of Major sources are defined as those strengthening of the SIP and agrees with the SIP and agrees with the emission emitting more than 100 tons/year in the the associated projected emission Dallas/Fort Worth area and more than reductions projected in the State reductions. 25 tons/year in the Houston area. These submittals for these measures. rules require that the bakeries reduce Consumer Products Stage II Vapor Recovery emissions by 30 percent from the levels Under section 183(e)(9) of the Clean reported in the 1990 emissions Air Act, states may develop and submit This measure requires the installation inventory. Each of the affected bakeries to the Administrator a procedure under and operation of vapor recovery has submitted control plans to achieve state law to regulate consumer and equipment on gasoline pumps to reduce the required reductions. Upon the EPA’s commercial products, provided they the emissions during refueling. The approval of these rules, these control consult with the EPA regarding other rules of the program are contained in 30 plans will become Federally State and local regulations for consumer TAC Chapter 115.241–259. The EPA enforceable. The control plans all rely and commercial product rules. approved these rules in the Federal on some form of incineration and Throughout the process of regulating Register on April 15, 1994, (59 FR should easily achieve the expected consumer and commercial products, 17940). The EPA agrees with the reductions. The EPA proposes to Texas has consulted the EPA and other reductions projected for this measure in approve these rules as a strengthening of states to utilize the collective expertise the Beaumont/Port Arthur, Dallas/Fort the SIP and agrees with the associated of other regulatory bodies in drafting Worth and Houston areas. In the El Paso projected emission reductions. and adopting their regulation. The rule area, the EPA believes that too much Offset Lithography: applies to any person offering a credit has been claimed in the proposed consumer or commercial product for SIP revision. (see noncreditable These rules, contained in 30 TAC sale, supply, distribution, manufacture reductions). 115.442–449, regulate emissions from or use in Texas. Consumer and Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2753 commercial products include all VOC- that will further limit the VOC content use control efficiency during annual emitting products used in homes, of coatings. The EPA believes the inspections and to revising the State’s businesses, institutions, and a multitude combination of the emission reductions upset/maintenance rule to require more of commercial manufacturing from the State rules and creditable record keeping. These confirmation operations. The Texas rules, found at 30 emission reductions from future studies will be expected to be submitted TAC 115.600–625 apply standards for national rules will result in the levels with the State’s Milestone Compliance the VOC content of the products in 26 projected in the State’s submittal. The Demonstration. The EPA believes the categories. EPA is proposing to approve these State projected emission reductions are The rules allow the Executive Director rules as a strengthening of the SIP. appropriate. of the Texas Natural Resource Conservation Commission (TNRCC) to RACT Catch Up Wood Parts and Products Coatings grant Innovative Product Waivers to Section 182(b)(2)(B) of the Clean Air These rules, found at 30 TAC exempt products from the VOC content Act requires that moderate and above 115.421(a)(13), limit the VOC content of requirements of this rule; if the ozone nonattainment areas adopt rules wood coatings. The rules apply to wood Executive Director determines the to require RACT for all VOC sources in part and product manufacturers in the innovative product emits, equal to or the area covered by any Control Houston, El Paso and Dallas/Fort Worth less than, the emissions from a Technique Guideline (CTG) issued areas. Texas has projected a 20 percent representative consumer product that is before the date of the enactment of the reduction in emissions due to the rules, in compliance. In general, the EPA can Clean Air Act Amendments of 1990. In which the EPA believes is appropriate. grant approval of a rule that allows the practice, this required areas that were The EPA is proposing to approve these State discretion to grant variances or considered rural under pre-amendment rules as a strengthening of the SIP. The exemptions without a full SIP revision, guidance to ‘‘catch up’’ by adopting the EPA also agrees with the projected only if the rule contains specific same requirements as urban reductions. conditions and a replicable procedure nonattainment areas. Newly designated for the granting of the waivers. The EPA nonattainment areas were required to Fugitive Emission Control does not believe that the Texas adopt rules based on the pre- 115.352–115.357 These rules, consumer/commercial product rule amendment CTG’s. Also, RACT was to contained at 30 TAC 115.352–115.357, contains such a replicable procedure be applied to smaller sources of tighten leak detection and repair that the EPA could use to verify a emissions in some instances because the requirements in petroleum refining and waiver was merited. The EPA believes amount of emissions defining a major petrochemical processes. Texas changed it is appropriate to approve the rule as source in serious and above the leak detection minimum from a strengthening of the SIP in this nonattainment areas was reduced by the 10,000 ppm to 500 ppm for valves. The specific case, because EPA intends to Clean Air Act Amendments of 1990. EPA is proposing to approve these rules promulgate national rules for the In Texas, Beaumont/Port Arthur was as a strengthening of the SIP. The EPA regulation of consumer and commercial a rural nonattainment area prior to the also agrees with the projected products under section 183 of the CAA 1990 amendments. Also, the following reductions. in the near future. Thus, requiring the counties were added to the Municipal Waste Landfills state to develop a replicable waiver nonattainment areas based on the Clean procedure now would duplicate efforts Air Act amendments of 1990; Collin, These rules, contained at 30 TAC that will also occur through Denton, Fort Bend, Liberty, 115.152–115.159, limit emissions from promulgation of the national rules. The Montgomery, Waller, Chambers and municipal waste landfills. The EPA is proposing to approve these rules Hardin. Texas submitted rules to meet decomposition of municipal waste as a strengthening of the SIP and agrees the RACT catch up requirements. The generates large amounts of methane and with the projected emission reductions. EPA approved these submittals on May significant amounts of VOC’s. These 8, 1995 (60 FR 12438). Emission emissions can be captured and recycled Automobile Refinishing: reductions from these rule changes are or flared. The EPA has proposed a New Texas has adopted measures to reduce creditable toward the Rate of Progress Source Performance Standard for new emissions from repainting cars at auto requirement. The EPA agrees with the landfills, and also proposed body repair shops. Reductions are reductions projected in the 15 Percent requirements which States will be achieved through two mechanisms. Rate of Progress plans due to RACT required to adopt for existing landfills First, limits on the VOC content of catch up rule changes. under section 111(d) of the CAA. Texas paints and primers have been set. has proceeded with rules in advance of Rule Effectiveness Improvements Second, the application equipment must final national rules so the reductions be High Volume Low Pressure Rule Effectiveness (RE)is an can be achieved by 1996. The EPA is equipment or equivalent. This adjustment to an emission reduction proposing to approve these rules as a equipment tends to increase the transfer calculation that compensates for the fact strengthening of the SIP. The EPA also efficiency, or the percentage of paint that facilities are not fully in agrees with the projected reductions. that actually adheres to the vehicle. By compliance with a given rule 100 getting a higher percentage of the paint percent of the time. Texas expects that SOCMI Reactor and Distillation on the car, less paint is used and less compliance will improve from 1990 These rules require control of VOC is emitted to the atmosphere. The levels for various reasons, the most emissions from reactor and distillation rules also require special equipment be important of which is a large projected vents in the synthetic organic chemical used for equipment cleaning which will increase in State enforcement staff. To manufacturing industry. These rules result in lower solvent emissions. These insure that real emission reductions were based on a draft CTG that has since requirements contained at 30 TAC have occurred, the State must commit to been finalized. The EPA is proposing 115.421–422 have been adopted for all performing a study to confirm that the approval of these rules as a four nonattainment areas. rule has achieved the expected strengthening of the SIP. The EPA also In addition to the State rules, the EPA effectiveness. Texas has committed to agrees with the projected emission intends to promulgate a national rule conducting detailed inspections of in- reductions. 2754 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

Carswell Fire Training program. This request was approved in the 15 percent SIP target and there may This emission reduction is included the Federal Register on October 8, 1992 ultimately be insufficient VOC in the Rate of Progress plan because (57 FR 46317). These emission reductions to achieve attainment of the Carswell Air Force Base no longer reductions are fully creditable toward NAAQS. The State considered two fuel conducts fire training exercises. A letter the Dallas/Fort Worth Plan. The EPA control measures: opting into the federal of commitment from the Air Force Base, agrees with the reductions that have reformulated gasoline program (RFG) or adopted into the Dallas/Fort Worth 15 been projected due to the introduction implementing a Low RVP (7.0 psi) percent plan, documents that these of reformulated gasoline in the Dallas/ Program. The State, with help and input training exercises are no longer Fort Worth area. from local area refineries, determined the two programs would generate the conducted at the base and will not be Reid Vapor Pressure Control conducted in the future. The EPA also same VOC emission reductions in the El Texas has enacted rules (30 TAC agrees with the projected emission Paso ozone nonattainment area. 115.252–115.259) lowering the allowed reductions. However, as explained below, El Paso RVP of gasoline sold in the El Paso may receive additional VOC reductions Degassing or Cleaning of Vessels nonattainment area. RVP is a measure of from the Low RVP Program when the (115.541–115.549) the tendency of gasoline to evaporate. Juarez area is considered. The local area These rules require the control of Lowering the RVP results in lower VOC refineries expressed support for the Low emissions that occur during the emissions and the reductions can be RVP Program over an RFG Program degassing or cleaning of stationary or credited to the plan. The rules require because of economic reasons as outlined transport vessels by the capture and the gasoline sold in El Paso between below. either recovery or destruction of the June 1 and September 15 of each year El Paso and Juarez, Mexico are resulting emissions. The EPA is to have an RVP of no greater than 7.0 essentially one air shed from an air proposing to approve these rules as a psi. quality standpoint. Modeling submitted strengthening of the SIP. The EPA also State governments are generally by the State demonstrates El Paso is in agrees with the projected reductions. preempted under section 211(c)(4)(A) of attainment of the NAAQS for ozone but the CAA from requiring gasoline sold in for emissions from Juarez and suggests Outdoor Burning any area in a State to meet an RVP that reduction of VOC emissions from Texas has calculated the reduction in standard different from the federal Juarez will be needed for the El Paso VOC emissions that have occurred due standard. However, under 211(c)(4)(C) a area to attain the NAAQS for ozone. to the more stringent outdoor burning State can require a more stringent RVP This modeling, in support of a 179B restrictions that have been implemented standard in its SIP if the more stringent demonstration, has been submitted by in the El Paso area as required by the El standard is necessary to achieve the the State and is pending before the EPA. Paso PM–10 SIP approved on January National Ambient Air Quality Standard Action on this submittal will be taken 18, 1994 (59 FR 2532). The EPA also (NAAQS) in a particular nonattainment in a separate Federal Register notice. agrees with the projected emission area. The State can make this Currently, Juarez is receiving in reductions. demonstration of necessity by providing excess of 80 percent of its gasoline from evidence that no other measures exist refineries located in El Paso. The local Gasoline Terminals that would bring about timely area refineries estimated the cost to Texas projected emission reductions attainment, or that such measures exist, produce low RVP gasoline would be from tightening the control are technically possible to implement, about one cent per gallon over that of requirements contained in 30 TAC but are unreasonable or impracticable. conventional gasoline. The capital 115.211–219 for vapor recovery devices Economic consequences may be investments and other costs necessary on gasoline terminals used by gasoline considered in this demonstration. If a for the production of RFG was estimated powered transport trucks. Various other State makes this demonstration, it can to increase the cost of RFG by about four changes have also been made to lower the volatility to whatever cents per gallon. The State concluded strengthen these rules. The EPA is standard is necessary for the that the Juarez market would accept the proposing to approve these revisions to nonattainment area. small increase in the cost of low RVP the State rules as a strengthening of the In addition to the control measures gasoline and El Paso would be subjected SIP. The EPA also agrees with the mandated by the CAA, Texas has to VOC emissions from Juarez based on emission reductions associated with compiled a Control Measure Catalog for gasoline with an RVP of slightly more these measures. each of its nonattainment areas and has than 7.0 psi. Contrarily, the State graded each measure on its viability for concluded that the higher cost of RFG Reformulated Gasoline use in these 15 Percent Plans. The grade would likely result in Juarez requesting Section 211(k) of the CAA requires was based on six criteria; cost of conventional gasoline from the El Paso that after January 1, 1995, in severe and implementation, reactivity, emission refineries, with an RVP of 9.0 psi or above ozone nonattainment areas, only reductions potential, technical higher, rather than RFG. Because the reformulated gasoline be sold or feasibility, toxicity, and enforceability. low RVP gasoline is more likely to be dispensed. This gasoline is reformulated The Catalog identified fourteen control accepted in Juarez, it is expected to to burn cleaner and produce fewer measures for the El Paso area; the El generate additional reductions that will evaporative emissions. As a severe area, Paso 15 Percent Plan contained all of be needed for attainment of the NAAQS Houston will benefit from these these measures and an additional ten for for ozone in El Paso beyond those emission reductions. The EPA agrees a total of twenty-four. The EPA believes reductions generated by an RFG with the emission reductions that the the State has considered all of the program. In a letter to the Chairman of State has projected for the Houston area. reasonably available control measures. the Texas Natural Resource Section 211(k)(6) allows other Included among these control Conservation Commission from the nonattainment areas to ‘‘opt in’’ to the measures was control of VOC’s from Director of the EPA’s Office of Air program. On June 11, 1992, the fuel. In the absence of fuel controls, it Quality Planning and Standards, dated Governor of Texas asked that the Dallas/ was projected there would be June 23, 1995, the EPA indicated the Fort Worth area also participate in the insufficient VOC reductions to achieve State could, with conditions, use the Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2755 expected emission reductions from amendments of 1990, the resulting Off-Road Reformulated Gasoline Juarez to meet the requirements of the emission reductions are creditable 15 Percent SIP. In a future submittal, toward the 15 percent reduction goal. The use of reformulated gasoline will Texas will need to substantiate and The EPA agrees with the State’s also result in reduced emissions from quantify the expected reductions from projected emission reductions. off-road engines such as outboard the Juarez area as a result of the Low motors for boats and lawn mower RVP Program. Transportation Control Measures (TCM) engines. The EPA agrees with the El Paso is also a Carbon Monoxide reductions projected in the plans for off- The State has included several TCM’s nonattainment area and Texas has road engines utilizing reformulated such as high occupancy vehicle lanes, implemented an Oxygenated Fuel gasoline. traffic signal and intersection Program with a control period from improvements in the plans that result in Tier III Jet Engine Standards September 1 of one year to March 31 of the next. The monitoring and emission reductions in the Dallas/Fort Aircraft are required by Federal enforcement of the program has been Worth, Houston, and El Paso Aviation Administration (FAA) rules to delegated to the El Paso City/County nonattainment areas. The emission have engines that meet Tier III Health and Environmental District reductions from TCM’s are standards. These standards result in (District). The District has dedicated approximately 6.94 tons/day for Dallas/ engines designed to be both quieter and resources, personnel and equipment, to Fort Worth, 0.30 tons/day for El Paso, less polluting. These rules contain a this program. The State also intends to and 0.10 tons/day for the Houston area. phase in schedule with full compliance delegate the monitoring and In addition, TNRCC has adopted a set of required by the year 2000. The EPA enforcement of the Low RVP Program to TCM rules which were submitted under agrees with the projected emission the District. Since the Oxygenated Fuel separate cover as a SIP revision for the reductions contained in the State Program is a winter program and the EPA’s approval. The TCM rules will be submittal. Low RVP Program is a summer program supplementing the control strategy SIPs the District will be able to utilize the in order to assure implementation of the Benzene National Emission Standards same resources in both programs TCM’s. The EPA has reviewed the for Hazardous Air Pollutants resulting in a savings of administrative TCM’s included in the 15 Percent Rate (NESHAPS) costs. Thus the State is implementing of Progress plans and agrees with the In January 1993, the EPA promulgated strategies specific to their pollution projected reductions. The EPA is not, 40 CFR 61 subpart FF, National abatement needs; an Oxygenated Fuel however, taking action at this time on Emission Standard for Benzene Waste Program in the winter months and a the TCM rules. The EPA will be taking Operations. Texas has quantified the Low RVP Program during the high action on the TCM rules in a separate VOC reductions that will result from ozone period of the summer. Federal Register notice. these rules in the Beaumont area. The For the reasons stated above, the EPA Small Gas Utility Engines EPA agrees that these reductions will believes the State has satisfied the occur. requirements of section 211(c)(4)(C) to Texas calculated emission reductions Measures Achieving Less Than the demonstrate that the Low RVP Program that were expected to result from a State Projected Emission Reductions is necessary to achieve the NAAQS for rule requiring that cleaner burning small ozone in the El Paso area. The State has gas utility engines be manufactured for For the following control measures, demonstrated that all other reasonable sale in Texas. The State has since and available sources of VOC reductions the EPA believes that the amount of revised the rule to allow for a later have been considered and used; and emission reduction that has been compliance date. This could have that the only other alternative available claimed in the State submittals is not resulted in a loss of projected emission for VOC emissions reductions, the RFG appropriate or is inadequately reductions. The EPA, however, believes Program, will not yield VOC reductions documented. The EPA does not agree in Juarez that will be needed for the that the expected emission reductions with the projected emission reductions eventual attainment of the NAAQS of still occurred during 1994 and 1995 and that are in excess of those which the ozone in the El Paso area. The EPA is will occur during 1996, as a result of EPA believes will actually occur. small engine modifications made by the proposing limited approval of the Architectural and Industrial industry’s major manufacturers. These State’s Low RVP Program. The EPA Maintenance Coatings (AIM) agrees with the projected emission reductions are the result of actions taken reductions, in the El Paso area from the by the industry in advance of the Emission reductions have been Low RVP program. However, if the State Federal Emission Standards for New projected for AIM coatings due to the wishes to credit emission reductions Non-road Spark-Engines at or below 25 expected promulgation by the EPA of a occurring in the Jaurez area, due to the Horsepower (Phase I) that will take national rule. In a memo dated March low RVP program, as outlined in the effect in the 1997 model year. To 22, 1995, the EPA provided guidance on EPA’s June 23, 1994 letter; Texas will, demonstrate that reductions have the expected reductions from the in future SIP revisions, need to occurred, the industry has provided national rule. It is expected that substantiate and quantify the expected sufficient Texas specific sales data and emissions would be reduced by 20 reductions from the Juarez area as a engine specification information to the percent. Texas has taken 25 percent result of the Low RVP Program. EPA demonstrating that significant reduction credit in its plan. This was emission reductions are expected to based on previous guidance from the Tier I Federal Motor Vehicle Control occur during the 1994, 1995, and 1996 EPA that 25 percent reductions would Program calendar years. The EPA agrees these occur. Since the 20 percent more The EPA promulgated standards for emission reductions will occur. The accurately reflects the emission 1994 and later model year light-duty EPA is taking no action on Texas’ small reductions that will occur in practice, vehicles and light-duty trucks (56 FR engine rule because it now largely the EPA does not agree with the 25724, June 5, 1991). Since the duplicates already promulgated Federal reductions projected in excess of 20 standards were adopted after the CAA requirements. percent. 2756 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

Vehicle Inspection and Maintenance (I/ than 25 tons per year) sources, when the refining industry. This assumes that the M) rule only applies to 100 ton/year or State rule is based on a control program The plans in each of the four areas greater sources. The smaller area as effective as the wastewater emission relied on revised vehicle I/M programs sources, those that emit less than 25 control program in the National that were developed by the State of tons per year, would remain Emission Standards for Hazardous Air uncontrolled. The EPA cannot ascertain Pollutants (NESHAP) for the Synthetic Texas and submitted to the EPA on what portion of the emission reductions Organic Chemical Manufacturing November 12, 1993, and on March 9, claimed from the point source inventory Industry (40 CFR 63.100). This rule is 1994. The EPA evaluated these are from sources that emit between 25 generally referred to as the Hazardous programs and approved them into the and 100 tons/year but expects that this Organic NESHAP (HON). The Texas SIP on August 22, 1994. Texas began is a relatively small amount. Therefore, rule, however, is not as stringent in its implementing these programs in the EPA can agree with the emission control requirements when compared to January, 1995. The Texas legislature reductions associated with marine requirements expected in the draft CTG enacted a bill on May 1, 1995, giving the vessel loading operations contained in or the HON. Chief among the differences governor authority to develop a revised the point source inventory only with the is that the Texas rule merely requires program. During the interim, the understanding that before a final action, that streams be treated to remove VOC legislation reinstated the I/M programs the State will demonstrate that no down to a concentration of 1000 ppm. in existence prior to January 1, 1995. In emission reductions are being projected In contrast, the HON requires that the June 1995, the TNRCC adopted for sources in the 25–100 ton/year VOC concentration in any stream with emergency rules to reinstate the pre- emissions range. The EPA cannot agree a concentration greater than 1000 ppm, 1995 programs. As a result of these with the projected emission reductions must be reduced to the level that can be actions, the emission reductions that associated with area source marine achieved by a steam stripper. This level were expected to result cannot be vessel loading operations. can be far lower than 1000 ppm. Even expected to be achieved. Thus, the EPA The EPA is aware that Texas now if the Texas control program were cannot agree with the projected believes that all of the marine vessel similar to the program in the HON for emission reductions for vehicle loading emissions are covered in the the control of hazardous air pollutants, inspection and maintenance. point source inventory and that the area it would be expected to get less than the Employee Commute Options source inventory is zero. If this is the 90 percent emission reductions case, future SIP revisions should reflect projected by the State because of the On March 7, 1995 (60 FR 12442), the this adjustment and the projected exemption levels that were chosen. EPA approved a revision to the Texas emission reductions should be adjusted The EPA is proposing limited SIP incorporating an Employee accordingly. approval of the Texas rules for control Commute Options/Employer Trip of wastewater emissions as a Industrial Wastewater Reduction Program. The program is strengthening of the SIP that will result required in all severe and extreme ozone Texas has adopted rules for control of in emission reductions. The EPA cannot nonattainment areas. For Texas, this emissions from industrial wastewater. agree with all of the emission reductions affects the Houston/Galveston These rules were based on a draft that have been projected. From the nonattainment area. On April 18, 1995, Control Technique Guideline for the information provided, the EPA cannot the Governor of Texas signed legislation control of emissions from wastewater. ascertain what the actual emission which suspended the program for 180 The TNRCC rule applies to VOC reductions from this program will be. days and allowed additional 45 day emissions from wastewater from the The EPA, perhaps, could agree to suspensions of the program at the organic chemicals, plastics, and emission reductions based on a control discretion of the Governor. The TNRCC synthetic fibers manufacturing industry efficiency of 42 percent drawn from an is in the process of restructuring the (Standard Industrial Classification codes average of the petroleum refinery and program. Due to the suspension of the 2821, 2823, 2824, 2865 and 2869), Synthetic Organic Chemical program, the 1.81 tons per day of pesticide manufacturing industry, Manufacturing Industry emission emission reductions claimed for the petroleum refining industry, reduction estimates in the draft CTG. Houston/Galveston nonattainment area pharmaceutical manufacturing industry, However, the Texas wastewater rules cannot be expected to be achieved. and hazardous waste treatment, storage, could result in less control than Thus, the EPA cannot agree with the and disposal facilities. The essential contemplated in the draft CTG. To emission reductions projected for this concept in the TNRCC rule is to assure creditable emissions reductions, program in the Houston/Galveston 15 suppress VOC emissions from all before the EPA’s final action, the State Percent Rate of Progress Plan. wastewater streams that have either should document the actual emission greater than 10,000 ppm VOC at any Marine Vessel Loading reductions that can be expected from flow rate or 1000 ppm VOC and a flow the State rule. These rules are designed to reduce rate greater than 10 liters/minute. The emissions that result from the loading of rule encourages facilities to remove the Other Coatings VOC’s into marine vessels in the VOC’s from the stream before they are Reductions are projected in this Houston area. The rules control sources emitted to the air. The 15 Percent Rate category in the El Paso area but there are that emit more than 100 tons/year. The of Progress plans claim a 90 percent no rules or documentation in the plan. EPA believes that the rules will result in overall control efficiency for this Therefore, EPA cannot agree with these enforceable emission reductions toward measure. projected emission reductions. the 15 Percent Rate of Progress Plan for In contrast, the EPA expects that the Houston. The EPA is therefore, overall reductions expected from Acetone Substitution proposing to approve these rules as a control of wastewater streams using the These rules are designed to limit strengthening of the SIP. exemption cutoffs in the Texas rule are emissions from cultured (synthetic) Texas, however, projected reductions 43 percent for the organic, chemicals, marble and fiber reinforced plastic from both points (defined as greater plastics and synthetic fibers industry, (FRP) operations in the Dallas/Fort than 25 tons per year) and area (less and 41 percent control for the petroleum Worth, El Paso, and Houston areas. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2757

These operations typically used large TABLE 2.ÐSUMMARY OF CREDITABLE TABLE 4.ÐSUMMARY OF CREDITABLE quantities of acetone as a cleaning AND NONCREDITABLE EMISSION RE- AND NONCREDITABLE EMISSION RE- solvent. These rules limit the use of DUCTIONS: DALLAS/FORT WORTH DUCTIONS: BEAUMONT/PORT AR- acetone or require the use of substitute (TONS/DAY)ÐContinued THUR (TONS/DAY)ÐContinued materials with a low vapor pressure. The EPA added acetone to the list of Acetone Replacement ...... 0.29 Total noncreditable ...... 3.37 non-reactive compounds on June 16, 1995 (60 FR 31633). Therefore, the EPA Total noncreditable ...... 45.17 Short fall ...... 2.78 will take no action on these rules. As a Short fall ...... 43.90 result, the EPA cannot agree with the TABLE 5.ÐSUMMARY OF CREDITABLE use of these projected emission AND NONCREDITABLE EMISSION RE- reductions toward the 15 Percent Rate of TABLE 3.ÐSUMMARY OF CREDITABLE DUCTIONS: HOUSTON/GALVESTON Progress Plan. AND NONCREDITABLE EMISSION RE- (TONS/DAY) Stage II in El Paso DUCTIONS: EL PASO (TONS/DAY) Required Reduction ...... 232.24 In the SIP revision, Texas assumed an Required Reduction ...... 21.38 in-use efficiency of 88 percent for Stage Creditable Reductions: II in El Paso. In the other three areas, Creditable Reductions: RACT Catch-up ...... 27.09 TSDF ...... 80 Texas assumed an 81 percent in-use RACT Catch-up ...... 0.71 Stage II ...... 1.87 Stage II ...... 16.89 efficiency. The EPA believes that 81 Aircraft Stage III ...... 0.02 VOC Storage, Transportation ...... 0.46 percent in-use efficiency is appropriate FMVCP Tier I ...... 0.25 Reform Gas: based on the number of inspections Auto Refinishing ...... 1.13 On Road ...... 19.33 Off Road ...... 6.53 Offset Printing ...... 0.56 being performed and the percentage of FMVCP Tier I ...... 1.49 Vessel Loading ...... 0.32 exempted stations. Therefore, the Auto Refinishing ...... 7.15 Fugitives ...... 1.13 emission reductions from the higher in- Vessel Cleaning/Degassing ...... 2.74 RE Improvements ...... 0.61 SOCMI Rct. & Dist...... 5.55 use efficiency were not documented and Gas Utility Engines ...... 0.84 Fugitive Controls ...... 34.61 cannot be credited toward the rate of TCM's ...... 0.30 RE Improvements ...... 8.56 progress plan for El Paso. The EPA can Architectural Coatings ...... 1.05 Gas Utility Engines ...... 9.08 agree with emission reductions based on Consumer/Commercial Products ...... 0.61 TCMs ...... 10 Municipal Landfills ...... 0.21 Consumer/Commercial Products ...... 3.85 an 81 percent in-use efficiency. The Industrial Wastewater ...... 0.27 Marine Vessel loading ...... 1 13.73 EPA cannot agree with the emission Bulk Gasoline Terminals ...... 0.82 Gasoline Terminals ...... 81 reductions resulting from estimates of Outdoor Burning ...... 0.40 Wood Coating ...... 37 an in-use efficiency in excess of 81 Wood Furniture ...... 0.04 Bakeries ...... 23 RVP (on-road) ...... 2.61 AIM ...... 7.31 percent. RVP (off-road) ...... 0.09 Industrial Wastewater ...... 2 6.20 Shortfall Total ...... 13.84 Total ...... 171.88 Tables 2 through 5 summarize the proposed creditable and noncreditable Noncreditable Reductions: Noncreditable Reductions: AIM ...... 1.83 reductions. AIM ...... 0.37 Inspection & Maintenance ...... 6.72 Indust. Wastewater ...... 7.16 Stage II ...... 0.16 Inspection & Maintenance ...... 34.49 Marine Vessel Loading ...... 13.64 TABLE 2.ÐSUMMARY OF CREDITABLE Other Coatings ...... 0.30 Acetone Replacement ...... 1.43 AND NONCREDITABLE EMISSION RE- Employee Commute Options ...... 1.81 DUCTIONS: DALLAS/FORT WORTH Total Noncreditable ...... 7.55 Total Noncreditable ...... 60.36 (TONS/DAY) Short fall ...... 7.54 Short fall ...... 60.36 Required Reduction ...... 145.93 TABLE 4.ÐSUMMARY OF CREDITABLE 1 Texas should demonstrate that emission Creditable Reductions: AND NONCREDITABLE EMISSION RE- reductions are not being shown here for RACT Catch-up ...... 4.19 sources that emit less than 100 tons/year. Stage II ...... 18.19 DUCTIONS: BEAUMONT/PORT AR- 2 EPA believes these emission reductions Aircraft Stage III ...... 0.60 THUR (TONS/DAY) may be overstated. Texas should show a con- Other VOC storage, transport ...... 0.05 trol efficiency of 42 percent is appropriate in FMVCP Tier I ...... 1.83 Required Reduction ...... 47.68 light of control that is less stringent than the Bakeries ...... 0.12 HON. (See the Technical Support Document). Auto Refinishing ...... 4.51 Municipal Landfills ...... 3.49 Creditable Reductions: Contingency Measures Carswell Fire Training Pit Closure ...... 1.20 RACT Catch-up ...... 18.84 RE Improvements ...... 4.77 Benzene NESHAP ...... 28 Ozone areas classified as moderate or Gas Utility Engines ...... 6.53 TSDF ...... 04 above must include in their submittals, Reform: Stage II ...... 1.94 under section 172(c)(9) of the CAA, On-Road ...... 33.18 FMVCP Tier I ...... 22 Off-Road ...... 3.17 Vessel Cleaning/Degassing ...... 0.02 contingency measures to be TCM's ...... 6.94 Fugitive Controls ...... 15.61 implemented if Reasonable Further Consumer/Commercial Products ...... 3.45 RE Improvements ...... 5.98 Progress (RFP) is not achieved or if the Gasoline Terminals ...... 2.17 Gas Utility Engines ...... 1.05 standard is not attained by the Fugitives ...... 0.07 AIM ...... 0.59 Wood Furniture ...... 1.35 Consumer/Commercial Products ...... 0.33 applicable date. The General Preamble AIM ...... 6.22 to Title I, (57 FR 13498) states that the Total ...... 44.90 contingency measures should, at a Total ...... 102.03 minimum, ensure that an appropriate Noncreditable Reductions: level of emissions reduction progress Noncreditable Reductions: AIM ...... 0.21 AIM ...... 1.09 Inspection & Maintenance ...... 3.16 continues to be made if attainment or Inspection & Maintenance ...... 43.79 RFP is not achieved and additional 2758 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules planning by the State is needed. Commercial Bakeries Vehicle Inspection and Maintenance Therefore, the EPA interprets the CAA All of the contingency plans relied to to require States with moderate and As discussed previously, Texas adopted control measures for major some extent on reductions from the above ozone nonattainment areas to previously planned vehicle inspection include sufficient contingency measures source bakeries in Dallas/Fort Worth and Houston. Texas also adopted for and maintenance program. As discussed in the November 1993 submittal, so that previously, these reductions cannot be upon implementation of such measures, Dallas, Houston and El Paso, a contingency measure for minor source expected to occur. In addition, the State additional emissions reductions of up to bakeries to be controlled in the event a has combined the projected emission three percent of the adjusted base year milestone demonstration or attainment reductions from Tier I FMVCP with the inventory (or a lesser percentage that date is missed. The EPA believes the projected I/M reductions. The EPA will make up the identified shortfall) reductions that are projected if these cannot determine what portion of the would be achieved in the year after the rules are implemented are appropriate. combined reductions are attributable to failure has been identified. States must The EPA is proposing limited approval the Tier I program. Therefore, the EPA show that their contingency measures of these rules as a strengthening of the cannot agree with the projected can be implemented with minimal SIP. reductions from the Tier I program. further action on their part and with no Pesticide Application additional rulemaking actions such as Transportation Control Measures public hearings or legislative review . The contingency plan for El Paso In Dallas/Fort Worth and El Paso, includes reductions from the control of Analysis of Specific Contingency Texas has projected that additional emissions during pesticide application. Measures emission reductions will come from The plan does not include any transportation control measures that supporting documentation for these The following is a discussion of each will be implemented in the 1997 time reductions or rules for the control of of the contingency measures that have frame. These additional reductions emissions from pesticide application. been included in the SIP submittals and serve as a contingency measure if these Therefore, the EPA cannot agree with an analysis of their acceptableness. areas miss a milestone or fail to attain these reductions toward the contingency Degassing or Cleaning of Vessels the standard. The EPA is proposing plan. limited approval of these Transportation Tables 6 through 9 summarize the As discussed previously, this measure Control Measures as a strengthening of reductions that the EPA agrees with and was adopted as part of the 15 percent the SIP. disagrees with in each of the rate of progress plans for the Houston Gas Utility Engines contingency plans. Because Texas has and Beaumont areas. It was also adopted submitted measures for each of the four as a contingency rule in the El Paso and Texas has relied on emission nonattainment areas that will result in Dallas/Fort Worth areas. The EPA reductions from the State small utility reductions in emissions if implemented, believes the reductions that have been engine rule toward the contingency plan the EPA is proposing a limited approval projected if this measure is needed as a from new, cleaner, engines placed in of the four contingency plans because, contingency measure are appropriate. service during 1997. As discussed overall, they would strengthen the SIP. The EPA proposes limited approval of previously, the State rule has been However, none of the contingency plans these rules as a strengthening of the SIP. revised to have a later compliance date. will result in the required three percent While the EPA believes that the data reduction. Therefore, the EPA is also Dry Cleaning Naphtha provided by the small engine proposing a limited disapproval of the manufacturers provides the needed contingency plans. The EPA is These rules adopted at 30 TAC reductions during 1994, 1995 and 1996; proposing limited approval of the 115.552 as a contingency measure it is unclear whether the necessary control measures in the contingency would call for control of dry cleaners reductions will occur during 1997 to be plans because they strengthen the SIP. that use petroleum naphtha. This rule creditable in the contingency plans. The control measures cannot be was adopted as a contingency measure Again, the EPA is taking no action on completely approved because they do in the Dallas/Fort Worth, El Paso, and the State Small utility engine rule. not meet all of the underlying Clean Air Houston areas. The EPA has evaluated Texas, in future submittals, will have to Act requirements. this rule and believes that it will revise its emission reduction estimates achieve the projected reductions in the to be consistent with the data provided TABLE 6: SUMMARY OF CREDITABLE event it must be implemented. The EPA by the small engine manufacturers and AND NONCREDITABLE CONTINGENCY proposes to give limited approval to subsequent EPA policy. MEASURE REDUCTIONS: DALLAS/ these rules as a strengthening of the SIP. Automobile Refinishing FORT WORTH (TONS/DAY) Offset Printing As discussed previously, regulations Required Contingency ...... 16.28 As discussed previously, regulation of on emissions from automobile emissions from offset printing was refinishing were adopted in Dallas/Fort Creditable Contingency Reductions: Vessel Cleaning ...... 0.20 adopted as a 15 percent measure in the Worth, El Paso and Houston. These Dry Cleaning Naphtha ...... 1.96 El Paso area. It was also adopted as a same rules were adopted as contingency Offset Printing ...... 0.85 contingency measure in the Houston measures in the Beaumont/Port Arthur Commercial Bakeries ...... 0.15 and Dallas/Fort Worth areas. The EPA area. The EPA believes that the TCMs ...... 2.03 Gas Utility Engines ...... 1 6.65 believes that the emission reductions projected emission reductions will that have been projected if it is occur if it is necessary to implement this Total ...... 11.84 necessary to implement these rules are rule. Therefore, the EPA is proposing appropriate. The EPA proposes limited limited approval of this rule as a Noncreditable Contingency Reductions: I/M Improvements ...... 3.83 approval of these rules as a strengthening of the SIP in the I/M and Tier I FMVCP ...... 6.65 strengthening of the SIP. Beaumont area. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2759

TABLE 6: SUMMARY OF CREDITABLE TABLE 9ÐSUMMARY OF CREDITABLE specific trade providing the regulatory AND NONCREDITABLE CONTINGENCY AND NONCREDITABLE CONTINGENCY details, the EPA proposes limited MEASURE REDUCTIONS: DALLAS/ MEASURE REDUCTIONS: HOUSTON/ approval of the AMOC provision as FORT WORTH (TONS/DAY)ÐContin- GALVESTON (TONS/DAY) strengthening of the SIP. ued Proposed Action Required Contingency ...... 32.73 Total noncreditable ...... 10.48 The EPA has evaluated these Creditable Contingency Reductions: submittals for consistency with the Act, Municipal Landfills ...... 3.99 Short fall ...... 4.44 Dry Cleaning-Naphtha ...... 1.77 EPA regulations, and EPA policy. The Offset Printing ...... 2.21 15 Percent Plans in these SIP submittals 1 These reductions will need to be reevalu- Utility Engines 1997 ...... will not achieve enough reductions to ated in light of the emisssion reductions infor- 9.20 1 mation provided by the small engine manufac- meet the 15 percent rate of progress turers. Total ...... 17.17 requirements of section 182(b)(1) of the CAA. In addition, the contingency plans Noncreditable Contingency Reductions: in these SIP submittals will not achieve TABLE 7.ÐSUMMARY OF CREDITABLE I/M & Tier I ...... 7.80 AND NONCREDITABLE CONTINGENCY enough emission reductions, if MEASURE REDUCTIONS: EL PASO Total Noncreditable ...... 7.80 implemented, to meet the three percent reduction requirement under 172(c)(9) (TONS/DAY) Short fall ...... 15.56 of the CAA. In light of this shortfall, the 1 Required Contingency ...... 2.22 These reductions will need to be reevalu- EPA cannot grant full approval of these ated in light of the emisssion reductions infor- plan revisions under Section 110(k)(3) Creditable Contingency Reductions: mation provided by the small engine manufac- turers. and Part D. However, the EPA may grant Vessel Cleaning ...... 0.09 a limited approval of the submitted Dry Cleaning Naphtha ...... 0.28 Alternate Means of Control plans under Section 110(k)(3) and Commercial Bakeries ...... 0.05 section 301(a) since the 15 Percent Plans TCMs ...... 0.53 The EPA is approving Texas’ AMOC Gas Utility Engines 1997 ...... 1 0.79 rule contained in 115.901, 910, 911–918 and the Contingency Plans will result in as a strengthening of the SIP. a certain percentage of VOC emission Total ...... 1.74 This rule establishes procedures for a reductions. Thus, the EPA is proposing facility to request use of an AMOC plan a limited approval of Texas’ 15 Percent Noncreditable Contingency Reductions: in lieu of complying with control Plans and Contingency Plans under I/M & Tier I FMVCP ...... 0.63 requirements of Chapter 115, relating to sections 110(k)(3) and 301(a) of the Pesticides ...... 0.08 the control of air pollution from volatile CAA. The EPA is also proposing a Total Noncreditable ...... 0.71 organic compounds. The rule provides limited disapproval of the Texas flexibility for a facility to identify submittals under sections 110(k)(3) and Short fall ...... 0.48 alternative emission reductions. The 301(a) because the submittals do not intent is to allow the regulated fully meet the requirements of section 1 These reductions will need to be reevalu- ated in light of the emisssion reductions infor- community flexibility to control air 182(b)(1) of the CAA for the 15 Percent mation provided by the small engine manufac- pollution through less costly control Rate of Progress Plans, and the plans do turers. strategies while achieving not achieve the required emission environmental standards. reductions. In addition, the plans do not TABLE 8.ÐSUMMARY OF CREDITABLE The rule contains the nine program meet the requirement of section AND NONCREDITABLE CONTINGENCY elements required by the EPA’s 172(c)(9) for contingency measures MEASURE REDUCTIONS: BEAUMONT/ Economic Incentive Program (EIP) rules because the plans will not achieve the PORT ARTHUR (TONS/DAY) (59 FR 16690–16717). The program required 3 percent emission reductions, elements are a Statement of Purpose, if implemented. Required Contingency ...... 9.93 Scope, Baseline, Quantification, Source The EPA is aware that Texas has Requirements, Uncertainty/ undertaken extensive efforts to improve Creditable Contingency Reductions: Reconciliation, Implementation, the accuracy of the 1990 base year Gas Utility Engines ...... 1 1.05 Administrative System, and emission inventory and the accuracy of Auto Refinishing ...... 0.68 Enforcement. The EPA is proposing the emission projections being made for limited approval of the rule under the Total ...... 1.73 1996. In addition, the State has two-step process described in the EPA expressed its intention to submit a Noncreditable Contingency Reductions: rule (59 FR 16694), which permits a revised vehicle I/M program during the I/M & Tier I FMVCP ...... 0.66 State to submit a rule containing the 120 day time frame required by the general framework for the elements and recently adopted National Highway Total Noncreditable ...... 0.66 a specific trade which provides the System Designation Act of 1995. The regulatory details for similar trades. improved emission inventory and Short fall ...... 8.20 Texas submitted the rule to the EPA additional reductions from vehicle I/M 1 These reductions will need to be reevalu- Region 6 on August 3, 1994. A proposed may serve to correct the shortfall ated in light of the emission reductions infor- AMOC plan from Du Pont was identified in this proposed Federal mation provided by the small engine manufac- submitted to the EPA in a letter dated turers. Register Action. To gain full approval, September 19, 1995. The EPA believes Texas will need to submit revised plans that this trade meets the requirements of that document changes to the emissions the AMOC rule and the EIP rule. Having inventory and the necessary enforceable received the general framework and a reductions, such as those resulting from 2760 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules a revised I/M program, to meet the 15 Regulatory Process local, or tribal governments in the percent rate of progress requirements The Office of Management and Budget aggregate. and include sufficient contingency has exempted this action from review Through submission of these SIP measures to achieve a 3 percent under Executive Order l2866. revisions which have been proposed for reduction. Under the Regulatory Flexibility Act, limited approval in this action, the State The EPA believes that approval of the 5 U.S.C. 600 et seq., the EPA must and any affected local or tribal control measures in these plans will prepare a regulatory flexibility analysis governments have elected to adopt the strengthen the SIP. Therefore, the EPA assessing the impact of any proposed or program provided for under section 175A of the CAA. The rules and is proposing limited approval of the final rule on small entities (5 U.S.C. 603 commitments given limited approval in control measures in the 15 Percent Plans and 604). Alternatively, the EPA may this action may bind State, local and and Contingency Plans. The EPA is not certify that the rule will not have a tribal governments to perform certain addressing whether these control significant impact on a substantial actions and also require the private measures, being approved as a number of small entities. Small entities include small businesses, small not-for- sector to perform certain duties. To the strengthening of the SIP, meet any other extent that the rules and commitments underlying requirements of the Act such profit enterprises, and government entities with jurisdiction over being given limited approval by this as the requirement for VOC RACT under action will impose or lead to the 182(b)(2). The EPA will address these populations of less than 50,000. SIP approvals under section 110 and imposition of any mandate upon the requirements in separate Federal State, local, or tribal governments, either Register notices. subchapter I, part D of the Clean Air Act do not create any new requirements, but as the owner or operator of a source or Under section 179(a)(2), if the simply approve requirements that the as a regulator, or would impose or lead Administrator disapproves a submission State is already imposing. Therefore, to the imposition of any mandate upon under section 110(k) for an area because the federal SIP-approval does the private sector; the EPA’s action will designated nonattainment based on the not impose any new requirements, I impose no new requirements. Such submission’s failure to meet one or more certify that it does not have a significant sources are already subject to these of the elements required by the Act, the impact on any small entities affected. requirements under State law. Administrator must apply one of the Moreover, due to the nature of the Accordingly, no additional costs to sanctions set forth in section 179(b) Federal-State relationship under the State, local, or tribal governments, or to unless the deficiency has been corrected CAA, preparation of a regulatory the private sector, result from this within 18 months of such disapproval. flexibility analysis would constitute action. Therefore, the EPA has Section 179(b) provides two sanctions Federal inquiry into the economic determined that this proposed action available to the Administrator: highway reasonableness of State action. The does not include a mandate that may funding and the imposition of emission Clean Air Act forbids EPA to base its result in estimated costs of $100 million offset requirements. The 18-month actions concerning SIPs on such or more to State, local, or tribal period referred to in section 179(a) will grounds. Union Electric Co. v US EPA, governments in the aggregate or to the begin on the effective date established 427 US 246, 256–66 (S.Ct. 1976); 42 private sector. in the final limited disapproval action. U.S.C. 7410(a)(2). List of Subjects in 40 CFR Part 52 If the deficiency is not corrected within The EPA’s proposed limited 6 months of the imposition of the first disapproval of the State request under Environmental protection, Air sanction, the second sanction will section 110 and subchapter I, Part D of pollution control, Hydrocarbons, apply. This sanctions process is set forth the CAA does not affect any existing Intergovernmental relations, Reporting at 59 FR 39832 (Aug. 4, 1994), to be requirements applicable to small and recordkeeping requirements, Ozone, codified at 40 CFR 52.31. Moreover, the entities. Any pre-existing Federal Volatile organic compounds. final disapproval triggers the federal requirements remain in place after this Dated: December 12, 1995. implementation plan (FIP) requirement proposed limited disapproval. Federal A. Stanley Meiburg, under section 110(c). disapproval of the State submittal does Acting Regional Administrator (6RA). Also, 40 CFR 51.448(b) of the Federal not affect its State-enforceability. [FR Doc. 96–1543 Filed 1–26–96; 8:45 am] transportation conformity rules (40 CFR Moreover, the EPA’s limited BILLING CODE 6560±50±P 51.448(b)) state that if the EPA disapproval of the submittal does not disapproves a submitted control strategy impose any new Federal requirements. implementation plan revision which Therefore, the EPA certifies that this 40 CFR Part 52 And 81 proposed limited disapproval action initiates the sanction process under [OH79±2±7115; FRL±5406±5] CAA section 179, the conformity status does not have a significant impact on a of the transportation plan and substantial number of small entities Approval and Promulgation of because it does not remove existing transportation improvement plan shall Implementation Plans and Designation requirements, nor does it impose any lapse 120 days after the EPA’s limited of Areas for Air Quality Planning new Federal requirements. disapproval. Purposes; Ohio Unfunded Mandates Nothing in this proposed rule should AGENCY: Environmental Protection be construed as permitting or allowing Under sections 202, 203, and 205 of Agency (USEPA). or establishing a precedent for any the Unfunded Mandates Reform Act of ACTION: Denial of comment period future request for revision to any SIP. 1995 (‘‘Unfunded Mandates Act’’), extension on proposed rule. Each request for revision to any SIP signed into law on March 22, 1995, the shall be considered separately in light of EPA must undertake various actions in SUMMARY: This action denies a request specific technical, economic, and association with proposed or final rules to extend the comment period on the environmental factors and in relation to that include a Federal mandate that may proposed rule approving the Cleveland/ relevant statutory and regulatory result in estimated costs of $100 million Akron/Lorain (CAL) ozone requirements. or more to the private sector; or to State, nonattainment area redesignation to Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2761 attainment request and maintenance During that period ozone air pollution updated pertains to the requirements for plan. levels also decreased in the CAL area as OCS sources for which the Santa FOR FURTHER INFORMATION CONTACT: demonstrated by ozone ambient air Barbara County Air Pollution Control Mark J. Palermo, Regulation monitoring data. This data District (Santa Barbara County APCD), Development Section, Regulation demonstrated that the area met the South Coast Air Quality Management Development Branch (AR–18J), U.S. ozone National Ambient Air Quality District (South Coast AQMD) and Environmental Protection Agency, Standards (NAAQS) during 1992 Ventura County Air Pollution Control Region 5, 77 West Jackson Boulevard, through 1994. Preliminary ozone District (Ventura County APCD) are the Chicago, Illinois 60604. Telephone: monitoring data for the 1995 ozone designated COAs. The OCS (312) 886–6082. season demonstrate that the CAL area requirements for the above Districts, SUPPLEMENTARY INFORMATION: On June continues to maintain compliance with contained in the Technical Support 15, 1995, the USEPA published a the ambient air quality standards for Document, are proposed to be proposed rule (60 FR 31433) to approve ozone. incorporated by reference into the Code a redesignation to attainment request There is no justification to reopen the of Federal Regulations and are listed in and maintenance plan submitted by the comment period to allow time to review the appendix to the OCS air regulations. State of Ohio for the CAL ozone the 1994 Ohio air toxics study because Proposed changes to the existing nonattainment area, consisting of the the study was neither designed nor requirements are discussed in Counties of Lorain, Cuyahoga, Lake, intended to collect data which could Supplementary Information. Ashtabula, Geauga, Medina, Summit, identify the aggregate ozone precursor DATES: Comments on the proposed and Portage. The maintenance plan is emissions of VOC from every source in update must be received on or before designed to help the area meet the the CAL area for a typical summer day February 28, 1996. ozone air quality standard for the next or determine whether these emissions ADDRESSES: Comments must be mailed ten years. The comment period closed have in fact risen or declined over time. (in duplicate if possible) to: EPA Air on July 17, 1995. On July 19, 1995, the The emission inventory data, submitted Docket (A–5), Attn: Docket No. A–93–16 USEPA received a phone message in the CAL area redesignation request, Section IX, Environmental Protection requesting that the public comment on the other hand, serves both these Agency, Air and Toxics Division, period on the proposed rulemaking be functions. As discussed in the June 15, Region 9, 75 Hawthorne St., San extended until 30 to 60 days after Ohio 1995, Federal Register, the State’s data Francisco, CA 94105. Docket: releases the results of its 1994 air toxics supporting the CAL area redesignation Supporting information used in monitoring study in order to have request fully comports with developing the proposed notice and adequate time to review the 1994 air requirements under the Clean Air Act copies of the documents EPA is toxics monitoring data relating to the and was appropriately compiled in proposing to incorporate by reference city of Cleveland before submitting accordance with USEPA guidance (See are contained in Docket No. A–93–16 comments in full. The Ohio study is an 60 FR at 31433). For the reasons (Section IX). This docket is available for intermittent year round monitoring discussed above, the request to extend public inspection and copying program occurring in certain Ohio the comment period on the proposed Monday—Friday during regular cities, such as Cleveland, which rulemaking has been denied. business hours at the following samples ambient air concentrations of Dated: December 15, 1995. locations: certain air toxics at monitoring locations Valdas V. Adamkus, EPA Air Docket (A–5), Attn: Docket No. in those cities for twenty-four hours Regional Administrator. A–93–16 Section IX, Environmental every six days. In general, some air [FR Doc. 96–1558 Filed 1–26–96; 8:45 am] Protection Agency, Air and Toxics toxics compounds are also classified as BILLING CODE 6560±50±P Division, Region 9, 75 Hawthorne St., volatile organic compounds (VOC), San Francisco, CA 94105. which contribute to ground-level ozone EPA Air Docket (LE–131), Attn: Air formation. The requestor wanted to use 40 CFR Part 55 the air toxics monitoring data gathered Docket No. A–93–16 Section IX, in the city of Cleveland in 1994 relating [FRL±5405±3] Environmental Protection Agency, 401 M Street SW., Room M–1500, to VOCs and compare it with VOC Outer Continental Shelf Air emission inventory data used by Ohio to Washington, DC 20460. Regulations Consistency Update for A reasonable fee may be charged for justify the CAL area redesignation California request. Results of the Ohio air toxics copying. study has been published from the AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: beginning of the program in 1989 to Agency (‘‘EPA’’). Christine Vineyard, Air and Toxics 1993, and at the time the extension ACTION: Notice of proposed rulemaking; Division (A–5–3), U.S. EPA Region 9, 75 request was made the 1994 study had consistency update. Hawthorne Street, San Francisco, CA been completed but not yet published. 94105, (415) 744–1197. To fulfill one of the Clean Air Act’s SUMMARY: EPA is proposing to update a criteria for redesignating ozone portion of the Outer Continental Shelf SUPPLEMENTARY INFORMATION: nonattainment areas under section (‘‘OCS’’) Air Regulations. Requirements Background 107(d)(3)(E), the State of Ohio included applying to OCS sources located within ozone precursor emissions inventory 25 miles of states’ seaward boundaries On September 4, 1992, EPA data to demonstrate that levels of VOCs must be updated periodically to remain promulgated 40 CFR part 55 1, which in the CAL area decreased from 1990 to consistent with the requirements of the established requirements to control air 1993 due to enforceable emissions corresponding onshore area (‘‘COA’’), as reductions resulting from the mandated by section 328(a)(1) of the 1 The reader may refer to the Notice of Proposed implementation of two federal Clean Air Act (‘‘the Act’’), the Clean Air Rulemaking, December 5, 1991 (FR 63774), and the programs; lower fuel volatility and the Act Amendments of 1990. The portion preamble to the final rule promulgated September 4, 1992 (FR 40792) for further background and Federal Motor Vehicle Control Program. of the OCS air regulations that is being information on the OCS regulations. 2762 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules pollution from OCS sources in order to the attainment or maintenance of federal The following rule was submitted to attain and maintain federal and state or state ambient air quality standards or be added as a new requirement: ambient air quality standards and to part C of title I of the Act, that they are Rule 1171—Solvent Cleaning comply with the provisions of part C of not designed expressly to prevent Operations (Adopted 5/12/95) title I of the Act. Part 55 applies to all exploration and development of the The following rule was submitted but OCS sources offshore of the States OCS and that they are applicable to OCS will not be included: except those located in the Gulf of sources. 40 CFR 55.1. EPA has also Rule 1115—Motor Vehicle Assembly Mexico west of 87.5 degrees longitude. evaluated the rules to ensure they are Line Coating Operations (Adopted 5/ Section 328 of the Act requires that for not arbitrary or capricious. 40 CFR 55.12 12/95) such sources located within 25 miles of (e). In addition, EPA has excluded a state’s seaward boundary, the administrative or procedural rules 2, and C. After review of the rules submitted requirements shall be the same as would requirements that regulate toxics which by Ventura County APCD against the be applicable if the sources were located are not related to the attainment and criteria set forth above and in 40 CFR in the COA. Because the OCS maintenance of federal and state part 55, EPA is proposing to make the requirements are based on onshore ambient air quality standards. following rules applicable to OCS requirements, and onshore requirements A. After review of the rules submitted sources for which Ventura County may change, section 328(a)(1) requires by Santa Barbara County APCD against APCD is designated as the COA. that EPA update the OCS requirements the criteria set forth above in 40 CFR The following rules were submitted as as necessary to maintain consistency part 55, EPA is proposing to make the revisions to existing requirements: with onshore requirements. following rules applicable to OCS Rule 10—Permits Required (Adopted 6/ Pursuant to § 55.12 of the OCS rule, sources for which the Santa Barbara 13/95) consistency reviews will occur: (1) At County APCD is designated as the COA. Rule 42—Permit Fees (Adopted 7/11/95) least annually; (2) upon receipt of a The following rules were submitted as Rule 74.15.1—Boilers, Steam Generators Notice of Intent under § 55.4; or (3) revisions to existing requirements: and Process Heaters (1–5MM BTUs) when a state or local agency submits a Rule 323—Architectural Coatings (Adopted 6/13/95) rule to EPA to be considered for (Adopted 3/16/95) The following rules were revised with incorporation by reference in part 55. a Title Change: This notice of proposed rulemaking is Rule 330—Surface Coating of Metal being promulgated in response to the Parts and Products (Adopted 4/21/95) Rule 11—Definition for Regulation II submittal of rules by three local air The following rule was submitted to (Adopted 6/13/95) (Old Rule 11 pollution control agencies. Public be added as a new requirement: name—Application Contents ) comments received in writing within 30 Rule 344—Petroleum Sumps, Pits, and Rule 12—Application for Permits days of publication of this document Well Cellars (Adopted 11/10/94) (Adopted 6/13/95) (Old Rule 12 name—Statement by Application will be considered by EPA before B. After review of the rules submitted publishing a final rulemaking. Preparer) by South Coast AQMD against the Rule 13— Action on Applications for an Section 328(a) of the Act requires that criteria set forth above and in 40 CFR EPA establish requirements to control Authority to Construct (Adopted 6/ part 55, EPA is proposing to make the 13/95) (Old Rule 13 name—Statement air pollution from OCS sources located following rules applicable to OCS within 25 miles of states’ seaward by Applicant) sources for which the South Coast Rule 14—Action on Applications for a boundaries that are the same as onshore AQMD is designated as the COA. requirements. To comply with this Permit to Operate (Adopted 6/13/95) statutory mandate, EPA must The following rules were submitted as (Old Rule 14 name—Trial Test Runs) incorporate applicable onshore rules revisions to existing requirements: Rule 16—BACT Certification (Adopted into part 55 as they exist onshore. This Rule 1107—Coating of Metal Parts and 6/13/95) (Old Rule 16 name—Permit limits EPA’s flexibility in deciding Products (Adopted 5/12/95) Contents) which requirements will be Rule 1121—Control of Nitrogen Oxides The following rule was submitted to incorporated into part 55 and prevents from Residential-Type, Natural-Gas- be added as a new requirement: EPA from making substantive changes Fired Water Heaters (Adopted 3/10/ Rule 220—General Conformity to the requirements it incorporates. As 95) (Adopted 5/9/95) Rule 2002—Allocations for Oxides of a result, EPA may be incorporating rules The following rule was submitted but Nitrogen (NO ) and Oxides of Sulfur into part 55 that do not conform to all x will not be included: of EPA’s state implementation plan (SOX) Emissions (Adopted 3/10/95) (SIP) guidance or certain requirements Appendix A—Protocol for Rule 2012— Rule 221—Transportation Conformity of the Act. Consistency updates may Monitoring, Reporting, and (Adopted 9/12/95) Rule 15—Standards for Permit Issuance result in the inclusion of state or local Recordkeeping for Oxides of Sulfur (Adopted 6/13/95) rules or regulations into part 55, even (SOx) Emissions (Adopted 3/10/95) though the same rules may ultimately be Appendix A—Protocol for Rule 2015— The following rules have been disapproved for inclusion as part of the Monitoring, Reporting, and removed: SIP. Inclusion in the OCS rule does not Recordkeeping for Oxides of Nitrogen Appendix II–A Information Required for imply that a rule meets the requirements (NOx) Emissions (Adopted 3/10/95) Applications to the Air Pollution of the Act for SIP approval, nor does it XXXI—Acid Rain Permit Program Control District imply that the rule will be approved by (Adopted 2/10/95) Rule 18—Permit to Operate Application EPA for inclusion in the SIP. Rule 21—Expiration of Applications 2 After delegation, each COA will use its and Permits EPA Evaluation and Proposed Action administrative and procedural rules as onshore. In In updating 40 CFR part 55, EPA those instances where EPA does not delegate Executive Order 12291 (Regulatory authority to implement and enforce part 55, EPA Impact Analysis) reviewed the state and local rules will use its own administrative and procedural submitted for inclusion in part 55 to requirements to implement the substantive The Office of Management and Budget ensure that they are rationally related to requirements. 40 CFR 55.14(c)(4). has exempted this rule from the Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2763 requirements of Section 3 of Executive (F) Santa Barbara County Air Rule 318—Vacuum Producing Devices or Order 12291. This exemption continues Pollution Control District Requirements Systems—Southern Zone (Adopted 10/23/ in effect under Executive Order 12866 Applicable to OCS Sources. 78) which superseded Executive Order (G) South Coast Air Quality Rule 321—Control of Degreasing Operations Management District Requirements (Adopted 7/10/90) 12291 on September 30, 1993. Rule 322—Metal Surface Coating Thinner Applicable to OCS Sources (Part I and Regulatory Flexibility Act and Reducer (Adopted 10/23/78) Part II). Rule 323—Architectural Coatings (Adopted The Regulatory Flexibility Act of 1980 (H) Ventura County Air Pollution 3/16/95) requires each federal agency to perform Control District Requirements Rule 324—Disposal and Evaporation of a Regulatory Flexibility Analysis for all Applicable to OCS Sources. Solvents (Adopted 10/23/78) rules that are likely to have a * * * * * Rule 325—Crude Oil Production and ‘‘significant impact on a substantial 3. Appendix A to CFR Part 55 is Separation (Adopted 1/25/94) Rule 326—Storage of Reactive Organic Liquid number of small entities.’’ Small entities amended by revising paragraphs (b) (6), Compounds (Adopted 12/14/93) include small businesses, organizations, (7), and (8) under the heading Rule 327—Organic Liquid Cargo Tank Vessel and governmental jurisdictions. ‘‘California’’ to read as follows: Loading (Adopted 12/16/85) As was stated in the final regulation, Rule 328—Continuous Emission Monitoring Appendix A to 40 CFR Part 55ÐListing the OCS rule does not apply to any (Adopted 10/23/78) of State and Local Requirements small entities, and the structure of the Rule 330—Surface Coating of Miscellaneous Incorporated by Reference Into Part 55, Metal Parts and Products (Adopted 4/21/ rule averts direct impacts and mitigates by State 95) indirect impacts on small entities. This Rule 331—Fugitive Emissions Inspection and consistency update merely incorporates * * * * * Maintenance (Adopted 12/10/91) onshore requirements into the OCS rule California Rule 332—Petroleum Refinery Vacuum to maintain consistency with onshore * * * * * Producing Systems, Wastewater Separators regulations as required by section 328 of (b) * * * and Process Turnarounds (Adopted 6/11/ the Act and does not alter the structure (6) The following requirements are 79) of the rule. contained in Santa Barbara County Air Rule 333—Control of Emissions from Pollution Control District Requirements Reciprocating Internal Combustion Engines The EPA certifies that this notice of (Adopted 12/10/91) proposed rulemaking will not have a Applicable to OCS Sources: Rule 102—Definitions (Adopted 7/30/91) Rule 342—Control of Oxides of Nitrogen significant impact on a substantial Rule 103—Severability (Adopted 10/23/78) (NOX from Boilers, Steam Generators and number of small entities. Rule 201—Permits Required (Adopted 7/2/ Process Heaters) (Adopted 03/10/92) Rule 343—Petroleum Storage Tank Degassing List of Subjects in 40 CFR Part 55 79) Rule 202—Exemptions to Rule 201 (Adopted (Adopted 12/14/93) Environmental protection, 3/10/92) Rule 344—Petroleum Sumps, Pits, and Well Cellars (Adopted 11/10/94) Administrative practice and procedures, Rule 203—Transfer (Adopted 10/23/78) Rule 204—Applications (Adopted 10/23/78) Rule 359—Flares and Thermal Oxidizers (6/ Air pollution control, Hydrocarbons, 28/94) Intergovernmental relations, Nitrogen Rule 205—Standards for Granting Applications (Adopted 7/30/91) Rule 505—Breakdown Conditions Sections dioxide, Nitrogen oxides, Outer Rule 206—Conditional Approval of A.,B.1, and D. only (Adopted 10/23/78) Continental Shelf, Ozone, Particulate Authority to Construct or Permit to Operate Rule 603—Emergency Episode Plans matter, Permits, Reporting and (Adopted 10/15/91) (Adopted 6/15/81) Recordkeeping requirements, Sulfur Rule 207—Denial of Application (Adopted Rule 702—General Conformity (Adopted 10/ oxides. 10/23/78) 20//94) Rule 210—Fees (Adopted 5/7/91) (7) The following requirements are Dated: January 16, 1996. Rule 212—Emission Statements (Adopted 10/ contained in South Coast Air Quality Felicia Marcus, 20/92) Management District Requirements Regional Administrator. Rule 301—Circumvention (Adopted 10/23/ Applicable to OCS Sources: Title 40 of the Code of Federal 78) Rule 102—Definition of Terms (Adopted 11/ Regulations, part 55, is proposed to be Rule 302—Visible Emissions (Adopted 10/ 4/88) 23/78) Rule 103—Definition of Geographical Areas amended as follows: Rule 304—Particulate Matter—Northern (Adopted 1/9/76) Zone (Adopted 10/23/78) PART 55Ð[AMENDED] Rule 104—Reporting of Source Test Data and Rule 305—Particulate Matter Analyses (Adopted 1/9/76) Concentration—Southern Zone (Adopted 1. The authority citation for part 55 Rule 108—Alternative Emission Control 10/23/78) Plans (Adopted 4/6/90) continues to read as follows: Rule 306—Dust and fumes—Northern Zone Rule 109—Recordkeeping for Volatile Authority: Section 328 of the Clean Air Act (Adopted 10/23/78) Organic Compound Emissions (Adopted 3/ (42 U.S.C. 7401 et seq.) as amended by Public Rule 307—Particulate Matter Emission 6/92) Law 101–549. Weight Rate—Southern Zone (Adopted 10/ Rule 201—Permit to Construct (Adopted 1/5/ 23/78) 90) 2. Section 55.14 is proposed to be Rule 308—Incinerator Burning (Adopted 10/ Rule 201.1—Permit Conditions in Federally amended by revising paragraphs 23/78) Issued Permits to Construct (Adopted 1/5/ (e)(3)(ii) (F), (G), and (H) to read as Rule 309—Specific Contaminants (Adopted 90) follows: 10/23/78) Rule 202—Temporary Permit to Operate Rule 310—Odorous Organic Sulfides (Adopted 5/7/76) § 55.14 Requirements that apply to OCS (Adopted 10/23/78) Rule 203—Permit to Operate (Adopted 1/5/ sources located within 25 miles of states Rule 311—Sulfur Content of Fuels (Adopted 90) seaward boundaries, by state. 10/23/78) Rule 204—Permit Conditions (Adopted 3/6/ * * * * * Rule 312—Open Fires (Adopted 10/2/90) 92) (e) * * * Rule 316—Storage and Transfer of Gasoline Rule 205—Expiration of Permits to Construct (Adopted 12/14/93) (Adopted 1/5/90) (3) * * * Rule 317—Organic Solvents (Adopted 10/23/ Rule 206—Posting of Permit to Operate (ii) * * * 78) (Adopted 1/5/90) 2764 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

Rule 207—Altering or Falsifying of Permit Addendum to Regulation IV (Effective 1977) Rule 1149—Storage Tank Degassing (Adopted 1/9/76) Rule 701—General (Adopted 7/9/82) (Adopted 4/1/88) Rule 208—Permit for Open Burning Rule 702—Definitions (Adopted 7/11/80) Rule 1168—Control of Volatile Organic (Adopted 1/5/90) Rule 704—Episode Declaration (Adopted 7/ Compound Emissions from Adhesive Rule 209—Transfer and Voiding of Permits 9/82) Application (Adopted 12/10/93) (Adopted 1/5/90) Rule 707—Radio—Communication System Rule 1171—Solvent Cleaning Operations Rule 210—Applications (Adopted 1/5/90) (Adopted 7/11/80) (Adopted 5/12/95) Rule 212—Standards for Approving Permits Rule 708—Plans (Adopted 7/9/82) Rule 1173—Fugitive Emissions of Volatile (8/12/94) except (c)(3) and (e) Rule 708.1—Stationary Sources Required to Organic Compounds (Adopted 5/13/94) Rule 214—Denial of Permits (Adopted 1/5/ File Plans (Adopted 4/4/80) Rule 1176—Sumps and Wastewater 90) Rule 708.2—Content of Stationary Source Separators (Adopted 5/13/94) Rule 217—Provisions for Sampling and Curtailment Plans (Adopted 4/4/80) Rule 1301—General (Adopted 6/28/90) Testing Facilities (Adopted 1/5/90) Rule 708.4—Procedural Requirements for Rule 1302—Definitions (Adopted 5/3/91) Rule 218—Stack Monitoring (Adopted 8/7/ Plans (Adopted 7/11/80) Rule 1303—Requirements (Adopted 5/3/91) 81) Rule 709—First Stage Episode Actions Rule 1304—Exemptions (Adopted 9/11/92) Rule 219—Equipment Not Requiring a (Adopted 7/11/80) Rule 1306—Emission Calculations (Adopted Written Permit Pursuant to Regulation II Rule 710—Second Stage Episode Actions 5/3/91) (Adopted 8/12/94) (Adopted 7/11/80) Rule 1313—Permits to Operate (Adopted 6/ Rule 220—Exemption—Net Increase in Rule 711—Third Stage Episode Actions 28/90) Emissions (Adopted 8/7/81) (Adopted 7/11/80) Rule 1403—Asbestos Emissions from Rule 221—Plans (Adopted 1/4/85) Rule 712—Sulfate Episode Actions (Adopted Demolition/Renovation Activities Rule 301—Permit Fees (Adopted 6/10/94) 7/11/80) (Adopted 4/8/94) except (e)(3) and Table IV Rule 715—Burning of Fossil Fuel on Episode Rule 1610—Old-Vehicle Scrapping (Adopted Rule 304—Equipment, Materials, and Days (Adopted 8/24/77) 1/14/94) Ambient Air Analyses (Adopted 6/10/94) Rule 1701—General (Adopted 1/6/89) Rule 304.1—Analyses Fees (Adopted 6/10/ Regulation IX—New Source Performance Rule 1702—Definitions (Adopted 1/6/89) 94) Standards (Adopted 4/8/94) Rule 1703—PSD Analysis (Adopted 10/7/88) Rule 305—Fees for Acid Deposition Rule 1106—Marine Coatings Operations Rule 1704—Exemptions (Adopted 1/6/89) (Adopted 10/4/91) (Adopted 1/13/95) Rule 1706—Emission Calculations (Adopted Rule 306—Plan Fees (Adopted 6/10/94) Rule 1107—Coating of Metal Parts and 1/6/89) Rule 309—Fees for Regulation XVI (Adopted Products (Adopted 5/12/95) Rule 1713—Source Obligation (Adopted 10/ 6/10/94) Rule 1109—Emissions of Oxides of Nitrogen 7/88) Rule 401—Visible Emissions (Adopted 4/7/ for Boilers and Process Heaters in Regulation XVII Appendix (effective 1977) 89) Petroleum Refineries (Adopted 8/5/88) Rule 1901—General Conformity (Adopted 9/ Rule 403—Fugitive Dust (Adopted 7/9/93) Rule 1110—Emissions from Stationary 9/94) Rule 404—Particulate Matter—Concentration Internal Combustion Engines Rule 2000—General (Adopted 10/15/93) (Adopted 2/7/86) (Demonstration) (Adopted 11/6/81) Rule 2001—Applicability (Adopted 10/15/ Rule 405—Solid Particulate Matter—Weight Rule 1110.1—Emissions from Stationary 93) (Adopted 2/7/86) Internal Combustion Engines (Adopted 10/ Rule 2002—Allocations for oxides of nitrogen Rule 407—Liquid and Gaseous Air 4/85) (NOx) and oxides of sulfur (SOx) (Adopted Contaminants (Adopted 4/2/82) Rule 1110.2—Emissions from Gaseous and 3/10/95) Rule 408—Circumvention (Adopted 5/7/76) Liquid-Fueled Internal Combustion Rule 2004—Requirements (Adopted 10/15/ Rule 409—Combustion Contaminants Engines (Adopted 12/9/94) 93) except (l) (2 and 3) (Adopted 8/7/81) Rule 1113—Architectural Coatings (Adopted Rule 2005—New Source Review for Rule 429—Start-Up and Shutdown 9/6/91) RECLAIM (Adopted 10/15/93) except (i) Provisions for Oxides of Nitrogen (Adopted Rule 1116.1—Lightering Vessel Operations- Rule 2006—Permits (Adopted 10/15/93) 12/21/90) Sulfur Content of Bunker Fuel (Adopted Rule 2007—Trading Requirements (Adopted Rule 430—Breakdown Provisions, (a) and (e) 10/20/78) 10/15/93) only. (Adopted 5/5/78) Rule 1121—Control of Nitrogen Oxides from Rule 2008—Mobiles Source Credits (Adopted Rule 431.1—Sulfur Content of Gaseous Fuels Residential-Type Natural Gas-Fired Water 10/15/93) (Adopted 10/2/92) Heaters (Adopted 3/10/95) Rule 2010—Administrative Remedies and Rule 431.2—Sulfur Content of Liquid Fuels Rule 1122—Solvent Cleaners (Degreasers) Sanctions (Adopted 10/15/93) (Adopted 5/4/90) (Adopted 4/5/91) Rule 2011—Requirements for Monitoring, Rule 431.3—Sulfur Content of Fossil Fuels Rule 1123—Refinery Process Turnarounds Reporting, and Recordkeeping for Oxides (Adopted 5/7/76) (Adopted 12/7/90) of Sulfur (SOx) Emissions (Adopted 10/15/ Rule 441—Research Operations (Adopted 5/ Rule 1129—Aerosol Coatings (Adopted 11/2/ 93) 7/76) 90) Rule 442—Usage of Solvents (Adopted 3/5/ Rule 1134—Emissions of Oxides of Nitrogen Appendix A—Volume IV—(Protocol for 82) from Stationary Gas Turbines (Adopted 8/ oxides of sulfur) (Adopted 3/10/95) Rule 444—Open Fires (Adopted 10/2/87) 4/89) Rule 2012— Requirements for Monitoring, Rule 463—Storage of Organic Liquids Rule 1136—Wood Products Coatings Reporting, and Recordkeeping for Oxides (Adopted 3/11/94) (Adopted 8/12/94) of Nitrogen (NOx) Emissions (Adopted 10/ Rule 465—Vacuum Producing Devices or Rule 1140—Abrasive Blasting (Adopted 8/2/ 15/93) Systems (Adopted 11/1/91) 85) Appendix A—Volume V—(Protocol for Rule 468—Sulfur Recovery Units (Adopted Rule 1142—Marine Tank Vessel Operations oxides of nitrogen) (Adopted 3/10/95) 10/8/76) (Adopted 7/19/91) Rule 2015—Backstop Provisions (Adopted Rule 473—Disposal of Solid and Liquid Rule 1146—Emissions of Oxides of Nitrogen 10/15/93) except (b)(1)(G) and (b)(3)(B) Wastes (Adopted 5/7/76) from Industrial, Institutional, and XXXI—Acid Rain Permit Program (Adopted Rule 474—Fuel Burning Equipment-Oxides Commercial Boilers, Steam Generators, and 2/10/95) of Nitrogen (Adopted 12/4/81) Process Heaters (Adopted 5/13/94) Rule 475—Electric Power Generating Rule 1146.1—Emission of Oxides of Nitrogen (8) The following requirements are Equipment (Adopted 8/7/78) from Small Industrial, Institutional, and contained in Ventura County Air Pollution Rule 476—Steam Generating Equipment Commercial Boilers, Steam Generators, and Control District Requirements Applicable to (Adopted 10/8/76) Process Heaters (Adopted 5/13/94) OCS Sources: Rule 480—Natural Gas Fired Control Devices Rule 1148—Thermally Enhanced Oil Rule 2—Definitions (Adopted 12/15/92) (Adopted 10/7/77) Recovery Wells (Adopted 11/5/82) Rule 5—Effective Date (Adopted 5/23/72) Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2765

Rule 6—Severability (Adopted 11/21/78) Rule 66—Organic Solvents (Adopted 11/24/ Appendix IV–A Soap Bubble Tests (Adopted Rule 7—Zone Boundaries (Adopted 6/14/77) 87) 12/86) Rule 10—Permits Required (Adopted 6/13/ Rule 67—Vacuum Producing Devices Rule 100—Analytical Methods (Adopted 7/ 95) (Adopted 7/5/83) 18/72) Rule 11—Definition for Regulation II Rule 68—Carbon Monoxide (Adopted 6/14/ Rule 101—Sampling and Testing Facilities (Adopted 6/13/95) 77) (Adopted 5/23/72) Rule 12—Application for Permits (Adopted Rule 71—Crude Oil and Reactive Organic Rule 102—Source Tests (Adopted 11/21/78) 6/13/95) Compound Liquids (Adopted 12/13/94) Rule 103—Stack Monitoring (Adopted 6/4/ Rule 13—Action on Applications for an Rule 71.1—Crude Oil Production and 91) Authority to Construct (Adopted 6/13/95) Separation (Adopted 6/16/92) Rule 154—Stage 1 Episode Actions (Adopted Rule 14—Action on Applications for a Permit Rule 71.2—Storage of Reactive Organic 9/17/91) to Operate (Adopted 6/13/95) Rule 155—Stage 2 Episode Actions (Adopted Rule 15.1—Sampling and Testing Facilities Compound Liquids (Adopted 9/26/89) 9/17/91) (Adopted 10/12/93) Rule 71.3—Transfer of Reactive Organic Rule 16—BACT Certification (Adopted 6/13/ Compound Liquids (Adopted 6/16/92) Rule 156—Stage 3 Episode Actions (Adopted 95) Rule 71.4—Petroleum Sumps, Pits, Ponds, 9/17/91) Rule 19—Posting of Permits (Adopted 5/23/ and Well Cellars (Adopted 6/8/93) Rule 158—Source Abatement Plans (Adopted 72) Rule 71.5—Glycol Dehydrators (Adopted 12/ 9/17/91) Rule 20—Transfer of Permit (Adopted 5/23/ 13/94) Rule 159—Traffic Abatement Procedures 72) Rule 72—New Source Performance Standards (Adopted 9/17/91) Rule 23—Exemptions from Permits (Adopted (NSPS) (Adopted 6/28/94) Rule 220—General Conformity (Adopted 5/9/ 12/13/94) Rule 74—Specific Source Standards 95) Rule 24—Source Recordkeeping, Reporting, (Adopted 7/6/76) * * * * * and Emission Statements (Adopted 9/15/ Rule 74.1—Abrasive Blasting (Adopted 11/ [FR Doc. 96–1546 Filed 1–26–96; 8:45 am] 92) 12/91) BILLING CODE 6560±50±P Rule 26—New Source Review (Adopted 10/ Rule 74.2—Architectural Coatings (Adopted 22/91) 08/11/92) Rule 26.1—New Source Review—Definitions Rule 74.6—Surface Cleaning and Degreasing 40 CFR Part 61 (Adopted 10/22/91) (Adopted 5/8/90) Rule 26.2—New Source Review— Rule 74.6.1—Cold Cleaning Operations [FRL±5408±2] Requirements (Adopted 10/22/91) (Adopted 9/12/89) Rule 26.3—New Source Review—Exemptions Rule 74.6.2—Batch Loaded Vapor Degreasing National Emissions Standards for (Adopted 10/22/91) Operations (Adopted 9/12/89) Radionuclide Emissions From Rule 26.6—New Source Review— Rule 74.7—Fugitive Emissions of Reactive Facilities Licensed by the Nuclear Calculations (Adopted 10/22/91) Organic Compounds at Petroleum Rule 26.8—New Source Review—Permit To Regulatory Commission and Federal Refineries and Chemical Plants (Adopted Facilities Not Covered by Subpart H Operate (Adopted 10/22/91) 1/10/89) Rule 26.10—New Source Review—PSD Rule 74.8—Refinery Vacuum Producing AGENCY: (Adopted 10/22/91) Environmental Protection Systems, Waste-water Separators and Rule 28—Revocation of Permits (Adopted 7/ Agency (EPA). Process Turnarounds (Adopted 7/5/83) 18/72) ACTION: Notice of public hearing. Rule 74.9—Stationary Internal Combustion Rule 29—Conditions on Permits (Adopted 10/22/91) Engines (Adopted 12/21/93) SUMMARY: The Office of Radiation and Rule 30—Permit Renewal (Adopted 5/30/89) Rule 74.10—Components at Crude Oil Indoor Air, Radiation Protection Production Facilities and Natural Gas Rule 32—Breakdown Conditions: Emergency Division will be holding a public Variances, A., B.1., and D. only. (Adopted Production and Processing Facilities (Adopted 6/16/92) hearing for the notice to reopen the 2/20/79) comment period for the proposed rule to Rule 34—Acid Deposition Control (Adopted Rule 74.11—Natural Gas-Fired Residential 3/14/95) Water Heaters-Control of NOx (Adopted 4/ rescind 40 CFR 61, subpart I for Nuclear 9/85) Regulatory Commission (NRC) and Appendix II–B Best Available Control Rule 74.12—Surface Coating of Metal Parts Agreement State licensees other than Technology (BACT) Tables (Adopted 12/86) and Products (Adopted 12/13/94) nuclear power reactors; and will also be Rule 42—Permit Fees (Adopted 7/11/95) Rule 74.15—Boilers, Steam Generators and extending the comment period on that Rule 44—Exemption Evaluation Fee Process Heaters (5MM BTUs and greater) notice for Subpart I. (Adopted 1/8/91) (Adopted 11/8/94) Rule 45—Plan Fees (Adopted 6/19/90) Due to the government shutdown last Rule 74.15.1—Boilers, Steam Generators and month and the unusual circumstances Rule 45.2—Asbestos Removal Fees (Adopted Process Heaters (1–5MM BTUs) (Adopted of the extended furlough, EPA’s January 8/4/92) 6/13/95) Rule 50—Opacity (Adopted 2/20/79) Rule 74.16—Oil Field Drilling Operations 9th public hearing has been Rule 52—Particulate Matter-Concentration (Adopted 1/8/91) rescheduled. We are also extending the (Adopted 5/23/72) Rule 74.20—Adhesives and Sealants comment period from January 20th to Rule 53—Particulate Matter-Process Weight (Adopted 6/8/93) allow the public additional time to (Adopted 7/18/72) review NRC’s proposed constraint level Rule 54—Sulfur Compounds (Adopted 6/14/ Rule 74.23—Stationary Gas Turbines 94) (Adopted 3/14/95) rule which was published in the Rule 56—Open Fires (Adopted 3/29/94) Rule 74.24—Marine Coating Operations Federal Register on December 13, 1995. Rule 57—Combustion Contaminants-Specific (Adopted 3/8/94) Due to the uncertainty created by the (Adopted 6/14/77) Rule 74.26—Crude Oil Storage Tank lack of appropriated funds and the Rule 60—New Non-Mobile Equipment-Sulfur Degassing Operations (Adopted 11/8/94) Agency’s operating under Continuing Dioxide, Nitrogen Oxides, and Particulate Rule 74.27—Gasoline and ROC Liquid Resolutions, we are requesting those Matter (Adopted 7/8/72) Storage Tank Degassing Operations (Adopted 11/8/94) who plan to attend and participate in Rule 62.7—Asbestos—Demolition and the public hearing on February 29th to Renovation (Adopted 6/16/92) Rule 74.28—Asphalt Roofing Operations Rule 63—Separation and Combination of (Adopted 5/10/94) contact Eleanor Thornton at (202) 233- Emissions (Adopted 11/21/78) Rule 74.30—Wood Products Coatings 9773 or Gale Bonanno at (202) 233–9219 Rule 64—Sulfur Content of Fuels (Adopted (Adopted 5/17/94) so they can be advised of any necessary 6/14/94) Rule 75—Circumvention (Adopted 11/27/78) schedule changes which might occur. 2766 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

DATES: The hearing will be held on Dated: January 23, 1996. 75 Hawthorne St., San Francisco, CA Thursday, February 29, 1996, from 9:00 Richard D. Wilson, 94105. For access to the docket am to 5:00 pm. The extension for the Acting Assistant Administrator for Air and materials, call (415) 744–1978 for an comment period will allow comments to Radiation. appointment. In the event of a be received by EPA on or before [FR Doc. 96–1557 Filed 1–26–96; 8:45 am] government shutdown, also call (415) February 22, 1996. BILLING CODE 6560±50±P 744–1978 for information. A reasonable fee will be charged for copies. In addition, pursuant to Section FOR FURTHER INFORMATION CONTACT: 307(d)(5), the public may submit 40 CFR Part 131 Gary Wolinsky, Permits and Compliance rebuttal and supplemental information Branch, W–5, Water Management for thirty (30) days after the public [WH±FRL±5408±3] Division, EPA, Region 9, 75 Hawthorne hearing. This comment period will end Water Quality Standards for Surface St., San Francisco, CA 94105, telephone: on March 29, 1996. Waters in Arizona 415–744–1978. ADDRESSES: The hearing will take place SUPPLEMENTARY INFORMATION: at the Marriott Hotel, 1999 Jefferson AGENCY: Environmental Protection Agency (EPA). Davis Highway, in Arlington, Virginia A. Background (accessed from the Crystal City Metro ACTION: Proposed rule and request for Under section 303 (33 U.S.C. 1313) of stop). Comments should be submitted comments. the Clean Water Act (CWA), states are required to develop water quality (in duplicate if possible) to: Central SUMMARY: EPA is proposing water Docket Section, Environmental quality standards that would be standards for waters of the United States Protection Agency, Attn: Air Docket No. applicable to waters of the United States within the State. Section 303(c) A–92–50, Washington, DC 20460. in the State of Arizona. The proposed provides that a water quality standard Docket A–92–50 contains the standards address those six aspects of shall include a designated use or uses to rulemaking record. The docket is Arizona’s water quality standards that be made of the water and criteria available for public inspection between EPA, Region 9 disapproved in 1993 and necessary to protect the uses. States are the hours of 8:00 a.m. and 5:30 p.m., 1994. EPA is taking this action at this required to review their water quality Monday through Friday, in room M1500 time pursuant to a court order to standards at least once every three years of Waterside Mall, 401 M Street SW., propose such standards by January 31, and, if appropriate, revise or adopt new standards. 33 U.S.C. 1313(c). States are Washington, DC, 20460. A reasonable 1996. The proposed standards would required to submit the results of their fee may be charged for copying. The fax establish standards for waters that are triennial review of their water quality number is (202) 260–4400. exempt from State-adopted standards due to a State rule related to mining, standards to EPA. EPA is to approve or FOR FURTHER INFORMATION CONTACT: designate fish consumption as a use for disapprove any new or revised Eleanor Thornton, Center for Federal certain waters, and make certain standards. Id. States may include in their standards Guidance and Air Standards, Radiation provisions in the State’s standards policies generally affecting the Protection Division, Office of Radiation related to ‘‘practical quantitation limits’’ standards’ application and and Indoor Air (6602J), Environmental inapplicable for Clean Water Act implementation. See 40 CFR 131.13. Protection Agency, Washington, DC purposes. In addition, this notice These policies are subject to EPA review 20460, (202) 233–9773. proposes requirements related to and approval. 40 CFR 131.6(f), 40 CFR implementation of certain narrative SUPPLEMENTARY INFORMATION: This 131.13. criteria in the State’s standards, and meeting is open to any member of the Section 303(c)(4) (33 U.S.C. solicits comment on the policies that public. As noted in the notice reopening 1313(c)(4)) of the CWA authorizes EPA EPA, Region 9, intends to use to the comment period (60 FR 50161, No. to promulgate water quality standards implement these criteria as they relate that supersede disapproved State water 188, September 28, 1995), requests to to nutrients, chronic toxicity, and the quality standards, or in any case where participate in the public hearing should effects of mercury on wildlife. be made in writing to the Director, the Administrator determines that a new DATES: EPA will hold a public hearing Lawrence G. Weinstock, Radiation or revised water quality standard is on its proposed actions on February 29, Protection Division, Office of Radiation needed to meet the CWA’s 1996, in Phoenix, AZ. EPA will consider and Indoor Air (6602J), Environmental requirements. written comments on the proposed In September 1993, EPA, Region 9, Protection Agency, 401 M Street SW., actions received by February 28, 1996, Washington, DC 20460, by February 15, disapproved portions of Arizona’s or March 8, 1996. standards pursuant to section 303(c) of 1996. Requests may also be faxed to ADDRESSES: Comments should be the CWA and 40 CFR 131.21. The EPA at (202) 233–9629 or 233–9626. addressed to Catherine Kuhlman, Chief, portions of Arizona’s standards Requests to participate in the public Permits and Compliance Branch, W–5, disapproved in September 1993 relate hearing should also include an outline Water Management Division, EPA, to: The exclusion of mining-related of the topics to be addressed, the Region 9, 75 Hawthorne St., San impoundments from water quality amount of time requested, and the Francisco, CA 94105. The public standards; the absence of ‘‘fish names of the participants. EPA may also hearing will be held February 29, 1996, consumption’’ as a designated use for allow testimony to be given at the from 2 p.m. to 4 p.m. at the Arizona certain water bodies; the absence of hearing without prior notice, subject to Department of Environmental Quality implementation procedures for the time restraints and at the discretion of (ADEQ) Public Meeting Room, South State’s narrative nutrient standard; the the hearing officer. Three (3) copies of Mall, ADEQ, 3033 North Central Ave., absence of biomonitoring testimony should be submitted at the Phoenix, AZ 85012. This action’s implementation procedures for the time of appearance at the hearings. administrative record is available for State’s narrative toxicity criterion; and review and copying at Water the inclusion of ‘‘practical quantitation Management Division, EPA, Region 9, limits’’ in Arizona’s standards. In April Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2767

1994, EPA, Region 9, also disapproved 1993 and April 1994. Defenders of ponds and sumps in mine pits associated Arizona’s lack of water quality criteria Wildlife v. Browner, Docket No. Civ 93– with dewatering activity, ponds holding protective of wildlife for mercury. 234 TUC ACM. Consistent with the water that has come in contact with process Arizona is addressing the disapproved Court’s order, this Federal Register or product and that is being held for elements during the course of its current recycling, spill or upset catchment ponds, or notice proposes standards related to the ponds used for on-site remediation that are triennial review of its standards. The mining exclusion, fish consumption located on either lands that were not and are Arizona Department of Environmental designated use, PQLs, and not surface waters or that are located on fast Quality (ADEQ) has held public implementation policies and procedures lands.’’ meetings and received public comment as they relate to the disapproval. This Under the rules proposed by ADEQ in and, on December 29, 1995, published notice also describes policies that EPA, December 1995, the term ‘‘fast lands’’ proposed revisions to its standards. See, Region 9, intends to use in order to means 1 Ariz. Admin. Reg. 2811. ADEQ has implement State narrative criteria as indicated that it intends as part of its they relate to toxicity, nutrients, and ‘‘land that was once a surface water but no current rulemaking to revise the mercury. The Court’s order also directs longer remains a surface water because it has provision exempting mining EPA to promulgate final water quality been and remains legally converted to land by the discharge of dredged or fill material impoundments. ADEQ has also standards 90 days after proposal unless indicated that it intends to revise its that: (1) Was authorized by a section 404 Arizona has adopted revised or new permit; (2) exempt from section 404 permit standards to add the fish consumption water quality standards which EPA requirements; or (3) occurred before there use to waters which Arizona has already determines are in accordance with the was a section 404 permit requirement for the designated as having the aquatic and CWA. discharge of the dredged or fill material.’’ wildlife (cold water fishery) or aquatic Finally, it should be noted that EPA’s See, proposed R18–11–101.24. and wildlife (warm water fishery) uses. longstanding practice in the water ADEQ has also indicated that it intends Under section 303 of the CWA, States quality standards program is to remove must adopt standards for waters of the to delete its list of practical quantitation any final federal rule after the State limits (PQLs) from its water quality United States within the State. States adopts appropriate rules which meet the need not adopt standards for any water standards regulations. Under ADEQ’s CWA requirements and are approved by anticipated timetable, revised water body which is not a water of the United EPA. Thus, EPA strongly encourages the States. EPA has defined waters of the quality standards pursuant to the State to adopt appropriate standards so current triennial review will become United States to include, among other that EPA can remove any final rule waters, rivers and streams the use, effective no later than October 1996. adopted subsequent to this proposal. In addition, ADEQ completed a ‘‘use degradation, or destruction of which attainability analysis’’ (UAA) related to B. Proposed Standards would affect or could affect interstate the fish consumption use for effluent commerce; impoundments of such 1. Mining Exclusion dominated waters, and a UAA related to waters are also waters of the United fish consumption and full body contact In September 1993, EPA, Region 9, States. See, 40 CFR 122.2. uses for ephemeral waters in the State. disapproved the exclusion related to While many of the mining EPA, Region 9, approved those UAAs in mining contained in the State’s impoundments which Arizona November 1995. standards at Arizona Administrative apparently intended to exclude from ADEQ is participating, with EPA, Rules and Regulations, R18–11–103.2. standards by R18–11–103.2 may not be Region 9, and the U.S. Fish and Wildlife That exclusion provides that Arizona’s waters of the United States, the rule’s Service, in the development of an standards do not apply to: blanket exemption does not distinguish among water bodies based upon their interim approach to protect predatory ‘‘Man-made surface impoundments and wildlife from mercury until appropriate associated ditches and conveyances used in status as waters of the United States, numeric criteria can be developed. the extraction, beneficiation and processing and therefore has the potential to Moreover, ADEQ intends to complete of metallic ores, including pregnant leach exclude from standards a water body implementation procedures for the solution ponds, raffinate ponds, tailing that is a water of the United States. For State’s narrative toxic and nutrient impoundments, decant ponds, concentrate or example, mining-related impoundments criteria. ADEQ is developing its tailing thickeners, blowdown water ponds, made by damming a natural stream or guidance document pertaining to the ponds and sumps in mine pits associated river would appear to be exempt from narrative nutrient standard. ADEQ has with dewatering activity, ponds holding Arizona’s standards under R18–11– water that has come into contact with process 103.2 if any discharge from the also committed to develop or product and that is being held for implementation procedures for its recycling, spill or upset catchment ponds or impoundment is permitted under narrative toxic criterion. ADEQ expects ponds used for on-site remediation provided section 402 of the CWA or if the stream to submit the final guidance document that any discharge from any such surface or river is fully dammed so that any pertaining to its narrative criterion to impoundment to a navigable water is release to a water of the United States EPA no later than December 1996. permitted under the National Pollutant is prevented. Although Arizona has made progress Discharge Elimination System program.’’ In order to ensure that the standards in revising its standards, it has not yet In its December 1995 notice, ADEQ governing waters of the United States in completed its process for revising the proposed to delete R18–11–103 in its Arizona are consistent with the CWA, portions of the State’s standards to entirety, and proposed to revise R18– EPA is proposing to adopt standards for address EPA, Region 9’s disapprovals in 11–102 to provide that Arizona’s any waters of the United States not September 1993 and April 1994. standards do not apply to: governed by State standards due to R18– On November 1, 1995, the United 11–103.2. Under the rule proposed by States District Court for the District of ‘‘Man-made surface impoundments and EPA, if a water of the United States associated ditches and conveyances used in Arizona ordered EPA, within 90 days, to the extraction, beneficiation and processing governed by R18–11–103.2 is an prepare and publish proposed of metallic ores, including pits, pregnant impoundment of a water of the United regulations setting forth revised or new leach solution ponds, raffinate ponds, tailing States, it would have the standards of water quality standards for those impoundments, decant ponds, concentrate or the water body impounded. If a water of standards disapproved in September tailing thickeners, blowdown water ponds, the United States governed by R18–11– 2768 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

103.2 is not such an impoundment, Section 101(a)(2) (33 U.S.C. section 303(c), they must protect the under the proposed rule it will have the 1251(a)(2)) of the CWA establishes water designated uses and must not be standards of the waterbody to which it quality goals for the nation, including a compromised by constraints related to is a tributary. Under the proposed rule, goal of water quality which provides for analytical methods. EPA, Region 9, only those water bodies which are the protection and propagation of fish further stated that Arizona may choose waters of the United States will be and wildlife and provides for recreation to include the PQLs in a policy or governed by such standards. Water in and on the water by 1983. EPA’s rules guidance document separate from the bodies described in R18–11–103.2 regarding the establishment of water standards regulations. which are not waters of the United quality standards confirm that such Inclusion of specific numeric PQLs in States are, of course, not subject to water standards should, whenever attainable, water quality standards is inappropriate quality standards under the CWA, provide water quality which satisfies because the criteria must be set at levels including the standards that would be the section 101(a)(2) goal. See, e.g., 40 protective of the designated uses. See adopted in this rulemaking. CFR 131.2, 131.3(i), 131.6, and section 303(c)(2)(A). While constraints EPA is seeking comment on the 131.20(a). In addition, whenever a State in the ability of analytical methods to Federal rule proposed in this notice. In has designated uses that do not include detect pollutants below certain levels particular, EPA is seeking comment the uses specified in section 101(a)(2), may be an appropriate factor in identifying any cases in which a the State must conduct a UAA. 40 CFR assessing compliance of a particular commenter believes that a water of the 131.10(j). Section 101(a)(2) states that discharger with water quality-based United States would have an water quality should provide for the effluent limitations, the inclusion of inappropriate water quality standard if protection of fish, and EPA has pollutant-specific numeric PQLs in the the proposed Federal rule is adopted. implemented this provision in the past water quality standards themselves has EPA is also seeking comment on the by seeking to ensure that such fish are the potential to compromise the criteria exclusion which Arizona has proposed suitable for human consumption. See, adopted by the State in its standards. in its December 29, 1995, notice. e.g., 40 CFR 131.36 (containing toxics In December 1995, ADEQ proposed criteria for those states not complying deleting the PQLs now prescribed in 2. ‘‘Fish Consumption’’ Use with section 303(c)(2)(B) of the CWA). Appendix C from its regulations and Arizona has designated several uses Accordingly, EPA is proposing to adopting the PQLs in a guidance for its waters, including uses defined as designate the fish consumption use for document. See, proposed R18–11–120. ‘‘fish consumption,’’ ‘‘aquatic and those waters in Arizona having an ADEQ has not completed its proposed rulemaking, nor has it completed its wildlife (cold water fishery),’’ ‘‘aquatic ‘‘aquatic and wildlife’’ use, in those procedures for adopting the PQLs in the and wildlife (effluent dominated cases where the requirements for form of guidance. water),’’ ‘‘aquatic and wildlife completing a UAA have not been met. The proposed Federal rule would add EPA is proposing to adopt a provision (ephemeral),’’ and ‘‘aquatic and wildlife in this federal rule that would modify (warm water fishery)’’. See, R–18–11– the FC use to 100 stream segments or other water bodies. The affected stream the purpose of the PQLs prescribed in 101, and Appendix B of Title 18, Arizona’s water quality standards Chapter 11, Article 1, of Arizona segments and water bodies are listed in proposed section 131.31(c). Each of the regulations, but this provision would Administrative Rules and Regulations. affected waters has already been not otherwise modify Arizona’s water In September 1993, EPA disapproved designated by Arizona as having the quality standards regulations as they the lack of the ‘‘fish consumption’’ (FC) ‘‘aquatic and wildlife (cold water relate to derivation of water quality use for water bodies which Arizona fishery)’’ or ‘‘aquatic and wildlife (warm criteria. Under the proposed Federal designated as having an ‘‘aquatic and water fishery)’’ use. EPA believes that rule, the practical quantitation limits in wildlife’’ use. For the standards to be only six NPDES permits allow Appendix C would not be water quality approvable, EPA stated that the State discharges to the affected waters, and standards for the purposes of the CWA. must either revise its standards to that none of those permits would have EPA is seeking comment on the include the FC use, or submit ‘‘use to be modified at this time to assure the proposal. attainability analyses’’ (UAAs), for the FC use is met. C. Implementation Policies subject waters. A UAA is a scientific EPA is seeking comment on the assessment showing whether it is proposed addition of the FC use to the Certain of the disapproved elements feasible to attain a particular use. See, waters described. of Arizona’s standards relate to 40 CFR 131.3(g) and 131.10(j). procedures for implementing the state’s ADEQ has completed UAAs showing 3. Practical Quantitation Limits narrative water quality criteria that it need not designate the FC use for Arizona prescribed practical contained in R18–11–108. EPA has those effluent dominated or ephemeral quantitation limits (PQLs) in the proposed two water quality standard waters which it has not already regulations establishing its water quality provisions that would require the designated as having the FC use. EPA standards. See, R18–11–120, and identification of appropriate procedures approved those UAAs in November Appendix C of Title 18, Chapter 11, and methods for interpreting and 1995. Article 1, of Arizona Administrative implementing the state’s narrative In December 1995, ADEQ proposed to Rules and Regulations. Arizona’s criteria with respect to toxicity and revise its standards to add the FC use to regulations define ‘‘practical nutrients, and the implementation of a waters within the State which have the quantitation limit’’ as the ‘‘lowest level monitoring program related to mercury, ‘‘aquatic and wildlife (cold water of quantitative measurement that can be in order to implement the requirements fishery)’’ or ‘‘aquatic and wildlife (warm reliably achieved during routine of R18–11–108. See proposed sections water fishery)’’ use. See, proposed R– laboratory operations.’’ (R18–11– 131.31 (e) and (f). As EPA explained in 18–11–104 and Appendix B of Title 18, 101.37.) In September 1993, EPA, its disapproval actions, such policies Chapter 11, Article 1, of Arizona Region 9, disapproved Arizona’s and procedures may be contained either Administrative Rules and Regulations. inclusion of the PQLs in its regulations. in water quality standards regulations However, ADEQ has not completed that EPA, Region 9, stated that, in order for themselves, or may be included in a revision to its regulations. the standards to be approvable under standards submission as policy or Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2769 guidance documents. EPA’s position is the Region’s implementation of its 3. Water Quality Criteria Protective of that there are advantages to detailing activities related to the narrative Wildlife for Mercury such implementation procedures in the nutrient criteria, particularly the Arizona has established numeric form of guidance rather than regulation, development of permit conditions in criteria for mercury for ‘‘aquatic and since guidance leaves the implementing Section 402 NPDES permits to ensure wildlife,’’ ‘‘fish consumption,’’ agency flexibility in addressing the the narrative criteria are met. ‘‘domestic water source’’ and other uses multitude of conditions and The document which EPA, Region 9, designated for its waters. See, Appendix circumstances that can arise in intends to use as its implementation A of Title 18, Chapter 11, Article 1, of implementation of the criteria. policy for the narrative nutrient criteria Arizona Administrative Rules and Guidance can also be revised more is available for review and copying at Regulations. As part of its consultation readily in response to advances in our Water Management Division, EPA, with EPA regarding Arizona’s water understanding of these issues. Region 9, 75 Hawthorne St., San quality standards pursuant to the Therefore, in addition to proposing the Francisco, CA 94105. Copies of the Endangered Species Act, the U.S Fish language contained in sections 131.31 document may be obtained by and Wildlife Service (FWS) determined (e) and (f), EPA is soliciting public contacting Gary Wolinsky at the address that Arizona’s mercury criteria for comment on guidance documents EPA noted above. EPA, Region 9, is seeking protection of aquatic and wildlife uses intends to use in carrying out this comment on the policy. were developed without consideration provision. The particulars of these of bioaccumulative effects for predatory proposals are discussed below. 2. Implementation Policy for Narrative EPA is proposing the language in Toxicity Criterion wildlife, and the FWS identified the sections 131.31(e) and (f) in compliance adoption of mercury criteria protective In September 1993, EPA, Region 9, of wildlife as a means to remove with section 303(c)(4) of the CWA and disapproved the lack of implementation the District Court’s order in Defenders of jeopardy to endangered species in the procedures for Arizona’s narrative context of the Endangered Species Act. Wildlife. However, as stated in EPA’s toxicity criterion. Arizona’s narrative disapprovals, EPA does not believe that Based upon FWS’s determinations, toxicity criterion provides that EPA, Region 9, in April 1994 it is necessary that the State itself adopt navigable waters shall be free from regulatory provisions addressing these disapproved Arizona’s lack of water pollutants in amounts or combinations quality criteria protective of wildlife for implementation issues. Therefore, that are toxic to humans, animals, plants should the State adopt acceptable mercury. and other organisms. See, R18–11– While the FWS identified the policies and procedures prior to 108.A.5. At the time of the disapproval, promulgation of a final rule by EPA, the adoption of a mercury criterion Arizona had not adopted protective of wildlife as a reasonable Agency would not include the implementation procedures for toxicity. regulatory provisions in the final rule. and prudent alternative to avoid EPA, Region 9, believed that, without jeopardizing endangered and threatened 1. Implementation Policy for Narrative procedures or a policy governing wildlife species, further discussions Nutrient Criteria toxicity, the narrative criterion may not between EPA, ADEQ, Arizona Game and In September 1993, EPA disapproved fully protect Arizona’s designated uses. Fish Department, and the FWS have led the lack of implementation procedures EPA is proposing section 131.31(e) to to the development of an alternative for Arizona’s narrative nutrient criteria. address this deficiency in the State’s program to address the problem of Arizona’s narrative nutrient criteria standards and is soliciting comment mercury’s impacts on endangered provides that navigable waters shall be regarding EPA’s intent to utilize a species. At present, there is inadequate free from pollutants in amounts or biomonitoring implementation policy information regarding mercury’s combinations that cause the growth of for Arizona’s narrative criterion as it impacts on wildlife in Arizona for EPA algae or aquatic plants that inhibit or relates to chronic toxicity. The policy is to develop a scientifically sound prohibit the habitation, growth or set forth in ‘‘EPA, Region 9, Policy on wildlife criterion for this pollutant. For propagation of other aquatic life or that Using Biomonitoring to Implement this reason, EPA, the State and FWS impair recreational uses. See, R18–11– Arizona’s Narrative Toxicity Criterion’’. worked to develop an alternative 108.A.6. At the time of the disapproval, Region 9’s policy as set forth in that program for addressing potential Arizona had not adopted an document is not a rule, but a general problems associated with the impacts of implementation process for its narrative statement of policy to guide the Region’s mercury on wildlife. EPA intends the criteria. EPA noted at the time of the implementation of its activities related program will help ensure that existing disapproval that Arizona had not shown to the narrative toxicity criterion, protection for wildlife contained in the that its narrative criteria provided particularly the Section 402 NPDES State’s narrative criterion for toxicity protection substantially equivalent to permit program and development of will be properly implemented. that provided by numeric criteria permit conditions to ensure the EPA is therefore proposing section related to nutrients that EPA had narrative criterion is met. 131.31(f) to address this deficiency in adopted for various waters in Arizona. The document which EPA, Region 9, the State’s standards, and is soliciting See, 40 CFR 131.31. intends to use as its biomonitoring comment upon EPA’s intent to EPA is proposing section 131.31(e) to implementation policy for Arizona’s implement a monitoring and source address this deficiency in the State’s narrative criterion as it relates to identification program to ensure that the standards and is soliciting comment chronic toxicity is available for review requirements of this provision are met. regarding use of a policy to guide the and copying at Environmental The program is described in ‘‘EPA, Region’s implementation of Arizona’s Protection Agency, Region 9, Water Region 9, Monitoring and Source narrative nutrient criteria set forth in Management Division, 75 Hawthorne Identification Program for Mercury to ‘‘EPA, Region 9, Policy for the St., San Francisco, CA 94105. Copies of Assess Attainment of Arizona’s Implementation of Arizona’s Narrative the document may be obtained by Narrative Toxic Criterion.’’ One of the Nutrient Criteria.’’ Region 9’s policy as contacting Gary Wolinsky at the address program’s objectives is to assess the set forth in that document is a general noted above. EPA, Region 9, is seeking magnitude and extent of mercury statement of policy, intended to guide comment on the policy. bioaccumulation in the prey base of the 2770 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules bald eagle in Arizona. Under the listed threatened or endangered species none of the other criteria specified in program, EPA, ADEQ, the Arizona Game or adversely affect designated critical the Executive Order, it has been and Fish Department, and FWS will habitat of such species. Today’s determined that this rule is not a conduct a tissue monitoring program to proposal would establish standards for ‘‘significant regulatory action’’ under evaluate the threat posed by mercury to waters which are presently unprotected the terms of Executive Order 12866. bald eagles nesting along watercourses by State-adopted standards due to the E. Executive Order 12875, Enhancing in Arizona. A concurrent monitoring State’s mining exclusion, would add the the Intergovernmental Partnership program of the International Boundary fish consumption use to various waters Water Commission in the lower which presently do not have the In compliance with Executive Order Colorado River basin will assess the protection afforded by that designation, 12875 EPA has involved state, local, and bioaccumulation of mercury in the prey and would remove the potential tribal governments in the development base of the brown pelican and the Yuma restriction on the protectiveness of the of this rule. EPA, Region 9, consulted clapper rail. The program is not standards presented by the PQLs in the with ADEQ through conference calls, designed to immediately develop a standards regulations. Today’s action meetings and review of draft and final specific mercury water quality criterion also provides protection for endangered documents. In addition, EPA held a for the protection of wildlife. It instead and threatened species by seeking meeting on December 14, 1995, in is designed to identify water bodies comment designed to improve the Phoenix, AZ, with members of the where the bioaccumulation of mercury policies which EPA, Region 9, intends potentially affected public including may affect endangered species, to guide to use to guide its implementation of the municipalities, industries and the development of more extensive State’s nutrient- and toxicity-related environmental groups, to discuss the sampling programs to identify and criteria. proposed action. EPA has scheduled a quantify the contribution of mercury EPA has initiated section 7 public hearing on the proposed action sources in watersheds where mercury is consultation under the Endangered for February 29, 1996. found to be bioaccumulating in aquatic Species Act with the FWS regarding this F. Regulatory Flexibility Act prey species, and to guide the rulemaking, and requested concurrence development of controls for such from the FWS that this action is The Regulatory Flexibility Act (5 sources including, where appropriate, unlikely to adversely affect threatened U.S.C. 601 et seq.) requires EPA to the adoption of site-specific water or endangered species. On January 17, assess whether its regulations create a quality criteria. 1996, the FWS in a letter to EPA, Region disproportionate effect on small entities. EPA believes that Arizona’s narrative 9 agreed that various elements of EPA’s Among its provisions, the Act directs criterion for toxicity contained in proposal will improve the water quality EPA to prepare and publish an initial section R18–11–108.A, as supplemented standards program in Arizona and are regulatory flexibility analysis (IRFA) for by proposed section 131.31(f) and the not likely to adversely affect listed any proposed rule which may have a program described above, are the most species nor result in the destruction or significant impact on a substantial reasonable approach at this time for adverse modification of critical habitat. number of small entities. For purposes protecting the designated uses, of this proposed rulemaking, small including use of Arizona water by listed D. Executive Order 12866 entities are small dischargers, whether threatened and endangered wildlife Under Executive Order 12866 (58 FR industrial or municipal. species. EPA is currently engaged in 51735, October 4, 1993) the Agency The Agency concludes that this consultation with the FWS regarding must determine whether the regulatory proposed rule would not have a this approach. The Service has action is ‘‘significant’’ and therefore significant impact on a substantial indicated its overall approval of this subject to Office of Management and number of small entities. This proposed approach to dealing with the problem of Budget (OMB) review and the rule is limited to waters within Arizona mercury as it relates to the protection of requirements of the Executive Order. and would not substantially impact the wildlife. On January 17, 1996, the The Order defines ‘‘significant terms and conditions that dischargers Service in a letter to EPA, Region 9, regulatory action’’ as one that is likely would need to meet to comply with revised its determination which initially to result in a rule that may: water quality standards. The identified adoption of a mercury criteria (1) Have an annual effect on the requirements affect monitoring as a reasonable and prudent alternative economy of $100 million or more or requirements that most likely will be for removing jeopardy to endangered adversely affect in a material way the included in future renewals of National species. economy, a sector of the economy, Pollutant Discharge Elimination System EPA will consider comment upon the productivity, competition, jobs, the (NPDES) permits and in new NPDES program, for the purpose of determining environment, public health or safety, of permits. There may be treatment process whether modifications to the program State, local, or tribal governments or changes required in individual cases are warranted. The program description communities; where the pollutant specific monitoring is available for review and copying at (2) Create a serious inconsistency or requirements identify non-compliance. Water Management Division, EPA, otherwise interfere with an action taken EPA expects these process changes to be Region 9, 75 Hawthorne St., San or planned by another agency; rare. Francisco, CA 94105. Copies of the (3) Materially alter the budgetary G. Unfunded Mandates Reform Act documents may be obtained by impact of entitlements, grants, user fees, contacting Gary Wolinsky at the address or loan programs of the rights and Title II of the Unfunded Mandates noted above. obligations of recipients thereof; or Reform Act of 1995 (UMRA), Public (4) Raise novel legal or policy issues Law 104–4, establishes requirements for C. Endangered Species Act arising out of legal mandates, the Federal agencies to assess the effects of Pursuant to section 7 of the President’s priorities, or the principles their regulatory actions on State, local, Endangered Species Act (16 U.S.C. 1656 set forth in the Executive Order. and tribal governments and the private et seq.), federal agencies must assure Because the annualized cost of this sector. Under section 202 of the UMRA, that their actions are unlikely to proposed rule would be significantly EPA generally must prepare a written jeopardize the continued existence of less than $100 million and would meet statement, including a cost-benefit Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2771 analysis, for proposed and final rules F. Paperwork Reduction Act Reservoir, Sponseller Lake, Vail Lake, with ‘‘Federal mandates’’ that may This proposed action requires no Zuni River result in expenditures to State, local and information collection activities subject MIDDLE GILA RIVER BASIN: Aqua Fria tribal governments, in the aggregate, or to the Paperwork Reduction Act, and River (Camelback Road to Avondale to the private sector, of $100 million or therefore no information collection WWTP), Antelope Creek, Beehive more in any one year. Before requirement (ICR) will be submitted to Tank, Black Canyon Creek, Centennial promulgating an EPA rule for which a the Office of Management and Budget Wash Ponds, Galena Gulch, Gila River written statement is needed, section 205 (OMB) for review in compliance with (Felix Road to the Salt River), Gila of the UMRA generally requires EPA to the Paperwork Reduction Act, 44 U.S.C. River (Painted Rock Dam to the identify and consider a reasonable 3501 et seq. It should be noted that the Colorado River), Hassayampa Lake, number of regulatory alternatives and monitoring program required in Hit Tank, Lynx Creek, Painted Rock adopt the least costly, most cost- proposed Section 131.31(f) is not Lake, Perry Mesa Tank, Queen Creek effective or least burdensome alternative intended to impose additional reporting (Headwaters to the Superior WWTP), that achieves the objectives of the rule. or recordkeeping burden on the State. Queen Creek (Below Potts Canyon), The provisions of section 205 do not Turkey Creek apply when they are inconsistent with List of Subjects in 40 CFR Part 131 RED LAKE BASIN: Red Lake applicable law. Moreover, section 205 Environmental protection, Water RIO MAGDALENA BASIN: Holden allows EPA to adopt an alternative other pollution control, Water quality Canyon Creek, Sycamore Canyon than the least costly, most cost-effective standards, Toxic pollutants. Creek or least burdensome alternative if the RIO YAQUI BASIN: Abbot Canyon, Dated: January 23, 1996. Blackwater Draw, Buck Canyon, Dixie Administrator publishes with the final Carol M. Browner, rule an explanation why that alternative Canyon Administrator. was not adopted. Dry Canyon, Gadwell Canyon, Glance For the reasons set out in the Creek, Gold Gulch, Johnson Canyon, Under section 204 of the UMRA, EPA preamble, part 131 of title 40 of the Mexican Canyon, Mule Gulch generally must develop a process to Code of Federal Regulations is proposed (Headwaters to Bisbee WWTP), Soto permit elected officials of State, local to be amended as follows: Canyon and tribal governments (or their SALT RIVER BASIN: Coon Creek, Gold designated employees with authority to PART 131ÐWATER QUALITY Creek, Salt River (I–10 bridge to the act on their behalf) to provide STANDARDS 23rd Avenue WWTP) meaningful and timely input in the 1. The authority citation for part 131 SAN PEDRO RIVER BASIN: Buehman development of regulatory proposals continues to read as follows: Canyon Creek, Copper Creek, Garden containing significant Federal Canyon Creek, San Pedro River intergovernmental mandates. These Authority: 33 U.S.C. 1251 et seq. (Redington to the Gila River), Turkey consultation requirements build on Creek Subpart DÐ[Amended] those of Executive Order 12875 SANTA CRUZ RIVER BASIN: Agua (‘‘Enhancing the Intergovernmental 2. Section 131.31 is amended by Caliente Wash, Arivaca Creek, Bog Partnership’’). adding paragraphs (b), (c), (d), (e), and Hole Tank, Cienega Creek Before EPA establishes any regulatory (f) to read as follows: (Headwaters to I–10), Cienega Creek (Below Del Lago dam), Davidson requirements that may significantly or § 131.31 Arizona. uniquely affect small governments, Canyon (I–10 to Cienega Creek), including tribal governments, it must * * * * * Empire Gulch (Below Empire Ranch have developed under section 203 of the (b) A water of the United States to Spring), Gardner Canyon Creek, UMRA a small government agency plan. which State adopted standards are not Harshaw Wash, Huachuca Tank, The plan must provide for notifying applicable by operation of R18–11– Nogales Wash, Santa Cruz River potentially affected small governments, 103.2 is subject to the water quality (International Boundary to Nogales enabling officials of small governments standards of the water of the United WWTP), Soldier Lake, Sonoita Creek to have meaningful and timely input in States from which it is impounded or, (Above the town of Patagonia), if not impounded from a water of the the development of EPA regulatory Tanque Verde Creek, Tinaja Wash, United States, the water quality proposals with significant Federal Williams Ranch Tanks standards of the water of the United intergovernmental mandates, and UPPER GILA RIVER BASIN: Apache States to which it is a tributary. informing, educating, and advising Creek, Bitter Creek, Chase Creek, (c) The following waters have, in small governments on compliance with Evans Pond, Markham Creek, Pigeon addition to the uses designated by the the regulatory requirements. Creek, San Simon River State, the designated use of fish VERDE RIVER BASIN: Aspen Creek, EPA has determined that this rule consumption as defined in R18–11–101: Barrata Tank, Bitter Creek does not contain a Federal mandate that COLORADO MAIN STEM RIVER (Headwaters to the Jerome WWTP), may result in expenditures of $100 BASIN: Hualapai Wash, Jacob Lake, Bitter Creek (Below 2.5 km million or more for State, local, and Lonetree Canyon Creek, Peeple’s downstream of the Jerome WWTP), tribal governments, in the aggregate, or Canyon Creek, Red Canyon Creek, Fossil Springs, Foxboro Lake, Granite the private sector in any one year. Thus, Sawmill Wash, Warm Springs Creek Creek, Horse Park Tank, Meath Dam today’s rule is not subject to the LITTLE COLORADO RIVER BASIN: Tank, Willow Valley Lake requirements of sections 202 and 205 of Boot Lake, Camillo Tank, Chilson WILLCOX PLAYA: High Creek, Willcox the UMRA. Tank, Cow Lake, Crisis Lake (Snake Playa EPA has determined that this rule Tank #2), Daves Tank, Deep Tank, (d) Appendix C (entitled ‘‘Practical contains no regulatory requirements that Horse Lake, Long Lake—upper, Mud Quantitation Limits (PQLs)) of Title 18, might significantly or uniquely affect Lake, Pine Tank, Potato Lake, Puerco Chapter 11, Article 1, of Arizona small governments. River, Quarter Circle Bar Tank, Rogers Administrative Rules and Regulations 2772 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules shall not be applicable as a water office and at the local information right to take enforcement actions, as quality standard for the purposes of the repository located at: Kent County appropriate. The NPL is designed CWA. Public Library, 4293 Remembrance primarily for informational purposes (e) To implement the requirements of N.W., Walker, Michigan, 49554. and to assist in Agency management. R18–11–108.A.5 and R–18–11–108.A.6 Requests for copies of documents II. NPL Deletion Criteria with respect to toxicity and nutrients, should be directed formally to the EPA shall identify appropriate Region V Docket Office. The name, The NCP establishes the criteria the procedures and methods for interpreting address and phone number of the Agency uses to delete sites from the and implementing these requirements. Regional Docket Officer is Jan NPL. In accordance with 40 CFR (f) To implement the requirements of Pfundheller, U.S. EPA, Region V, 77 W. 300.425(e), sites may be deleted from R18–11–108.A.5 with respect to effects Jackson Blvd.(J–7J), Chicago, IL 60604, the NPL where no further response is of mercury on wildlife, EPA (or the (312) 353–5821. appropriate. In making this State with the approval of EPA) shall determination, U.S. EPA will consider, implement a monitoring program to FOR FURTHER INFORMATION CONTACT: in consultation with the State, whether assess attainment of the water quality Karen Sikora, Remedial Project Manager any of the following criteria have been standard. at (312) 886–1843, Gladys Beard, met: Associate Remedial Project Manager at (i) Responsible parties or other [FR Doc. 96–1550 Filed 1–26–96; 8:45 am] (312) 886–7253, Office of Superfund, persons have implemented all BILLING CODE 6560±50±P U.S. EPA, Region V, 77 W. Jackson Blvd. appropriate response actions required; (HSR–6J), Chicago, IL 60604 or Denise or Gawlinski, Office of Public Affairs, U.S. 40 CFR Part 300 EPA, Region V, 77 W. Jackson Blvd.(P– (ii) All appropriate Fund-financed 19J), Chicago, IL 60604, (312) 886–9859. responses under CERCLA have been [FRL±5407±1] implemented, and no further response SUPPLEMENTARY INFORMATION: action by responsible parties is National Oil and Hazardous appropriate; or Substances Pollution Contingency Table of Contents Plan; National Priorities List I. Introduction (iii) The Remedial Investigation has II. NPL Deletion Criteria shown that the release poses no AGENCY: Environmental Protection III. Deletion Procedures significant threat to public health or the Agency. IV. Basis for Intended Site Deletion environment and, therefore, remedial ACTION: Notice of Intent to Delete the measures are not appropriate. Folkertsma Refuse Site from the I. Introduction National Priorities List; Request for The U.S. Environmental Protection III. Deletion Procedures Comments. Agency (EPA) Region V announces its Upon determination that at least one intent to delete the Folkertsma Refuse of the criteria described in the NCP 40 SUMMARY: The United States Site from the National Priorities List CFR 300.425(e) has been met, U.S. EPA Environmental Protection Agency (US (NPL), which constitutes Appendix B of may formally begin deletion procedures EPA) Region V announces its intent to the National Oil and Hazardous once the State has concurred. This delete the Folkertsma Refuse Site from Substances Pollution Contingency Plan Federal Register notice, and a the National Priorities List (NPL) and (NCP), and requests comments on the concurrent notice in the local requests public comment on this action. proposed deletion. The EPA identifies newspaper in the vicinity of the Site, The NPL constitutes Appendix B of 40 sites that appear to present a significant announce the initiation of a 30-day CFR part 300 which is the National Oil risk to public health, welfare or the comment period. The public is asked to and Hazardous Substances Pollution environment, and maintains the NPL as comment on U.S. EPA’s intention to Contingency Plan (NCP), which US EPA the list of those sites. Sites on the NPL delete the Site from the NPL. All critical promulgated pursuant to Section 105 of may be the subject of remedial actions documents needed to evaluate U.S. the Comprehensive Environmental financed by the Hazardous Substance EPA’s decision are included in the Response, Compensation, and Liability Superfund Response Trust Fund (Fund). information repository and the deletion Act of 1980 (CERCLA) as amended. This Pursuant to 40 CFR 300.425(e)(3) of the docket. action is being taken by US EPA, NCP, any site deleted from the NPL Upon completion of the public because it has been determined that remains eligible for Fund-financed comment period, if necessary, the U.S. Responsible Parties have implemented remedial actions if the conditions at the EPA Regional Office will prepare a all appropriate response actions site warrant such action. Responsiveness Summary to evaluate required. Moreover, US EPA and the The U.S. EPA will accept comments and address comments that were State have determined that remedial on this proposal for thirty (30) days after received. The public is welcome to activities conducted at the Site to date publication of this notice in the Federal contact Jan Pfundheller, Docket Officer have been protective of public health, Register. at the U.S. EPA Region V Office, 77 W. welfare, and the environment. Section II of this notice explains the Jackson Blvd. (J–7J), to obtain a copy of DATES: Comments concerning the criteria for deleting sites from the NPL. this responsiveness summary, if one is proposed deletion of this Site from the Section III discusses procedures that prepared. If U.S. EPA then determines NPL may be submitted on or before U.S. EPA is using for this action. the deletion from the NPL is February 28, 1996. Section IV discusses the history of this appropriate, final notice of deletion will ADDRESSES: Comments may be mailed to site and explains how the site meets the be published in the Federal Register. Gladys Beard, Associate Remedial deletion criteria. Project Manager, Office of Superfund, Deletion of sites from the NPL does IV. Basis for Intended Site Deletion U.S. EPA, Region V, 77 W. Jackson Blvd. not itself create, alter, or revoke any The Folkertsma Refuse site is a former (HSR–6J), Chicago, IL 60604. individual’s rights or obligations. industrial landfill located at 1426 Comprehensive information on the site Furthermore, deletion from the NPL Pannell Road NW., in Walker, Michigan. is available at U.S. EPA’s Region V does not in any way alter U.S. EPA’s The City of Walker, which borders the Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2773 northwest side of Grand Rapids, is formerly operated as a muck farm. A beneath the landfill. Comparison of located in southwestern Michigan, muck farm is where black earth with filtered and unfiltered groundwater approximately 25 miles east of Lake decaying matter is harvested and used data, however, indicates that these Michigan in Kent County. as fertilzer. The western boundary is contaminants are not dissolved in the The site is a rectangular parcel of land bordered by nursery land and groundwater, but rather are attached measuring 1,000 by 400 feet and greenhouses. South of the site is a onto particulate matter contained in the covering approximately 8 acres. The site transfer station for a rendering groundwater. is generally flat with 10 feet of vertical company. Wetlands exist along a second • Beryllium and cadmium were relief sloping from the northern drainage ditch approximately 85 feet detected above water quality criteria for boundary to the southern boundary. The east of the site, and in scattered areas freshwater in unfiltered surface water surface of the landfilled portion of the along the north bank of Indian Mill samples collected from one of the site rises approximately 4 to 6 feet above Creek downstream from the site. drainage ditches. Beryllium was the surrounding area. The landfill was A preliminary assessment was detected above the chronic standard at not capped and foundry sand, the completed in 1983. It was determined one location, while cadmium was primary fill material, was exposed at the that an on-site investigation should be detected above both the chronic and surface. However, the northeast portion conducted. In 1984, an U.S. EPA field acute standards at two locations. of the site has been covered with a 3 investigation team sampled Comparison of filtered and unfiltered inch layer of gravel. An unnamed creek groundwater and the sediment of the drainage water samples, however, (man made) running along the western drainage ditch. Although the indicates that these chemicals are property line and a drainage ditch groundwater was not found to be suspended in the drainage water rather running through the center of the contaminated, elevated levels of semi- than dissolved. landfill join at the southern end of the volatile and inorganic chemicals were • The landfilled materials pose an site and empty into a drain pipe. The detected in the sediment samples. In unacceptable carcinogenic risk to drain pipe discharges to Indian Mill 1985, the MDNR conducted an human health under worst case Creek just south of the site. Fishing and assessment of the site, and reported that conditions for ingestion (10¥4), direct swimming have been reported to occur there was approximately 40,000 cubic contact (10¥3), and inhalation (10¥4). in Indian Mill Creek. However, Indian yards of waste at the site, consisting of The main contaminants posing the risks Mill Creek is not a major recreational foundry sand, chemical products, are PAHs (ingestion and direct contact) area. Indian Mill Creek, which flows in construction debris and other industrial and chromium (inhalation). No an easterly direction, empties into the wastes from heavy manufacturing unacceptable human health risks were Grand River approximately 2 miles operations. The site was proposed for identified for exposure to the landfilled downstream of the site. the NPL in 1986. The listing was materials under probable case The property is currently leased by a finalized in March 31, 1989, at 54 FR conditions. pallet repair and manufacturing 13296. • The ingestion of shallow company. An office building and three The Remedial Investigation/ groundwater beneath the landfill poses warehouses are located on the site, and Feasibility Study (RI/FS) for the unacceptable potential future stacks of pallets are organized along the Folkertsma Refuse Site was initiated in carcinogenic risks to human health of graveled area. The remainder of the site 1989, and the final RI report was 10¥3 and 10¥2 under probable and is overgrown with weeds, grass and released in 1990. The major findings of worst case conditions respectively. The trees and contains several pieces of junk the RI include: Hazard Indices calculated for future machinery. • Landfilled materials contain ingestion of shallow groundwater for The site and the properties volatile organic compounds (VOCs), probable and worst case conditions are surrounding the site are zoned for and semi-volatile organic compounds 1.62 and 29.7 respectively. The risks occupied by industry. There are, (SVOCs), polychlorinated biphenyls posed by ingestion of shallow however, about ten to twelve residences (PCBs), pesticides, and metals at groundwater are based on the PAHs and along the south side of Pannell Road in concentrations above background levels. high levels of arsenic detected in close proximity to the north end of the • Some contaminants have migrated unfiltered groundwater samples site. These homes obtain water from into a muck deposit beneath the landfill, collected from beneath the landfill. private wells, which are upgradient or, in areas where there is little or no PAHs and arsenic, however, have a from the site. There is also a residential muck, to a limited extent into an limited potential to migrate and were subdivision approximately a quarter of underlying sand and gravel unit. not detected in downgradient a mile north of the site. The subdivision, Contaminants have also migrated into groundwater samples. also upgradient of the site, is serviced the sediments of the two on-site ditches • Potential future carcinogenic and by the Grand Rapids Water Department, and Indian Mill Creek. There is an noncarcinogenic human health risks which obtains its water from Lake estimated 12,300 cubic yards of calculated for the ingestion of deep Michigan and the Grand River. contaminated black earth with decayed groundwater under worst case Residences also exist south of the site, matter, muck, and 1,300 cubic yards of conditions are 10¥4 and 2.54 on the other side of Indian Mill Creek. contaminated sediment at the site. respectively. These potential future These homes are downgradient of the • Shallow groundwater beneath the worst case risks are also based on site. Michigan Department of Natural landfill discharges to the two on-site unfiltered groundwater samples Resources (MDNR) well records indicate drainage ditches and Indian Mill Creek. collected from directly beneath the that there is only one domestic well in Deeper groundwater beneath the landfill landfill. In addition, the chemical this area; the other residences are flows beneath Indian Mill creek and concentrations driving the risk are serviced by the Grand Rapids Water continues toward the Grand River. below MCLs. Department. A door to door survey • Arsenic and polynuclear aromatic • The landfilled materials and the conducted in 1986 did not identify any hydrocarbons (PAHs) were detected contaminated sediments of the two on- additional water wells in this area. above Maximum Contaminant Levels site ditches and Indian Mill Creek pose East of the site is a tract of (MCLs) in shallow unfiltered an unacceptable risk to the environment undeveloped woodland which was groundwater samples collected from through ingestion and direct contact. 2774 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

These risks are posed to the animal may be necessary to modify these monitoring was installed as part of this populations living at or near the site controls. project. who may wade or swim in the streams, The remedy selected for the The institutional controls for the site or walk, lay, or burrow in the landfilled Folkertsma Refuse site eliminates or include restrictions to prohibit materials. These risks will not be reduces the risks posed by the site development of the Site, (including, but significant if exposure is infrequent. through the use of engineering and not limited to, excavation, construction Frequent exposure, however, may result institutional controls. and drilling), and the installation of in the bioaccumulation of The selected remedy provides for the groundwater drinking water wells at the trichloroethene, PCBs, and metals containment of the large volume of low Site. The institutional controls regarding including arsenic, cadmium, chromium, level organic and inorganic waste future development of the Folkertsma lead, mercury, manganese, and nickel. material present in the landfill, the Refuse Site and the future installation of • Based on the findings of the RI, U.S. black earth with decaying matter or groundwater drinking water wells have EPA conducted a Feasibility Study (FS) muck which is deposited beneath the been implemented and shall be to evaluate remedial alternatives to landfill, and the contaminated permanent. address the contaminated landfilled sediments of the two on-site ditches and EPA, with concurrence from the State materials. The FS was completed in Indian Mill Creek; reduces the potential of Michigan, has determined that consultation with the MDNR in mid- for contaminant migration into the Responsible Parties have implemented 1990, and U.S. EPA’s Proposed Plan was groundwater; and reduces the potential all appropriate response actions issued in consultation with the MDNR for contaminated groundwater to move required. Therefore, EPA proposes to in March 1991. Following the close and out from beneath the landfill. delete the site from the NPL. evaluation of the public comment Community involvement activities for Dated: October 19, 1995. period, U.S. EPA signed the Record of the Folkertsma Refuse site began in Michelle D. Jordan, Decision (ROD) in June 1991. The State October 1988, shortly before the RI was Acting Regional Administrator, U.S. EPA, of Michigan concured with the ROD. scheduled to begin. EPA conducted Region V. The major components of the selected interviews with state and local officials, [FR Doc. 96–1542 Filed 1–26–96; 8:45 am] remedy for the Folkertsma Refuse site a local environmental organization, and BILLING CODE 6560±50±P include: Walker residents to determine the level • Excavation of contaminated of interest and concern over the site. A sediments from the two on-site ditches Community Involvement Plan (formerly and Indian Mill Creek for consolidation CRP) was finalized in February, 1989. DEPARTMENT OF HEALTH AND with the landfilled materials; The RI/FS for the Folkertsma Refuse HUMAN SERVICES • Conversion of the two on-site site was released to the public in mid Administration for Children and ditches into permeable underground 1990 and was made available at the Families drains to provide for continued site information repository. The drainage; Administrative Record is also 45 CFR Parts 301, 302, 303, 304, 306 • Construction of a cap over maintained at the library and the Region and 307 contaminated sediments and landfilled V office in Chicago. materials in accordance with the Remedial Action construction RIN 0970±AB57 requirements of the Resource activities began in March 1994. Child Support Enforcement Program; Conservation and Recovery Act Subtitle Construction activities included: site State Plan Approval and Grant D and Michigan Solid Waste clearing and regrading, including the Procedures, State Plan Requirements, Management Act 641; relocation of an on-site pallet company Standards for Program Operations, • Installation of passive gas vents to operation; sediment excavation, Federal Financial Participation and prevent the buildup of volatile organic solidification and consolidation with Optional Cooperative Agreements for compounds and methane, if necessary; the landfilled materials; conversion of Medical Support Enforcement • Placement of a layer of topsoil and two on-site ditches into permeable Computerized Support Enforcement a vegetative covering over the clay cap underground drains and replacing the Systems and landfilled materials; Indian Mill Creek drain pipe with an • Site fencing and institutional open channel; monitoring well AGENCY: Office of Child Support controls such as deed restrictions to abandonment, replacement and Enforcement (OCSE). prevent the installation of drinking construction; installation of probes for ACTION: Notice of proposed rulemaking. water wells within the landfilled landfill gas monitoring; and portion of the site and future construction of a cap consisting of 2 feet SUMMARY: This proposed rule would disturbance of the cap and landfilled of clay followed by a 6 inch sand amend Federal regulations governing materials; drainage layer, 1 foot rooting zone layer procedures for making information • Implementation of long-term and 6 inch topsoil layer. available to consumer reporting groundwater and drainage water The construction completion report agencies (CRAs). These provisions monitoring programs to ensure the dated February 1995 certifies implement the requirements of section effectiveness of the remedial action. In completion of all remedial action and 212 of the Social Security Act addition to monitoring the effectiveness documents that the objectives of the Amendments of 1994 (Pub. L. 103–432) of the source control portion of the remedial action have been met. This which require States to adopt remedial action, the long-term report certifies that all major procedures for periodic reporting of groundwater monitoring will also components of the remedy are complete information to CRAs, effective October ensure the effectiveness of the with the exception of environmental 1, 1995. This proposed rule would groundwater remedy, which are various monitoring and maintenance, which is a implement Public Law 104–35 which institutional controls. If contamination long-term ongoing part of the operation was enacted on October 12, 1995 which is detected beyond the area where the and maintenance. However, the revises section 454(24) of the Social institutional controls are established, it equipment to conduct the long-term Security Act. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2775

In addition, it would revise or remove Section 466(a)(7) contains three impeding their credit or purchasing regulations, in part or whole, in exceptions to the periodic reporting power may deter noncompliance. response to the President’s requirement. First, if the amount of the The addition of information about Memorandum of March 4, 1995 to heads overdue support involved in any case is unpaid child support on individual of Departments and Agencies which less than $1,000, information regarding credit records may make it less likely for announced a government-wide such amount shall be made available obligors to incur other debts which Regulatory Reinvention Initiative to only at the option of the State. could interfere with their ability to pay reduce or eliminate burdens on States, Secondly, any information with respect child support. Finally, reporting of child other governmental agencies or the to an absent parent shall be made support delinquencies may help child private sector. available under such procedures, only support recipients obtain credit. Child DATES: Consideration will be given to after notice has been sent to such absent support information is often used to comments received by March 29, 1996. parent of the proposed action, and such substantiate income by custodial parents attempting to obtain credit. ADDRESSES: Send comments to Director, absent parent has been given a Office of Child Support Enforcement, reasonable opportunity to contest the CRAs may use the information reported by IV–D agencies to verify overdue child Administration for Children and accuracy of such information (and after support and subsequent payment Families, 370 L’Enfant Promenade, SW., full compliance with all procedural due information. 4th floor, Washington, DC 20447. process requirements of the State). Finally, such information shall not be Much of the expansion of credit Attention: Director, Policy and Planning reporting was due to enactment of the Division, Mail Stop: OCSE/DPP. made available to a CRA which the State determines does not have sufficient Child Support Enforcement Comments will be available for public Amendments of 1984, which mandated inspection Monday through Friday, 8:30 capability to make systematic and timely use of such information, or an that States respond to CRA requests for a.m. to 5:00 p.m. on the 4th floor of the entity which has not furnished evidence information on obligors who are $1,000 Department’s offices at the above satisfactory to the State that the entity or more in arrears and reside in the address. is a CRA. State. Most States have gone beyond the FOR FURTHER INFORMATION CONTACT: This regulation is also proposed legal requirement and are routinely Policy Branch, OCSE, specifically: under the authority granted to the reporting information to CRAs. Tom Killmurray (202) 401–4677 Secretary by section 1102 of the Act. In addition, the Ted Weiss Act of regarding mandatary reporting of child Section 1102 of the Act requires the 1992 (Pub. L. 102–537) amended the support information to consumer Secretary to publish regulations that Fair Credit Reporting Act (15 U.S.C. reporting agencies; may be necessary for the efficient 1681a[f]) to require consumer credit Marilyn R. Cohen (202) 401–5366 administration of the functions for reporting agencies to include in regarding all other regulatory revisions. which she is responsible under the Act. consumer reports information, no more SUPPLEMENTARY INFORMATION: In accordance with the Presidential than seven years old, on overdue child directive to executive branch regulatory support when provided by child Paperwork Reduction Act agencies to identify existing regulations support enforcement agencies, or The information collection that are redundant or obsolete, OCSE received otherwise and verified by any requirement regarding submittal of the has examined Part 300 of Title 45, Code local, State or Federal agency. State plan preprint page was approved of Federal Regulations to evaluate those Currently, approximately 40 States by the Office of Management and areas where regulations should be operate routine periodic credit reporting Budget under OMB control number removed. processes, without the necessity of a 0960–0385. State plan preprint page request from the credit bureau. Most of revisions necessitated by this proposed Background the States report information to CRAs if rule will be submitted to OMB for The Child Support Enforcement arrearages reach or exceed $1,000; approval. Otherwise, this rule does not Amendments of 1984 (Pub. L. 98–378) several report arrearages of lesser require information collection activities featured provisions that required critical accruals. California has no minimum and, therefore, no additional approvals improvements in State and local child amount, and in fact, reports all ordered are necessary under the Paperwork support enforcement programs. Making child support to credit bureaus Reduction Act of 1980 (Pub. L. 96–511). child support delinquency information irrespective of a delinquency. Under the available to credit bureaus upon their proposed rule, States will have the Statutory Authority request was one of the statutorily flexibility to decide what ‘‘periodic’’ These proposed regulations are prescribed procedures required of States reporting is; some States may report published under the authority of section by the 1984 amendments. monthly, others may report quarterly. 466(a) of the Social Security Act (the Reporting overdue child support The majority of States report Act), as amended by the Social Security owed by obligors to consumer reporting information to CRAs on a monthly basis, Act Amendments of 1994. Section agencies (CRAs) is an effective a few others on a bimonthly or annual 466(a)(7), as amended, requires States to enforcement technique that has several basis. The method of reporting varies. have procedures which establish benefits. It creates an incentive for Thirty-six States report in an automated periodic reporting of child support obligors to make prompt and consistent manner, using, for example, tape arrearage information to CRAs. The payments, because delinquent payment matches; nine States provide statutory effective date for required information could negatively impact information manually; several States reporting of child support information their credit history, thus endangering employ a combination of both reporting in certain cases to consumer reporting their purchasing power. Credit reporting methods. agencies is October 1, 1995. The name may be particularly effective in cases The President and Congress decided of any parent who owes overdue involving self-employed obligors, which to improve this enforcement tool with support and is at least two months can be among the most challenging the Social Security Act Amendments of delinquent in the payment of support cases to work. Because many self- 1994 (Pub. L. 103–432). These reforms and the amount of such delinquency employed obligors are highly dependent are based on successful State practices must be reported to CRAs. on credit to operate their businesses, as well as a recommendation by the U.S. 2776 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

Commission on Interstate Child Support Section 301.15 Grants Section 302.34 Cooperative in its comprehensive report to the Arrangements We propose two technical revisions in Congress, ‘‘Supporting our Children: A The authorities for this rule are Blueprint for Reform.’’ Because this section. Part of the mailing address in paragraph (a)(1) should be updated sections 1102 and 454(7) of the Act. We Congress added the mandate to section propose to remove paragraph (b). As the 466(a) of the Act, reporting to credit by replacing, ‘‘Social and Rehabilitation Service, Attention: Finance Division, result of the passage of time, cooperative bureaus is a requirement which States agreements should meet § 303.107 Washington, DC 20201’’ with must meet as a condition of State plan criteria at this time. This revision would ‘‘Administration for Children and approval under section 454 of the Act. leave paragraph (a) without designation. Families, Office of Program Support, This proposed rule is also in response We further propose to revise the first Division of Formula, Entitlement and to the President’s Memorandum of sentence of the remaining paragraph by Block Grants, 370 L’Enfant Promenade, March 4, 1995 to heads of Departments adding ‘‘under § 303.107’’ after SW., Washington, DC 20447.’’ In and Agencies which announced a ‘‘cooperative arrangements.’’ government-wide Regulatory addition, we propose to replace the Reinvention Initiative to reduce or phrase, ‘‘Subpart G Matching and Cost Section 302.36 Provision of Services in eliminate mandated burdens on States, Sharing’’ with ‘‘45 CFR 74.23 Cost Interstate IV–D Cases other governmental agencies or the Sharing or Matching’’ and replace the The authorities for this rule are private sector. phrase ‘‘Subpart I Financial Reporting section 454(9) of the Act which The Presidential Memorandum Requirements’’ with ‘‘45 CFR 74.52 addresses standards prescribed by the required agencies, by June 1, 1995, to Financial Reporting’’ in paragraph (e). Secretary and section 1102 of the Act conduct a page-by-page review of all We propose this latter revision to which addresses the Secretarial regulations to eliminate or revise those coincide with substantial revisions of 45 authority to issue regulations necessary that are outdated or otherwise in need CFR Part 74 by DHHS August 25, 1994 for program administration. These of reform. OCSE conducted such a (59 FR 43760). requirements were placed in regulation review, resulting in the proposed Section 302.15 Reports and to clarify that States are required to revisions, set forth in this document. Maintenance of Records provide all necessary IV-D services in Both substantive and technical changes interstate cases. However, we propose to are proposed including recodification This rule implements section 454(10) remove paragraphs (a)(1) through (a)(5), such as renumbering and terminology of the Act which does not specify use to eliminate repeating § 303.7(c)(7), revisions. of microfilm for record retention. We explicit provisions which specify the In our analysis of existing regulations, propose that paragraph (b) ‘‘Conditions various functional responsibilities by we took a cautionary approach for Optional Use of Microfilm Copies,’’ the responding State. This does not alter recognizing that significant legislation be removed as microfilm use is obsolete the requirement for provision of to overhaul the welfare system, due to automatic case tracking and services; it merely removes unnecessary including major reform to the child electronic filing capability. The text referenced elsewhere. This support enforcement program, is proposed change will result in the proposed revision would remove ‘‘for:’’ actively pending before the 104th following: Paragraph (a) will be without at the end of paragraph (a) and subparagraphs (a)(1) through (a)(5), thus Congress. Accordingly, numerous designation, paragraphs (a)(1) and (a)(2) ending the paragraph with the word, existing rules will potentially be will be redesignated (a) and (b), and ‘‘chapter.’’ affected. We have deferred roman numerals (i) through (vii) will be recommending any changes in existing redesignated as arabic numbers (1) Section 302.37 Distribution of Support rules which may be impacted by through (7), respectively. Removal of the Payments microfilm reference does not preclude enactment of an incipient legislative This rule implements section 454(11) change. However, we consider the States from continuing to use microfilm as an information storage medium. of the Act. We propose to remove it changes in this proposed rule as only because it references §§ 302.32 and the first part of our response to the Section 302.33 Services to Individuals 302.51 which duplicate this section. President’s Regulation Reinvention Not Receiving AFDC or Title IV–E Initiative. We will work with our Foster Care Assistance Section 302.54 Notice of Collection of partners to identify additional Assigned Support regulations which should be reevaluated We propose to remove paragraph This rule implements section 454(5) given the new direction of regulatory (c)(1), Application Fee, as it refers to of the Act which does not specify dates. reinvention. requirements in effect prior to October Therefore, we propose to remove 1, 1985, which date has passed. Thus, Description of Regulatory Provisions paragraph (a) which is obsolete as it paragraph (2) will be renumbered as specifies requirements in effect until We propose to make technical paragraph (1) and paragraph (3) will be December 31, 1992, which event has revisions, including recodification, to renumbered as paragraph (2). In now passed. the following regulations, in addition to addition, we propose to remove Thus, paragraph (b) would be amending section 303.105, ‘‘Procedures paragraph (e) Assignment. Because a redesignated paragraph (a) and for making information available to State is not required to take an paragraph (c) would be redesignated consumer reporting agencies’’. assignment but has discretion to do so, paragraph (b), respectively. this section is being removed as a ‘‘non- We also propose to revise paragraph Section 301.1 General Definitions mandatory’’ aspect of existing rules. (b)(2) by adding the word, ‘‘collected’’ We propose that the specified years Removal of this subsection does not after the second mention of ‘‘support’’ to for Applicable matching rate of ‘‘1983 preclude a State from taking an read as follows: ‘‘The monthly notice through 1987, 70 percent, FY 1988 and assignment of rights from a non-AFDC must list separately payments collected FY 1989, 68%,’’ referenced in section recipient of IV–D services if necessary from each absent parent when more 301.1 be removed as such dates have under State law or practice in order to than one absent parent owes support to passed. deliver program service. the family and must indicate the Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2777 amount of current support collected, the of certain child support arrearage consideration for referral to Federal amount of arrearages collected and the information to credit reporting agencies. court. Paragraph (c) is unnecessary to be amount of support collected which was Each IV-D State plan requirement placed in regulation as it merely paid to the family.’’ This addition is remains effective on the date indicated specifies internal instructions to the made to clarify that it is the amount by the statute or implementing Regional Office. actually collected, not the amount owed regulation. Therefore, we propose to revise the that must be included in the notice, and end of the introductory portion of Section 302.85 Mandatory will be consistent with the statutory paragraph (a) by removing, ‘‘to language at section 454(5)(A) of the Act. Computerized Support Enforcement demonstrate that’’ and completing the Section 302.54(c)(1)(i) specifies one of System paragraph by adding, ‘‘in accordance the grounds upon which a State may be On October 12, 1995, Public Law 104– with instructions issued by the Office,’’ granted a waiver to permit the issuance 35 was signed into law, which revises thus removing paragraphs (a)(1) through of quarterly, rather than monthly, Section 454(24) of the Social Security (c). notices of the amount of support Act. The revised statute extends the date Section 303.100 Procedures for Wage collected. Waivers granted under this by which States will have in effect, and or Income Withholding criterion were based upon the State’s approved by the Secretary, an lack of a computerized support operational automated data processing In the administration of wage or enforcement system consistent with and information retrieval system income withholding, § 303.100(g)(3) Federal requirements or the lack of an meeting all requirements of Federal law requires that effective October 1, 1995, automated system that is able to from October 1, 1995 to October 1, 1997. States must be capable of receiving generate monthly notices. Such waivers Because the deadline by which States withheld amounts and accounting were valid through September 30, 1995. must have operational automated information which are electronically On October 12, 1995, Public Law 104– systems has been changed, we propose transmitted by the employer to the 35 was signed into law, which revised to remove the date in paragraph (a)(2) State. This effective date for electronic Section 454(24) of the Social Security ‘‘October 1, 1995’’ and replace it with funds transfer capability was directly Act. The revised statute extends the date ‘‘October 1, 1997.’’ linked to the date by which States are by which States will have in effect, and required to have operational automated approved by the Secretary, a operational Section 303.10 Procedures for Case child support enforcement systems. On automated data processing and Assessment and Prioritization October 12, 1995, Public Law 104–35 information retrieval system meeting all This rule was issued under authority was signed into law, which revises requirements of Federal law from of section 1102 of the Act, as part of Section 454(24) of the Social Security October 1, 1995 to October 1, 1997. implementation of the Child Support Act. The revised statute extends the date Because waivers available under Enforcement Amendments of 1984 (Pub. by which States will have in effect, and § 302.54(c)(1)(i) are linked to the L. 98–378). We propose to remove this approved by the Secretary, an deadline by which States must have section because case assessment and operational automated data processing operational automated systems, we prioritization procedures are permissive and information retrieval system propose to revise the date clause to read and standards for an effective program meeting all requirements of Federal law ‘‘Until September 30, 1997,’’. Any at 45 CFR Part 303 require the State to from October 1, 1995 to October 1, 1997. automated system developed to meet provide necessary IV–D services in all Because the deadline by which States the Federal requirements for a certified cases in an efficient and effective must have operational automated comprehensive Statewide system must manner. Therefore, it is not necessary to systems has been changed, we propose produce mandated monthly notices of place this information in regulation. to revise the introductory clause in collections. States with previous paragraph (g)(3) to remove the phrase Section 303.31 Securing and Enforcing waivers that expired September 30, ‘‘Effective October 1, 1995,’’ and replace Medical Support Obligations 1995 can apply for extension of the it with ‘‘Effective October 1, 1997,’’. waiver if the State does not have a This rule implements section 452(f) of computerized support enforcement the Act. We propose to replace Section 303.105 Procedures for system consistent with Federal references to ‘‘§ 306.50(a)’’ with Making Information Available to requirements or lacks an automated ‘‘§ 303.30’’ in paragraphs (b)(6) and Consumer Reporting Agencies system that is able to generate monthly (b)(7). This technical change is required We propose to implement the notices. Extension of waivers will be to correct a clerical error. Revisions to requirements of amended section granted as part of the State plan §§ 303.30 and 303.31 set forth in the 466(a)(7) by revising the heading of 45 approval process. final rule issued March 8, 1991 did not CFR 303.105, Procedures for making make these technical changes. information available to consumer Section 302.70 Required State Laws reporting agencies, to read: ‘‘Procedures Section 303.73 Applications to Use Section 466(a) of the Act requires a for periodic reporting of information to The Courts of the United States to State to enact laws providing for these consumer reporting agencies.’’ new requirements. Consistent with Enforce Court Orders Under § 303.105(a), the definition of implementation of the Family Support This regulation is based on sections ‘‘consumer reporting agency’’ remains Act requirements, however, States may 452(a)(8) and 460 of the Act. An Action the same. The definition, which mirrors implement provisions using regulation, Transmittal (AT) issued February 6, the language in the Fair Credit procedure, or court rule, instead of law, 1976 (OCSE–AT–76–1) and revised May Reporting Act (15 U.S.C. 1681a[f]), has if such regulation, procedure, or rule 12, 1976 (OCSE–AT–76–8) covers not been changed. has the same force and effect under paragraphs (a) and (b) of the regulation. We propose to revise paragraph (b), to State law on the parties to whom they Since the requirements in this specify that States must use this apply. regulation are infrequently used, it is procedure when a non-custodial absent We propose to revise section sufficient for users to follow guidance in parent owes overdue support exceeding 302.70(a)(7) to reflect the statutory the AT. The AT gives express $1,000 and is at least two months in amendment which mandates reporting instructions for submitting cases for arrears. The provision of information by 2778 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

IV–D agencies is no longer triggered by In accordance with section same arrearage. Such misleading the request of a CRA, but is now 466(a)(7)(C) of the Act, under proposed double-reporting creates unnecessary required to be reported under the above paragraph (c) of section 303.105, States duplication of effort for child support criteria. The use of such procedures is are required to withhold information agencies, generates time-consuming optional to the State in cases where the from a CRA which does not have inquiries and complaints, and is unfair absent parent owes less than $1,000 in sufficient capability to make accurate to obligors. arrears. Allowing for optional reporting use of the information in a systematic To address these problems, we are in cases of less than $1,000 in arrears is and timely manner. In order to proposing new paragraph (f) in in keeping with the Federal/State maximize flexibility, States will be free § 303.105 which provides: for cases partnership in administering child to use their own criteria in determining where an initiating State requests, in support enforcement and allowing for what constitutes a ‘‘systematic and accordance with § 303.7(b), a maximum State flexibility. timely’’ use of the reported information responding State to enforce a support States may wish to take advantage of under amended section 466(a)(7)(C) of order, the responding State will report reporting when a non-custodial parent the Act. States are also required to to consumer reporting agencies. The owes overdue support less than $1,000 withhold information from an entity initiating State will not report. because many child support orders have which has not furnished satisfactory We are proposing that the responding low monthly payment amounts. evidence to the State that it is a CRA. State be responsible for credit reporting Otherwise, several months arrearage Under amended section 466(a)(7) of since it is usually the State that could result before triggering reporting the Act, the provision which allowed for implements enforcement remedies at the $1,000 threshold. Some States, a fee for furnishing such information to (except for Federal income tax refund including California, have found it be imposed on the requesting CRA by offset which is implemented by the beneficial to report all child support the State has been deleted. Therefore, initiating State). The responding State accounts to CRAs for such reasons as we propose that the corresponding text can coordinate credit reporting with the ease of administration and conformance involving the optional fee under the other enforcement techniques that it is to the credit reporting industry standard existing § 303.105(c) be removed. using. In addition, the responding State of reporting all debt and payment In accordance with section may have the most up-to-date payment 466(a)(7)(b) of the Act, paragraph (d) and location information about the information. In order to give States requires the State to provide the obligor. Finally, since the obligor often maximum flexibility, there are no noncustodial parent an advance notice lives in the responding State, the further requirements regarding the and an opportunity to contest the responding State is more likely to report frequency or manner in which accuracy of this information. Paragraph to credit reporting agencies which focus delinquent support information is (e) requires the State to comply with all on the area where the obligor lives. shared with CRAs. This flexibility is applicable procedural due process Many credit reporting agencies only also intended to allow for uninterrupted requirements of the State before maintain records for certain localities reporting in States where current releasing the information. The and regions, and even a major credit procedures may already meet the new requirements imposed in paragraphs (d) bureau may have more complete requirement. and (e) have been required by the statute information for individuals in a The cases in which information is since it was enacted in 1984 and were particular region of the country. sent to the CRA may be further limited not amended. Therefore, paragraph (d) Credit reporting in interstate cases by the State through the use of State and (e) remain unchanged by this where there are multiple support orders guidelines (45 CFR 303.105(b)). Criteria proposed rule. governing the same period of time can may be developed to determine which To ensure that this proposed rule be particularly complex. Under the cases are inappropriate for reporting to maximizes State flexibility, we generally Uniform Reciprocal Enforcement of CRAs. For example, State developed have not proposed to add regulatory Support Act (URESA), interstate guidelines might exclude the reporting requirements that go beyond statutory proceedings are considered ‘‘new’’ of cases where abuse or violence has requirements. However, there is one proceedings, even if a valid, enforceable been threatened or has occurred. area where we believe additional support order already exists. As a result, In addition, we propose to revise Federal regulatory guidance is needed— multiple, yet valid, orders in varying paragraph (b) by removing the second credit reporting in interstate cases. amounts in different States have been sentence specifying that State guidelines Because interstate cases involve entered for the same children. If should be made generally available to interaction between one or more States, arrearages owed for the same period of the public as to when use or application there is a need for national standards to time under more than one order are of reporting child support arrearages to ensure uniformity and clarity. reported to credit agencies, the obligor credit reporting agencies would not The statute does not address which will appear to owe multiple debts even carry out the purposes of the program or State (initiating or responding) should though, under State law, an obligor would be otherwise inappropriate in the report to credit bureaus in interstate receives credit under all orders for any circumstances. We are proposing this cases. Based on input that we have payment made. Therefore, the reporting revision since the statute mandates received from several States, Federal of arrears under multiple orders reporting of all cases which qualify guidance is needed in this area to avoid exaggerates the amount that the obligor based on arrearages and expressly duplication, confusion, and double- actually owes. specifies the bases for exceptions. reporting. For example, if both the The Uniform Interstate Family Guidelines for not submitting cases are initiating and responding States report Support Act (UIFSA) and the Full Faith no longer appropriate. arrears owed under a child support and Credit for Child Support Orders Act We invite State comments on any order in a case, both reports may appear (Pub. L. 103–383) will eventually existing reporting criteria they may use. on the obligor’s credit record. As a alleviate the multiple order problem. Comments received on this subject will result, the credit record would indicate These laws, which together limit the be widely disseminated because that the obligor owes two separate debts ability of a State to enter or modify an examples may be helpful to other States to two different child support agencies, order if a valid order already exists, will in formulating their own guidelines. when in fact the two reports are for the replace multiple orders with a system Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2779 under which only one support order is 466 of the Act including paragraph TPL program, with an incentive effective at any one time. However, this (a)(1) and (b) for ‘‘wage withholding’’ payment to political subdivision, other transition will take a matter of years— and implementing regulations at 45 CFR State, or other entity that makes the TPL until all of the children with multiple 303.100. In paragraph (b)(8), we propose collection. orders emancipate. We welcome to correct a clerical error by replacing As a result of an increasing degree of comments concerning possible ways to ‘‘§ 302.2’’ with ‘‘§ 303.2.’’ Finally, in responsibility for IV–D agencies to address this multiple order problem. paragraph (b)(11), we propose to remove perform medical support functions, very In addition, we welcome comments ‘‘Part 306, Subpart B, of this chapter’’ few of the functions listed in § 306.10 regarding the general issue of credit and replace with ‘‘sections 303.30 and continue to be optional. Many of the reporting in interstate cases, particularly 303.31’’. We are proposing this requirements listed as ‘‘optional’’ for whether there is a need for Federal technical fix to update this section to IV–D agencies to perform under regulation in this area and whether you reflect the revision made in 1990 to agreements with State Medicaid agree with our proposal. redesignate Part 306 Subpart B as agencies have become mandatory under Finally, in addition to reporting sections 303.30 and 303.31. title IV–D (e.g., obtain sufficient health information to CRAs, States routinely insurance information, § 303.30; secure obtain valuable location information Section 304.95 State Commissions on health insurance coverage, § 303.31). from CRAs. The requirements of this Child Support This leaves only two optional section do not preclude a State from This rule was required by section 15 procedures in § 306.10 ((f) file insurance obtaining information from CRAs. Many of Public Law 98–378 to be claims and (h) take direct action to States already reap the benefits of using implemented by December 1, 1984 with recover TPL). CRAs as a source of valuable a report of findings and We propose that Part 306 be removed information. States may make requests recommendations to the Governor by and reserved. This will give States of consumer reporting agencies for such October 1, 1985. We propose to remove flexibility to enter into cooperative purposes as location of non-custodial this section as the requirement for a agreements with Medicaid agencies to parents, location of assets, and State to have a Commission on Child perform activities which are beyond the determination of ability to pay support. Support as a condition of eligibility for mandatory medical support activities of Federal funding expired on October 1, the IV–D program. Cooperative Section 304.10 General Administrative 1985. Although it is no longer agreements for medical support Requirements mandatory, nothing precludes a State enforcement is a statutory requirement We propose to replace the from having such a Commission. mandated on the Health Care Financing parenthetical phrase, ‘‘(with the Administration (HCFA) which was exception of Subpart G, Matching and Part 306 Optional Cooperative Agreements for Medical Support placed in regulation at 42 CFR 433.152 Cost Sharing and Subpart I, Financial but optional for IV–D. This proposed Reporting Requirements)’’ with ‘‘(with Enforcement; Section 306.0 Scope of This Part, Section 306.2 Cooperative removal will not affect the continuation the exception of 45 CFR 74.23, Cost of existing cooperative agreements or Sharing or Matching and 45 CFR 74.52, Agreement, Section 306.10 Functions To Be Performed under a Cooperative formulation of future agreements Financial Reporting).’’ We are proposing between State child support agencies this revision to coincide with Agreement, Section 306.11 Administrative Requirements of and State Medicaid agencies. substantial revisions of 45 CFR Part 74 Cooperative Agreements, Section 306.20 by DHHS August 25, 1994 (59 FR Section 307.5 Mandatory Prior Approval of Cooperative 43760). Computerized Support Enforcement Agreements, Section 306.21 Subsidiary Systems Section 304.20 Availability and Rate Cooperative Agreements With Courts On October 12, 1995, Public Law 104– of Federal Financial Participation and Law Enforcement Officials, Section 35 was signed into law, which revises 306.22 Purchase of Service Agreements, We propose to make several technical Section 454(24) of the Social Security and Section 306.30 Source of Funds revisions to update and correct this Act. The revised statute extends the date section. In paragraph (b)(1)(iii), we Cooperative agreements for medical by which States will have in effect, and propose to replace the phrase ‘‘Subpart support enforcement was first added to approved by the Secretary, an P’’ with ‘‘* * * in accordance with the the IV–D regulations (Part 306) in the operational automated data processing Procurement Standards found in 45 CFR February 11, 1980 joint final rule by the and information retrieval system 74.40 et. seq..’’ We are proposing this Health Care Financing Administration meeting all requirements of Federal law revision to coincide with substantial (HCFA) and OCSE implementing from October 1, 1995 to October 1, 1997. revisions of 45 CFR Part 74 by DHHS section 11 of Public Law 95–142 which Because the deadline by which States August 25, 1994 (59 FR 43760) because added a new section 1912 to the Social must have operational automated the regulation is applicable to both Security Act. Section 1912 authorized systems has been changed, we propose agencies. In paragraph (b)(1)(vi), we the Third Party Liability (TPL) program to remove the date in paragraph (a) propose to change the reference from in the Medicaid agency and required the ‘‘October 1, 1995’’ and replace it with ‘‘§ 302.16’’ to ‘‘§ 304.15.’’ We propose State to require Medicaid recipients, as ‘‘October 1, 1997.’’ this technical revision because § 304.15 a condition of Medicaid eligibility, to is a cross-reference to the DHHS assign their support rights to any Section 307.15 Approval of Advance regulations on cost allocation at 45 CFR medical support and to cooperate with Planning Documents for Computerized Part 95, Subpart E which replaced 45 the State in establishing paternity and Support Enforcement Systems CFR 302.16. In paragraph (b)(3)(iv), we obtaining third party payments. Section On October 12, 1995, Public Law 104– propose to replace ‘‘attachment’’ with 1912 also required the State plan to 35 was signed into law, which revises ‘‘withholding’’, in order to make the provide for the State Medicaid agency to Section 454(24) of the Social Security terminology consistent with the make cooperative agreements with the Act. The revised statute extends the date enactment of the Child Support State IV–D agency, and other by which States will have in effect, and Enforcement Amendments of 1984 (Pub. appropriate agencies, courts, and law approved by the Secretary, an L. 98–378) which created a new section enforcement officials to assist in the operational automated data processing 2780 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules and information retrieval system PART 301ÐSTATE PLAN APPROVAL § 302.36 [Amended] meeting all requirements of Federal law AND GRANT PROCEDURES 8. In section 302.36, paragraph (a) from October 1, 1995 to October 1, 1997. introductory text is amended by Because the deadline by which States 1. The authority citation for Part 301 removing ‘‘for:’’ and inserting a period must have operational automated continues to read as set forth below: in its place at the end of the paragraph systems has been changed, we propose Authority: 42 U.S.C. 651 through 658, 660, and removing paragraphs (a)(1) through to remove the date in paragraph (b)(2) 664, 666, 667, 1301, and 1302. (a)(5). ‘‘October 1, 1995’’ and replace it with 2. Section 301.1 is amended by § 302.37 [Removed] ‘‘October 1, 1997.’’ revising the definition for ‘‘Applicable 9. Section 302.37 is removed. Regulatory Flexibility Analysis matching rate’’ to read as follows: 10. In section 302.54, paragraph (a) is The Secretary certifies, under 5 U.S.C. § 301.1 General definitions. removed, paragraphs (b) and (c) are 605(b), as enacted by the Regulatory * * * * * redesignated (a) and (b), respectively, Flexibility Act (Pub. L. 96–354), that Applicable matching rate means the the reference to ‘‘Until September 30, this proposed regulation will not result rate of Federal funding of State IV-D 1995’’ in new designated paragraph in a significant impact on a substantial programs’ administrative costs for the (b)(1)(i) is revised to read ‘‘Until number of small entities. The primary appropriate fiscal year. The applicable September 30, 1997’’, and newly impact is on State governments and matching rate for FY 1990 and thereafter designated paragraph (a)(2) is revised to individuals and results from restating is 66 percent. read as follows: the provisions of the statute. State * * * * * § 302.54 Notice of collection of assigned governments are not considered small support. entities under the Act. § 301.15 [Amended] * * * * * 3. In 301.15, paragraph (a)(1) is Regulatory Impact Analysis (a) * * * amended by revising ‘‘Social and (2) The monthly notice must list Executive Order 12866 requires that Rehabilitation Service, Attention: separately payments collected from each regulations be reviewed to ensure that Finance Division, Washington, DC absent parent when more than one they are consistent with the priorities 20201’’ to read ‘‘Administration for absent parent owes support to the and principles set forth in the Executive Children and Families, Office of family and must indicate the amount of Order. The Department has determined Program Support, Division of Formula, current support collected, the amount of that this rule is consistent with these Entitlement and Block Grants, 370 arrearages collected and the amount of priorities and principles. No costs are L’Enfant Promenade, S.W., Washington, support collected which was paid to the associated with this rule as it merely D.C. 20447’’ and paragraph (e) is family. ensures consistency between the statute amended by revising, ‘‘Subpart G * * * * * and regulations. Matching and Cost Sharing’’ to read ‘‘45 11. Section 302.70(a)(7) is revised to List of Subjects CFR 74.23 Cost Sharing or Matching’’ read as follows: and revising ‘‘Subpart I Financial 45 CFR Part 301 Reporting Requirements’’ to read ‘‘45 § 302.70 Required State laws. Child support, Grant programs/social CFR 74.52 Financial Reporting.’’ (a) * * * (7) Procedures which require the State programs. PART 302ÐSTATE PLAN to periodically report information 45 CFR Part 302 REQUIREMENTS regarding the amount of overdue Child support, Grant programs/social 4. The authority citation for Part 302 support owed by an absent parent to programs, Reporting and recordkeeping continues to read as follows: consumer reporting agencies in accordance with § 303.105 of this requirements. Authority: 42 U.S.C. 651 through 658, 664, 666, 667, 1302, 1396a(a)(25), 1396b(d)(2), chapter; 45 CFR Parts 303 and 304 1396b(o), 1396b(p), 1396(k). * * * * * Child support, Grant programs/social § 302.85 [Amended] programs, Reporting and recordkeeping § 302.15 [Amended] requirements. 5. In section 302.15, paragraph (b) is 12. In Section 302.85, reference to removed and paragraphs (a) ‘‘October 1, 1995’’ in paragraph (a)(2) is 45 CFR Part 306 introductory text, (a)(1) introductory revised to read ‘‘October 1, 1997.’’ Child support, Grant programs/social text, (a)(1)(i) through (vii) and (2) are PART 303ÐSTANDARDS FOR programs, Medicaid. redesignated as § 302.15 introductory text, (a) introductory text, (a)(1) through PROGRAM OPERATIONS 45 CFR Part 307 (7) and (b) respectively. 13. The authority citation for Part 303 Child support, Grant programs/social continues to read as follows: § 302.33 [Amended] programs, Computerized support Authority: 42 U.S.C. 651 through 658, 660, enforcement systems. 6. In section 302.33, paragraph (c)(1) is removed, paragraphs (c)(2) and (c)(3) 663, 664, 666, 667, 1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and 1396(k). (Catalog of Federal Domestic Assistance are redesignated as (c)(1) and (c)(2), and Programs No. 93.563, Child Support Enforcement Program) paragraph (e) is removed. § 303.10 [Removed] 14. Section 303.10 is removed. Dated: December 1, 1995. § 302.34 [Amended] Mary Jo Bane, 7. In section 302.34, paragraph (b) is § 303.31 [Amended] Assistant Secretary for Children and Families. removed, paragraph (a) is amended by 15. In 303.31, reference to For the reasons discussed above, we removing the paragraph designation and ‘‘§ 306.50(a)’’ is revised to read § 303.30 propose to amend title 45 chapter III of by adding ‘‘under § 303.107’’ after in paragraphs (b)(6) and (b)(7). the Code of Federal Regulations as ‘‘cooperative arrangements’’ in the first 16. Section 303.73 is revised to read follows: sentence. as follows: Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2781

§ 303.73 Applications to use the courts of § 304.20 [Amended] made by the National Association of the United States to enforce court orders. 22. In section 304.20, paragraph Broadcasters, the Association of The IV–D agency may apply to the (b)(1)(iii) introductory text is amended Independent Stations, Inc., Capital Secretary for permission to use a United by replacing ‘‘Subpart P’’ with ‘‘in Cities/ABC, Inc., CBS Inc., Fox States district court to enforce a support accordance with the Procurement Broadcasting, and NBC, Inc., and by The order of a court of competent Standards found in 45 CFR 74.40 et National Association of the Deaf. The jurisdiction against an absent parent seq.’’, paragraph (b)(1)(vi) is amended intended effect of this action is to allow who is present in another State if the by revising the reference to ‘‘§ 302.16’’ the parties to the proceeding to have IV–D agency can furnish evidence in to read ‘‘§ 304.15’’, paragraph (b)(3)(iv) additional time in which to file accordance with instructions issued by is amended by revising the term comments and reply comments. the office. ‘‘attachment’’ to read ‘‘withholding;’’, DATES: Comments are due on or before paragraph (b)(8) is amended by revising § 303.100 [Amended] February 28, 1996, and reply comments the reference ‘‘§ 302.2’’ to read ‘‘§ 303.2’’ are due on or before March 15, 1996. 17. In section 303.100, reference to and, paragraph (b)(11) is amended by ADDRESSES: Federal Communications ‘‘October 1, 1995’’ in paragraph (g)(3) is revising ‘‘Part 306, Subpart B, of this revised to read ‘‘October 1, 1997.’’ Commission, Washington, D.C. 20554. chapter’’ to read ‘‘sections 303.30 and FOR FURTHER INFORMATION CONTACT: 18–19. Section 303.105 is amended by 303.31’’. revising the section heading and Robert Somers (202–418–2130) or paragraphs (b) and (c) and adding new § 304.95 [Removed] Charles Logan (202–418–2130), Mass paragraph (f) to read as follows: 23. Section 304.95 is removed. Media Bureau. SUPPLEMENTARY INFORMATION: This is a § 303.105 Procedures for periodic PART 306ÐOPTIONAL COOPERATIVE synopsis of the Order Granting reporting of information to consumer Extension of the Time for Filing reporting agencies. AGREEMENTS FOR MEDICAL SUPPORT ENFORCEMENTÐ Comments in MM Docket No. 95–176, * * * * * [REMOVED AND RESERVED] DA 96–53, adopted January 22, 1996 (b) For cases in which the amount of and released January 22, 1996. The overdue support exceeds $1,000 and is 24. Part 306 is removed and reserved. complete text of this Order is available at least two months in arrears, the IV– for inspection and copying during D agency must have in effect procedures PART 307ÐCOMPUTERIZED SUPPORT ENFORCEMENT SYSTEMS normal business hours in the FCC to periodically report the name of the Reference Center (Room 239), 1919 M absent parent and the amount of arrears 25. The authority citation for part 307 Street, N.W., Washington, D.C., and also to consumer reporting agencies. continues to read as follows: may be purchased from the (c) The information shall not be made Commission’s copy contractor, available to a consumer reporting Authority: 42 U.S.C. 652 through 658, 664, 666, 667, and 1302. International Transcription Service, agency which: (202) 857–3800, 2100 M Street NW., (1) the State determines does not have § 307.5 [Amended] Suite 140, Washington, DC 20037. sufficient capability to make use of the 26. In section 307.5, reference to information in a systematic and timely Synopsis of Order Granting Extension ‘‘October 1, 1995’’ in paragraph (a) is manner; or of Time for Filing Comments revised to read ‘‘October 1, 1997.’’ (2) has not furnished satisfactory 1. On December 1, 1995, the evidence to the State that it is a § 307.15 [Amended] Commission adopted a Notice of Inquiry consumer reporting agency. 27. In section 307.15, reference to in MM Docket No. 95–176 (NOI), FCC– * * * * * ‘‘October 1, 1995’’ in paragraph (b)(2) is 95–484, 60 FR 65052 (December 18, (f) Interstate. For cases where an revised to read ‘‘October 1, 1997.’’ 1995), seeking comment on a wide initiating State requests, in accordance [FR Doc. 96–1254 Filed 1–26–96; 8:45 am] variety of issues relating to closed with § 303.7(b), a responding State to captioning and video description BILLING CODE 4150±04±P enforce a support order, the responding services. Comments were initially due State will report to consumer reporting to be filed by January 29, 1996, and agencies in accordance with this reply comments by February 14, 1996. FEDERAL COMMUNICATIONS section. The initiating State will not 2. On January 16, 1996, a Motion to COMMISSION report. Extend the Comment Period was filed 47 CFR Parts 73 and 76 by the National Association of PART 304ÐFEDERAL FINANCIAL Broadcasters, the Association of PARTICIPATION [MM Docket No. 95±176, DA 96±53] Independent Television Stations, Inc., Capital Cities/ABC, Inc., CBS Inc., Fox 20. The authority citation for Part 304 Television Services; Cable Television continues to read as follows: Broadcasting Company, and the Services; Closed Captioning and Video National Broadcasting Company, Inc. Authority: 42 U.S.C. 651 through 655, 657, Description of Video Programming 1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), (collectively referred to as 1396(p), and 1396(k). AGENCY: Federal Communications ‘‘Broadcasters’’). Broadcasters point out Commission. that both the House and Senate have § 304.10 [Amended] ACTION: Notice of Inquiry; extension of passed versions of telecommunications 21. In section 304.10, the comment and reply comment period. legislation that would require the parenthetical phrase ‘‘(with the Commission to adopt new rules exception of Subpart G, Matching and SUMMARY: This action extends the requiring closed captioning of most Cost Sharing and Subpart I, Financial deadline for filing comments and reply television programming. See NOI at Reporting Requirements)’’ is revised to comments to the Notice of Inquiry in the ¶¶ 7–8, 25–31. They claim that the read ‘‘(with the exception of 45 CFR above-cited docket. It is taken in information the Commission will need 74.23, Cost Sharing or Matching and 45 response to requests to extend the to gather will vary significantly CFR 74.52, Financial Reporting).’’ comment and reply comment period depending on whether any such 2782 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules legislation is enacted. They argue that 4. We decline to grant Broadcasters’ Notice of Inquiry in MM Docket No. 95– ‘‘the resources of both Broadcasters and request for an indefinite extension 176 IS GRANTED to the extent the Commission would be poorly used pending developments on the pending indicated herein. It is further ordered in preparing and considering comments telecommunications reform legislation. that the request of the National raised in the [NOI] when a second set While we understand that further Association of Broadcasters, et al., for of comments would almost certainly comments may ultimately be necessary, an extension contingent on the passage have to be sought on similar issues if we believe that submission of the of the pending telecommunications Congress adopts the captioning information sought by the NOI will legislation is denied. legislation.’’ Accordingly, Broadcasters provide a useful foundation for further 7. It is further ordered, that the time request the Commission to extend the Commission action whether or not that for filing comments in the above- filing date for comments in this legislation is enacted. The Commission captioned proceeding is extended to proceeding until 30 days after the date will be able to expedite the February 28, 1996, and the time for of enactment of the implementation of any legislation that filing reply comments is extended to Telecommunications Act of 1995, or—if becomes law and accelerate completion March 15, 1996. Congress fails to adopt a bill—until a of any further proceedings the 8. This action is taken pursuant to further order of the Commission.1 Commission may be required by the authority found in Sections 4(i) and legislation to conduct on both closed 303(r) of the Communications Act of 3. On January 17, 1996, The National captioning and video description. Association of the Deaf (NAD) requested 1934, as amended, 47 U.S.C. §§ 154(i) Further, the comments submitted and 303(r), and Sections 0.204(b), 0.283 that the Commission extend the due should provide us with information that date for filing comments and reply and 1.45 of the Commission’s Rules, 47 would be useful in preparing any Notice CFR §§ 0.204(b), 0.283 and 1.45. comments in this proceeding by 30 of Proposed Rule Making that might be Federal Communications Commission. days. In support of its request, NAD necessary to implement the legislation. argues that the occurrence of certain If the legislation is not enacted, the Renee Licht, events make meeting the existing record in this proceeding will enable the Deputy Chief, Policy Mass Media Bureau. deadlines extremely difficult, if not Commission to ‘‘assess the possibility of [FR Doc. 96–1498 Filed 1–26–96; 8:45 am] impossible. First, NAD notes that adopting regulatory requirements in this BILLING CODE 6712±01±P Gallaudet University announced the area under its existing statutory closing of the National Center for Law authority.’’ NOI at ¶ 26. and Deafness (Law Center), effective 5. With regard to NAD’s request for an DEPARTMENT OF COMMERCE January 19, 1996. The Law Center, extension, we are mindful that Section which NAD states has played a key role 1.46 of the Commission’s Rules, 47 CFR National Oceanic and Atmospheric in coordinating and preparing § 1.46, articulates a Commission policy Administration comments on Commission proceedings that extensions of time for filing affecting telecommunications and comments in rulemaking proceedings 50 CFR Part 301 television access, was given only seven are not to be routinely granted. weeks notice of its closing date after Nevertheless, we find that good cause [Docket No. 960111003±6003±01; I.D. being in operation for twenty years. exists for granting a short extension of 121895B] NAD claims that because the time the comment and reply comment RIN 0648±AI48 allotted for shutting down the Law deadlines. We take note of the following Center and transferring its operations factors which, viewed in their totality, Pacific Halibut Fisheries; Catch was so short, the Law Center had little we believe warrant grant of a 30-day Sharing Plan or no time to begin to address the extension: (1) the abrupt closing of the matters raised in the NOI. NAD states Law Center at Gallaudet University, and AGENCY: National Marine Fisheries that it will be assuming the role the need for its successor organization, Service (NMFS), National Oceanic and formerly filled by the Law Center in NAD, to gather comprehensive Atmospheric Administration (NOAA), addressing telecommunications matters information on short notice; (2) the Commerce. raised by the Commission. Second, NAD unusually severe winter storms, which ACTION: Proposed rule and proposed notes that the severe winter snow storm have recently stalled mail deliveries, catch sharing plan. that struck the Northeast forced closure disrupted transit, and forced many of many private and governmental workplaces to close for up to a week, SUMMARY: NMFS proposes to approve offices for approximately the entire and have therefore complicated efforts and implement revisions to the Catch week of January 8–12, 1996, impeding to prepare comments, particularly for Sharing Plan (Plan) for harvests of NAD’s ability to gather the information those parties whose comments required Pacific halibut off Washington, Oregon, needed for a proper response to the NOI. coordination among multiple entities or and California under authority of the Finally, the partial closure of the persons; and (3) the partial federal Northern Pacific Halibut Act of 1982 Federal government resulted in a government closure, which has made it (Halibut Act). This action is necessary to furlough of employees at several difficult for parties to gather from revise the Plan to address the needs of governmental agencies, including the agencies relevant information regarding fisheries in varying geographical areas. Department of Education, which may closed captioning and video description Proposed changes to the Plan would have relevant information to file in services. affect sport fisheries and the incidental connection with this proceeding.2 6. Accordingly, it is ordered, that the catch of halibut in the salmon troll request filed by the National fishery. NMFS also proposes sport 1 Broadcasters request in the alternative that the Association of the Deaf for an extension fishery regulations to implement the Commission extend the comment deadlines by 30 of time in which to file comments and Plan in 1996. The proposed rule is days. intended to carry out the objectives of 2 NAD also supports its request with the reply comments in response to the argument that ‘‘many individuals were out of town the International Pacific Halibut or otherwise unavailable’’ during the Christmas any justification for an extension of the comment Commission (IPHC) and the Pacific holidays. We do not believe that this fact provides period. Fishery Management Council (Council). Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2783

DATES: Comments on this proposed rule changes to the Plan to the Council at its incidentally caught halibut. The Council must be received on or before February July public meeting. Further, the Plan recommended that the general sport 12, 1996. only provided sport fishery structuring halibut season close when 1,000 lb (0.45 ADDRESSES: Send comments to William for the area off Oregon for 1995, with mt) are projected to remain in the Stelle, Jr., Director, Northwest Region, the expectation that the Council would subarea quota, so as to allow for NMFS, 7600 Sand Point Way NE, develop a long-term structuring in 1996 incidental halibut catch in the nearshore Seattle, WA 98115. after 1-year’s experience with the Plan. sport fisheries. To provide for this, the FOR FURTHER INFORMATION CONTACT: Joe Specific proposals to change the Plan Council recommended that immediately Scordino, 206–526–6140. were considered by the Council at its following the general season closure, the SUPPLEMENTARY INFORMATION: The August and October public meetings. area from the Queets River south to ° ° Halibut Act of 1982 at 16 U.S.C. 773c The changes proposed in this rule 47 00’00’’ N. lat. and east of 124 40’00’’ provides that the Secretary of Commerce reflect the recommendations of the W. long. would open and continue open (Secretary) shall have general Council for halibut fisheries off the for 7 days per week until either the responsibility to carry out the Halibut coasts of Washington, Oregon, and subarea quota is achieved or until the Convention between the United States California for 1996 and beyond. season ending date, whichever occurs and Canada, and that the Secretary shall Proposed changes to the Plan affect first. The area proposed for this second adopt such regulations as may be certain sport fishery subareas and opening is not generally considered a management of incidental halibut necessary to carry out the purposes and halibut fishing area, although anglers do harvest in the salmon troll fishery as objectives of the Convention and the occasionally catch halibut in those described below. The Council also made Halibut Act. Section 773c(c) also waters. With a 1,000 lb (0.45 mt) recommendations on the specific authorizes the regional fishery allowance for the second opening, sport seasons, dates, and other management management council having authority fishers would be able to retain halibut measures in the sport fisheries for the geographic area concerned to that is incidentally caught during necessary to implement the Plan in develop regulations governing the fisheries for species other than halibut. 1996. Pacific halibut catch in U.S. Convention NMFS is proposing to implement this waters that are in addition to, but not in Proposed Changes to the Plan Council-recommended change to the conflict with, regulations of the IPHC. Plan as shown in the proposed For the sport fishery in the regulations in § 301.23(f)(1)(iii). Accordingly, Catch Sharing Plans to Washington Inside Waters Subarea allocate the total allowable catch (TAC) (Puget Sound including Strait of Juan de For the sport fishery in the Oregon of Pacific halibut between treaty Indian Fuca), the Council wanted more Central Coast and Southern Oregon and non-Indian harvesters, and among flexibility and user input in the season Coast Subareas, the Council developed non-Indian commercial and sport structuring for this fishery. Sport users provisions for the Plan for the sport fisheries in IPHC statistical Area 2A (off in this area have advised that they need fisheries in these areas for 1996 and Washington, Oregon, and California) to know what the quota will be before beyond. Currently, the Plan provides for have been developed since 1988 by the they can provide constructive input on sport structuring only for 1995. Council in accordance with the Halibut which days of the week the fishery Fisheries participants from the Oregon Act. For 1995 and beyond, NMFS should be open. Because the final TAC coast requested that the Council implemented a Council-recommended is not known until after the IPHC annual consider a later opening date for the long-term Plan (60 FR 14651, 14663– meeting in late January, this prevents sport fishery off Oregon so as to avoid 14665, March 20, 1995) that allocates 35 sport users from providing such input at some of the foul weather associated percent of the Area 2A TAC to the Council’s fall public meeting when with early opening dates. The proposed Washington treaty Indian tribes in final recommendations are made on the Plan is modified slightly from 1995 to Subarea 2A–1, and 65 percent to non- halibut fisheries in Area 2A. To rectify remove the specific opening dates. The Indian fisheries in Area 2A. The this, the Council recommended that the opening dates would be set annually, allocation to non-Indian fisheries is Plan be changed to allow the season based on the TAC and the standards set divided into three shares, with the structuring for this fishery to be in this paragraph. In addition, the Washington sport fishery (north of the developed in a public workshop Council provided specific sport fishery Columbia River) receiving 36.6 percent, sponsored by Washington Department seasons, dates, and other management the Oregon/California sport fishery of Fish and Wildlife after the allowable measures for 1996. The Council receiving 31.7 percent, and the catch is set by IPHC at the end of recommended a sport fishery off Oregon commercial fishery receiving 31.7 January. This change in the Plan would in waters south of Cape Falcon percent. The commercial fishery is allow sport users in conjunction with beginning on May 16, rather than on the further divided into two sectors; a state fishery managers to recommend May 4 opening date used in 1995. The directed (traditional longline) the open days per week according to May 16, 1996 opening date reflects a commercial fishery that is allocated 85 how many total days they believe will compromise between a wide range of percent of the non-Indian commercial be available in a season and the desired proposed opening dates. For the Oregon harvest, and 15 percent for harvests of season length structured to ensure that central coast subarea only, the Council halibut caught incidental to the salmon the subarea quota is not exceeded. recommended that the allocation in the troll fishery. The directed commercial NMFS is proposing to implement the Plan for the first season be set at 68 fishery in Area 2A is confined to Council-recommended change to the percent (slightly reduced from 71.5 southern Washington (south of Plan as shown in the proposed percent in 1995) of the Central coast 46°53’18’’ N. lat.), Oregon and regulations in § 301.23(f)(1)(i). allowable catch, and the second season California. The Plan also divides the For the sport fishery in the be set at 7 percent (an increase over the sport fisheries into seven geographic Washington South Coast Subarea, the 3.5 percent in 1995). Private boat areas each with separate allocations, Council recommended changes to the anglers particularly wish to avoid seasons, and bag limits. Plan on the closure of this fishery that fishing in turbulent spring weather and Following the first year of the new would allow for a longer time frame for requested that a greater quantity of the Plan, fishery participants recommended the nearshore sport fisheries to retain Oregon sport fishery catch be reserved 2784 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules for later fishery openings. These effectiveness of the inseason that the season will be open will be provisions are intended to reserve more adjustments would be made by NMFS based on the allowable harvest level and of the allowable harvest for the second in accordance with recommendations developed in a public and third season openings. NMFS is § 301.21(d)(3)(iii)and (iv). workshop sponsored by Washington proposing to implement the Council The Council also recommended that Department of Fish and Wildlife after recommended modifications to the Plan applications to the IPHC by salmon the allowable catch is set by the IPHC as shown in the proposed regulations in trollers requesting an incidental halibut near the end of January. § 301.23(f)(1)(v) and (vi). harvest permit must be postmarked no Washington North Coast Subarea The Council also recommended later than March 31, or the first weekday (north of the Queets River). The several refinements to the Plan on the in April, if March 31 falls on a weekend. proposed season for this subarea is management of the incidental halibut This deadline date change from the similar to 1995 with a May 1 opening harvest by salmon trollers. The Council 1995 deadline of April 30 is proposed and continuing 5 days per week until recommended that the Plan be revised so that the Council will know how the quota is taken. Based on the such that halibut landing restrictions for many incidental permits have been assumed TAC for 1996 and the past the commercial salmon troll fishery issued to salmon trollers prior to performance of this fishery, the quota would be developed by the Council at Council adoption of halibut landing for this subarea would likely be reached its spring public meeting and would be restrictions within the salmon by the end of May so a potential July based on the expected number of regulations. The Council will use the reopening of the fishery as stated in the information on the number of applicants Plan in § 301.23(f)(1)(ii) is not possible incidental harvest permits, halibut at its spring public meeting to determine (similar to 1995). allocation, and other pertinent appropriate landing restrictions for this Washington South Coast Subarea. information, and may include landing fishery. The IPHC application deadline The proposed regulations in this ratios for any salmon species, landing date for directed halibut fisheries will subarea are similar to 1995 with a May limits (e.g., maximum number of halibut still be April 30. Because the IPHC is 1 opening and continuing 7 days per per landing), or other means to control responsible for licensing vessels in the week until the quota is taken. However, the rate of halibut harvest. This change halibut fishery, this recommendation in accordance with the proposed was requested by users because in 1995, will be considered by the IPHC at its changes to the Plan for this area, the the May/June salmon troll fishery annual meeting for implementation in fishery would close when 1,000 lb (0.45 harvested less than 13 percent of the the international regulations in § 301.3. mt) remain in the quota and reopen as incidental halibut allocation, in part a nearshore fishery until the remaining Proposed Sport Fishery Regulations because managers were unable to make quota is taken. an inseason ratio adjustment. The In accordance with the Plan Columbia River Subarea. The Council recommended that the Plan implementation procedures at 50 CFR proposed regulations in this subarea allow NMFS to make inseason changes 301.23(g), this document also provides will be the same as 1995. to the landing restrictions after notice of the proposed sport fishery Oregon Central Coast Subarea. The consulting with pertinent troll regulations in § 301.21 that are proposed regulations for this subarea representatives of the Council’s Salmon necessary to implement the Plan in reflect the proposed changes to the Plan Advisory Subpanel and the Halibut 1996. These proposed sport fishery and the Council recommendation for a Managers Group. Such inseason regulations are based on an assumed three-season structure with the first adjustments in landing restrictions Area 2A TAC of 520,000 lb (235.9 mt), season opening May 16 and continuing should ensure that the incidental the same as 1995. The final TAC will be 3 days per week until 68 percent of the harvest rate is appropriate for salmon determined by the IPHC at its annual quota is taken, then switching to a and halibut availability, does not meeting in January 1996, and necessary nearshore water fishery until 7 percent encourage targeting halibut, and does changes based on the final TAC and of the quota has been taken or August not increase the likelihood of exceeding consideration of public comments will 1, whichever is earlier. The third, the allocation. Should the commercial be made in the final rule. The proposed unrestricted depth season would open salmon troll fishery fail to fully use its sport fishing regulations for 1996 by on August 2 and continue until the incidental halibut harvest allocation, area are as follows. overall Oregon sport quota is taken. any remaining halibut quota not Washington Inside Waters Subarea Oregon South Coast Subarea. The harvested in the May/June troll fishery (Puget Sound and Straits). In this proposed regulations for this subarea would be made available to the directed subarea, the proposed changes to the reflect the proposed changes to the Plan halibut fishery on July 1. The Council Plan leave the seasonal dates and the Council’s recommendation for a also recommended that if, by July 31, unspecified. However, for the purpose three-season structure with the first the overall non-Indian commercial of soliciting public comments, the season opening May 16 and continuing halibut quota has not been completely proposed rule is structured the same as 3 days per week until 80 percent of the harvested and sufficient incidental 1995; i.e., the fishing season will be quota is taken, then switching to a allocation remains from the May/June held 5 days a week, commencing May nearshore water fishery until the troll fishery, the incidental harvest of 25 with Tuesdays and Wednesdays subarea quota taken or August 1, halibut will be allowed to resume on closed to fishing. Based on the 1995 whichever is earlier. A third, August 1 in any existing salmon troll catch rate of 802 lb (363.8 kg) per day, unrestricted depth season would open fishery. The incidental harvest would a total of 43 fishing days will result in on August 2 and continue until the continue until achievement of either the achievement of the quota for this overall Oregon sport quota is taken. overall non-Indian commercial halibut subarea so the fishery would close on California Subarea. The proposed quota or the incidental salmon troll July 22. In 1995, this fishery closed on regulations in this subarea will be the halibut quota, whichever occurs first. July 29 (after 48 days of fishing), but the same as 1995. NMFS is proposing to implement the quota was exceeded so the 1996 NMFS is requesting public comments Council’s recommended changes to the proposed regulations would only allow on approval of the Council’s Plan as shown in the proposed a 43-day season. The final recommended modifications to the Plan regulations in § 301.23(e)(1). Notice and determination of the days of the week and to the sport fishing regulations at Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2785

§ 301.21. The IPHC Area 2A TAC will be § 301.3 Licensing vessels. (ii) In the area off the north set at the IPHC meeting to be held from * * * * * Washington coast, west of the line January 22 through 25, 1996. Comments (h) A vessel operating in the directed described in paragraph (d)(2)(i) of this on these proposed regulations are commercial fishery for halibut in Area section and north of the Queets River requested by February 12, 1996, to 2A must have its ‘‘Application for (47°31’42’’ N. lat.), the quota for provide adequate time after the IPHC Vessel License for the Halibut Fishery’’ landings into ports in this area is 71,410 annual meeting, so that the public will form postmarked no later than April 30. lb (32.4 mt). Landings into Neah Bay of have the opportunity to consider the A vessel operating in the commercial halibut caught in this area will count final Area 2A TAC before submitting salmon troll fishery in Area 2A that against this quota and are governed by comments on these proposed seeks an incidental harvest permit for the regulations in this paragraph regulations. The IPHC, consistent with halibut must have its application to the (d)(2)(ii). its responsibilities under the Commission postmarked no later than (A) The fishing season commences on international convention, will March 31, or the first weekday in April, May 1, and continues 5 days a week implement the quotas stipulated in the if March 31 falls on a weekend. (Tuesday through Saturday) until 71,410 Plan based on its final determination of * * * * * lb (32.4 mt) are estimated to have been the Area 2A TAC to be made at its 3. In § 301.7, paragraph (c) is revised taken and the season is closed by the annual meeting. to read as follows: Commission. After the Area 2A TAC is known, and (B) The daily bag limit is one halibut § 301.7 Fishing periods. after NMFS reviews public comments, of any size per day per person. NMFS and the IPHC will implement * * * * * (C) A portion of this area about 19 nm final rules for the halibut fishery. The (c) Notwithstanding paragraph (b) of (35 km) southwest of Cape Flattery is final method for determining the this section and § 301.10(g), an closed to sport fishing for halibut. The incidental catch fishery is authorized closed area is within a rectangle defined incidental halibut harvest allocation for ° commercial salmon trollers will be during salmon troll seasons in Area 2A. by these four corners: 48 18’00’’ N. lat., Operators of vessels participating in the 125°11’00’’ W. long.; 48°18’00’’ N. lat., published with the annual salmon ° ° management measures. salmon troll fishery in Area 2A may 124 59’00’’ W. long.; 48 04’00’’ N. lat., retain halibut caught incidentally 125°11’00’’ W. long.; and, 48°04’00’’ N. Classification during authorized periods, in lat., 124°59’00’’ W. long. (iii) In the area between the Queets The proposed revisions to the Plan conformance with the annual salmon River, WA and Leadbetter Point, WA and regulations are not significant and management measures announced in (46°38’10’’ N. lat.), the quota for fall within the scope of the 1995 the Federal Register. Halibut landing landings into ports in this area is 15,222 Environmental Assessment/Regulatory restrictions for the salmon troll fishery lb (6.9 mt). Impact Review prepared by the Council, will be based on the expected number (A) The fishing season commences on which also applies to this action. The of incidental harvest permits, halibut May 1 and continues every day until Assistant General Counsel for allocation and other pertinent 1,000 lb (0.45 mt) are projected to Legislation and Regulation has certified information, and may include landing remain in the subarea quota of 15,222 lb to the Chief Counsel for Advocacy of the ratios, landing limits, or other means to (6.9 mt). Immediately following the this Small Business Administration that this control the rate of halibut harvest. closure, the area from the Queets River proposed rule, if adopted, would not Inseason changes to the halibut landing south to 47°00’00’’ N. lat. and east of have a significant economic impact on restrictions will be announced in 124°40’00’’ W. long. will reopen for 7 a substantial number of small entities. accordance with § 301.21(d)(3)(iii). days per week until either 15,222 lb (6.9 As a result, regulatory flexibility * * * * * mt) are estimated to have been taken analysis was not prepared. 4. In § 301.21, paragraphs (d)(2)(i) through (d)(2)(vii) are revised to read as and the season is closed by the This action has been determined to be follows: Commission, or until September 30, not significant for purposes of E.O. whichever occurs first. 12866. § 301.21 Sport fishing for halibut. (B) The daily bag limit is one halibut List of Subjects in 50 CFR Part 301 * * * * * of any size per day per person. (d) * * * (C) The northern offshore portion of Fisheries, Fishing, Reporting and (2) * * * this area west of 124°40’00’’ W. long. recordkeeping requirements, Treaties. (i) In Puget Sound and the U.S. waters and north of 47°10’00’’ N. lat. is closed Dated: January 22, 1996. in the Strait of Juan de Fuca, east of a to sport fishing for halibut. Gary Matlock, line from the lighthouse on Bonilla (iv) In the area between Leadbetter Point on Vancouver Island, British Point, WA and Cape Falcon, OR Program Management Officer, National ° ° ° Marine Fisheries Service. Columbia (48 35’44’’ N. lat., 124 43’00’’ (45 46’00’’ N. lat.), the quota for W. long.) to the buoy adjacent to Duntze landings into ports in this area is 4,617 For the reasons set out in the Rock (48°24’55’’ N. lat., 124°44’50’’ W. lb (2.1 mt). preamble, 50 CFR part 301 is proposed long.) to Tatoosh Island lighthouse (A) The fishing season commences on to be amended as follows: (48°23’30’’ N. lat., 124°44’00’’ W. long.) May 1, and continues every day through to Cape Flattery (48°22’55’’ N. lat., September 30, or until 4,617 lb (2.1 mt) PART 301ÐPACIFIC HALIBUT ° FISHERIES 124 43’42’’ W. long.), there is no quota. are estimated to have been taken and the This area is managed by setting a season area is closed by the Commission, 1. The authority citation for part 301 that is projected to result in a catch of whichever occurs first. continues to read as follows: 34,653 lb (15.7 mt). (B) The daily bag limit is one halibut (A) The fishing season is May 25 with a minimum overall size limit of 32 Authority: 5 UST 5; TIAS 2900; 16 U.S.C. 773–773k. through July 22, 5 days a week (closed inches (81.3 cm). Tuesdays and Wednesdays). (v) In the area off Oregon between 2. In § 301.3, paragraph (h) is revised (B) The daily bag limit is one halibut Cape Falcon and the Siuslaw River at to read as follows: of any size per day per person. the Florence north jetty (44°01’08’’ N. 2786 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules lat.), the quota for landings into ports in subareas described in paragraphs Council’s Salmon Advisory Sub-Panel, this area is 94,694 lb (43 mt). (d)(2)(v) and (vi) of this section totaling and Council staff. (A) The fishing seasons are: 102,193 lb (46.4 mt) are estimated to (B) Notice and effectiveness of (1) Commencing May 16, and have been taken and the area is closed inseason adjustments will be made by continuing 3 days a week (Thursday by the Commission, whichever is NMFS in accordance with through Saturday) until 64,392 lb (29.2 earlier. § 301.21(d)(3)(iii) and (iv). mt) are estimated to have been taken (B) The daily bag limit is two halibut, (iii) If the quota for this fishery is not and the season is closed by the one with a minimum overall size limit harvested during the May/June salmon Commission; of 32 inches (81.3 cm) and the second troll fishery, the remaining quota will be (2) Commencing the day following the with a minimum overall size limit of 50 made available by the Commission to closure of the season in paragraph inches (127.0 cm). the directed halibut fishery on July 1. (d)(2)(v)(A)(1) of this section, and (vii) In the area off the California (iv) If the quota for the non-Indian continuing every day through August 1, coast, there is no quota. This area is commercial fisheries specified at in the area inside the 30–fathom (55 m) managed on a season that is projected to paragraph (e) of this section has not curve nearest to the coastline as plotted result in a catch of less than 2,785 lb been harvested by July 31 and the quota on National Ocean Service charts (1.3 mt). for the salmon troll fishery was not numbered 18520, 18580, and 18600, or (A) The fishing season will commence harvested during the May/June fishery, until 6,629 lb (3.0 mt) or the subarea on May 1, and continue every day landings of halibut caught incidentally quota is estimated to have been taken through September 30. during salmon troll fisheries will be (except that any poundage remaining (B) The daily bag limit is one halibut allowed effective August 1 and will unharvested after the earlier season will with a minimum overall size limit of 32 continue until the quota for the troll be added to this season) and the season inches (81.3 cm). fishery is taken or the overall non- is closed by the Commission, whichever * * * * * Indian commercial quota is estimated to is earlier; and 5. In § 301.23, paragraphs (e)(1), (e)(3) have been achieved by the Commission. (3) Commencing August 2, and Landing restrictions implemented for continuing 2 days a week (Friday and and (f)(1)(i), (f)(1)(iii),(f)(1)(v), and (f)(1)(vi) are revised to read as follows: the May/June salmon troll fishery will Saturday) through September 30, or apply to this reopening of the fishery. until the combined quotas for the § 301.23 Catch sharing plan for Area 2A. (v) A salmon troller may participate in subareas described in paragraphs * * * * * this fishery or in the directed (d)(2)(v) and (vi) of this section totaling (e) * * * commercial fishery targeting halibut, 102,193 lb (46.4 mt) are estimated to (1) Incidental halibut catch in the but not in both. have been taken and the area is closed salmon troll fishery. Fifteen percent of * * * * * by the Commission, whichever is the non-Indian commercial fishery (3) Commercial license restrictions/ earlier. (B) The daily bag limit is two halibut, allocation is allocated to the salmon declarations. Commercial fishers must one with a minimum overall size limit troll fishery in Area 2A as an incidental choose either to operate in the directed of 32 inches (81.3 cm) and the second catch during salmon fisheries. The commercial fishery in Area 2A, or to with a minimum overall size limit of 50 quota for this incidental catch fishery is retain halibut caught incidentally inches (127.0 cm). 3.1 percent of the Area 2A TAC. during the salmon troll fishery. (vi) In the area off Oregon between the (i) The Council will recommend Commercial fishers operating in the Siuslaw River at the Florence north jetty landing restrictions at its spring public directed halibut fishery must send their and the California border (42°00’00’’ N. meeting each year to control the amount license application to the Commission lat.), the quota for landings into ports in of halibut caught incidentally in the postmarked no later than April 30 in this area is 7,499 lb (3.4 mt). troll fishery. The landing restrictions order to obtain a license to fish for (A) The fishing seasons are: will be based on the number of halibut in Area 2A. Commercial fishers (1) Commencing May 16 and incidental harvest license applications operating in the salmon troll fishery continuing 3 days a week (Thursday submitted to the Commission, halibut who seek to retain incidentally caught through Saturday) until 5,999 lb (2.7 mt) catch rates, the amount of allocation, halibut must send their application for are estimated to have been taken and the and other pertinent factors, and may a license to the Commission for the season is closed by the Commission; include catch or landing ratios, landing incidental catch of halibut in Area 2A (2) Commencing the day following the limits, or other means to control the rate postmarked no later than March 31, or closure of the season in paragraph of halibut harvest. NMFS will publish the first weekday in April, if March 31 (d)(2)(vi)(A)(1) of this section, and the landing restrictions annually in the falls on a weekend. Fishing vessel continuing every day through August 1, Federal Register, along with the salmon operators who are issued licenses to fish in the area inside the 30–fathom (55 m) management measures. commercially in Area 2A are prohibited curve nearest to the coastline as plotted (ii) Inseason adjustments. (A) NMFS from obtaining a Commission on National Ocean Service charts may make inseason adjustments to the charterboat license for Area 2A. Sport numbered 18520, 18580, and 18600, or landing restrictions, if requested by the fishing for halibut is prohibited from a until a total of 1,500 lb (0.7 mt) or the Council Chairman, as necessary to vessel licensed to fish commercially for area quota is estimated to have been assure that the incidental harvest rate is halibut in Area 2A. taken (except that any poundage appropriate for salmon and halibut (f) * * * remaining unharvested after the earlier availability, does not encourage target (1) * * * season will be added to this season) and fishing on halibut, and does not increase (i) Washington inside waters subarea. the season is closed by the Commission, the likelihood of exceeding the quota for This sport fishery subarea is allocated whichever is earlier; and this fishery. In determining whether to 28.0 percent of the Washington sport (3) Commencing August 2 and make such inseason adjustments, NMFS allocation, which equals 6.66 percent of continuing 2 days a week (Friday and will consult with the applicable state the Area 2A TAC. This subarea is Saturday) through September 30, or representative(s) on the Halibut defined as all U.S. waters east of the until the combined quotas for the Managers Group, a representative of the Bonilla-Tatoosh line, defined as follows: Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2787

From Bonilla Point (48°35’44’’ N. lat., at the Florence north jetty (44°01’08’’ N. subarea has three seasons as set out in 124°43’00’’ W. long.) to the buoy lat.) and is allocated 88.4 percent of the paragraphs (f)(1)(vi)(A) through (C) of adjacent to Duntze Rock (48°24’55’’ N. Oregon/California sport allocation, this section. The Council will lat., 124°44’50’’ W. long.) to Tatoosh which is 18.21 percent of the Area 2A recommend opening dates for these Island lighthouse (48°23’30’’ N. lat., TAC. If the Area 2A TAC is below seasons annually at its fall public 124°44’00’’ W. long.) to Cape Flattery 388,350 lb (176.2 mt), this sport fishery meeting. The daily bag limit for all (48°22’55’’ N. lat., 124°43’42’’ W. long.), subarea extends from Cape Falcon to the seasons is two halibut per person, one including Puget Sound. The structuring California border and is allocated 95.4 with a minimum 32–inch (81.3 cm) size objective for this subarea is to provide percent of the Oregon/California sport limit and the second with a minimum a stable sport fishing opportunity and allocation. The structuring objectives for 50–inch (127.0 cm) size limit. maximize the season length. Due to this subarea are to provide one or two (A) The first season is an all-depth inability to monitor the catch in this periods of fishing opportunity in fishery that begins in May and area inseason, a fixed season will be productive deeper water areas along the continues at least 3 days per week established preseason based on coast, principally for charter and larger (dependent on TAC) and continues at projected catch per day and number of private boat anglers, and provide a least 3 days per week until 80 percent days to achievement of the quota. No period of fishing opportunity in of the subarea quota is taken. inseason adjustments will be made, and nearshore waters for small boat anglers. (B) The second season opens the day estimates of actual catch will be made Any poundage remaining in this subarea following closure of the first season, postseason. The fishery will open in quota from earlier seasons will be added only in waters inside the 30–fathom (55 May and continue at least through July to the last season in this subarea. This m) curve, and continues every day until 4, or until a date established preseason subarea has three seasons as set out in the subarea quota is estimated to have (and published in the sport fishery paragraphs (f)(1)(v)(A) through (C) of been taken, or early August, whichever regulations) when the quota is predicted this section. The Council will is earlier. to be taken, or until September 30, recommend opening dates for these (C) The last season begins in early whichever is earlier. The Washington seasons annually at its fall public August, with no depth restrictions, and Department of Fish and Wildlife will meeting. The daily bag limit for all continues at least 3 days per week, until sponsor a public workshop shortly after seasons is two halibut per person, one the combined Oregon subarea quotas the IPHC annual meeting to develop with a minimum 32–inch (81.3 cm) size south of Falcon are estimated to have recommendations to NMFS on the limit and the second with a minimum been taken, or September 30, whichever opening date and weekly structure of 50–inch (127.0 cm) size limit. is earlier. the fishery each year. The daily bag (A) The first season is an all-depth fishery that begins in May and * * * * * limit is one fish per person, with no size [FR Doc. 96–1483 Filed 1–24–96; 2:02 pm] limit. continues at least 3 days per week (dependent on TAC) until 68 percent of BILLING CODE 3510±22±F * * * * * the subarea quota is taken. (iii) Washington south coast subarea. (B) The second season opens the day This sport fishery subarea is allocated following closure of the first season, 50 CFR Parts 611 and 655 12.3 percent of the Washington sport only in waters inside the 30–fathom (55 allocation, which equals 2.93 percent of m) curve, and continues every day until [Docket No. 951208293±5293±01; I.D. the Area 2A TAC. This subarea is 7 percent of the subarea quota is taken, 110995B] defined as waters south of the Queets or until early August, whichever is River (47°31’42’’ N. lat.) and north of ° earlier. RIN 0648±AF01 Leadbetter Point (46 38’10’’ N. lat.). The (C) The last season begins in early structuring objective for this subarea is August, with no depth restrictions, and Atlantic Mackerel, Squid, and to maximize the season length, while continues at least 2 days per week, until Butterfish Fisheries; Amendment 5; providing for a limited halibut fishery. the combined Oregon subarea quotas Correction The fishery opens on May 1, for 7 days south of Falcon are estimated to have AGENCY: per week and continues until 1,000 lb been taken, or September 30, whichever National Marine Fisheries (.45 mt) are projected to remain in the is earlier. Service (NMFS), National Oceanic and subarea quota. Immediately following (vi) Oregon south coast subarea. If the Atmospheric Administration (NOAA), this closure, the area from the Queets Area 2A TAC is 388,350 lb (176.2 mt) Commerce. River south to 47°00’00’’ N. lat. and east and above, this subarea extends from ACTION: Correction to proposed of 124°40’00’’ W. long. will reopen for the Siuslaw River at the Florence north regulation. 7 days per week until either the subarea jetty (44°01’08’’ N. lat.) to the California quota is estimated to have been taken border (42°00’00’’ N. lat.) and is SUMMARY: This document contains and the season is closed by the allocated 7.0 percent of the Oregon/ corrections to proposed regulation (I.D. Commission, or until September 30, California sport allocation, which is 110995B), which was published whichever occurs first. The daily bag 1.44 percent of the Area 2A TAC. If the Wednesday, December 20, 1995 (60 FR limit is one halibut per person, with no Area 2A TAC is below 388,350 lb (176.2 65618). The proposed regulation would size limit. Sport fishing for halibut is mt), this subarea will be included in the implement Amendment 5 to the Fishery prohibited in the area south of the Oregon Central sport fishery subarea. Management Plan for the Atlantic Queets River (47°31’42’’ N. lat.), west of The structuring objective for this Mackerel, Squid, and Butterfish 124°40’00’’ W. long. and north of subarea is to create a south coast Fisheries (FMP). 47°10’00’’ N. lat. management zone designed to DATES: Comments on the proposed rule * * * * * accommodate the needs of both must be received on or before January (v) Oregon central coast subarea. If charterboat and private boat anglers in 29, 1996. the Area 2A TAC is 388,350 lb (176.2 this area where weather and bar FOR FURTHER INFORMATION CONTACT: mt) and above, this subarea extends crossing conditions very often do not Myles Raizin, Fishery Policy Analyst, from Cape Falcon to the Siuslaw River allow scheduled fishing trips. This 508–281–9104. 2788 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

SUPPLEMENTARY INFORMATION: Need for Correction As published in the proposed rule to implement Amendment 5 to the FMP, the portion of the ‘‘Classification’’ section containing response time for collection-of-information requirements inadvertently did not contain the estimated time it would take for vessel owners to address logbook requirements. Correction of Publication Accordingly, the publication on December 20, 1995, of the proposed rule (I.D. 110995B) for Amendment 5, which was the subject of FR Doc. 95–30821, is corrected as follows: On page 65621, under the Classification section, in the third column the first complete paragraph, the last sentence is corrected to read: ‘‘The response times for these requirements is estimated to be: 30 minutes per response for vessel permits and vessel permit appeals; 1 hour per response for operator permits; 5 minutes per response for dealer permits; 5 minutes per response for vessel logbooks; and 2 minutes per response for the observer notification requirement.’’ Dated: January 23, 1996. Gary Matlock, Program Management Officer, National Marine Fisheries Service. [FR Doc. 96–1482 Filed 1–26–96; 8:45 am] BILLING CODE 3510±22±F 2789

Notices Federal Register Vol. 61, No. 19

Monday, January 29, 1996

This section of the FEDERAL REGISTER call in advance of visiting at (202) 690– endotoxin insecticidal protein known to contains documents other than rules or 2817. be effective against certain lepidopteran proposed rules that are applicable to the FOR FURTHER INFORMATION CONTACT: Dr. insects, including ECB. Corn line Bt11 public. Notices of hearings and investigations, Subhash Gupta, Biotechnologist, also contains the pat gene isolated from committee meetings, agency decisions and Streptomyces viridochromogenes that rulings, delegations of authority, filing of Biotechnology Permits, BBEP, APHIS, petitions and applications and agency 4700 River Road Unit 147, Riverdale, encodes a selectable marker, the statements of organization and functions are MD 20737–1237; (301) 734–7612. To phosphinothricin-N-acetyltransferase examples of documents appearing in this obtain a copy of the determination or (PAT) enzyme. When introduced into section. the environmental assessment and the plant cell, the PAT enzyme can finding of no significant impact, contact inactivate glufosinate herbicides. Ms. Kay Peterson at (301) 734–7612. Expression of the introduced genes is DEPARTMENT OF AGRICULTURE controlled by the 35S promoter derived SUPPLEMENTARY INFORMATION: from the plant pathogen cauliflower Animal and Plant Health Inspection Background mosaic virus and a NOS terminator Service On July 14, 1995, the Animal and derived from the nopaline synthase gene Plant Health Inspection Service (APHIS) of Agrobacterium tumefaciens. [Docket No. 95±067±2] received a petition (APHIS Petition No. Corn line Bt11 has been considered a 95–195–01p) from the Northrup King regulated article under APHIS’ Northrup King Co.; Availability of Company (Northrup King) of Golden regulations in 7 CFR part 340 because it Determination of Nonregulated Status Valley, MN, seeking a determination contains regulatory gene sequences for Corn Line Genetically Engineered that a corn line designated as Bt11 that derived from plant pathogens. However, for Insect Resistance has been genetically engineered for evaluation of field data reports from field tests of the subject corn line AGENCY: Animal and Plant Health resistance to the European corn borer conducted under APHIS permits or Inspection Service, USDA. (ECB) does not present a plant pest risk notifications since 1992 indicates that ACTION: Notice. and, therefore, is not a regulated article under APHIS’ regulations in 7 CFR part there were no deleterious effects on plants, nontarget organisms, or the SUMMARY: We are advising the public of 340. environment as a result of the subject our determination that a corn line On September 7, 1995, APHIS corn plants’ release into the developed by the Northrup King published a notice in the Federal environment. Company designated as Bt11 that has Register (60 FR 46573–46574, Docket been genetically engineered for insect No. 95–067–1) announcing that the Determination Northrup King petition had been resistance is no longer considered a Based on its analysis of the data regulated article under our regulations received and was available for public review. The notice also discussed the submitted by Northrup King and a governing the introduction of certain review of other scientific data, genetically engineered organisms. Our role of APHIS, the Environmental Protection Agency, and the Food and comments received, and field tests of determination is based on our the subject corn line, APHIS has evaluation of data submitted by the Drug Administration in regulating the subject corn line and food products determined that corn line Bt11: (1) Northrup King Company in its petition Exhibits no plant pathogenic properties; for a determination of nonregulated derived from it. In the notice, APHIS solicited written comments from the (2) is no more likely to become a weed status, an analysis of other scientific than corn developed by traditional data, and our review of comments public as to whether the subject corn line posed a plant pest risk. The breeding techniques; (3) is unlikely to received from the public in response to increase the weediness potential for any a previous notice announcing our comments were to have been received by APHIS on or before November 6, other cultivated or wild species with receipt of the Northrup King Company’s which it can interbreed; (4) should not petition. This notice also announces the 1995. APHIS received a total of 106 cause damage to raw or processed availability of our written determination agricultural commodities; (5) will not document and its associated comments on the subject petition during the designated 60-day comment period harm other organisms, including environmental assessment and finding agriculturally beneficial organisms and of no significant impact. from seed companies, individuals, farmers and farm seed dealers, threatened and endangered species; and EFFECTIVE DATE: January 18, 1996. agricultural products companies, State (6) should not reduce the ability to ADDRESSES: The determination, an departments of agriculture, an control insects in corn and other crops. environmental assessment and finding agricultural council, a growers Therefore, APHIS has concluded that of no significant impact, the petition, association, and a university. All of the corn line Bt11 and any progeny derived and all written comments received comments were favorable to the from hybrid crosses with other regarding the petition may be inspected petition. nontransformed corn varieties will be at USDA, room 1141, South Building, just as safe to grow as traditionally bred 14th Street and Independence Avenue Analysis corn lines that are not regulated under SW., Washington, DC, between 8 a.m. Corn line Bt11 has been genetically 7 CFR part 340. and 4:30 p.m., Monday through Friday, engineered to contain the cryIA(b) gene The effect of this determination is that except holidays. Persons wishing to from Bacillus thuringiensis subsp. a corn line designated as Bt11 is no inspect those documents are asked to kurstaki (Btk), which expresses a delta- longer considered a regulated article 2790 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices under APHIS’ regulations in 7 CFR part administered by the Farm Service ACTION: Notice of availability of report. 340. Therefore, the notification Agency (FSA). SUMMARY: The Food Safety and requirements pertaining to regulated DATES: The meeting is scheduled for articles under those regulations no February 29, 1996. Inspection Service (FSIS) is announcing the availability of the report, longer apply to the field testing, ADDRESSES: The meeting will be held at ‘‘Nutritional Labeling/Safe Handling importation, or interstate movement of United States Department of Agriculture Information Study, Raw Meat and corn line Bt11 or its progeny. However, (USDA), South Building, room 5066, at Poultry.’’ This report summarizes the importation of the subject corn line 14th and Independence Avenue, SW, survey data on actions taken by food or seeds capable of propagation is still Washington, DC. subject to the restrictions found in retailers to provide consumers with FOR FURTHER INFORMATION CONTACT: nutrition information and safe handling APHIS’ foreign quarantine notices in 7 Cheryl Zavodny, FSA, USDA, P.O. Box CFR part 319. instructions on raw meat and poultry 2415, room 4768, South Building, products. Washington, DC, 20013–2415, telephone National Environmental Policy Act DATES: 202–720–7333. Comments may be submitted at any time. An environmental assessment (EA) SUPPLEMENTARY INFORMATION: The has been prepared to examine the National Conservation Review Group ADDRESSES: Submit written comments potential environmental impacts meeting will be held from 9 a.m. to 3 and requests for single copies of the associated with this determination. The p.m. on February 29, 1996, at the USDA report to: Charles R. Edwards, Director, EA was prepared in accordance with: (1) South Building, room 5066, 14th and Product Assessment Division, The National Environmental Policy Act Independence Avenue, SW, Regulatory Programs, Food Safety and of 1969 (NEPA) (42 U.S.C. 4321 et seq.), Washington, DC. Meeting sessions will Inspection Service, U.S. Department of (2) Regulations of the Council on Agriculture, Washington, DC 20250, be open to the public. # Environmental Quality for The agenda will include Docket 95–053N. Send a self- implementing the procedural provisions consideration of State and County addressed, adhesive mailing label to of NEPA (40 CFR parts 1500–1508), (3) Conservation Review Group assist the office in processing requests USDA regulations implementing NEPA recommendations for changes in the for copies. (7 CFR part 1b), and (4) APHIS’ NEPA administrative procedures and policy FOR FURTHER INFORMATION CONTACT: Implementing Procedures (7 CFR part guidelines of the ACP, CRP, and ECP. Charles R. Edwards, Director, Product 372; 60 FR 6000–6005, February 1, An opportunity will be provided for the Assessment Division, Regulatory 1995). Based on that EA, APHIS has public to present comments at the Programs, Food Safety and Inspection reached a finding of no significant meeting on these conservation and Service, U.S. Department of Agriculture, impact (FONSI) with regard to its environmental programs administered Washington, DC 20250, (202) 254–2565. determination that corn line Bt11 and by FSA. SUPPLEMENTARY INFORMATION: On lines developed from it are no longer Because of time constraints and January 6, 1993, FSIS published a final regulated articles under its regulations anticipated participation from interested rule, ‘‘Nutrition Labeling of Meat and in 7 CFR part 340. Copies of the EA and individuals and groups, comments will Poultry Products,’’ (58 FR 632) that, in the FONSI are available upon request be limited to not more than 5 minutes. part, established a voluntary nutrition from the individual listed under FOR Individuals or groups interested in labeling program for single-ingredient, FURTHER INFORMATION CONTACT. making recommendations may also raw meat and poultry products. Done in Washington, DC, this 22nd day of make them in writing and submit them To determine if significant numbers of January 1996. by February 15, 1996, to Cheryl food retailers were participating in the Terry L. Medley, Zavodny, FSA, USDA, P.O. Box 2415, voluntary nutrition labeling program Acting Administrator, Animal and Plant room 4768–S, Washington, DC 20013– and were providing nutrition labeling Health Inspection Service. 2415. The meeting may also include for single-ingredient, raw meat and [FR Doc. 96–1507 Filed 1–26–96; 8:45 am] discussion of current procedures, poultry products, FSIS contracted with BILLING CODE 3410±34±P criteria, and guidelines relevant to the National Retail Tracking Index, Inc. implementation of these programs. (NRTI) to collect this data. The survey Because of limited space, persons showed that of the nearly 2,000 grocery Farm Service Agency desiring to attend the meeting should stores surveyed nationwide, 66.5 call Cheryl Zavodny at 202–720–7333 to percent were providing nutrition National Conservation Review Group; make reservations. information in accordance with the Meeting Signed at Washington, DC, on January 22, voluntary nutrition labeling program 1996. guidelines. When the results are AGENCY: Farm Service Agency. Grant Buntrock, weighted by the stores’ annual sales ACTION: Notice of meeting. Administrator, Farm Service Agency. volumes, the participation level rose to [FR Doc. 96–1480 Filed 1–26–96; 8:45 am] 72.2 percent, comfortably exceeding the SUMMARY: The National Conservation BILLING CODE 3410±05±P target goal of 60 percent. Review Group will meet to consider FSIS will continue to assess retailer recommendations from State and participation in the program every two County Conservation Review Groups Food Safety and Inspection Service years. If significant participation by food with respect to the operational features retailers exists, that is, at least 60 of the Agricultural Conservation [Docket No. 95±053N] percent of all stores that are evaluated Program (ACP), the Conservation Nutritional Labeling/Safe Handling are participating in accordance with the Reserve Program (CRP), and the Information Study, Raw Meat and guidelines, the voluntary nutrition Emergency Conservation Program (ECP). Poultry; Availability labeling program will remain in effect. Comments and suggestions will be On March 28, 1994 (59 FR 14528), received prior to the NCRG meeting AGENCY: Food and Safety and Inspection FSIS made safety handling instructions concerning the ACP, CRP, and ECP Service, USDA. mandatory on the labels of all raw meat Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2791 and poultry products. The safe handling occur in the afternoon. Time allotted for this survey to each state and the District instructions include a rationale individual presentations to the of Columbia. statement and address the safe storage of committee will be limited to 3–5 II. Method of Collection raw product, prevention of cross minutes each. Written comments are contamination, cooking of raw product, encouraged and can be submitted prior Canvass methodology consists of a and handling of leftovers. to the meeting. questionnaire mailout/mail-back. To determine retailer compliance FOR FURTHER INFORMATION CONTACT: Responses will be screened manually, with this new mandatory rule, FSIS For more information regarding this then entered on a microcomputer. expanded the scope of the nutritional meeting, contact Neal Forrester, III. Data labeling study to include an estimate on Designated Federal Official; Willametter OMB Number: 0607–0046. the prevalence of stores that are National Forest, 211 East Seventh Form Numbers: F–5, F–5A, F–5L1, F– providing safe handling instructions for Avenue; Eugene, Oregon; 541–465– 5–L2. raw meat and poultry items packaged at 6924. the retail level. Specifically, the rule Type of Review: Regular. requires that each store have the Dated: January 22, 1996. Affected Public: State, local or tribal appropriate safe handling label affixed Darrel L. Kenops, government. to all packages of raw meat and poultry Forest Supervisor. Estimated Number of Respondents: products that it sells. NRTI found that [FR Doc. 96–1515 Filed 1–26–96; 8:45 am] 79. Estimated Time Per Response: 1.38 92.2 percent of the surveyed stores had BILLING CODE 3410±11±M safe handling instructions present on hours. every package of every item. FSIS Estimated Total Annual Burden intends to follow up with retail trade Hours: 109 hours. DEPARTMENT OF COMMERCE Estimated Total Annual Cost: The associations and retailers to increase estimated cost to the respondents is awareness that safe handling labeling at Bureau of the Census $1,640.45. The estimated cost to the the store level is mandatory and to Federal government is contained in the advise that these products are Annual Survey of State Tax Collections Surveys of Government Finance. In misbranded in the absence of such total, these cost about $3 million during labeling. ACTION: Proposed Agency Information Collection Activity; Comment Request. FY 1996. Done at Washington, DC, on January 22, 1996. SUMMARY: The Department of IV. Request for Comments Michael R. Taylor, Commerce, as part of its continuing Comments are invited on: (a) Whether Acting Under Secretary for Food Safety. effort to reduce paperwork and the proposed collection of information [FR Doc. 96–1481 Filed 1–26–96; 8:45 am] respondent burden, invites the general is necessary for the proper performance BILLING CODE 3410±DM±M public and other Federal agencies to of the functions of the agency, including take this opportunity to comment on whether the information shall have proposed and/or continuing information practical utility; (b) the accuracy of the Forest Service collections, as required by the agency’s estimate of the burden Paperwork Reduction Act of 1995, (including hours and cost) of the Willamette Provincial Interagency Public Law 104–13 (44 U.S.C. proposed collection of information; (c) Executive Committee (PIEC), Advisory 3506(c)(2)(A)). ways to enhance the quality, utility, and Committee DATES: Written comments must be clarity of the information to be AGENCY: Forest Service, USDA. submitted on or before March 29, 1996. collected; and (d) ways to minimize the ACTION: Notice of meeting. ADDRESSES: Direct all written comments burden of the collection of information to Margaret Woody, Department of on respondents, including through the SUMMARY: The Willamette PIEC Commerce, Room 5327, 14th and use of automated collection techniques Advisory Committee will meet on Constitution Avenue, NW, Washington, or other forms of information Thursday, February 15, 1996. The DC 20230. technology. meeting will be in the Old Resources Comments submitted in response to Conference Room, at USDA Forest FOR FURTHER INFORMATION CONTACT: this notice will be summarized and/or Service; Siuslaw National Forest; 4077 Requests for additional information or included in the request for OMB Research Way; Corvallis, Oregon; phone copies of the information collection approval of this information collection; (541) 750–7000; located in the Siuslaw instrument(s) and instructions should they also will become a matter of public NF Supervisor’s Office. The meeting is be directed to Henry S. Wulf, Bureau of record. scheduled to begin at 9:00 a.m. and the Census, Governments Division, Washington, DC 20233–6800, (301)- Dated: January 23, 1996. conclude at approximately 4:00 p.m. Margaret L. Woody, Topics tentatively scheduled on the 457–1523. Office of Management and Organization. agenda include: (1) Forest Health SUPPLEMENTARY INFORMATION Proposal from the Klamath Province, (2) [FR Doc. 96–1493 Filed 1–26–96; 8:45 am] I. Abstract Province Timber Sale Monitoring, (3) BILLING CODE 3510±07±P Province committee appointments, (4) State tax collection data are a key Use of Federal Funds for habitat component of the national income Bureau of Export Administration restoration on private lands, (5) Group accounts maintained by the Department information sharing. of Commerce, are used in long Transportation and Related Equipment The meeting is open to the public and established Census Bureau reports in Technical Advisory Committee; Notice opportunity will be available to address the government finance series, and of Partially Closed Meeting the Advisory Committee during a public provide important information to forum. The public forum will follow the officials and researchers in the analysis A meeting of the Transportation and agenda topics mentioned above and will of state government finances. We mail Related Equipment Technical Advisory 2792 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

Committee will be held February 20, public meetings found in section administrative review of the 1996, 9:00 a.m., in the Herbert C. 10(a)(1) and (a)(3), of the federal antidumping duty order on certain cut- Hoover Building, Room 1617M(2), 14th Advisory Committee Act. The remaining to-length carbon steel plate from Street between Constitution & series of meetings or portions thereof Finland (58 FR 44165, August 19, 1993). Pennsylvania Avenues, N.W., will be open to the public. The Department has now completed this Washington, D.C. The Committee A copy of the Notice of Determination administrative review in accordance advises the Office of the Assistant to close meetings or portions of with section 751 of the Tariff Act of Secretary for Export Administration meetings of the Committee is available 1930, as amended (the Act). with respect to technical questions that for public inspection and copying in the Applicable Statute and Regulations affect the level of export controls Central Reference and Records applicable to transportation and related Inspection Facility, Room 6020, U.S. Unless otherwise stated, all citations equipment or technology. Department of Commerce, Washington, to the statute and to the Department’s D.C. For further information or copies of regulations are references to the Public Session the minutes call (202) 482–2583. provisions as they existed on December 1. Opening remarks by the Chairman. Dated: January 23, 1996. 31, 1994. 2. Presentation of public papers or Lee Ann Carpenter, comments. Scope of This Review 3. Review of status of New Forum Director, Technical Advisory Committee Unit. [FR Doc. 96–1449 Filed 1–26–96; 8:45 am] The products covered by this negotiations. administrative review constitute one BILLING CODE 3510±DT±M 4. Report on status of Export ‘‘class or kind’’ of merchandise: certain Administration Regulations (EAR) cut-to-length carbon steel plate. These reform and changes that impact International Trade Administration products include hot-rolled carbon steel aerospace industry. universal mill plates (i.e., flat-rolled 5. Update on status of interagency [A±405±802] products rolled on four faces or in a satellite and gas turbine engine closed box pass, of a width exceeding jurisdiction discussions. Certain Cut-To-Length Carbon Steel 150 millimeters but not exceeding 1,250 6. Report on licensing issues that Plate From Finland: Final Results of millimeters and of a thickness of not impact support of U.S. origin systems. Antidumping Duty Administrative 7. Update on status of Missile Review less than 4 millimeters, not in coils and Technology Control Regime. without patterns in relief), of AGENCY: 8. Review of Executive Order for the Import Administration, rectangular shape, neither clad, plated Administration of Export Controls. International Trade Administration, nor coated with metal, whether or not Department of Commerce. painted, varnished, or coated with Closed Session ACTION: Notice of Final Results of plastics or other nonmetallic substances; 9. Discussion of matters properly Antidumping Duty Administrative and certain hot-rolled carbon steel flat- classified under Executive Order 12958, Review. rolled products in straight lengths, of dealing with the U.S. export control rectangular shape, hot rolled, neither SUMMARY: On July 18, 1995, the program and strategic criteria related clad, plated, nor coated with metal, Department of Commerce (the thereto. whether or not painted, varnished, or Department) published the preliminary The General Session of the meeting coated with plastics or other results of the administrative review of will be open to the public and a limited nonmetallic substances, 4.75 the antidumping duty order on certain number of seats will be available. To the millimeters or more in thickness and of cut-to-length carbon steel plate from extent time permits, members of the a width which exceeds 150 millimeters Finland. This review covers one public may present oral statements to and measures at least twice the manufacturer/exporter of the subject the Committee. Written statements may thickness, as currently classifiable in the merchandise to the United States during be submitted at any time before or after Harmonized Tariff Schedule (HTS) the period of review (POR), February 4, the meeting. However, to facilitate under item numbers 7208.31.0000, 1993, through July 31, 1994. We gave distribution of public presentation 7208.32.0000, 7208.33.1000, interested parties an opportunity to materials to Committee members, the 7208.33.5000, 7208.41.0000, comment on our preliminary results. Committee suggests that you forward 7208.42.0000, 7208.43.0000, Based on our analysis of the comments your public presentation materials two 7208.90.0000, 7210.70.3000, received, we have changed the results weeks prior to the meeting to the 7210.90.9000, 7211.11.0000, from those presented in the preliminary following address: Ms. Lee Ann 7211.12.0000, 7211.21.0000, results of review. Carpenter, TAC Unit/OAS/EA, Room 7211.22.0045, 7211.90.0000, 3886C, Bureau of Export EFFECTIVE DATE: January 29, 1996. 7212.40.1000, 7212.40.5000, and Administration, U.S. Department of FOR FURTHER INFORMATION CONTACT: 7212.50.0000. Included are flat-rolled Commerce, Washington, D.C. 20230. Nancy Decker or Robin Gray, Office of products of nonrectangular cross-section The Assistant Secretary for Agreements Compliance, Import where such cross-section is achieved Administration, with the concurrence of Administration, International Trade subsequent to the rolling process (i.e., the delegate of the General Counsel, Administration, U.S. Department of products which have been ‘‘worked formally determined on December 22, Commerce, 14th Street and Constitution after rolling’’)—for example, products 1994, pursuant to section 10(d) of the Avenue, N.W., Washington, D.C. 20230; which have been beveled or rounded at Federal Advisory Committee Act, as telephone: (202) 482–3793. the edges. Excluded is grade X–70 plate. These HTS item numbers are provided amended, that the series of meetings or SUPPLEMENTARY INFORMATION: portions of meetings of the Committee for convenience and Customs purposes. and of any Subcommittee thereof, Background The written description remains dealing with the classified materials On July 18, 1995, the Department dispositive. listed in 5 U.S.C. 552(c)(1) shall be published in the Federal Register (60 The POR is February 4, 1993, through exempt from the provisions relating to FR 36776) the preliminary results of the July 31, 1994. This review covers entries Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2793 of certain cut-to-length carbon steel Implementation of Article VI of the must assign BIA to those unreported plate by Rautaruukki Oy (Rautaruukki). General Agreement on Tariffs and expenses. The Department should Trade. Second, the URAA explicitly follow its standard practice and assume Consumption Tax Methodology amended the antidumping law to all of Finnsteel’s expenses were direct In light of the Federal Circuit’s remove consumption taxes from the expenses. Since Finnsteel’s selling decision in Federal Mogul v. United home market price and to eliminate the expenses were either not reported or not States, CAFC No. 94–1097, the addition of taxes to U.S. price, so that reported separately, the Department Department has changed its treatment of no consumption tax is included in the should use the reported indirect selling home market consumption taxes. Where price in either market. The Statement of expense as BIA for direct selling merchandise exported to the United Administrative Action (p. 159) expenses. States is exempt from the consumption explicitly states that this change was Respondent counters that there is no tax, the Department will add to the U.S. intended to result in tax neutrality. evidence on the record that Finnsteel is price the absolute amount of such taxes While the ‘‘Zenith footnote 4’’ actively involved in the sales of the charged on the comparison sales in the methodology is slightly different from subject merchandise in this home market. This is the same the URAA methodology, in that section administrative review. Rautaruukki methodology that the Department 772(d)(1)(C) of the pre-URAA law explained in its response that its U.S. adopted following the decision of the required that the tax be added to United sales during the POR were made Federal Circuit in Zenith v. United States price rather than subtracted from directly from Rautaruukki’s Raahe Steel States, 988 F. 2d 1573, 1582 (1993), and home market price, it does result in tax- Works to the unrelated customer. which was suggested by that court in neutral duty assessments. In sum, the Respondent notes the verification report footnote 4 of its decision. The Court of Department has elected to treat states that Rautaruukki reported that it International Trade (CIT) overturned consumption taxes in a manner handled all of the transactions and all this methodology in Federal Mogul v. consistent with its longstanding policy activity related to the sale of subject United States, 834 F. Supp. 1391 (1993), of tax-neutrality and with the GATT. merchandise from Finland. Respondent and the Department acquiesced in the also notes that the Department also CIT’s decision. The Department then Analysis of Comments Received found that all documentation examined followed the CIT’s preferred We gave interested parties an at verification only listed Rautaruukki methodology, which was to calculate opportunity to comment on the and the U.S. customer. Also, the the tax to be added to U.S. price by preliminary results. We received case multiplying the adjusted U.S. price by and rebuttal briefs from Rautaruukki unrelated U.S. customer submitted a the foreign market tax rate; the (the respondent) and petitioners. sworn affidavit confirming that it Department made adjustments to this Petitioners requested a public hearing purchased the subject merchandise amount so that the tax adjustment but subsequently withdrew their request directly from Rautaruukki during the would not alter a ‘‘zero’’ pre-tax for a hearing. Therefore, no hearing was POR. Respondent notes that although dumping assessment. held. Finnsteel acted as a ‘‘communications The foreign exporters in the Federal Comment 1: Petitioners argue that link’’ for sales of subject merchandise Mogul case, however, appealed that best information available (BIA) must be during the POR, Finnsteel’s role did not decision to the Federal Circuit, which used for Finnsteel’s costs. According to rise to the level of active participation reversed the CIT and held that the petitioners, Rautaruukki admitted that in the sales process to warrant treating statute did not preclude Commerce from Finnsteel, its U.S. selling subsidiary, the U.S. sales as exporter’s sales price using the ‘‘Zenith footnote 4’’ was involved in the U.S. sales of subject (ESP) transactions. Respondent argues methodology to calculate tax-neutral merchandise. Petitioners claim that that the record in this administrative dumping assessments (i.e., assessments nonetheless Rautaruukki failed to report review clearly demonstrates that that are unaffected by the existence or any of Finnsteel’s costs on sales of Finnsteel acted only as a amount of home market consumption subject merchandise. Although communications link with the unrelated taxes). Moreover, the Federal Circuit Rautaruukki subsequently claimed that customer. Therefore, the U.S. sales in recognized that certain international Finnsteel is not actively involved in the this administrative review were agreements of the United States, in sales to the U.S. of the subject purchase price, and no further particular the General Agreement on merchandise, petitioners note adjustment is warranted. Tariffs and Trade (GATT) and the Tokyo Rautaruukki could not substantiate its Department’s Position: We agree with Round Antidumping Code, required the claim at verification. Petitioners argue respondent. Respondent reported that calculation of tax-neutral dumping that the Department failed to include normally transactions are handled assessments. The Federal Circuit Finnsteel’s costs in calculating the through Finnsteel; however, sales of remanded the case to the CIT with preliminary results. Petitioners contend subject merchandise made to the U.S. instructions to direct Commerce to that expenses were incurred by during the POR were exclusively determine which tax methodology it Finnsteel as a direct result of specific handled by Rautaruukki. At verification, will employ. sales. Finnsteel would not perform such we found no evidence of Finnsteel’s The Department has determined that activities absent specific sales of subject involvement in the sales of subject the ‘‘Zenith footnote 4’’ methodology merchandise. Petitioners argue that the merchandise during the POR. All should be used. First, as the Department expenses could have been tied to documents examined supported the has explained in numerous specific sales—if Rautaruukki and conclusion that Finnsteel did not administrative determinations and court Finnsteel had kept adequate records. participate in these transactions. Sales filings over the past decade, and as the Rautaruukki should have separated and were made directly from Rautaruukki to Federal Circuit has now recognized, reported Finnsteel’s direct expenses for the U.S. customer. Because of the lack Article VI of the GATT and Article 2 of these services. Since it failed to do so, of evidence of Finnsteel’s involvement, the Tokyo Round Antidumping Code the Department cannot determine which we cannot assume Finnsteel incurred required that dumping assessments be of Finnsteel’s costs are direct. Since at costs on the sales of subject tax-neutral. This requirement continues least some of Finnsteel’s costs were merchandise to the United States during under the new Agreement on direct selling expenses, the Department the POR. Therefore, the Department is 2794 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices not making a sales adjustment for standing practice of requiring G&A therefore, they represent the most Finnsteel’s costs in these final results. expenses to be reported as a percentage complete and accurate information Comment 2: Petitioners argue that the of cost of sales. Also, the G&A factor is available, and they exceed the standard Department must correct two errors in normally calculated using G&A of Furfuryl Alcohol from Thailand. the margin calculation program. Due to recorded in the company’s audited Department’s Position: We agree with one of the errors, the Department’s sales financial statements for the year that petitioners. It is our standard practice to below cost test for the preliminary most closely corresponds to the POR base G&A on an amount derived from results used a cost of manufacture (see Furfuryl Alcohol from Thailand, 60 annual audited financial statements and (COM) that was only a fraction of the FR 22557, 22560–61 (May 8, 1995)). to calculate it as a percentage of cost true COM. One line read ‘‘TOTCOM2 = Petitioners argue that Rautaruukki did rather than a per ton amount. See Final FOREX = TOTCOM1’’, while it should not use the regular methodology Determination of LTFV: Certain Hot- have read ‘‘TOTCOM2 = FOREX + accepted by the Department. It based Rolled Carbon Steel Flat Products, TOTCOM1’’. The second error occurred G&A on 1993 data and data from eight Certain Cold-Rolled Carbon Steel Flat in the calculation of home market months of 1994, and it calculated a per Products, Certain Corrosion-Resistant selling expenses for use in cost ton G&A amount. Petitioners maintain Carbon Steel Flat Products, and Certain (SELLCOP). Petitioners contend the this is erroneous in two respects. First, Cut-to-Length Carbon Steel Plate From Department failed to include certain it did not use data from the audited Canada, 58 FR 37099 (July 9, # expenses, which were reported in the financial statements (the 1994 data was 1993)(Comment 43). The fact that this other expense field, in the calculation of from an interim financial statement is an administrative review, rather than SELLCOP. which was not audited). The 1994 data an investigation, has no relevance. The Respondent argues that the constitutes the type of part-year data the 1994 data used by Rautaruukki is still Department’s margin calculation Department does not use because G&A partial year data based on unaudited program is correct. The Department gave expenses are incurred sporadically financial statements. We do not use interested parties a chance to comment throughout the fiscal year or are based partial year data because G&A expenses on the proposed programming language on estimates that are adjusted to actual are often incurred sporadically in October 1994. Petitioners submitted at year-end. Second, the calculation is a throughout the year and are often comments in that same month. The per ton G&A amount, rather than a accrued based on estimates until they petitioners’ attempt to present new factor that is a percentage of cost, as are adjusted to actual at year-end. It is comments regarding the Department’s required by the questionnaire and also our standard practice to calculate computer programming language is Department practice. The Department G&A based on a percentage of cost, untimely and should be rejected on that should recalculate the G&A expense rather than a per ton amount because basis. Moreover, the Department’s using Rautaruukki’s 1993 audited G&A expenses are more closely margin calculation program is correct financial statements and other verified associated with costs than with weight. and needs no adjustments. 1993 information. Id. Therefore, we have recalculated G&A Department’s Position: We agree with for Rautaruukki as a percentage of cost the petitioners. The programming Respondent argues that it correctly using only 1993 data from Rautaruukki’s language that was released for reported G&A expenses and that the cost audited financial statements. Regarding comments in October 1994 was verification report states that the Rautaruukki’s argument that the preliminary and was not company Department verified all appropriate Department verified their G&A expense, specific. Both of the errors that the expenses for Raahe were included in the Department’s verification confirmed petitioners have claimed are related to G&A and that the appropriate that all appropriate expenses were company specific programming. In these methodologies were applied. included in the reported G&A. The final results, we have changed the Furthermore, respondent claims the verification report statements that the program to read ‘‘TOTCOM2 = FOREX Department found no discrepancies allocation methodology was verified + TOTCOM1’’. This error resulted in between the Group profit and loss report only indicated that the figures and incorrect cost test results. However, the and the reported consolidated financial methodology reported by Rautaruukki Department’s May 18, 1995, analysis statements. Respondent notes in support accurately traced to their books and memo and the Federal Register notice of its argument for using an annual G&A records. This allocation methodology is of the preliminary results in this factor, petitioners reference cases which not that traditionally utilized by the administrative review did not reflect the are antidumping investigations and not Department in allocating G&A. incorrect cost results. After correcting administrative reviews. Respondent Comment 4: Petitioners argue that the the errors, the Department did in fact contends that petitioners reliance on interest expense factor was calculated find sales below cost for Rautaruukki in these investigations is misplaced when using the same methodology used for this administrative review. Therefore, applied to this administrative review. In the G&A factor, and thus suffers from the discussion of sales below cost found an investigation where sales span a six- the same flaws as the G&A factor. in the preliminary notice and the May month period, the Department generally Additionally the unaudited 1994 18, 1995 analysis memo is consistent looks to a full-year period in computing amount used in the interest expense with the corrected, final cost test results. G&A, because such a period calculation suffers from an additional Finally, while we have not allowed a encompasses operating results over a flaw—it is incorrect because direct sales adjustment for the other longer time span than the period of Rautaruukki erroneously deducted expense field as discussed in the investigation and typically reports the short-term interest that it paid. Instead, preliminary results, we have included results of at least one business cycle. In petitioners argue the Department should this other expense field in the this administrative review, the POR take Rautaruukki’s 1993 consolidated calculation of SELLCOP for these final covers an eighteen month period, and interest expense less dividend income, results because these are costs incurred. Rautaruukki provided annual and divided by total cost of goods sold less Comment 3: Petitioners argue that interim financial reports which are selling expenses. Petitioners claim this Rautaruukki incorrectly reported its prepared in the ordinary course of is a conservative interest expense factor general and administrative expenses business. Respondent claims these highly favorable to Rautaruukki because (G&A). The Department has a long- reports cover the entirety of the POR; it assumes all interest income is short- Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2795 term, which the Department did not These were matched to the U.S. sales of statutory duty to determine what verify, and only Rautaruukki’s G&A CONNUMU IO6X. In doing so, the constitutes identical merchandise. (rather than consolidated G&A, which is Department mistakenly matched sales of Department’s Position: We agree with not on the record) is deducted, which beveled plate to sales of plate which had petitioners. On August 12, 1994, the results in a larger denominator and thus not undergone the further Department solicited comments on the a lower factor. manufacturing process required to proposed model matching criteria. On Respondent argues that it correctly produce beveled plate. In terms of August 26, 1994, Rautaruukki filed reported its interest expenses. For the quality, the two product control comments. However, Rautaruukki’s reasons stated in Comment three above, numbers are identical. CONNUMs comments did not propose beveling as Rautaruukki correctly reported its starting with IO through LL represent a relevant characteristic to use in interest expenses by providing the basic cut-to-length plates which are not product matching. Furthermore, in its Department with the most complete and painted, and CONNUMs starting with questionnaire response and accurate information available. RA through UX represent plates with a supplemental response Rautaruukki Additionally, petitioners’ interest failed to establish the relevance of beveled edge. Beveled plate is produced expense factor calculation is flawed. beveling as a product matching criteria. only after an additional manufacturing The net financial expense figure is Therefore, the Department has no basis process, which is performed on a grossly overstated because petitioners’ upon which to differentiate beveled figure includes currency exchange separate production line. It incurs plate from non-beveled plate for differences as interest expenses. additional costs which must be taken matching and price comparison Department’s Position: We agree with into consideration in Rautaruukki’s purposes. The Department has broad petitioners in part. As with G&A pricing decisions. These additional discretion to devise the methodology for expenses, it is our standard practice to costs are reflected in Rautaruukki’s determining the model match base interest expense on an amount home market database. In collapsing methodology as confirmed by the Courts derived from audited consolidated these control numbers, respondent in Torrington Co. v. United States, 881 annual financial statements and to argues the Department incorrectly F. Supp. 622, 635 (CIT 1995) and Smith- calculate interest expense as a collapsed two products with different Corona Group v. United States, 713 F.2d percentage of cost See e.g. Preliminary product characteristics. In so doing, 1568 (Fed. Cir. 1983), cert. denied, 465 Determination of Sales at LTFV: Grain- respondent claims the Department U.S. 1022 (1984). Furthermore, beveled Oriented Electrical Steel from Italy, 59 incorrectly compared sales of beveled plate does not possess physical FR 5991 (1994). Furthermore, the choice plate in the home market with sales of characteristics which make it unique of allocation methodologies is left to the normal plate in the U.S. market. from non-beveled plate with regard to Department’s discretion. See PPG Petitioners counter that the applications and uses. We have Industries v. United States 746 F. Supp. Department correctly collapsed therefore continued to collapse IO6X 119 (CIT 1990). The 1994 data used by CONNUMHs IO6X and TA6X. Nowhere and TA6X. Rautaruukki is partial year data based in its brief does Rautaruukki identify the Comment 6: Respondent argues the on unaudited financial statements. product characteristics which it believes Department should compare U.S. sales Therefore, we have recalculated interest are different for the two CONNUMHs. to a trading company to home market expense for Rautaruukki using only This is because there are no product sales to end-users. In its preliminary 1993 data. characteristics that are different. results, the Department reclassified the We also agree with respondent in part levels of trade in the home market According to petitioners a review of the that the petitioners’ figure is overstated database by collapsing sales to and sales products in IO6X and TA6X shows that because it contains currency exchange through wholesalers into a single lot. It they are identical for the eight physical differences as interest expense. To matched this collapsed level of trade characteristics identified by the calculate interest expense for the final with the level of trade reported in the questionnaire. By separating the results, we have used the interest U.S. market (sales to a trading expense examined at verification, which products in CONNUMHs IO6X and company). Respondent claims the is based on the consolidated financial TA6X, Rautaruukki introduced into a Department should have compared U.S. statements, divided by consolidated cost primary place in the hierarchy a product sales to home market sales to end-users of sales taken directly from the characteristic—beveling—that was not for the following reasons: Rautaruukki consolidated financial statements in the selected by the Department. Petitioners has a closer relationship with the annual report. argue such unilateral modification of wholesalers/distributors in the home Comment 5: Respondent argues that the Department’s hierarchy should not market; the home market wholesalers/ the Department erred in collapsing be permitted. When the Department distributors have a common inventory home market control numbers gave interested parties an opportunity to system whereas for U.S. sales, (CONNUMHs) IO6X and TA6X and comment on the model match hierarchy Rautaruukki does not know the ultimate thereby made incorrect product in August 1994, Rautaruukki submitted customer in the United States, and matches. The questionnaire established comments. Those comments did not therefore no common inventory system a hierarchy of product characteristics contain a single reference to beveling. In can exist; the home market wholesalers/ that the Department would use in fact, no interested parties identified distributors hold and fill orders from identifying individual plate products. beveling as a physical characteristic that inventory unlike either the U.S. Each unique combination of these ought to be included in the plate customer or the home market end-user; characteristics is treated as a distinct hierarchy. Petitioners contend home market wholesalers/distributors product. The Department discovered Rautaruukki had ample opportunity to are eligible for certain rebates, for which instances where multiple control suggest any modifications it believed to the U.S. customer and home market numbers were being assigned to the be necessary and suggest Rautaruukki end-users are not; respondent argues the same set of product characteristics. The simply ignored the Department’s sales verification report states that since Department collapsed CONNUMHs hierarchy and created its own. In doing there is no inventory for purchase price IO6X and TA6X, which it understood so, petitioners argue Rautaruukki sales to the U.S., the customer level of had identical product characteristics. attempted to usurp the Department’s trade for the two markets should be 2796 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices different; since respondent claims it both sell directly to the ultimate perform equivalent functions in their does not know the ultimate customer, it customer. In both cases, petitioners note respective markets, and/or are in considers its U.S. customer as an end- that Rautaruukki invoices the equivalent positions in the chain of user; and plate with identical distributor, which then in turn distribution from the manufacturer to CONNUMs were sold both to the U.S. separately invoices its own customer the ultimate customer. See Antifriction customer and to end-users in the home (the end-user). The nearly congruent Bearings (Other Than Tapered Roller market. function and position of the U.S. trading Bearings) and Parts Thereof From The respondent further argues that in company and the home market France, et al.; Final Results of an antidumping investigation, the wholesalers/distributors are illustrated Antidumping Duty Administrative Department normally calculates foreign in Rautaruukki’s own distribution Reviews, Partial Termination of market value (FMV) and U.S. price channel flow charts for the two markets. Administrative Review, and Revocation (USP) based on the same commercial They are virtually carbon copies of each in Part of Antidumping Duty Orders, 60 level of trade. The Department normally other, and at one point, the U.S. trading FR 10900, 10940–41 (February 28, 1995) asks if the levels of trade reported by the company is referred to as a distributor. (Issue 9, Comment 3). For Rautaruukki, respondent are in fact distinct and Given the verified facts, petitioners the U.S. trading company and the home discernable, based on the respondent’s maintain the Department was correct in market wholesalers/distributors explanation of their functions. its decision, which was in accordance function at similar levels of trade. They Respondent notes that while the with its long-standing practice and are the first unrelated customer and Department often matches according to regulations that require the FMV/USP both sell directly to the ultimate customer type (see Stainless Steel comparisons to be made at the same or customer. For both markets, Hollow Products from Sweden, 58 FR most comparable level of trade. Rautaruukki’s distributor invoices the 69,332), this is not always the case (see Petitioners further argue that it is the end-user, while Rautaruukki invoices Antifriction Bearings from France, 58 respondent’s burden to show there are the distributor. The respondent did not FR 39,768). In the instant case, the discernable functions that would make demonstrate any functions, which respondent argues that the U.S. its proposed matching level a better differentiate the level of trade for customer is the functional equivalent to choice than the Department’s choice. Of wholesalers/distributors in the home an end-user in the home market the four points raised by the respondent market and the trading company in the because: (1) Rautaruukki does not know in making their argument, the first three U.S., to illustrate an alternate level of the ultimate customer in the U.S. do not relate in any way to the functions trade is necessary. The first three factors market; (2) the same product is sold to performed by the buyer and, therefore cited by the respondent are not elements home market end-users and to the U.S. are irrelevant to the determination of normally considered by the Department customer; (3) neither the home market level of trade. The fact that Rautaruukki in determining level of trade. Nor does end-users nor the U.S. customer qualify does not know its distributor’s end-user the respondent provide any compelling for the rebate; and (4) the home market customers in the United States says reason why the Department should end-users and the U.S. customer do not nothing about the distributor’s consider those factors in this instance. hold inventory or share a common functions, or those of home market end- The respondent’s first issue, that inventory system. In Stainless Steel Bar users. Even if the point were relevant, Rautaruukki does not know the U.S. from Spain (59 FR 66931), the Rautaruukki also does not know the trading company’s end-user customers, Department accepted level of trade end-user purchaser on many of its sales does not illustrate the functions of the classifications based upon when the to home market distributors. There is no U.S. trading company or the home customer wanted delivery. These were precedent for the payment of rebates market end-users. In fact, Rautaruukki distinguished by which party bore the being relevant to the functions of a also claims it does not know the end- costs and risks of maintaining a finished customer or its position in the chain of user purchasers on many of its sales to goods inventory. In the instant distribution. The fact that plate with the home market distributors yet administrative review, respondent same CONNUMs was sold to both the Rautaruukki argues that these sales argues that sales to the United States U.S. customer and to end-users in the would be at a different level of trade. should be compared with sales to home home market is in no way indicative of With regard to the third point, the market end-users because, unlike the functions performed by any Department does not consider either wholesales/distributors in the home customer. Moreover, sales of identical market, neither bears the cost of merchandise were also made to rebates or the fact that the same maintaining inventory. distributors in the home market. products are sold to home market end- Petitioners argue that Rautaruukki’s Petitioners continue that this reduces users and to the U.S. customer as complaints are without merit. The Rautaruukki’s argument to the claim relevant to the functions of a customer criteria for determining level of trade that home market end-users and the or its position in the chain of comparability are the extent to which U.S. customer do not hold inventory or distribution. As for the fourth point, the customers: (1) perform equivalent share a common inventory system. Even while the U.S. customer may not have functions in their respective markets, if true, this claim alone would not be a a common inventory system, there is and/or (2) are positioned in equivalent basis to reverse the Department’s nothing on the record to indicate that positions in the chain of distribution decision. In any event, the facts on the the U.S. customer does not hold any from the manufacturer to the ultimate record do not support Rautaruukki’s inventory. Therefore, we are continuing customer (see Disposable Pocket assertion that the U.S. buyer does not to match U.S. sales to the trading Lighters from Thailand, 60 FR 14263, hold inventory. There is no reason for company with home market sales to/ 14264 (March 16, 1995)). By these the Department to reverse its decision. through wholesalers/distributors. criteria, petitioners maintain there is Department’s Position: We agree with Comment 7: The respondent argues clearly a close correspondence between the petitioners. The Department’s that it correctly reported rebates which the U.S. trading company and the home practice in finding similar levels of were successfully verified by the market wholesalers/distributors—both trade in each market requires a Department. However, in the are Rautaruukki’s first unrelated comparison of customers in each of the preliminary results, the Department customer in a particular market, and markets to determine whether they denied Rautaruukki’s reported rebate to Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2797 certain home market wholesalers/ the publication date, as provided for by [C±549±401] distributors because Rautaruukki’s section 751(a)(1) of the Act: (1) The cash computer tape reported these rebates to deposit rates for the reviewed company Certain Textile Mill Products From a different number of home market will be the rate for that firm as stated Thailand; Final Results of wholesalers/distributors than were above; (2) for previously reviewed or Countervailing Duty Administrative identified in the narrative response. investigated companies not listed above, Review Respondent argues that part of this the cash deposit rate will continue to be AGENCY: Import Administration, discrepancy is explained by the fact that the company-specific rate published for International Trade Administration, certain companies merged. Respondent the most recent period; (3) if the Department of Commerce. also argues that although certain home exporter is not a firm covered in this ACTION: Notice of Final Results of the market wholesalers/distributors were review, or the original LTFV Countervailing Duty Administrative not specifically identified in the investigation, but the manufacturer is, Review on Certain Yarn Products narrative response, Rautaruukki did the cash deposit rate will be the rate covered under the Suspended submit the relevant information in the established for the most recent period Investigation on Certain Textile Mill home market sales database. for the manufacturer of the Products from Thailand. Accordingly respondent argues the merchandise; and (4) if neither the Department should allow the exporter nor the manufacturer is a firm SUMMARY: On August 2, 1995, the adjustment. covered in this review, the cash rate will Department of Commerce (the The petitioners argue that the denial be 32.25 percent. This is the ‘‘all others’’ Department) published in the Federal of these rebates was correct. Petitioners rate from the LTFV investigation. See Register its preliminary results of note that the Department verified the Final Determination of Sales at Less administrative review of Certain Yarn number of companies that received this Than Fair Value: Certain Cut-To-Length Products covered under the agreement rebate as reported in the narrative Carbon Steel Plate from Finland, 58 FR suspending the countervailing duty response, not as reported in the home 37122 (July 9, 1993). These deposit investigation on Certain Textile Mill market sales tape. Accordingly, requirements, when imposed, shall Products from Thailand for the period petitioners maintain Rautaruukki’s remain in effect until publication of the May 18, 1992 through December 31, argument adds nothing new to this final results of the next administrative 1993 (suspension agreement). We have issue—their brief cites to no evidence review. completed this review and have on the record that one of the companies determined that the signatories were not received the rebate, and Rautaruukki This notice serves as a final reminder to importers of their responsibility in violation of the suspension admits that it never specifically agreement. However, we note that the identified another company in its under section 353.26 of the Department’s regulations to file a Department will require that four narrative response. Therefore, signatories repay the Royal Thai petitioners argue the Department should certificate regarding the reimbursement of antidumping duties prior to Government (RTG), in an annual continue to exclude the rebate amounts adjustment, the amount by which all tax on sales to certain companies in the liquidation of the relevant entries during this review period. Failure to certificates received exceeded the final results. import duties on physically Department’s Position: We agree with comply with this requirement could result in the Secretary’s presumption incorporated inputs. respondent that the Department should EFFECTIVE DATE: January 29, 1996. allow all rebates. Although Rautaruukki that reimbursement of antidumping FOR FURTHER INFORMATION CONTACT: Lisa did not specifically address all rebates duties occurred and the subsequent Yarbrough or Jim Doyle, Office of in its narrative, they did report all the assessment of double antidumping Agreements Compliance, Import rebates in their database. After further duties. Administration, International Trade examination of the verification exhibits, This notice also serves as a reminder Administration, U.S. Department of we have determined that all rebates to parties subject to administrative Commerce, Washington, D.C. 20230, were accurately reported and verified by protective order (APO) of their telephone (202) 482–3793. the Department and that all these parties responsibility concerning the did receive the rebates as reported. disposition of proprietary information SUPPLEMENTARY INFORMATION: disclosed under APO in accordance Background Final Results of Review with section 353.34(d) of the As a result of our review, we have Department’s regulations. Timely On November 23, 1990, the determined that no margin exists for notification of return/destruction of Department published in the Federal Rautaruukki Oy for the period February APO materials or conversion to judicial Register (55 FR 48885) a notice 4, 1993, through July 31, 1994. protective order is hereby requested. terminating in part the suspension The Department shall determine, and Failure to comply with the regulations agreement on Certain Textile Mill the Customs service shall assess, and the terms of an APO is a Products from Thailand (50 FR 9837, antidumping duties on all appropriate sanctionable violation. March 12, 1985). On May 9, 1992, the entries. Individual differences between This administrative review and this Court of International Trade (CIT) held United States price and foreign market notice are in accordance with section that the Department’s termination was value may vary from the percentages 751(a)(1) of the Act (19 U.S.C. not in accordance with the law because stated above. The Department will issue 1675(a)(1)) and section 353.22 of the the Department failed to strictly follow appraisement instructions directly to Department’s regulations. 19 CFR 355.25(d)(4). The Court of the Customs Service. Appeals for the Federal Circuit (CAFC) Furthermore, the following deposit Dated: January 19, 1996. affirmed the decision of the CIT on requirements will be effective upon Susan G. Esserman, October 12, 1993, and instructed the publication of this notice of final results Assistant Secretary for Import Department to reinstate the suspension of review for all shipments of plate from Administration. agreement. Subsequently, on October Finland entered, or withdrawn from [FR Doc. 96–1456 Filed 1–26–96; 8:45 am] 22, 1993, the Department reinstated the warehouse, for consumption on or after BILLING CODE 3510±DS±P suspension agreement, effective May 18, 2798 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

1992, the date the Department 5207.10.0000, 5207.90.0000, comments submitted by the interested published notice of the CIT decision (58 5401.10.0000, 5402.31.3000, parties, summarized below, has not led FR 54552). 5402.32.3000, 5402.33.6000, us to change our findings in the On March 4, 1994, the Department 5406.10.0020, 5406.10.0040, preliminary results. On this basis, the published in the Federal Register a 5406.10.0090, 5508.20.0000, Department will require that these notice of ‘‘Opportunity to Request 5510.12.0000, 5510.90.4000, and companies repay the RTG, in an annual Administrative Review’’ (59 FR 10368) 5511.30.0000. adjustment, the amount by which the of the suspended investigation for the tax certificates exceed the import duties period May 18, 1992 to December 31, Analysis of Programs on physically incorporated inputs. 1993. The Department received requests Based upon our analysis of the B. Export Packing Credits for an administrative review of certain responses to our questionnaire and yarn products on March 31, 1994, from verification, we determine the Under Section II (a) of the suspension the American Yarn Spinners following: agreement, the producers and exporters Association (AYSA) and certain are not to apply for, or receive, Export individual yarn producers. On April 15, I. Programs Found To Be Used Packing Credits (EPCs) from the Bank of 1994, the Department initiated a A. Tax Certificates Thailand (BOT) that permit the countervailing duty administrative rediscounting of promissory notes Under Section II (c) of the suspension review on Certain Yarn Products for the arising from shipments of subject agreement, the producers and exporters period May 18, 1992 to December 31, merchandise to the United States. can apply or receive tax certificates on 1993 (59 FR 18099, April 15, 1994). The EPCs are pre-shipment short-term shipments of subject merchandise Department verified the responses of the loans available to exporters for a exported directly or indirectly to the RTG and the Thai Textile Manufacturers maximum of 180 days from the date of United States for import duties paid on Association (TTMA) from January 16 issuance. Under the EPC program, items that are physically incorporated through January 25, 1995 pursuant to commercial banks issue loans based on into exported products. If the producers the administrative review. promissory notes from creditworthy On August 2, 1995, the Department and exporters apply for tax certificates exporters. Such notes have to be published in the Federal Register (60 in excess of the items physically supported by an irrevocable letter of FR 39363) the preliminary results of its incorporated, the suspension agreement credit, a sales contract, a purchase administrative review of certain yarn requires that the producers and order, or a warehouse receipt. The products. We invited interested parties exporters repay to the RTG, in an annual commercial bank will then resell 50% of to comment on the preliminary results. adjustment, the amount by which the the promissory note to the BOT at a On August 14, 1995, a case brief was tax certificates exceed the import duties lower interest rate. The maximum submitted by Economic Consulting on physically incorporated inputs. interest rate a commercial bank can Services (ECS), a representative for the Tax certificate applications are made charge the exporter is 10% per annum. AYSA and individual member on a shipment by shipment basis after If an exporter does not fulfill the companies of the AYSA. the producer/exporter receives payment contract by the due date of the EPC, the The Department has now completed for its shipment. The application can BOT will automatically charge the this administrative review in include up to 10 shipments and must be commercial bank a penalty interest rate. accordance with section 751 of the submitted within one year of the The commercial bank will then pass this Tariff Act of 1930, as amended (the Act). shipment date. Exporters can apply for penalty onto the exporter. The penalty The review covers nine programs and an extension if they do not meet the one interest rate is 6.5% per annum eight producers/exporters: Saha Union, year deadline. calculated over the full term of the loan. Venus Thread, Union Thread, Union The law governing this program is the However, penalties can be refunded if Spinning, Thai Melon, Thai American, ‘‘Tax and Duty Compensation of the exporter ships the merchandise Thai Blanket, and Thai Synthetic. Exported Goods Produced in the within 60 days after the due date. If only Kingdom Act, B.E. 2524 (1981).’’ a portion of the goods is shipped by the Applicable Statute and Regulations Effective January 1, 1992, new nominal due date, the exporter receives a partial The Department is conducting this rebate rates were established for all refund in proportion to the value of the administrative review in accordance products by the Committee on Tax and goods shipped. with section 751(a) of the Act. Unless Duty Rebates for Exported Goods In the preliminary results, we found otherwise indicated, all citations to the Produced in the Kingdom. The new that Thai Melon and Thai American statute and to the Department’s nominal rates applicable to signatories used this program for exports of subject regulations are in reference to the are categorized by the following sectors: merchandise to the United States. Our provisions as they existed on December spinning, weaving, made-up textile analysis of the comments submitted by 31, 1994. goods, and knitting. Because nominal the interested parties, summarized rates are in excess of duties pertaining below, has not led us to change our Scope of Review to physically incorporated inputs, the findings in the preliminary results. On Imports covered by this review are Department has calculated, and this basis, the net subsidy received on shipments of certain yarns from requested that the RTG implement non- EPCs for this administrative review is Thailand. During the period of review, excessive rates. See verification report 0.19%. such merchandise was classifiable dated September 15, 1994, and letter under the Harmonized Tariff Schedule from Roland L. MacDonald to Arthur J. C. International Trade Promotion Fund (HTS) item numbers 5204.11.0000, Lafave III dated November 15, 1994. Under Section II (h) of the suspension 5204.19.0000, 5204.20.0000, In the preliminary results, we found agreement, the producers and exporters 5206.21.0000, 5206.22.0000, that Thai Melon, Thai American, Thai are to notify the Department in writing 5206.23.0000, 5206.24.0000, Synthetic, and Thai Blanket applied for prior to applying for or accepting any 5206.25.0000, 5206.41.0000, tax certificates on subject merchandise new benefit which is, or is likely to be, 5206.42.0000, 5206.43.0000, to the United States at nominal rates a countervailable bounty or grant on 5206.44.0000, 5206.45.0000, during the POR. Our analysis of the shipments of subject merchandise Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2799 exported, directly or indirectly, to the II. Programs Found Not To Be Used shipments of subject merchandise United States. Although the Department In the preliminary results we found exported directly or indirectly to the has never determined this program to be that the producers/exporters of the United States for import duties paid on countervailable, we reviewed this subject merchandise did not apply for or items that are physically incorporated program in the administrative review. receive benefits under the following into exported products. However, if the This program, governed by the ‘‘Rule programs: producers and exporters apply for tax on Administration of the International A. Electricity Discounts certificates in excess of the items Trade Promotion Fund (ITPF), B.E. 2532 B. Repurchase of Industrial Bills physically incorporated, the suspension (1989),’’ promotes and develops Thai C. Investment Promotion Act: Section agreement requires that the producers exports worldwide through incoming 28, 31, 35, and 36 and exporters repay to the RTG, in an and outgoing trade missions. The ITPF D. Export Processing Zones annual adjustment, the amount by provides training and seminars for E. Double Deduction for Foreign which the tax certificates exceed the exporters, and publicity through public Marketing Expenses import duties on physically advertisements. Our analysis of the comments incorporated inputs. The Department will require that the In the preliminary results, we submitted by the interested parties, summarized below, has not led us to signatories repay to the RTG, in an confirmed that Saha Union and its annual adjustment, any amount by relateds (Union Spinning, Union change our findings in the preliminary results. which the tax certificate exceeds the Thread, and Venus Thread) participated amount of import duties on physically in an international trade fair, promoting Analysis of Comments incorporated inputs. The annual subject merchandise. However, Saha Comment 1 adjustment shall be calculated in Union and its related companies paid accordance with Section IIc (i) and (ii) ECS argues that the Department their own expenses to participate in the of the suspension agreement. trade fair. Thus, the signatories were not verified the continued existence of With respect to the use of duty found to be in violation of the numerous subsidy programs and the drawback, the Department verified that agreement. Our analysis of the continued receipt by several Thai yarn the amount received was not in excess comments submitted by the interested producers and exporters of benefits from of the import duties paid on physically parties, summarized below, has not led several of the subsidy programs. They incorporated inputs. Thus, the us to change our findings in the further claim that these subsidy benefits signatories were not in violation. (See preliminary results. found by the Department are distinct verification report dated June 1, 1995). from and are above and beyond the large D. Duty Drawback Finally, the participation in the subsidy benefits that were given to the international trade promotion fund by Under Section II (c) of the suspension Thai yarn industry under the four signatories does not confer a benefit agreement, exporters and producers are Investment Promotion Act. ECS because the Department verified that the not to apply for, or receive, rebates on maintains that the large subsidy benefits signatories paid their own expenses. shipments of subject merchandise in received by the Thai yarn industry Furthermore, the Department has never excess of the import duties paid on under the Investment Promotion Act determined this program to be items that are physically incorporated were instrumental in the massive countervailable. into exported products. expansion of the capacity of the Thai yarn industry several years ago. Comment 2 Under this program, Thai Customs will refund import duties paid on Department’s Position ECS wants assurance that any benefits found by the Department during the imported goods used in the production The Department disagrees with the of an exported product. In order to period of review are repaid to the RTG arguments raised by ECS. As described in order to reverse any benefits received qualify for duty drawback, the goods in the preliminary results (60 FR 39363), must be exported through an authorized by the Thai yarn producers during the the programs found to be used did not POR. port, the exports must be shipped confer a subsidy which violated the within one year of the date of terms of the agreement. Due to the Department’s Position importation of the goods on which unusual circumstances surrounding this As stated above, the Department will drawback is claimed, and the producer/ case and the reinstatement of the exporter must request drawback within require that the signatories repay the suspension agreement, the Department amount in which the tax certificates six months of the date of exportation of does not consider the calculation of the goods. exceed import duties on physically EPCs in this POR to constitute a incorporated inputs. If the signatories In the preliminary results, we found violation of the agreement within the fail to comply with the Department, we that Saha Union, Union Spinning, meaning of 19 CFR 355.19 (d)(1994). will determine that the signatories have Union Thread, Venus Thread, and Thai However, we note that Section II (a) of violated the agreement. Melon used duty drawback on exported the suspension agreement prohibits goods of subject merchandise to the participation by any signatory in the Comment 3 United States. Based on verification, we EPC program at noncommercial rates ECS urges the Department to maintain determined that the amount of and terms for subject merchandise. close scrutiny over the administration of drawback received was not in excess of Thus, in future reviews, the signatories the agreement so that the U.S. industry the items physically incorporated into shall follow Section II (a) of the can be assured that the subsidies found the exported products. Hence, the suspension agreement or they will be by the Department will be repaid to the signatories were not found to be in found in violation of the agreement. RTG and that such benefits will not violation of the agreement. Our analysis In regard to the tax certificates continue in the future. of the comments submitted by the received by signatories during the POR, interested parties, summarized below, under Section II (c) of the suspension Department’s Position has not led us to change our findings in agreement, the producers and exporters The Department will continue to the preliminary results. can apply or receive tax certificates on closely monitor the administration of 2800 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices the agreement in order to ensure that the agreement. However, we do note that a countervailing duty administrative excess amounts of the tax certificates are the Department will require that one review on NCNC yarns for the period repaid and that the signatories do not signatory repay the Royal Thai January 1, 1993 to December 31, 1993 receive any benefits in the future that Government (RTG), in an annual (59 FR 18099, April 15, 1994). The would constitute a violation of the adjustment, the amount by which the Department verified the responses of the agreement. tax certificate received exceeded the RTG and the Thai Textile Manufacturers import duties on physically Association (TTMA) from January 16 Final Results of Review incorporated inputs. through January 25, 1995 pursuant to For the period May 18, 1992 through EFFECTIVE DATE: January 29, 1996. the administrative review. December 31, 1993, we determine that FOR FURTHER INFORMATION CONTACT: Lisa On July 18, 1995, the Department the signatories were not in violation of Yarbrough or Jim Doyle, Office of published in the Federal Register (60 the suspension agreement. Agreements Compliance, Import FR 36779) the preliminary results of its This notice serves as a reminder to Administration, International Trade administrative review of NCNC yarns parties subject to administrative Administration, U.S. Department of for the period January 1, 1993 through protective order (APO) of their Commerce, Washington, D.C. 20230, December 31, 1993. The Department responsibility concerning the telephone (202) 482–3793. invited interested parties to comment on disposition of proprietary information the preliminary results. On August 14, disclosed under APO in accordance SUPPLEMENTARY INFORMATION: 1995, a case brief was submitted by with 19 C.F.R. 355.34(d). Timely written Background Economic Consulting Services (ECS), a notification of return/destruction of representative for the AYSA and On February 26, 1990, the Department APO materials or conversion to judicial individual member companies of the published in the Federal Register (55 protective order is hereby requested. AYSA. FR 6669) a notice stating its intent to Failure to comply with the regulations The Department has now completed terminate the suspension agreement on and the terms of an APO is a this administrative review in certain textile mill products from sanctionable violation. accordance with section 751 of the Thailand (50 FR 9837, March 12, 1985). This administrative review and notice Tariff Act of 1930, as amended (the Act). On March 26, 1990, the American Yarn are in accordance with section 751(a)(1) The review covers nine programs and Spinners Association (AYSA), a trade of the Act (19 U.S.C. 1675(a)(1)(1994)) seven producers/exporters: Saha Union, association, objected to the and 19 C.F.R. 355.22(1994). Venus Thread, Union Thread, Union Department’s intent to terminate the Spinning, Union Knitting, Union Dated: December 14, 1995. suspension agreement. As a result, on Industries, and Thai Melon. Susan G. Esserman, November 23, 1990, the Department Assistant Secretary for Import terminated the suspension agreement Applicable Statute and Regulations Administration. with regard to all non-yarn products The Department is conducting this [FR Doc. 96–1454 Filed 1–26–96; 8:45 am] covered by the suspension agreement administrative review in accordance BILLING CODE 3510±DS±P (55 FR 48885). with section 751(a) of the Act. Unless Subsequent to publication of the otherwise indicated, all citations to the November 23, 1990 notice, counsel for statute and to the Department’s [C±549±401] the RTG filed a lawsuit in the United regulations are in reference to the Certain Textile Mill Products From States Court of International Trade (CIT) provisions as they existed on December Thailand; Final Results of challenging the Department’s 31, 1994. determination that AYSA had standing Countervailing Duty Administrative Scope of Review Review to oppose the termination of the suspension agreement. On May 17, Imports covered by this review are AGENCY: Import Administration, 1991, the CIT remanded the shipments of NCNC Yarns from International Trade Administration, determination to the Department for Thailand. During the period of review Department of Commerce. reconsideration of AYSA’s standing to (POR), such merchandise was ACTION: Notice of Final Results of the oppose the termination. On July 3, 1991, classifiable under the Harmonized Tariff Countervailing Duty Administrative the Department issued remand results Schedule (HTS) item numbers Review on Noncontinuous finding that AYSA had standing to 5508.10.0000, 5509.21.0000, Noncellulosic Yarns (NCNC Yarns) oppose the termination vis-a-vis only 5509.22.0010, 5509.22.0090, covered under the Suspended one like product covered by the 5509.32.0000, 5509.51.3000, Investigation on Certain Textile Mill suspension agreement, i.e., NCNC yarns. 5509.51.6000, 5509.69.4000, Products from Thailand. The CIT affirmed the remand 5511.10.0030, 5511.10.0060, and determination in its entirety on August 5511.20.0000. SUMMARY: On July 18, 1995, the 5, 1991. The Royal Thai Government, et Analysis of Programs Department of Commerce (the al., v. United States, Slip Op. 91–68 Department) published in the Federal (August 5, 1991). Based upon our analysis of our Register its preliminary results of On March 16, 1994, the Department questionnaire and verification we administrative review on NCNC Yarns published in the Federal Register a determine the following: covered under the agreement notice of ‘‘Opportunity to Request I. Programs Found To Be Used suspending the countervailing duty Administrative Review’’ (59 FR 12240) investigation on Certain Textile Mill of the suspension agreement for the A. Tax Certificates Products from Thailand for the period period January 1, 1993 to December 31, Under Section II (c) of the suspension January 1, 1993 through December 31, 1993. The Department received requests agreement, the producers and exporters 1993 (suspension agreement). We have for an administrative review of NCNC can apply for or receive tax certificates completed this review and have yarns on March 31, 1994, from AYSA on shipments of subject merchandise determined that the signatories were not and certain individual producers. On exported directly or indirectly to the in violation of the suspension April 15, 1994, the Department initiated United States for import duties paid on Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2801 items that are physically incorporated This program, governed by the ‘‘Rule A. Electricity Discounts into exported products. If the producers on Administration of the International B. Repurchase of Industrial Bills and exporters apply for tax certificates Trade Promotion Fund (ITPF), B.E. 2532 C. Investment Promotion Act: Sections in excess of the items physically (1989),’’ promotes and develops Thai 28, 31, 35, and 36 incorporated, the suspension agreement exports worldwide through incoming D. Export Processing Zones requires that the producers and and outgoing trade missions. The ITPF E. Double Deduction of Foreign exporters repay to the RTG, in an annual provides training and seminars for Marketing Expenses adjustment, the amount by which the exporters, and publicity through public F. Export Packing Credits tax certificates exceed the import duties advertisements. Our analysis of the comments on physically incorporated inputs. In the preliminary results, we submitted by the interested parties, Tax certificate applications are made confirmed that Saha Union and its summarized below, has not led us to on a shipment by shipment basis after relateds (Union Spinning, Union change our findings in the preliminary the producer/exporter receives payment Thread, and Venus Thread) participated results. in an international trade fair, promoting for its shipment. The application can Analysis of Comments include up to 10 shipments and must be subject merchandise. However, Saha submitted within one year of the Union and its related companies paid Comment 1 shipment date. Exporters can apply for their own expenses to participate in the trade fair. Thus, the signatories were not ECS argues that the Department an extension if they do not meet the one verified the continued existence of year deadline. found to be in violation of the agreement. Our analysis of the numerous subsidy programs and the The law governing this program is the continued receipt by several Thai yarn ‘‘Tax and Duty Compensation of comments submitted by the interested parties, summarized below, has not led producers and exporters of benefits from Exported Goods Produced in the several of the subsidy programs. They Kingdom Act, B.E. 2524 (1981).’’ us to change our findings in the preliminary results. further claim that these subsidy benefits Effective January 1, 1992, new nominal found by the Department are distinct rebate rates were established for all C. Duty Drawback from and are above and beyond the large products by the Committee on Tax and Under Section II (c) of the suspension subsidy benefits that were given to the Duty Rebates for Exported Goods agreement, exporters and producers are Thai yarn industry under the Produced in the Kingdom. The new not to apply for, or receive, rebates on Investment Promotion Act. ECS nominal rates applicable to signatories shipments of subject merchandise in maintains that the large subsidy benefits are categorized by the following sectors: excess of the import duties paid on received by the Thai yarn industry spinning, weaving, made-up textile items that are physically incorporated under the Investment Promotion Act goods, and knitting. Because nominal into exported products. were instrumental in the massive rates are in excess of the physically Under this program, Thai Customs expansion of the capacity of the Thai incorporated inputs, the Department has will refund import duties paid on yarn industry several years ago. calculated, and requested that the RTG imported goods used in the production Department’s Position implement, non-excessive rates. See of an exported product. In order to verification report dated September 15, qualify for duty drawback, the goods The Department disagrees with the 1994, and letter from Roland L. must be exported through an authorized arguments raised by ECS. As described MacDonald to Arthur J. Lafave III dated port, the exports must be shipped in the preliminary results of November 15, 1994. within one year of the date of administrative review (60 FR 39363), In the preliminary results, we found importation of the goods on which the programs found to be used did not that Thai Melon applied for a tax drawback is claimed, and the producer/ confer a subsidy which violated the certificate on subject merchandise to the exporter must request drawback within terms of the agreement. United States at a nominal rate during six months of the date of exportation of In regard to the tax certificate received the POR. Our analysis of the comments the goods. by Thai Melon during the POR, under submitted by the interested parties, In the preliminary results, we found Section II (c) of the suspension summarized below, has not led us to that Saha Union, Union Spinning, agreement, the producers and exporters change our findings in the preliminary Union Thread, Venus Thread, and Thai can apply or receive tax certificates on results. On this basis, the Department Melon used duty drawback on exported shipments of subject merchandise will require that Thai Melon repay the goods of subject merchandise to the exported directly or indirectly to the RTG, in an annual adjustment, the United States. Based on verification, we United States for import duties paid on amount by which the tax certificate determined that the amount of items that are physically incorporated exceeded the import duties on drawback received was not in excess of into exported products. However, if the physically incorporated inputs. the items physically incorporated into producers and exporters apply for tax certificates in excess of the items B. International Trade Promotion Fund the exported product. Hence, the signatories were not found to be in physically incorporated, the suspension Under Section II (h) of the suspension violation of the agreement. Our analysis agreement requires that the producers agreement, the producers and exporters of the comments submitted by the and exporters repay to the RTG, in an are to notify the Department in writing interested parties, summarized below, annual adjustment, the amount by prior to applying for or accepting any has not led us to change our findings in which the tax certificates exceed the new benefit which is, or is likely to be, the preliminary results. import duties on physically a countervailable bounty or grant on incorporated inputs. shipments of subject merchandise II. Programs Found Not To Be Used The Department will require that Thai exported, directly or indirectly, to the In the preliminary results we found Melon repay to the RTG, in an annual United States. Although the Department that the producers/exporters of the adjustment, any amount by which the has never determined this program to be subject merchandise did not apply for or tax certificate received exceeded the countervailable, we reviewed this receive benefits under the following amount of import duties on physically program in the administrative review. programs: incorporated inputs. The annual 2802 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices adjustment shall be calculated in with 19 C.F.R. 355.34(d). Timely written with the concurrence of the General accordance with Section II c(i) and (ii) notification of return/destruction of Counsel formally determined on July 5, of the suspension agreement. APO materials or conversion to judicial 1994, pursuant to Section 10(d) of the With respect to the use of duty protective order is hereby requested. Federal Advisory Act, as amended, that drawback, the Department verified that Failure to comply with the regulations the series of meetings or portions of the amount received was not in excess and the terms of an APO is a meetings of the Committee and of any of the import duties paid on physically sanctionable violation. subcommittee thereof, dealing with incorporated inputs. Thus, the This administrative review and notice privileged or confidential commercial signatories were not in violation. (See are in accordance with section 751(a)(1) information may be exempt from the verification report dated June 1, 1995). of the Act (19 U.S.C. 1675(a)(1)(1994)) provisions of the Act relating to open Finally, the participation in the and 19 CFR 3.5.5.22 (1994). meeting and public participation therein international trade promotion fund by Dated: December 14, 1995. because these items are concerned with four signatories does not confer a benefit Susan G. Esserman, matters that are within the purview of because the Department verified that the 5 U.S.C. 552b(c) (4) and (9) (B). A copy Assistant Secretary for Import signatories paid their own expenses. Administration. of the Notice of Determination is Furthermore, the Department has never available for public inspection and [FR Doc. 96–1455 Filed 1–26–96; 8:45 am] determined this program to be copying in the Department of Commerce countervailable. BILLING CODE 3510±DS±P Records Inspection Facility, Room 6020, Comment 2 Main Commerce. Dated: January 22, 1996. ECS wants assurance that any benefits U.S. Automotive Parts Advisory found by the Department during the Committee; Closed Meeting Henry P. Misisco, Director, Office of Automotive Affairs. period of review are repaid to the RTG AGENCY: International Trade in order to reverse any benefits received Administration, Commerce. [FR Doc. 96–1459 Filed 1–26–96; 8:45 am] by the Thai yarn producers during the ACTION: Closed meeting of U.S. BILLING CODE 3510±DR±P POR. Automotive Parts Advisory Committee. Department’s Position SUMMARY: The U.S. Automotive Parts National Oceanic and Atmospheric As stated above, the Department will Advisory Committee (the ‘‘Committee’’) Administration require that Thai Melon repay the advises U.S. Government officials on amount in which the tax certificate matters relating to the implementation [I.D. 011796A] exceeds the import duties on physically of the Fair Trade in Auto Parts Act of incorporated inputs. If Thai Melon fails 1988. The Committee: (1) reports North Pacific Fishery Management to comply with this requirement, the annually to the Secretary of Commerce Council; Committee Meeting Department will have grounds to on barriers to sales of U.S.-made auto determine that the signatory has parts and accessories in Japanese AGENCY: National Marine Fisheries violated the agreement. markets; (2) assists the Secretary in Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Comment 3 reporting to the Congress on the progress of sales of U.S.-made auto parts Commerce. ECS urges the Department to maintain in Japanese markets, including the ACTION: Notice of meeting. close scrutiny over the administration of formation of long-term supplier the agreement so that the U.S. industry relationships; (3) reviews and considers SUMMARY: The Pacific Northwest Crab can be assured that the subsidies found data collected on sales of U.S.-made Industry Advisory Committee by the Department will be repaid to the auto parts to Japanese markets; (4) (PNCIAC), an advisory committee to the RTG and that such benefits will not advises the Secretary during North Pacific Fishery Management continue in the future. consultations with the Government of Council (Council) will hold a meeting. Department’s Position Japan on these issues; and (5) assists in DATES: The meeting will be held on establishing priorities for the February 27, 1996, beginning at 9:00 The Department will continue to Department’s initiatives to increase closely monitor the administration of a.m., and will end at approximately 5:00 U.S.-made auto parts sales to Japanese p.m. the agreement in order to ensure that the markets, and otherwise provide ADDRESSES: excess amount of the tax certificate is assistance and direction to the Secretary The meeting will be held at repaid and that the signatories do not in carrying out these initiatives. At the Leif Erikson Hall, 2245 NW 57th St, receive any benefits in the future that meeting, committee members will Seattle, WA. would constitute a violation of the discuss specific trade and sales Council address: North Pacific agreement. expansion programs related to U.S.- Fishery Management Council, 605 W. Final Results of Review Japan automotive parts policy. 4th Ave., Suite 306, Anchorage, AK 99501–2252. For the period January 1, 1993 DATES AND LOCATION: The meeting will through December 31, 1993, we be held on February 22, 1996 from 10:00 FOR FURTHER INFORMATION CONTACT: Arni determine that the signatories were not a.m. to 3:00 p.m. at the U.S. Department Thomson, Alaska Crab Coalition, 206– in violation of the suspension of Commerce in Washington, D.C. 547–7560. agreement. FOR FURTHER INFORMATION CONTACT: Dr. SUPPLEMENTARY INFORMATION: The This notice serves as a reminder to Robert Reck, Office of Automotive PNCIAC will review Alaska crab fishery parties subject to administrative Affairs, Trade Development, Room issues and proposed changes to current protective order (APO) of their 4036, Washington, D.C. 20230, regulations, and develop responsibility concerning the telephone: (202) 482–1418. recommendations to be forwarded to the disposition of proprietary information SUPPLEMENTARY INFORMATION: The Alaska Board of Fisheries and the disclosed under APO in accordance Assistant Secretary for Administration, Council. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2803

Special Accommodations 1155 21st Street, Washington, DC 20581, DEPARTMENT OF DEFENSE This meeting is physically accessible telephone 202–418–5277. Department of the Air Force to people with disabilities. Requests for SUPPLEMENTARY INFORMATION: The sign language interpretation or other Exchange’s proposed Brady bond Notice of Intent To Prepare an auxiliary aids should be directed to Arni contracts are based on indexes Environmental Impact Statement for Thomson (see FOR FURTHER INFORMATION representing the sovereign debt of Enhanced Training In Idaho Mountain CONTACT) at least 5 working days prior Argentina and Brazil. The Exchange has Home AFB, ID to the meeting date. petitioned the SEC to grant the The United States Air Force intends Dated: January 22, 1996. sovereign debt of Argentina and Brazil Richard W. Surdi, to prepare an Environmental Impact exempt status under SEC Rule Statement (EIS) to analyze the proposed Acting Director, Office of Fisheries 240.3a12–8. The SEC published the Conservation and Management, National action regarding the establishment of a proposed amendment to Rule 240.3a12– tactical training range in Owyhee Marine Fisheries Service. 8 in the Federal Register for a 30-day [FR Doc. 96–1564 Filed 1–26–96; 8:45 am] County, Idaho supporting enhanced public comment period on December training for Mountain Home AFB and BILLING CODE 3510±22±F 20, 1995. Should the SEC add the the Idaho Air National Guard. In sovereign debt of Argentina and Brazil conjunction with the range, to the list of exempted securities, the modification of airspace would occur in COMMODITY FUTURES TRADING Commission would then be able to the state of Idaho and Nevada. This COMMISSION designate futures on such securities. See proposal will be known as Enhanced Applications of the Chicago Mercantile Section 2(a)(1)(B)(v) of the Act. Training in Idaho (ETI). Exchange for Designation as a Copies of the terms and conditions The Air Force proposes to establish Contract Market in Futures and will be available for inspection at the the ETI in the eastern half of Owyhee Options on the CME Argentine Brady Office of the Secretariat, Commodity County, Idaho, near Clover Butte. This Bond Index and the CME Brazilian Futures Trading Commission, Three proposal would establish a series of target areas including one tactical range, Brady Bond Index Lafayette Centre, 1155 21st Street, five simulated bombing target areas and Washington, DC 20581. Copies of the AGENCY: Commodity Futures Trading a series of 30 emitter sites to terms and conditions can be obtained Commission. compliment existing assets and allow ACTION: Notice of availability of the through the Office of the Secretariat by various training opportunities. terms and conditions of proposed mail at the above address or by phone The ETI would consist of a 12,000- commodity futures and option at (202) 418–5097. acre tactical range designed to provide contracts. Other materials submitted by the CME aircrews with a realistic target array that in support of the applications for allows simultaneous attacks from any SUMMARY: The Chicago Mercantile contract market designation may be axis. Only small training munitions Exchange (CME or Exchange) has available upon request pursuant to the would be expended on the tactical applied for designation as a contract range. In addition, the Air Force would market in futures and futures options on Freedom of Information Act (5 U.S.C. 552) and the Commission’s regulations establish five simulated bombing sites the CME Argentine Brady Bond Index on which no ordnance would be and futures and futures options on the thereunder (17 C.F.R. Part 145 (1987)), except to the extent they are entitled to expended. The simulated bombing CME Brazilian Brady Bond Index. The target areas would consist of two Acting Director of the Division of confidential treatment as set forth in 17 C.F.R. 145.5 and 145.9. Requests for industrial complexes with a railyard, Economic Analysis (Division) of the two Surface-to-Air Missile sites, and a Commission, acting pursuant to the copies of such materials should be made to the FOI, Privacy and Sunshine Act Forward Edge of Battle Area array. Four authority delegated by Commission of the simulated bombing areas would Compliance Staff of the Office of the Regulation 140.96, has determined that each cover 5-acres and the remaining Secretariat at the Commission’s publication of the proposals for area would cover 1-square mile. comment is in the public interest, will headquarters in accordance with 17 In addition to the target areas, the Air assist the Commission in considering C.F.R. 145.7 and 145.8. Force would establish ten 1-acre emitter the views of interested persons, and is Any person interested in submitting sites and twenty 0.25-acre emitter sites. consistent with the purposes of the written data, views, or arguments on the These emitter sites would allow the Commodity Exchange Act. proposed terms and conditions, or with placement of simulated enemy threat DATES: Comments must be received on respect to other materials submitted by radars to provide aircrews with a or before February 28, 1996. the CME, should send such comments diverse target/threat array. In total, the ADDRESSES: Interested persons should to Jean A. Webb, Secretary, Commodity proposed ETI would supplement the submit their views and comments to Futures Trading Commission, Three existing range facilities, and allow Jean A. Webb, Secretary, Commodity Lafayette Centre, 1155 21st Street NW., various target numbers and locations to Futures Trading Commission, Three Washington, DC 20581 by the specified provide realism and simulate Lafayette Centre, 1155 21st Street NW, date. anticipated combat conditions. Washington, DC 20581. Reference Airspace actions associated with the should be made to the CME Argentine Issued in Washington, DC, on January 23, ETI would permit more efficient Brady Bond Index and the CME 1996. utilization of the airspace and range Brazilian Brady Bond Index. Blake Imel, assets. The proposal includes expansion FOR FURTHER INFORMATION CONTACT: Acting Director. of the Owyhee Military Operations Area Please contact Stephen Sherrod of the [FR Doc. 96–1510 Filed 1–26–96; 8:45 am] (MOA) to the north and expansion of Division of Economic Analysis, BILLING CODE 6351±01±P the Paradise East MOA to the southeast Commodity Futures Trading to join the Owyhee MOA. Restricted Commission, Three Lafayette Centre, airspace would be restructured within 2804 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices the ETI area by eliminating R–3202B supply and other purposes to central for Lake Okeechobee and the WCAs. and R–3202C, elevating the ceiling of R– and southern Florida. Further, concepts to capture and store 3202A to 29,000 MSL and establishing excess surface water in WPAs located new restricted airspace around the FOR FURTHER INFORMATION CONTACT: along the eastern boundary levees of the 12,000-acre tactical range. Questiosn about the proposed action WCAs by backpumping surface water In addition to the proposed action, and DPEIS can be answered by: Mark that is normally released to tide via the two alternatives will be considered: the Ziminske, U.S. Army Corps of C&SF Project canal system will be no action alternative, and a 12,000-acre Engineers, P.O. Box 4970, Jacksonville, investigated. tactical range similar to the proposed Florida 32232–0019; Telephone 904– There is an extensive effort by range, but located further west, near 232–1786. Grasmere. Federal, State and local governments in SUPPLEMENTARY INFORMATION: central and southern Florida to restore The Air Force will conduct public scoping meetings to assist it in a. Authorization the natural Kissimmee—Lake determining the issues and concerns Okeechobee—Everglades system. Much The C&SF Project Comprehensive of this effort depends a great deal on the that should be addressed in the EIS. Review Study is authorized by Section Notice of time and place of the scoping findings, recommendations and ultimate 309(1) of the Water Resources direction resulting from the meetings will be made to public officials Development Act of 1992 and two Comprehensive Review Study. and announced in the news media in resolutions of the Committee on Public Therefore, it is envisioned that a areas where the scoping meetings will Works and Transportation, United be held. States House of Representatives, dated conceptual plan will be identified early To assure there will be sufficient time September 1992. These authorizations in the study process to provide a to consider public inputs on issues to be direct the Corps to re-examine the framework as the Corps, SFWMD, and included in developing the EIS when design of the C&SF Project to determine other agencies and the public articulate attendance at the scoping meetings is if modifications should be made to the the ultimate comprehensive plan. not possible, comments should be project in the interest of improving d. Scoping forwarded to the addressee below by environmental quality, water supply, April 1, 1996. and Everglades and Florida Bay The scoping process as outlined by FOR FURTHER INFORMATION CONTACT: Lt ecosystems, while meeting the overall the Council on Environmental Quality Col R. Oholendt, Air Combat Command water resource needs in the study area. will be utilized to involve Federal, Airspace and Range Management b. Study Area State, and local agencies, affected Indian Division, HQ ACC/DOR, Langley Air Tribes, and other interested private Force Base, Virginia 23665; Telephone The Study area includes the entire organizations and parties. A scoping (804) 764–6026. C&SF Project with the exception of the letter will be sent to interested Federal, Patsy J. Conner, Upper St. Johns River Basin, which is a State and local agencies, interested separate hydrologic basin, not part of Air Force Federal Register Liaison Officer. organizations and the public, requesting the Everglades ecosystem. Contained [FR Doc. 96–1533 Filed 1–26–96; 8:45 am] their comments and concerns regarding within the study area are: All or part of BILLING CODE 3910±01±P issues they feel should be addressed in Broward, Charlotte, Collier, Dade, Glades, Hendry, Highlands, Lee, Martin, the DPEIS. Interested persons and Monroe, Okeechobee, Orange, Osceola, organizations wishing to participate in Department of the Army, Corps of the scoping process should contact the Engineers Palm Beach, PolK, and St. Lucie Counties, Florida. U.S. Army Corps of Engineers at the address above. Significant issues Jacksonville District, Jacksonville FL; c. Project Features and Scope Intent To Prepare a Draft Programmatic anticipated include concern for: Environmental Impact Statement The Comprehensive Review Study maintenance of flood protection and (DPEIS) for the Central and Southern will develop an overall C&SF Project water supply, water quality, wetlands, Florida (C&SF) Project Comprehensive initial comprehensive plan and develop fish and wildlife, recreation and Review Study. the tools necessary to evaluate the aesthetics, historical and cultural effects of this plan, with particular resources, groundwater recharge, and AGENCY: U.S. Army Corps of Engineers, attention to features specific to Lake threatened and endangered plant and Department of Defense. Okeechobee, the Everglades Agricultural animal species. Public meetings will be ACTION: Notice of intent. Area (EAA), the Water Conservation held over the course of the study, the Areas (WCAs), Everglades National exact location, dates, and times will be SUMMARY: The Jacksonville District, U.S. Park, Big Cypress National Preserve, the announced in public notices and local Army Corps of Engineers (Corps), along Lake Okeechobee Service Area, the newspapers. with the South Florida Water Lower East Coast Service Area, and Management District (SFWMD), intends Native American tribal lands. The major e. It is estimated that the DPEIS will to prepare a Draft Programmatic components to be studied include: be available to the public in November Environmental Impact Statement Alternatives for conveying water 1999. (DPEIS) for the feasibility phase of the through the EAA, and modifying ground George M. Strain, C&SF Project Comprehensive Review water levels to control soil subsidence; Assistant Chief, Planning Division. Study. The DPEIS will be done water storage in the Everglades [FR Doc. 96–1457 Filed 1–26–96; 8:45 am] commensurate with the development of headwaters to include Lake BILLING CODE 3710±AJ±M a comprehensive plan that addresses the Okeechobee, the EAA, the WCAs, and water resource needs of south Florida Water Preserve Areas (WPAs); through a re-examination of the design alternatives to reduce wildlife habitat of the original C&SF Project, authorized fragmentation within natural areas; and in 1948 to provide flood control, water alternative water regulation schedules Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2805

Corps of Engineers The DSEIS will analyze the new provide interested Federal agencies and harbor and breakwater alternatives, and the public an early opportunity to Intent To Prepare a Draft Supplemental other alternatives that may surface comment on information collection Environmental Impact Statement during the scoping process. Much of the requests. The Office of Management and (DSEIS) for Harbor Improvements at St. information contained in the previous Budget (OMB) may amend or waive the Paul, AK EIS and EAs will be incorporated by requirement for public consultation to reference. The final EIS will be made the extent that public participation in AGENCY: U.S. Army Corps of Engineers, available. Scoping of the EIS will the approval process would defeat the DoD. include coordination with the interested purpose of the information collection, ACTION: Notice of intent. local, State, and Federal agencies, the violate State or Federal law, or local public, native concerns, and other substantially interfere with any agency’s SUMMARY: The proposed action includes interested parties. Scoping meetings are ability to perform its statutory deepening and widening the Federal planned for Anchorage and St. Paul obligations. The Director of the entrance channel and maneuvering Island. Information Resources Group, publishes channels in St. Paul Harbor, St. Paul Anticipated subjects to be addressed this notice containing proposed Island, Alaska and reducing damage include, but are not limited to: water information collection requests at the caused by storm waves overtopping the quality, Salt Lagoon, alcid nesting beginning of the Departmental review of existing breakwater. Dredging and habitat, tideland fills, wetlands, rock the information collection. Each dredged material disposal alternatives quarry issues, and measures to proposed information collection, will be addressed with respect to fish minimize adverse impacts. grouped by office, contains the and wildlife resources and social and The expected completion date of the following: (1) Type of review requested, cultural aspects. Breakwater DSEIS is spring 1996. e.g., new, revision, extension, existing overtopping prevention alternatives Gregory D. Showalter, or reinstatement; (2) Title; (3) Summary include submerged reef breakwater, Army Federal Register Liaison Officer. of the collection; (4) Description of the construction of a breakwater toe, and need for, and proposed use of, the placement of additional larger stones. [FR Doc. 96–1458 Filed 1–26–96; 8:45 am] BILLING CODE 3710±NL±M information, (5) Respondents and Potential impacts associated with the frequency of collection; and (6) proposed action include impacts to Salt Reporting and/or Recordkeeping Lagoon, impacts on least auklet nesting DEPARTMENT OF EDUCATION burden. ED invites public comment at habitat, and water quality degradation to the address specified above. Copies of Salt Lagoon and Village Cove. The rock the requests are available from Patrick J. quarry for the breakwater overtopping Notice of Proposed Information Collection Requests Sherrill at the address specified above. alternatives will not be specified. The Department of Education is FOR FURTHER INFORMATION CONTACT: AGENCY: Department of Education. especially interested in public comment Questions about the proposed action ACTION: Notice of Proposed Information addressing the following issues: (1) is and DSEIS can be answered by: Mr. Guy Collection Requests. this collection necessary to the proper McConnell, Chief, Environmental functions of the Department, (2) will Resources Section, Alaska District Corps SUMMARY: The Director, Information this information be processed and used of Engineers, P.O. Box 898, Anchorage, Resources Group, invites comments on in a timely manner, (3) is the estimate Alaska 99506–0898, or phone (907) the proposed information collection of burden accurate, (4) how might the 753–2641. requests as required by the Paperwork Department enhance the quality, utility, Reduction Act of 1995. SUPPLEMENTARY INFORMATION: A and clarity of the information to be previous draft and final Environmental DATES: Interested persons are invited to collected, and (5) how might the Impact Statement was written for this submit comments on or before March Department minimize the burden of this project in 1982. The Record of Decision 29, 1996. collection on the respondents, including was signed in 1983. The project was not ADDRESSES: Written comments and through the use of information built until 1989. Several environmental requests for copies of the proposed technology. assessments were prepared and information collection requests should Dated: January 24, 1996. be addressed to Patrick J. Sherrill, distributed for public review assessing Gloria Parker, Department of Education, 600 changes in the original project design. Director, Information Resources Group. The harbor was designed to support a Independence Avenue, S.W., Room fishing fleet one-third the size of the 5624, Regional Office Building 3, Office of Postsecondary Education current operating fleet, and it also lacks Washington, DC 20202–4651, or should Type of Review: Revision. moorage for smaller boats. The harbor be electronic mailed to the internet # Title: Fiscal Operations Report and was not intended to have any floating or address [email protected], or should be Application to Participate in Federal shore-based processing plants. The faxed to 202–708–9346. Perkins Loan, Federal Supplemental project design was 100 feet with a 12- FOR FURTHER INFORMATION CONTACT: Educational Opportunity Grant, and foot unladen draft. The harbor currently Patrick J. Sherrill (202) 708–8196. Federal Work-Study Programs. serves a fleet of 230 transient vessels Individuals who use a Frequency: Annually. during the crabbing season, with three telecommunications device for the deaf Affected Public: Individuals or onshore processors and up to 27 floating (TDD) may call the Federal Information households; Businesses or other for- processors in the immediate area of the Relay Service (FIRS) at 1–800–877–8339 profit; Not-for-Profit institutions, harbor (within 3 miles). The design between 8 a.m. and 8 p.m., Eastern time, State, Local or Tribal Gov’t, SEAs or vessel for the proposed project is 350 Monday through Friday. LEASs. feet long with a 23-foot draft. The SUPPLEMENTARY INFORMATION: Section Annual Reporting and Recordkeeping present entrance channel and 3506 of the Paperwork Reduction Act of Hour Burden: maneuvering channels are not adequate 1995 (44 U.S.C. Chapter 35) requires Responses: 4,800. to safety accommodate these vessels. that the Department of Education (ED) Burden Hours: 80,131. 2806 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

Abstract: This application data will be 1. Massachusetts Institute of 5. Public Service Company of Colorado used to compute the amount of funds Technology [Docket No. ER96–696–000] needed by each institution during the [Docket No. EL96–30–000] Take notice that on December 26, 1997–98 Award Year. The Fiscal Take notice that on January 5, 1996, 1995, Public Service Company of operations report data will be used to the Massachusetts Institute of Colorado (Public Service) tendered for assess program effectiveness, account Technology tendered for filing a Petition filing a Power Purchase Agreement with for funds expended during the 1995– for Enforcement against the Intermountain Rural Electric 96 Award Year, and as part of the Massachusetts Department of Public Association (Intermountain). The Power institution funding process. Utilities pursuant to Section 210(h) of Purchase Agreement is intended to Office of Educational Research and the Public Utility Regulatory Policies supersede Public Service Rate Schedule Improvement Act of 1978. FERC No. 51, pursuant to which Public Type of Review: New. Comment date: January 31, 1996, in Service provides Intermountain with its Title: Campus Crime and Security at accordance with Standard Paragraph E requirements in excess of Postsecondary Education Institutions. at the end of this notice. Intermountain’s allocation of Western Frequency: Nonrecurring. 2. Public Service Company of New Area Power Administration Preference Affected Public: Not-for-profit Mexico Power. Public Service states that the institutions. Power Purchase Agreement retains most Reporting and Recordkeeping Hour [Docket No. ER96–619–000] of the same terms as Public Service Rate Burden: Take notice that on December 19, Schedule FERC No. 51, but extends its Responses: 1,200. 1995, Tucson Electric Power Company terms, retains the existing rate structure, Burden Hours: 600. for filing a Certificate of Concurrence in and limits the ability of the parties to Abstract: This survey will provide the above-referenced docket. seek future rate modifications. information about campus crime and Comment date: January 31, 1996, in Comment date: January 31, 1996, in security at postsecondary institutions. accordance with Standard Paragraph E accordance with Standard Paragraph E The survey will be used in a at the end of this notice. at the end of this notice. mandated report to Congress, in 3. Entergy Services, Inc. 6. Puget Sound Power & Light Company compliance with the Crime Awareness and Campus Security Act. [Docket No. ER96–694–000] [Docket No. ER96–697–000] Take notice that on December 26, Take notice that on December 27, Office of Educational Research and 1995, Entergy Services, Inc. (ESI), acting 1995, Puget Sound Power & Light Improvement as agent for Gulf States Utilities Company tendered for filing its Type of Review: Extension. Company (GSU), submitted for filing a proposed non-discriminatory, open Title: Postsecondary Education Quick revised Exhibit A to Rate Schedule access Point-to-Point Transmission Information System (PEQIS). CSTS to the Power Interconnection tariff, in accordance with the Frequency: Nonrecurring. Agreement between GSU and Cajun Commission’s Notice of Proposed Affected Public: Not-for-profit Electric Power Cooperative, Inc. The Rulemaking issued March 29, 1995, in institutions. revised Exhibit A contains Docket No. RM95–8–000 and Docket Reporting and Recordkeeping Hour modifications to certain of the points of No. RM84–7–001. Burden: delivery between GSU and Cajun. Comment date: January 31, 1996, in Responses: 11,418. Entergy Services requests a waiver of accordance with Standard Paragraph E Burden Hours: 2,374. the notice requirements of the Federal at the end of this notice. Abstract: The Postsecondary Education Power Act and the Commission’s 7. Northern Indiana Public Service Quick Information System (PEQIS) is regulations to permit the revised Exhibit Company designed to conduct brief surveys of A to become effective September 1, postsecondary institutions or State 1995. [Docket No. ER96–700–000] higher education agencies. PEQIS Comment date: January 31, 1996, in Take notice that on December 27, provides information that is needed accordance with Standard Paragraph E 1995, Northern Indiana Public Service quickly and that cannot be collected at the end of this notice. Company tendered for filing an through traditional NCES surveys. 4. Entergy Services, Inc. executed Service Agreement between PEQIS will conduct 4–5 surveys each Northern Indiana Public Service year. [Docket No. ER96–695–000] Company and Phibro, Inc. [FR Doc. 96–1496 Filed 1–26–96; 8:45 am] Take notice that on December 26, Under the Service Agreement, BILLING CODE 4000±01±M 1995, Entergy Services, Inc. (Entergy Northern Indiana Public Service Services), submitted for filing the Company agrees to provide services to Interchange Agreement between Phibro, Inc. under Northern Indiana DEPARTMENT OF ENERGY Arkansas Power & Light Company, Gulf Public Service Company’s Power Sales States Utilities Company, Louisiana Tariff, which was accepted for filing by Federal Energy Regulatory Power & Light Company, New Orleans the Commission and made effective by Commission Public Service Inc., and Entergy Order dated August 17, 1995 in Docket Services and the City Water and Light No. ER95–1222–000. Northern Indiana [Docket No. EL96±30±000, et al.] Plant of the City of Jonesboro, Arkansas. Public Service Company and Phibro, Massachusetts Institute of To the extent necessary, Entergy Inc. request waiver of the Commission’s Technology, et al.; Electric Rate and Services requests a waiver of the notice sixty-day notice requirement to permit Corporate Regulation Filings requirements of the Federal Power Act an effective date of January 1, 1996. and the Commission’s Regulations. Copies of this filing have been sent to January 18, 1996. Comment date: January 31, 1996, in the Indiana Utility Regulatory Take notice that the following filings accordance with Standard Paragraph E Commission and the Indiana Office of have been made with the Commission: at the end of this notice. Utility Consumer Counselor. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2807

Comment date: February 1, 1996, in 10. Northern Indiana Public Service Power Marketing, Inc. (WGR) as a accordance with Standard Paragraph E Company customer under the terms of CIPS’ at the end of this notice. [Docket No. ER96–703–000] Coordination Sales Tariff CST–1 (CST– 1 Tariff). 8. Northern Indiana Public Service Take notice that on December 27, CIPS requests an effective date of Company 1995, Northern Indiana Public Service December 20, 1995, for the service Company tendered for filing an [Docket No. ER96–701–000] agreement with WGR. Accordingly, executed Service Agreement between CIPS requests waiver of the Take notice that on December 27, Northern Indiana Public Service Commission’s notice requirements. 1995, Northern Indiana Public Service Company and Coastal Electric Service Copies of this filing were served upon Company tendered for filing an Company. executed Service Agreement between Under the Service Agreement, WGR and the Illinois Commerce Northern Indiana Public Service Northern Indiana Public Service Commission. Company and MidCon Power Services Company agrees to provide services to Comment date: February 1, 1996, in Corporation. Coastal Electric Services Company accordance with Standard Paragraph E Under the Service Agreement, under Northern Indiana Public Service at the end of this notice. Northern Indiana Public Service Company’s Power Sales Tariff, which 13. Montaup Electric Company Company agrees to provide services to was accepted for filing by the [Docket No. ER96–707–000] MidCon Power Services Corporation Commission and made effective by under northern Indiana Public Service Order dated August 17, 1995 in Docket Take notice that on December 27, Company’s Power Sales Tariff, which No ER95–1222–000. Northern Indiana 1995, Montaup Electric Company was accepted for filing by the Public Service Company and Coastal (Montaup) filed an amendment to a June Commission and made effective by Electric Services Company request 19, 1987, contract under which Order dated August 17, 1995 in Docket waiver of the Commission’s sixty-day Montaup provides transmission service No. ER95–1222–000. Northern Indiana notice requirement to permit an necessary for the delivery of power Public Service Company and MidCon effective date of January 1, 1996. which the New York Power Authority Power Services Corporation request Copies of this filing have been sent to (NYPA) has allocated to the waiver of the Commission’s sixty-day the Indiana Utility Regulatory Massachusetts Department of Public notice requirement to permit an Commission and the Indiana Office of Utilities (MDPU). The contract is effective date of January 1, 1996. Utility Consumer Counselor. between Montaup and Massachusetts Copies of this filing have been sent to Comment date: February 1, 1996, in Municipal Wholesale Electric Company the Indiana Utility Regulatory accordance with Standard Paragraph E (MMWEC) in MMWEC’s capacity as Commission and the Indiana Office of at the end of this notice. agent for the MDPU in arranging for the Utility Consumer Counselor. transmission of NYPA power. The 11. Southern Indiana Gas & Electric amendment provides for an extension in Comment date: February 1, 1996, in Company the term of the contract to correspond accordance with Standard Paragraph E with an extended purchase from NYPA at the end of this notice. [Docket No. ER96–705–000] Take notice that on December 27, and also for delivery to additional 9. Northern Indiana Public Service 1995, Southern Indiana Gas & Electric recipients of such power. Company Company (SIGECO), submitted for filing Montaup requests waiver of the 60- [Docket No. ER96–702–000] a Point-To-Point Transmission Service day notice requirement in order to Tariff and a Network Integration permit the amendment to become Take notice that on December 27, Transmission Service Tariff. Under the effective according to its terms on July 1995, Northern Indiana Public Service terms of the tariffs, SIGECO will offer 1, 1995. Company tendered for filing an firm and non-firm point-to-point Comment date: February 1, 1996, in executed Service Agreement between transmission service, network accordance with Standard Paragraph E Northern Indiana Public Service integration service and certain ancillary at the end of this notice. Company and Missouri Public Service. services to any entity eligible for Under the Service Agreement, 14. Northern Indiana Public Service mandatory transmission service under Company Northern Indiana Public Service Rules 211 and 212 of the Federal Power Company agrees to provide services to Act. The tariffs offer eligible customers [Docket No. ER96–704–000] Missouri Public Service under Northern transmission services that are Take notice that on December 27, Indiana Public Service Company’s comparable to the transmission services 1995, Northern Indiana Public Service Power Sales Tariff, which was accepted that SIGECO provides itself. Company tendered for filing an for filing by the Commission and made SIGECO requests that the Commission executed Service Agreement between effective by Order dated August 17, permit the tariffs to become effective as Northern Indiana Public Service 1995 in Docket No. ER95–1222–000. of sixty days after filing. Company and AES Power, Inc. Northern Indiana Public Service Comment date: February 1, 1996, in Under the Service Agreement, Company and Missouri Public Service accordance with Standard Paragraph E Northern Indiana Public Service request waiver of the Commission’s at the end of this notice. Company agrees to provide services to sixty-day notice requirement to permit AES Power, Inc., under Northern 12. Central Illinois Public Service an effective date of January 1, 1996. Indiana Public Service Company’s Company Copies of this filing have been sent to Power Sales Tariff, which was accepted the Indiana Utility Regulatory [Docket No. ER96–706–000] for filing by the Commission and made Commission and the Indiana Office of Take notice that on December 27, effective by Order dated August 17, Utility Consumer Counselor. 1995, Central Illinois Public Service 1995 in Docket No. ER95–1222–000. Comment date: February 1, 1996, in Company (CIPS) submitted a Service Northern Indiana Public Service accordance with Standard Paragraph E Agreement, dated December 20, 1995, Company and AES Power, Inc. request at the end of this notice. establishing Western Gas Resources waiver of the Commission’s sixty-day 2808 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices notice requirement to permit an agreed to provide comparable service on U.S.C. § 824b (1988), and part 33 of the effective date of January 1, 1996. similar terms and conditions over the Commission’s Regulations, 18 CFR part Copies of this filing have been sent to Authority’s Transmission Facilities, and 33, a Joint Application for an order the Indiana Utility Regulatory thus satisfies any and all reciprocity authorizing and approving a proposed Commission and the Indiana Office of requirements included by Public merger to combine their systems and to Utility Consumer Counselor. Utilities in their transmission tariffs. dispose of Applicants’ jurisdictional Comment date: February 1, 1996, in The Authority submitted cost facilities. accordance with Standard Paragraph E information to support its Tariffs. Pursuant to an Agreement and Plan of at the end of this notice. Comment date: February 20, 1996, in Merger, BGE and PEPCO will merge into Standard Paragraph accordance with Standard paragraph E a new corporation, to be named at the end of this notice. Constellation Energy Corporation E. Any person desiring to be heard or (Constellation). The utility operations of 2. Susquehanna Power Company and to protest said filing should file a BGE and PEPCO will be combined into Delmarva Power and Light Company motion to intervene or protest with the a single utility. The subsidiaries of BGE Federal Energy Regulatory Commission, [Docket No. EC96–9–000] and PEPCO will become subsidiaries of 888 First Street, NE., Washington, DC Take notice that on January 2, 1996, Constellation. The merger will be 20426, in accordance with Rules 211 Susquehanna Power Company effected through an exchange of stock and 214 of the Commission’s Rules of (Susquehanna Power) and Delmarva with BGE and PEPCO shareholders Practice and Procedure (18 CFR 385.211 Power and Light Company (Delmarva) exchanging their shares for the right to and 18 CFR 385.214). All such motions tendered for filing a joint Request for receive shares in Constellation. or protests should be filed on or before Approval of the Transfer of Facilities. Applicants have submitted the direct the comment date. Protests will be The filing related to the transfer of title testimony of ten witnesses who provide, considered by the Commission in in certain distribution facilities to among other things, a description of the determining the appropriate action to be Delmarva from Susquehanna Power. A merger, the projected benefits for taken, but will not serve to make portion of the distribution facilities ratepayers and shareholders, and protestants parties to the proceeding. which are part of the Conowingo explanation of how Constellation will Any person wishing to become a party Hydroelectric Project (Conowingo provide comparable transmission must file a motion to intervene. Copies Project) on the Susquehanna River are service and an analysis of the effects of of this filing are on file with the used solely to provide electric service to the merger on competition in the Commission and are available for public retail customers outside of the relevant markets. In a separate filing, inspection. Conowingo Project in Cecil and Harford Applicants on behalf of Constellation Lois D. Cashell, Counties in Maryland. The retail electric have submitted pro forma open-access Secretary. customers are customers of Delmarva. point-to-point transmission and network [FR Doc. 96–1451 Filed 1–26–96; 8:45 am] The distribution facilities to be integration service tariffs. BILLING CODE 6717±01±P transferred are physically located on the Copies of the Joint Application have Conowingo Project and are owned by been served on the State Utility Susquehanna Power Company, but are Regulatory Commissions of the District [Docket No. EL96±31±000, et al.] not used for the Conowingo Project. of Columbia, Maryland, Pennsylvania and Virginia. South Carolina Public Service Delmarva is not involved in the Comment date: February 20, 1996, in Authority, et al.; Electric Rate and operation of the Conowingo Project, accordance with Standard paragraph E Corporate Regulation Filings holds no interest in the Conowingo Project, and is not affiliated with at the end of this notice. January 22, 1996. ownership or operation of the 4. Associated Power Services, Inc. Take notice that the following filings Conowingo Project. Susquehanna Power have been made with the Commission: and Delmarva are requesting that the [Docket No. ER95–7–006] Commission approve the transfer under On December 14, 1995, Associated 1. South Carolina Public Service section 203 of the Federal Power Act, 16 Power Services, Inc. filed a notice of Authority U.S.C. § 824(b) and part 33 of the change in electing to utilize the three- [Docket No. EL96–31–000] Commission’s Rules and Regulations 18 year reporting option. Take notice that on January 11, 1996, CFR 33.1 et seq., since Delmarva is the Comment date: February 2, 1996, in the South Carolina Public Service utility who should have the control and accordance with Standard paragraph E Authority (the Authority) tendered for responsibility for the distribution at the end of this notice. filing a Petition for Declaratory Order to facilities necessary to serve its 5. Idaho Power Company Implement Open Access Transmission customers in Cecil and Harford Tariffs (the Petition). The Authority Counties. [Docket No. ER95–1258–000] submitted with its Petition a Network Comment date: February 8, 1996, in Take notice that on January 16, 1996, Integration Service Transmission Tariff accordance with Standard paragraph E Idaho Power Company tendered for and a Point-to-Point Transmission at the end of this notice. filing an amendment in the above- referenced docket. Service Tariff (the Tariffs). The 3. Baltimore Gas and Electric Company Comment date: February 5, 1996, in Authority’s Tariffs conform with the Pro and Potomac Electric Power Company Forma Tariffs issued by the Federal accordance with Standard paragraph E Energy Regulatory Commission [Docket No. EC96–10–000] at the end of this notice. (Commission) in its open access Take notice that on January 11, 1996, 6. USGen Power Services, L.P. transmission proceeding in Docket No. Baltimore Gas and Electric Company RM95–8–000. In the Petition, the (BGE) and Potomac Electric Power [Docket No. ER95–1625–001] Authority requests that the Commission Company (PEPCO) (collectively Take notice that on January 16, 1996, issue an order stating that, by placing its applicant) filed pursuant to section 203 USGen Power Services, L.P. filed a Tariffs into effect, the Authority has of the Federal Power Act (FPA), 16 revision to their Rate Schedule FERC Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2809

No. 1 as required by the Commission’s December 15, 1995 for the Service Tampa Electric proposes that the December 13, 1995, order in Docket No. Agreement. Letter of Commitment be made effective ER95–1625–000. Comment date: February 2, 1996, in as of March 1, 1996. Comment date: February 5, 1996, in accordance with Standard Paragraph E Tampa Electric states that a copy of accordance with Standard paragraph E at the end of this notice. the filing has been served on New at the end of this notice. Smyrna and the Florida Public Service 12. American Electric Power Service Commission. 7. Public Service Company of New Corporation Comment date: February 2, 1996, in Mexico [Docket No. ER96–718–000] accordance with Standard Paragraph E [Docket No. ER95–1800–000] Take notice that on December 29, at the end of this notice. Take notice that on January 17, 1996, 1995, American Electric Power Service 15. Tampa Electric Company Public Service Company of New Mexico Corporation (AEPSC), tendered for filing tendered for filing an amendment in the a transmission service agreement [Docket No. ER96–721–000] above-referenced docket. between AEPSC and PECO Energy Take notice that on December 29, Comment date: February 5, 1996, in Company. 1995, Tampa Electric Company (Tampa accordance with Standard Paragraph E Copies of the filing were provided to Electric), tendered for filing a contract at the end of this notice. PECO and the affected state regulatory providing for a short-term sale of commissions. capacity and energy to Georgia Power 8. Jersey Central Power & Light Comment date: February 2, 1996, in Company (Georgia Power). Company accordance with Standard Paragraph E Tampa Electric proposed that the [Docket No. ER96–393–000] at the end of this notice. contract be made effective as of March Take notice that on December 27, 1, 1996. 13. MidAmerican Energy Company Copies of the filing have been served 1995, Jersey Central Power & Light on Georgia Power and the Florida and Company tendered for filing an [Docket No. ER96–719–000] Georgia Public Service Commission. amendment in the above-referenced Take notice that on December 29, Comment date: February 2, 1996, in docket. 1995, MidAmerican Energy Company accordance with Standard Paragraph E Comment date: February 5, 1996, in (MidAmerican), One River Center Place, at the end of this notice. accordance with Standard Paragraph E 106 East Second Street, P.O. Box 4350, at the end of this notice. Davenport, Iowa 52808, filed an initial 16. Public Service Company of Oklahoma, Southwestern Electric 9. IES Utilities Inc. Rate Schedule for Power Sales (Rate Schedule) which provides for wholesale Power Company [Docket No. ER96–663–000] sales by MidAmerican at market-based [Docket No. ER96–722–000] Take notice that on December 22, rates. The filing also includes Take notice that on December 29, 1995, IES Utilities, Inc. tendered for amendments incorporating the Rate 1995, Public Service Company of filing proposed changes to its FERC Schedule into twenty of MidAmerican’s Oklahoma (PSO) and Southwestern Electric Tariff, Original Volume No. 1. existing interchange agreements with Electric Power Company (SWEPCO), Comment date: February 2, 1996, in other utilities. These amendments will tendered for filing certain amendments accordance with Standard Paragraph E permit MidAmerican and such other to the Interconnection and Power at the end of this notice. utilities to engage in voluntary Supply Agreement between PSO and transactions under those agreements in 10. Duquesne Light Company the Oklahoma Municipal Power accordance with the Rate Schedule. Authority (OMPA) (OMPA PSA) and a [Docket No. ER96–716–000] MidAmerican requests an effective letter agreement relating to the Take notice that on December 29, date of February 1, 1996, for the Rate scheduling of power from certain units 1995, Duquesne Light Company (DLC), Schedule and amendments to existing jointly owned by OMPA and SWEPCO. filed a Service Agreement dated interchange agreements and a waiver of PSO and SWEPCO request that the December 11, 1995, with North the provisions of the Commission’s agreements submitted in the filing be American Energy Conservation under regulations requiring a 60-day notice of accepted to become effective January 1, DLC’s FERC Coordination Sales Tariff the filing. 1996 and, therefore, request a waiver of (Tariff). The Service Agreement adds Copies of the filing were served on the the Commission’s prior notice filing North American Energy Conservation as Iowa Utilities Board, the Illinois requirements. a customer under the Tariff. DLC Commerce Commission, the South PSO and SWEPCO state that a copy of requests an effective date of December Dakota Public Utilities Commission and the filing has been served on OMPA and 11, 1995 for the Service Agreement. each of the utilities affected by the the Oklahoma Corporation Commission. Comment date: February 2, 1996, in amendments to the existing interchange Comment date: February 2, 1996, in accordance with Standard Paragraph E agreements. accordance with Standard Paragraph E at the end of this notice. Comment date: February 2, 1996, in at the end of this notice. accordance with Standard Paragraph E 11. Duquesne Light Company at the end of this notice. 17. Public Service Company of New [Docket No. ER96–717–000] Mexico 14. Tampa Electric Company Take notice that on December 29, [Docket No. ER96–723–000] 1995, Duquesne Light Company (DLC), [Docket No. ER96–720–000] Take notice that on December 29, filed a Service Agreement dated Take notice that on December 29, 1995, Public Service Company of New December 15, 1995 with Public Service 1995, Tampa Electric Company (Tampa Mexico (PNM), tendered for filing Electric and Gas under DLC’s FERC Electric), tendered for filing a Letter of Modification Number 6 (Modification 6) Coordination Sales Tariff (Tariff). The Commitment providing for the sale of to Contract DE–ACO4–85AL27436 Service Agreement adds Public Service capacity and energy to the Utilities (Electric Service Agreement) between Electric and Gas as a customer under the Commission, City of New Smyrna PNM and the United States Department Tariff. DLC requests an effective date of Beach, Florida (New Smyrna). of Energy (DOE). 2810 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

Modification 6 provides for two November 11, 1993, in Docket No. of the notice requirements for good changes to the existing rate schedule: (i) ER93–924–000. Great Bay requests an cause shown. It extends the Electric Service effective date for the revisions of NYSEG served copies of the filing Agreement for a period of time not to February 27, 1996. upon the New York State Public Service exceed one year from the current Great Bay states copies of the filing Commission and PECO. termination date of December 31, 1995; were served on existing customers and Comment date: February 5, 1996, in and (ii) it updates certain requirements on the New Hampshire Public Utilities accordance with Standard Paragraph E of the Federal Acquisition Regulations Commission. at the end of this notice. pertaining to subcontracts. Comment date: February 5, 1996, in 24. The Cincinnati Gas & Electric PNM requests waiver of the accordance with Standard Paragraph E Company and PSI Energy, Inc. Commission’s notice requirements in at the end of this notice. order to allow Modification 6 to be [Docket No. ER96–730–000] 21. Maine Public Service Company implemented as of January 1, 1996. Take notice that on December 29, Copies of this notice have been [Docket No. ER96–727–000] 1995, The Cincinnati Gas & Electric mailed to DOE, Incorporated County of Take notice that Maine Public Service Company and PSI Energy, Inc. filed Los Alamos, New Mexico and the New Company (MPS), on December 29, 1995, with the Commission a notice of Mexico Public Utility Commission. tendered for filing a proposed acceptance of the status as signatory Comment date: February 2, 1996, in Interconnection Agreement with parties to the Western System Power accordance with Standard Paragraph E Houlton Water Company. Pool Agreement. The filing companies at the end of this notice. Copies of the Section 205 filing were request that their membership be made effective as of January 1, 1996. 18. Oklahoma Gas and Electric served upon MPS’ jurisdictional customer under this agreement and the Comment date: February 5, 1996, in Company accordance with Standard Paragraph E Maine Department of Public Utilities. at the end of this notice. [Docket No. ER96–724–000] Comment date: February 5, 1996, in Take notice that on December 29, accordance with Standard Paragraph E 25. Ohio Edison Company and 1995, Oklahoma Gas and Electric at the end of this notice. Pennsylvania Power Company Company, tendered for filing a notice of 22. Great Bay Power Corporation [Docket No. ER96–731–000] cancellation of the Letter Agreement Take notice that on December 29, with AES Power, Inc. (AESPI) for the [Docket No. ER96–728–000] 1995, Ohio Edison Company tendered sale of capacity and energy. Take notice that on December 29, for filing on behalf of itself and Copies of this filing have been sent to 1995, Great Bay Power Corporation Pennsylvania Power Company, an AESPI, the Oklahoma Corporation (Great Bay) tendered for filing two Agreement for System Power Commission, and the Arkansas Public service agreements between Fitchburg Transactions with Morgan Stanley Service Commission. Gas and Electric Light Company and Capital Group, Inc. This initial rate Comment date: February 2, 1996, in Great Bay and UNITIL Power Corp. and schedule will enable the parties to accordance with Standard Paragraph E Great Bay for service under Great Bay’s purchase and sell capacity and energy at the end of this notice. Tariff for Short Term Sales. This Tariff in accordance with the terms of the 19. Pacific Gas and Electric Company was accepted for filing by the Agreement. Commission on November 11, 1993, in Comment date: February 5, 1996, in [Docket No. ER96–725–000] Docket No. ER93–924–000. The service accordance with Standard Paragraph E Take notice that on December 29, agreements are proposed to be effective at the end of this notice. 1995, Pacific Gas and Electric Company January 1, 1996. (PG&E) tendered for filing a rate for Comment date: February 5, 1996, in 26. Connecticut Yankee Atomic Power distribution service to be provided to accordance with Standard Paragraph E Company PG&E to Destec Power Services, Inc at the end of this notice. [Docket No. ER96–732–000] (DPS) under the Control Area and 23. New York State Electric & Gas Take notice that on December 29, Transmission Service Agreement Corporation 1995, Connecticut Yankee Atomic between PG&E and DPS, PG&E Rate Power Company (Connecticut Yankee) Schedule FERC No. 185. [Docket No. ER96–729–000] filed materials that it states are to PG&E has requested certain waivers. Take notice that New York State comply with the Commission’s Copies of this filing were served upon Electric & Gas Corporation (NYSEG) on Statement of Policy issued on December DPS and the California Public Utilities December 29, 1995, tendered for filing, 17, 1993 in Docket No. PL93–1–000. Commission. as an initial rate schedule, an agreement The Statement of Policy required Comment date: February 5, 1996, in with PECO Energy Company (PECO). companies to implement the accrual accordance with Standard Paragraph E The agreement provides a mechanism method of accounting for post- at the end of this notice. pursuant to which the parties can enter employment benefits other than 20. Great Bay Power Corporation into separately scheduled transactions pensions for company employees, as under which NYSEG will sell to PECO described in the Statement of Financial [Docket No. ER96–726–000] and PECO will purchase from NYSEG Accounting Standards No. 106 (SFAS Take notice that on December 29, either capacity and associated energy or 106), and to reflect that change in a 1995, Great Bay Power Corporation energy only as the parties may mutually filing with the Commission within three (Great Bay) tendered for filing revisions agree. years of implementation of this to its Tariff for Short-Term Sales, under NYSEG requests that the agreement accounting method. Connecticut Yankee which it sells capacity and/or energy become effective on December 30, 1995, implemented SFAS 106 on January 1, from its ownership interest in Seabrook so that the parties may, if mutually 1993, and has had no rate case since Unit No. 1 and/or purchased power. The agreeable, enter into separately that date. currently effective Tariff was accepted scheduled transactions under the Connecticut Yankee states that there for filing by the Commission on agreement. NYSEG has requested waiver is no change in rates or charges as a Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2811 result of this filing. Connecticut Yankee 29. Kentucky Utilities Company the Commission to accept two further states that copies of the filing [Docket No. ER96–735–000] Transmission Service Agreements were served on its purchasers and the which provide for Limited and state public utility commissions in each Take notice that on December 28, Interruptible Transmission Service to state in which the purchasers distribute 1995, Kentucky Utilities Company (KU) Industrial Energy Applications, Inc. or sell electricity at retail. tendered for filing information on NSP requests that the Commission transactions that occurred during Comment date: February 5, 1996, in accept for filing the Transmission December 1, 1995, through December Service Agreements effective as of accordance with Standard Paragraph E 15, 1995, pursuant to the Power at the end of this notice. December 1, 1995. NSP requests a Services Tariff accepted by the waiver of the Commission’s notice 27. Florida Power Corporation Commission in requirements pursuant to Part 35 so the [Docket No. ER96–733–000] [Docket No. ER95–854–000] Agreements may be accepted for filing Take notice that on December 28, Comment date: February 5, 1996, in effective on the date requested. 1995, Florida Power Corporation accordance with Standard Paragraph E Comment date: February 5, 1996, in (Florida Power) tendered for filing an at the end of this notice. accordance with Standard Paragraph E at the end of this notice. amendment to the agreement under 30. American Electric Power Service which it provides partial requirements Corporation 33. New Hampshire Public Service resale service to the Utilities [Docket No. ER96–736–000] Company Commission, City of New Smyrna [Docket No. ER96–739–000] Beach, Florida (New Smyrna). The Take notice that American Electric amendment establishes New Smyrna’s Power Service Corporation (AEPSC), on Take notice that on December 28, contract demands for the period December 29, 1995, tendered for filing 1996, New Hampshire Public Service beginning January 1, 1996 and ending (1) a transmission service agreement, Company (PSNH) tendered for filing an February 29, 2000, as follows: dated December 26, 1995 (TSA) between information statement concerning Columbus Southern Power Company PSNH’s fuel purchased power 1996 Contract Demand (Jan.–Feb.)—30 (CSP) and American Municipal Power- adjustments clause charges and credits MW Ohio, Inc. (AMP-Ohio), and (2) 3 under the captioned rate schedule 1996 Contract Demand (Mar–Dec.)—24 supplemented agreements with filings. MW municipal utilities (Cities) served by Comment date: February 5, 1996, in 1997 Contract Demand—24 MW CSP under CSP’s municipal resale accordance with Standard Paragraph E 1998 Contract Demand—24 MW service tariff. at the end of this notice. A copy of the filing was served upon 1999 Contract Demand—24 NW 34. Allegheny Power Service 2000 Contract Demand—24 MW the Cities, AMP-Ohio, and the Public Utility Commission of Ohio. Corporation on behalf of Monongahela The amendment also provides that Comment date: February 5, 1996, in Power Company, The Potomac Edison Florida Power will provide to New accordance with Standard Paragraph E Company and West Penn Power Smyrna and that New Smyrna will at the end of this notice. Company (the APS Companies) purchase six megawatt of stratified [Docket No. ER96–740–000] peaking service under Florida Power’s 31. American Electric Power Service sales tariff filed in Docket No. ER96–89– Corporation Take notice that on December 22, 1995, Allegheny Power Service 000. The period of the purchase is to [Docket No. ER96–737–000] begin at 12:01 on March 1, 1996 and end Corporation on behalf of Monongahela at Midnight on February 29, 2000 unless Take notice that American Electric Power Company, The Potomac Edison extended by mutual agreement. New Power Service Corporation (AEPSC), on Company and West Penn Power Smyrna is entitled to substitute base December 29, 1995, tendered for filing Company (the APS Companies) filed a and/or intermediate service purchased (1) a transmission service agreement, Supplement No. 7 to add eight (8) under the tariff for the peaking service. dated December 26, 1995 (TSA) between Customers to the Standard Generation The prices for the service are negotiated Ohio Power Company (OPCO) and Service Rate Schedule under which the prices in accordance with the tariff. An American Municipal Power-Ohio, Inc. APS Companies offer standard executed tariff service agreement is (AMP-Ohio), and (2) 15 supplemental generation and emergency service to included with the filing. agreements with municipal utilities these Customers on an hourly, daily, (Cities) served by OPCO under OPCO’s weekly, monthly or yearly basis. The The Company requests that this filing Municipal Resale Service Tariff. following new Customers are added by be allowed to become effective on A copy of the filing was served upon this filing: Aquila Power Corporation March 1, 1996. the Cities, AMP-Ohio, and the Public Cenergy, Inc., Heartland Energy Comment date: February 5, 1996, in Utility Commission of Ohio. Services, MidCon Power Services Corp., accordance with Standard Paragraph E Comment date: February 5, 1996, in Morgan Stanley Capital Group Inc., at the end of this notice. accordance with Standard Paragraph E Phibro Inc., Sonat Power Marketing In., 28. Energy Marketing Services, Inc. at the end of this notice. and Tenneco Energy Marketing Company. The APS Companies request [Docket No. ER96–734–000] 32. Northern States Power Company (Minnesota), Northern States Power a waiver of notice requirements to make Take notice that on December 22, Company (Wisconsin) service available as of November 28, 1995, Energy Marketing Services, Inc. 1995. tendered for filing an application for [Docket No. ER96–738–000] Copies of the filing have been Blanket Authorization, Certain Waivers Take notice that on December 29, provided to the Public Utilities and an Order Accepting Rate Schedule. 1995, Northern States Power Company- Commission of Ohio, the Pennsylvania Comment date: February 5, 1996, in Minnesota (NSP–M) and Northern Public Utility Commission, the accordance with Standard Paragraph E States Power Company-Wisconsin Maryland Public Service Commission, at the end of this notice. (NSP–W) jointly tendered and request the Virginia State Corporation 2812 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

Commission, the West Virginia Public Comment date: February 15, 1996, in Standard Paragraph Service Commission, and all parties of accordance with Standard Paragraph E record. at the end of this notice. E. Any person desiring to be heard or Comment date: February 5, 1996, in to protest said filing should file a 38. El Paso Electric Company accordance with Standard Paragraph E motion to intervene or protest with the at the end of this notice. [Docket No. FA91–57–001] Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 35. MidAmerican Energy Company Take notice that on May 2, 1995, El Paso Electric Company tendered for 20426, in accordance with Rules 211 [Docket No. ER96–741–000] filing its refund report in the above- and 214 of the Commission’s Rules of Take notice that on December 29, referenced docket. Practice and Procedure (18 CFR 385.211 1995, MidAmerican Energy Company and 18 CFR 385.214). All such motions Comment date: February 5, 1996, in tendered for filing a Notice of or protests should be filed on or before accordance with Standard Paragraph E Succession in the above-referenced at the end of this notice. the comment date. Protests will be docket. considered by the Commission in Comment date: February 6, 1996, in 39. Citizens Utilities Company determining the appropriate action to be accordance with Standard Paragraph E [Docket No. TX96–3–000] taken, but will not serve to make at the end of this notice. protestants parties to the proceeding. Take notice that on January 11, 1996, Any person wishing to become a party 36. New York Power Pool Citizens Utilities Company tendered for must file a motion to intervene. Copies filing a Second Application for an order [Docket No. ER96–762–000] of this filing are on file with the Take notice that the Member Systems pursuant to sections 211 and 212 of the Federal Power Act for transmission Commission and are available for public of the New York Power Pool (NYPP), on inspection. January 5, 1996, tendered for filing a service from Swanton Village, Vermont. Lois D. Cashell, rate schedule for coordination service Comment date: February 21, 1996, in with Enron Power Marketing, Inc. accordance with Standard Paragraph E Secretary. (EPMI). The rate schedule would enable at the end of this notice. [FR Doc. 96–1526 Filed 1–26–96; 8:45 am] the Member Systems of NYPP to enter 40. Suffolk County Electrical Agency BILLING CODE 6717±01±P into purchases and sales of specified services, including economy energy [Docket No. TX96–4–000] transactions, with EPMI. Included with Take notice that on January 17, 1996, [Project No. 2609, New York] the filing was a certificate of the Suffolk Electrical Agency (SCEA) concurrence signed by EPMI. NYPP filed with the Federal Energy Regulatory International Paper Company and accordingly, requested waiver of the Commission an application requesting Curtis/Palmer Hydroelectric Company, Commission’s notice requirements for that the Commission order the Long L.P.; Notice of Agency Scoping good cause shown. Island Lighting Company (LILCo) to Meeting Pursuant to the National In addition, on January 11, 1996 provide transmission services pursuant Environmental Policy Act of 1969 for NYPP filed an amendment to its January to section 211 of the Federal Power Act, an Applicant Prepared Environmental 5, 1996, filing in this docket. as amended by the Energy Policy Act of Assessment Copies of these filings were served on 1992 (16 U.S.C. 824j). EPMI and the New York State Public SCEA is a municipal power agency January 22, 1996. Service Commission. created by Suffolk County, New York, Pursuant to the Energy Policy Act of Comment date: February 5, 1996, in and authorized to provide electric 1992, and as part of the license accordance with Standard Paragraph E service to inhabitants of the County. The at the end of this notice. application, the International Paper applicant alleges that LILCo has refused Company and Curtis/Palmer 37. Citizens Utilities Company to provide the firm network Hydroelectric Company, L.P. transmission service requested by the [Docket No. ES96–17–000] (hereinafter referred to as International SCEA, thereby utilizing its transmission Take notice that on January 16, 1996, Paper) intends to prepare an dominance to foreclose competition in Environmental Assessment (EA) to file Citizens Utilities Company (Citizens), bulk power markets. filed an application, under Rule 204 of with the Federal Energy Regulatory the Federal Power Act, seeking The Applicant is requesting that Commission for the Curtis/Palmer Falls authorization to issue (a) Up to $800 LILCo provide 30 MW of firm network Hydroelectric Project. Two public million principal amount of unsecured transmission service (200 MW to Scoping meetings were held on January promissory notes outstanding at any one effectuate SCEA’s provision of 12, 1996. However, due to inclement time, (b) up to $800 million aggregate Residential Service and 100 MW to weather and federal government principal amount of debt securities with effectuate SCEA’s provision of furloughs, another scoping session a final maturity or maturities of not less Economic Incentive Service), that LILCo geared to agency concerns will be held, make available all necessary ancillary than 9 months nor more than 50 years, pursuant to the National Environmental services, and that LILCo make the and (c) 73 million shares of Citizens’ Policy Act of 1969, to identify the scope Common Stock (subject to adjustment service available commencing on June 1, 1996, or the earliest possible date of environmental issues that should be for stock splits, stock dividends, analyzed in the EA. At the agency recapitalizations and similar changes thereafter, for a duration of at least ten years. scoping meeting, International Paper after the date of this application), and will: (1) Summarize the environmental A copy of the filing was served on $400 million liquidation value of issues tentatively identified for analysis LILCo. Citizens’ Preferred Stock, subject to an in the EA; (2) solicit from the meeting overall limitation, at any one time, of Comment date: February 21, 1996, in participants all available information, the securities to be issued under (a), (b), accordance with Standard Paragraph E especially quantified data, on the issues and (c) of $800 million. at the end of this notice. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2813 in question; and (3) encourage Manhattanville Road, Purchase, New filed with the Commission at least 24 statements from experts and the public York 10577, by March 11, 1996. months prior to the expiration of the on issues that should be analyzed in the Correspondence should clearly show existing license. All applications for EA. the following caption on the first page: license for this project must be filed by Although International Paper’s intent Scoping Comments, Curtis/Palmer Falls November 30, 1998. is to prepare an EA, there is the Hydroelectric Project, FERC No. 2609, 2a. Type of Application: Amendment possibility that an Environmental New York. to Revise Project Boundary. Impact Statement (EIS) will be required. For further information, please b. Project No: 2105–035. Nevertheless, this meeting will satisfy contact Stuart Field at (518) 654–3445 c. Date Filed: December 13, 1995. the NEPA scoping requirements, (International Paper Company), Rich d. Applicant: Pacific Gas & Electric irrespective of whether an EA or EIS is Takacs at (202) 219–2840, or Steve Company. issued by the Commission. Naugle (202) 219–2805. Although this meeting is geared e. Name of Project: Upper North Fork Feather River. toward agency interests, interested Lois D. Cashell, individuals, organizations, and agencies f. Location: On the North Fork Feather are invited and encouraged to attend Secretary. River, near the town of Quincy, in Plumas County, California. and assist in identifying an clarifying [FR Doc. 96–1452 Filed 1–26–96; 8:45 am] the scope of environmental issues that g. Filed Pursuant to: Federal Power should be analyzed in the EA. BILLING CODE 6717±01±M Act, 16 U.S.C. § 791(a)–825(r). To help focus the discussions, a h. Applicant Contact: Jeff Butler, scoping document was sent out on [Project Nos. 2055±000, et al.] Manager, Hydro Generation, Pacific Gas December 7, 1995, as part of the Initial & Electric Company, Mail Code: N11C, Stage Consultation Document (ISCD). Hydroelectric Applications [Idaho P.O. Box 770000, San Francisco, CA Copies of the Scoping Document and Power Company, et al.]; Notice of 94177, (415) 973–5311. ISCD will also be available at the Applications i. FERC Contact: Mohamad Fayyad, meetings. (202) 219–2665. The meeting will be held on February Take notice that the following j. Comment Date: February 20, 1996. 8, 1996, at 9:30 a.m. at the Hudson River hydroelectric applications have been k. Description of Amendment: Mill, Corinth, New York. A cooperative filed with the Commission and are Licensee proposes to revise the team meeting will follow the agency available for public inspection: boundary of the Upper North Fork scoping meeting. Feather River Project, FERC No. 2105. 1a. Type of filing: Notice of Intent to The revision to project boundary would Meeting Procedures File Application for New License. exclude a 30.84-acre portion of land The meeting will be conducted b. Project No.: 2055–000. adjacent to Lake Almanor. This land according to the procedures used at c. Date filed: November 28, 1995. would be used by Chester Public Utility Commission scoping meetings. Because d. Submitted By: Idaho Power District for expansion of an existing this meeting will be a NEPA scoping Company, current licensee. wastewater treatment facility. meeting, the Commission will not e. Name of Project: C.J. Strike. l. This notice also consists of the conduct another NEPA scoping meeting f. Location: On the Snake River, in following standard paragraphs: B, C1, when the application and EA are filed Owyhee and Elmore Counties, Idaho. and D2. with the Commission in April 1998. g. Filed Pursuant to: Section 15 of the 3a. Type of Application: Surrender of Instead, Commission staff will attend Federal Power Act, 18 CFR 16.6 of the Conduit Exemption. the meeting held on February 8, 1996. Commission’s regulations. b. Project No: 3235–003. The meetings will be recorded by a h. Effective date of original license: c. Date Filed: November 20, 1995. stenographer and, thereby, will become December 1, 1950. d. Exemptee: Greater Lawrence a part of the formal record of the i. Expiration date of original license: Sanitary District. proceedings on the Curtis/Palmer Falls November 30, 2000. Project. Individuals presenting e. Name of Project: Greater Lawrence. j. The project consists of: (1) A 115- statements at the meetings will be asked f. Location: Merrimack Canal, Essex foot-high earthfill dam impounding a to identify themselves for the record. County, MA. Concerned parties are encouraged to reservoir with surface area of 7,500 g. Pursuant to: Federal Power Act, 16 offer verbal guidance during public acres at surface elevation of 2,455 feet U.S.C. §§ 791(a)–825(r). meetings. Speaking time allowed for mean sea level; (2) a reinforced concrete h. Exemptee Contact: Richard S. individuals will be determined before intake structure; (3) three 25-foot- Hogan, P.E., Executive Director, Greater each meeting, based on the number of diameter, 300-foot-long steel penstocks; Lawrence Sanitary District, 240 Charles persons wishing to speak and the (4) a reinforced concrete powerhouse Street, North Andover, MA 01845–1649, approximate amount of time available with a total installed capacity of 82,800 (508) 685–1612. for the session, but all speakers will be kilowatts; and (5) other appurtenances. i. FERC Contact: Dean C. Wight, (202) provided at least five minutes to present k. Pursuant to 18 CFR 16.7, 219–2675. their views. information on the project is available j. Comment Date: February 23, 1996. Persons choosing not to speak but at: Rober W. Stahman, Idaho Power k. Description of Proposed Action: wishing to express an opinion, as well Company, 1221 West Idaho Street, P.O. The existing project consists of a turbine as speakers unable to summarize their Box 70, Boise, ID 83707, (208) 388– located in the outfall pipe of the positions within the allotted time, may 2676. exemptee’s wastewater treatment plant. submit written statements for inclusion l. FERC contact: Hector M. Perez, The exemptee states that the project is in the public record. (202) 219–2843. currently non-operational due to turbine Written scoping comments may also m. Pursuant to 18 CFR 16.9(b)(1) each failure and that it will undertake be mailed to Robert Hunziker, application for a new license and any priority facility improvements rather International Paper Company, Two competing license applications must be than replace the turbine. 2814 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

l. This notice also consists of the would be 6,300 megawatt-hours for the playground, swimming area, hiking following standard paragraphs: B, C1, constructed project.1 trails, a civic building, and parking D2. m. Purpose of Project: Project power areas. 4a. Type of Application: Surrender of would be utilized by the applicant for l. This notice also consists of the License. sale to its customers. following standard paragraphs: B, C1 b. Project No.: 8404–022. n. This notice also consists of the and D2. c. Date Filed: December 18, 1995. following standard paragraphs: A4 and Standard Paragraphs d. Licensee: Windsor Locks Canal D10. A4. Development Application— Company. o. Available Location of Application: Public notice of the filing of the initial e. Name of Project: Windsor Locks A copy of the application, as amended development application, which has Project. and supplemented, is available for already been given, established the due f. Location: Connecticut River, inspection and reproduction at the date for filing competing applications or Hartford County, CT. Commission’s Public Reference and notices of intent. Under the g. Pursuant to: Federal Power Act, 16 Files Maintenance Branch, located at Commission’s regulations, any U.S.C. §§ 791(a)–825(r). 888 First Street, N.E., Room 1–A, competing development application h. Licensee Contact: W. F. Fitzpatrick, Washington, D.C., 20426, or by calling must be filed in response to and in General Manager, Windsor Locks Canal (202) 208–1371. A copy is also available compliance with public notice of the Company, 2 Elm Street, Windsor Locks, for inspection and reproduction at Consolidated Hydro Maine, Inc., initial development application. No CT 06096, (860) 654–8300. competing applications or notices of i. FERC Contact: Dean C. Wight, (202) Andover Business Park, 200 Bulfinch Drive, Andover, Massachusetts, 01810, intent may be filed in response to this 219–2675. notice. j. Comment Date: February 23, 1996. or by calling Wayne E. Nelson at (508) 681–1900. B. Comments, Protests, or Motions to k. Description of Proposed Action: Intervene—Anyone may submit The licensee proposes to surrender the 6a. Type of Application: Lease Project comments, a protest, or a motion to license because it has determined that Lands for Proposed Recreational Park. intervene in accordance with the development of the project is not b. Project No.: 2146–074. requirements of Rules of Practice and economically feasible. c. Date Filed: November 14, 1995. Procedure, 18 CFR 385.210, .211, .214. l. This notice also consists of the d. Applicant: Alabama Power In determining the appropriate action to following standard paragraphs: B, C1, Company. take, the Commission will consider all and D2. e. Name of Project: Coosa River protests or other comments filed, but 5a. Type of Application: Original Hydroelectric Project. only those who file a motion to License. f. Location: About 150 acres of land intervene in accordance with the b. Project No.: 11472–000. on the Weiss Reservoir just south of the Commission’s Rules may become a c. Date Filed: April 8, 1994. city of Leesburg, Cherokee County, party to the proceeding. Any comments, d. Applicant: Consolidated Hydro Alabam. protests, or motions to intervene must Maine, Inc. g. Filed Pursuant to: 18 CFR 4.200. be received on or before the specified e. Name of Project: Burnham h. Applicant Contact: Mr. Jim Crew, comment date for the particular Hydroelectric Project. Alabama Power Company, 600 North application. f. Location: On the Sebasticook River 18th Street, P.O. Box 2641, Birmingham, C1. Filing and Service of Responsive in Somerset and Waldo Counties, AL 35291, (205) 250–4265. Documents—Any filings must bear in Maine. i. FERC Contact: Steve Hocking (202) all capital letters the title g. Filed pursuant to: Federal Power 219–2656. ‘‘COMMENTS’’, Act, 16 U.S.C. 791 (a)–825 (r). j. Comment Date: February 23, 1996. ‘‘RECOMMENDATIONS FOR TERMS h. Applicant Contact: Wayne E. k. Description of Amendment: AND CONDITIONS’’, ‘‘PROTEST’’, or Nelson, Consolidated Hydro Maine, Alabama Power Company, licensee for ‘‘MOTION TO INTERVENE’’, as Inc., c/o Consolidated Hydro, Inc., the Coosa River Hydroelectric Project, applicable, and the Project Number of Andover Business Park, 200 Bulfinch seeks Commission approval to grant a the particular application to which the Drive, Andover, MA 01810, (508) 681– lease to the Town of Leesbury (Town) to filing refers. Any of the above-named 1900. build a recreational park on project documents must be filed by providing i. FERC Contact: Thomas Dean (202) lands. The proposed lease is for about the original and the number of copies 219–2778. 150 acres of land adjacent to the Weiss provided by the Commission’s j. Deadline Date: See standard Reservoir just south of the Town. The regulations to: The Secretary, Federal paragraph D10. proposed recreational part would Energy Regulatory Commission, 888 k. Status of Environmental Analysis: eventually have the following facilities: First Street, N.E., Washington, D.C. This application has been accepted for a boat ramp, picnic area, bath house, 20426. A copy of any motion to filing and is ready for environmental amphitheater, camping area, intervene must also be served upon each analysis at this time. representative of the Applicant 1 The applicant proposed in its license l. Description of Project: The application to add a fourth turbine for generation specified in the particular application. constructed project would consist of: (1) at the dam to enable use of minimum flows released D2. Agency Comments—Federal, An existing dam and intake structure; to the bypassed reach. This would increase the state, and local agencies are invited to (2) an existing 304 acre reservoir; (3) an installed capacity to 1,430 kilowatts and the annual file comments on the described generation to 6,650 megawatt-hours. In response to existing powerhouse containing three our Scoping Document, the applicant stated in a application. A copy of the application generating units with a total installed letter dated December 18, 1995, that it will make may be obtained by agencies directly capacity of 1,050 kilowatts; (4) a a final decision regarding the addition of this unit from the Applicant. If an agency does substation and 34.5 kilovolt (kV) following the issuance and acceptance of the not file comments within the time license, based on equipment costs and energy transmission line; and (5) appurtenant market conditions, and minimum flow and specified for filing comments, it will be facilities. The applicant estimates that headpond fluctuations conditions in the license presumed to have no comments. One the total average annual generation order. copy of an agency’s comments must also Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2815 be sent to the Applicant’s the service list prepared by the Dated: January 24, 1996, Washington, D.C. representatives. Commission in this proceeding, in Lois D. Cashell, D4. Filing and Service of Responsive accordance with 18 CFR 4.34(b) and Secretary. Documents—The application is ready 385.2010. [FR Doc. 96–1527 Filed 1–26–96; 8:45 am] for environmental analysis at this time, D10. Filing and Service of Responsive BILLING CODE 6717±01±P and the Commission is requesting Documents—The application is ready comments, reply comments, for environmental analysis at this time, [Docket No. ER96±138±000] recommendations, terms and and the Commission is requesting conditions, and prescriptions. comments, reply comments, The Commission directs, pursuant to EnergyOnline, Inc.; Notice of Issuance recommendations, terms and section 4.34(b) of the regulations (see of Order conditions, and prescriptions. Order No. 533 issued May 8, 1991, 56 January 24, 1996. FR 23108, May 20, 1991) that all The Commission directs, pursuant to On October 24, 1995, as amended comments, recommendations, terms and section 4.34(b) of the regulations (see November 20, 1995, EnergyOnline, Inc. conditions and prescriptions concerning Order No. 533 issued May 8, 1991, 56 (EnergyOnline) submitted for filing a the application be filed with the FR 23108, May 20, 1991) that all Commission within 60 days from the comments, recommendations, terms and rate schedule under which issuance date of this notice. All reply conditions and prescriptions concerning EnergyOnline will engage in wholesale comments must be filed with the the application be filed with the electric power and energy transactions Commission within 105 days from the Commission within 60 days from the as a marketer. EnergyOnline also date of this notice. issuance date of this notice (March 18, requested waiver of various Commission Anyone may obtain an extension of 1996 for Project No. 11472–000). All regulations. In particular, EnergyOnline time for these deadlines from the reply comments must be filed with the requested that the Commission grant Commission only upon a showing of Commission within 105 days from the blanket approval under 18 CFR Part 34 good cause or extraordinary date of this notice (May 1, 1996 for of all future issuances of securities and circumstances in accordance with 18 Project No. 11472–000). assumptions of liability by CFR 385.2008. EnergyOnline. Anyone may obtain an extension of On January 5, 1996, pursuant to All filings must (1) bear in all capital time for these deadlines from the letters the title ‘‘PROTEST’’, ‘‘MOTION delegated authority, the Director, Commission only upon a showing of TO INTERVENE’’, ‘‘NOTICE OF Division of Applications, Office of good cause or extraordinary INTENT TO FILE COMPETING Electric Power Regulation, granted circumstances in accordance with 18 APPLICATION,’’ ‘‘COMPETING requests for blanket approval under Part CFR 385.2008. APPLICATION,’’ ‘‘COMMENTS,’’ 34, subject of the following: ‘‘REPLY COMMENTS,’’ All filings must (1) bear in all capital Within thirty days of the date of the ‘‘RECOMMENDATIONS,’’ ‘‘TERMS letters the title ‘‘COMMENTS’’, ‘‘REPLY order, any person desiring to be heard AND CONDITIONS,’’ or COMMENTS’’, or to protest the blanket approval of ‘‘PRESCRIPTIONS;’’ (2) set forth in the ‘‘RECOMMENDATIONS,’’ ‘‘TERMS issuances of securities or assumptions of heading the name of the applicant and AND CONDITIONS,’’ or liability by EnergyOnline should file a the project number of the application to ‘‘PRESCRIPTIONS;’’ (2) set forth in the motion to intervene or protest with the which the filing responds; (3) furnish heading the name of the applicant and Federal Energy Regulatory Commission, the name, address, and telephone the project number of the application to 888 First Street, N.E., Washington, D.C. number of the person protesting or which the filing responds; (3) furnish 20426, in accordance with Rules 211 intervening; and (4) otherwise comply the name, address, and telephone and 214 of the Commission’s Rules of with the requirements of 18 CFR number of the person submitting the Practice and Procedure (18 CFR 385.211 385.2001 through 385.2005. All filing; and (4) otherwise comply with and 385.214). comments, recommendations, terms and the requirements of 18 CFR 385.2001 Absent a request for hearing within conditions or prescriptions must set through 385.2005. All comments, this period, EnergyOnline is authorized forth their evidentiary basis and recommendations, terms and conditions to issue securities and assume otherwise comply with the requirements or prescriptions must set forth their obligations or liabilities as a guarantor, of 18 CFR 4.34(b). Agencies may obtain evidentiary basis and otherwise comply indorser, surety, or otherwise in respect copies of the application directly from with the requirements of 18 CFR 4.34(b). of any security of another person; the applicant. Any of these documents Agencies may obtain copies of the provided that such issuance or must be filed by providing the original application directly from the applicant. assumption is for some lawful object and the number of copies required by Any of these documents must be filed within the corporate purposes of the the Commission’s regulations to: The by providing the original and the applicant, and compatible with the Secretary, Federal Energy Regulatory number of copies required by the public interest, and is reasonably Commission, 888 First Street, N.E., Commission’s regulations to: The necessary or appropriate for such Washington, D.C. 20426. An additional Secretary, Federal Energy Regulatory purposes. copy must be sent to Director, Division Commission, 888 First Street, N.E., The Commission reserves the right to of Project Review, Office of Hydropower Washington, D.C. 20426. An additional require a further showing that neither Licensing, Federal Energy Regulatory copy must be sent to Director, Division public nor private interests will be Commission, at the above address. A of Project Review, Office of Hydropower adversely affected by continued copy of any protest or motion to Licensing, Federal Energy Regulatory approval of EnergyOnline’s issuances of intervene must be served upon each Commission, at the above address. Each securities or assumptions of liability. representative of the applicant specified filing must be accompanied by proof of Notice is hereby given that the in the particular application. A copy of service on all persons listed on the deadline for filing motions to intervene all other filings in reference to this service list prepared by the Commission or protests, as set forth above, is application must be accompanied by in this proceeding, in accordance with February 5, 1996. Copies of the full text proof of service on all persons listed in 18 CFR 4.34(b), and 385.2010. of the order are available from the 2816 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

Commission’s Public Reference Branch, The authorizations requested by Washington, D.C. 20426, a motion to 888 First Street, N.E. Washington, D.C. Lawrenceburg include: (1) a limited intervene or a protest in accordance 20426. jurisdiction certificate of public with the requirements of the Lois D. Cashell, convenience and necessity under Commission’s Rules of Practice and Secretary. Section 7(c) of the Natural Gas Act Procedure (18 CFR 385.214 or 385.211) [FR Doc. 96–1528 Filed 1–26–96;8:45am] (NGA) authorizing the transportation of and the Regulations under the Natural gas by Lawrenceburg for Cincinnati to Gas Act (18 CFR 157.10). All protests BILLING CODE 6717±01±M serve, for a period of between six and filed with the Commission will be 12 months, a small number of customers considered by it in determining the [Docket No. ER96±751±000] on Cincinnati’s distribution system; (2) appropriate action to be taken but will a certificate of public convenience and not serve to make the protestants parties Kentucky Utilities Company; Notice of necessity under Section 7(c) of the NGA to the proceeding. Any person wishing Filing to install and operate a 22.5-inch meter to become a party to a proceeding or to that will interconnect Lawrenceburg’s participate as a party in any hearing January 23, 1996. facilities with those of Cincinnati at the therein must file a motion to intervene Take notice that on December 18, Indiana-Ohio border; (3) pre-granted in accordance with the Commission’s 1995, Kentucky Utilities Company (KU), abandonment authorization for the Rules. tendered for filing information on certificates of public convenience and Take further notice that, pursuant to transactions that occurred during necessity requested herein; and (4) the authority contained in and subject to November 16, 1995 through November waiver of the Commission’s reporting the jurisdiction conferred upon the 30, 1995, pursuant to the Power and accounting requirements ordinarily Federal Energy Regulatory Commission Services Tariff accepted by the applicable to natural gas companies by Sections 7 and 15 of the Natural Gas Commission in Docket No. ER95–854– under the NGA and the Natural Gas Act and the Commission’s Rules of 000. Policy Act of 1978 and any waivers that Practice and Procedure, a hearing will Any person desiring to be heard or to the Commission may deem necessary. be held without further notice before the protest said filing should file a motion Lawrenceburg states that on or about Commission or its designee on this to intervene or protest with the Federal April 1, 1996, the Ohio Department of application. if no motion to intervene is Energy Regulatory Commission, 888 Transportation will commence filed within the time required herein, if First Street, N.E., Washington, D.C. construction work on a bridge on which the Commission on its own review of 20426, in accordance with Rules 211 certain Cincinnati facilities are located the matter finds that a grant of the and 214 of the Commission’s Rules of and that these facilities will have to be certificate is required by the public Practice and Procedure (18 CFR 385.211 removed for a period of approximately convenience and necessity. If a motion and 18 CFR 385.214). All such motions six to 12 months. Lawrenceburg states for leave to intervene is timely filed, or or protests should be filed on or before that the result of removing these if the Commission on its own motion February 2, 1996. Protests will be facilities is that a small portion of believes that a formal hearing is considered by the Commission in Cincinnati’s service territory, including required, further notice of such hearing determining the appropriate action to be 62 residential customers, one school, will be duly given. taken, but will not serve to make and two industrial customers, will not Under the procedure herein provided protestants parties to the proceeding. be able to receive natural gas absent for, unless otherwise advised, it will be Any person wishing to become a party either Lawrenceburg’s delivery of gas, as unnecessary for Lawrenceburg to appear must file a motion to intervene. Copies proposed herein, or the construction of or be represented at the hearing. costly temporary pipeline facilities. of this filing are on file with the Lois D. Cashell, Commission and are available for public Lawrenceburg states that pursuant to Secretary. inspection. a transportation agreement dated [FR Doc. 96–1487 Filed 1–26–96; 8:45 am] Lois D. Cashell, January 17, 1996 (Rate Schedule X–1), BILLING CODE 6717±01±M Secretary. Cincinnati will utilize its upstream capacity on Texas Gas Transmission [FR Doc. 96–1488 Filed 1–26–96; 8:45 am] Corporation (Texas Gas) and deliver gas [Docket No. CP96±49±001] BILLING CODE 6717±01±M to Lawrenceburg’s Guilford Station interconnection with Texas Gas. National Fuel Gas Supply Corporation; [Docket No. CP96±145±000] Lawrenceburg states that it will take Notice of Petition To Vacate In-Part delivery of Cincinnati’s gas and Lawrenceburg Gas Company; Notice redeliver the gas at its interconnection January 23, 1996. of Application with Cincinnati at the Indiana-Ohio Take notice that on January 18, 1996, border. Lawrenceburg anticipates that it National Fuel Gas Supply Corporation January 23, 1996. will deliver a total of between 150,000 (National), 10 Lafayette Square, Buffalo, Take notice that on January 18, 1996, and 325,000 Dth during the period of New York 14203, filed in Docket No. Lawrenceburg Gas Company the service described herein. CP96–49–001 a ‘‘Notice of Continuation (Lawrenceburg), 139 East Fourth Street, Lawrenceburg states that the proposed of Service’’ stating that National would Cincinnati, OH 45202, filed in Docket service will not adversely affect continue service to Boston Gas No. CP96–145–000 an application Lawrenceburg’s nonjurisdictional Company (Boston Gas) under National’s pursuant to Section 7(c) of the Natural distribution service due to the limited SS–2 Rate Schedule, all as more fully Gas Act for limited authorizations in volumes delivered and limited facilities set forth in the amendment on file with connection with providing utilized by the proposed service. the Commission and open to public transportation service for the Cincinnati Any person desiring to be heard or to inspection. Gas & Electri Company (Cincinnati), all make any protest with reference to said On December 19, 1995, the as more fully set forth in the application application should on or before Commission issued an order in Docket on file with the Commission and open February 13, 1996, file with the Federal No. CP96–49–000, granting the to public inspection. Energy Regulatory Commission, authority requested by National on Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2817

November 3, 1995, to abandon storage Texas 77002, filed a request with the Any party, as defined by 18 CFR service to Boston Gas under National’s Commission in Docket No. CP96–136– 385.102(c), or any participant, as SS–2 Rate Schedule and to abandon 000 pursuant to Sections 157.205 and defined by 18 CFR 385.102(b), is invited storage service to three other customers 157.211 of the Commission’s to attend. Persons wishing to become a (Orange & Rockland Utilities, Inc., Penn Regulations under the Natural Gas Act party must move to intervene and Fuel Gas, Inc. and The Southern (NGA) to construct and operate certain receive intervenor status pursuant to the Connecticut Gas Company), effective facilities in Logan County, Arkansas, Commission’s regulations (18 CFR April 1, 1996.1 authorized in blanket certificate issued 385.214). National states that following the in Docket No. CP82–384–000 and CP82– For additional information, please filing of National’s application, National 284–001, all as more fully set forth in contact Betsy R. Carr at (202) 208–1240 and Boston Gas entered into the request on file with the Commission or Russell B. Mamone at (202) 208– negotiations over the continuation of and open to public inspection. 0740. Boston Gas’ SS–2 service. National NGT proposes to construct and Lois D. Cashell, states that these negotiations have operate a 2-inch tap and 1-inch first-cut Secretary. culminated in an agreement extending regulator on NGT’s Line BT–14 in [FR Doc. 96–1529 Filed 1–26–96; 8:45am] the primary term of Boston Gas’ SS–2 Section 29,Township 8 North, Range 25 BILLING CODE 6717±01±M service agreement through March 31, West, Logan County, Arkansas. NGT 1998. National states that, in this regard, states that the gas would be delivered to National is authorized by Boston Gas to ARKLA, a distribution division of Western Area Power Administration state that Boston Gas rescinds its notice NorAm Energy Crop. (AKRLA). NGT of termination given to National in further states that the volumes to be Proposed Power Allocation March, 1995. National states that it delivered to this meter station would be Procedures and Call for Applications, deletes Boston Gas from the services it approximately 600 MMBtu annually Post-2000 Resource PoolÐPick-Sloan proposed to terminate. and 2.5 MMBtu on a peak day. The Missouri Basin Program, Eastern The Commission will treat National’s estimated cost of construction of the tap Division Notice of Continuation of Service as a and first-cut regulator would be $2,700, AGENCY: Western Area Power petition to vacate in-part the which would be reimbursed by ARKLA. Administration, DOE. authorization granted pursuant to Any person or the Commission’s staff ACTION: Notice of Proposed Allocation Section 7(b) in Docket No. CP96–49– may, within 45 days after the Procedures and Call for Applications. 000. Commission has issued this notice, file Any person desiring to be heard or to pursuant to Rule 214 of the SUMMARY: Western Area Power make any protest with reference to said Commission’s Procedural Rules (18 CFR Administration (Western), a Federal petition should on or before February 7, 385.214) a motion to intervene or notice power marketing agency of the 1996, file with the Federal Energy of intervention and pursuant to Section Department of Energy, is publishing this Regulatory Commission, Washington, 157.205 of the Regulations under the notice of proposed procedures to D.C. 20426, a motion to intervene or a NGA (18 CFR 157.205) a protest to the implement Subpart C—Power Marketing protest in accordance with the request. If no protest is filed within the Initiative of the Energy Planning and requirements of the Commission’s Rules allowed time, the proposed activity Management Program Final Rule, 10 of Practice and Procedure (18 CFR shall be deemed to be authorized CFR part 905, published at 60 FR 54151. 385.214 or 385.211) and the Regulations effective the day after the time allowed The Energy Planning and Management under the Natural Gas Act (18 CFR for filing a protest. If a protest is filed Program (Program), which was 157.10). All protests filed with the and not withdrawn within 30 days after developed in part to implement section Commission will be considered by it in the time allowed for filing a protest, the 114 of the Energy Policy Act of 1992, determining the appropriate action to be instant request shall be treated as an became effective on November 20, 1995. taken but will not serve to make the application for authorization pursuant Subpart C of the Program provides for protestants parties to the proceeding. to Section 7 of the NGA. the establishment of project-specific Any person wishing to become a party Lois D. Cashell, resource pools and the allocation of to a proceeding or to participate as a Secretary. power from these pools to new party in any hearing therein must file a [FR Doc. 96–1486 Filed 1–26–96; 8:45 am] preference customers. These proposed motion to intervene in accordance with BILLING CODE 6717±01±M procedures, in conjunction with the the Commission’s Rules. Eastern Division, Pick-Sloan Missouri Lois D. Cashell, Basin Program Final Post-1985 Secretary [Docket Nos. RP94±149±000 and RP94±145± Marketing Plan (Post-1985 Marketing 000] [FR Doc. 96–1485 Filed 1–26–96; 8:45 am] Plan) (45 FR 71860) will establish the BILLING CODE 6717±01±M Pacific Gas Transmission; Notice of framework for allocating power from the Informal Settlement Conference resource pool to be established for the Pick-Sloan Missouri Basin Program— [Docket No. CP96±136±000] January 23, 1996. Eastern Division (PSMBP–ED). NorAm Gas Transmission Company; Take notice that an informal DATES: The comment period on the Notice of Request Under Blanket settlement conference will be convened proposed procedures will begin with the Authorization in this proceeding on Tuesday and publication of this notice in the Federal Wednesday, January 30–31, 1996, at Register and will end March 4, 1996. To January 23, 1996. 10:00 a.m., at the offices of the Federal be assured of consideration, all written Take notice that on January 16, 1996, Energy Regulatory Commission, 888 comments must be received by the end NorAm Gas Transmission Company First Street, N.E., Washington, DC, for of the comment period. Western will (NGT), 1600 Smith Street, Houston, the purpose of exploring the possible hold public information forums and settlement of the above-referenced public comment forums on the 1See 73 FERC ¶ 62,180 (1995). dockets. proposed procedures on February 14, 2818 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

15, and 16, 1996 at the following that time will be extended to existing Determination Act of 1975, 25 U.S.C. locations and times: customers. The remaining 4 percent 450b, as amended. (4%) will be placed in a resource pool February 14, 1996, Hilton Sioux Hotel, III. General Allocation Criteria 707 Fourth St., Sioux City, Iowa, from which power allocations to new Information forum—1 p.m. (not to customers will be made in accordance Western proposes to apply the exceed 2 hours), Comment forum— with these procedures and the Post-1985 following general allocation criteria to immediately following the Marketing Plan. applicants seeking an allocation of firm information forum power under the proposed Post 2000 The Proposed Post-2000 Resource Pool Resource Pool Allocation Procedures. February 15, 1996, Best Western Allocation Procedures Doublewood Inn, 3333 13th Avenue A. Allocations of firm power will be South, Fargo, North Dakota, These proposed procedures for the made in amounts as determined solely Information forum—1 p.m. (not to PSMBP–ED address (1) eligibility by Western in exercise of its discretion exceed 2 hours), Comment forum— criteria; (2) how Western plans to under Reclamation Law. immediately following the allocate the pool resources to new B. An allottee will have the right to information forum customers as provided for in the purchase such firm power only upon February 16, 1996, Holiday Inn, 1902 Program; and (3) the terms and the execution of an electric service LaCross Street, Rapid City, South conditions under which Western will contract between Western and the Dakota, Information forum—9 a.m. sell the power allocated. allottee, and satisfaction of all (not to exceed 2 hours), Comment I. Amount of Pool Resources conditions in that contract. forum—immediately following the C. Firm power allocated under these information forum Western proposes to allocate 4 procedures will be available only to new percent (4%) of the PSMBP–ED long- ADDRESSES: All written comments preference customers in the existing regarding these proposed procedures term firm hydroelectric resource PSMBP—ED marketing area. This should be directed to the following available as of January 1, 2001 as firm marketing area includes Montana (east address: Mr. Joel K. Bladow, Acting power (firm power) as provided for by of the Continental Divide), North Regional Manager, Upper Great Plains the Program. Firm power means Dakota, South Dakota, and specific areas Customer Service Region, Western Area capacity and associated energy allocated in western Iowa, western Minnesota and Power Administration, P.O. Box 35800, by Western and subject to the terms and eastern Nebraska. The marketing area of Billings, MT 59107–5800. conditions specified in the Western the PSMBP—ED is Montana east of the All documentation developed or electric service contract. Continental Divide, all of North and retained by Western for the purpose of II. General Eligibility Criteria South Dakota, Nebraska east of the 101° developing these procedures will be meridian, Iowa west of the 941⁄2° Western proposes to apply the available for inspection and copying at meridian, and Minnesota west of a line following general eligibility criteria to the Upper Great Plains Customer on the 941⁄2° meridian from the southern applicants seeking an allocation of firm Service Region located at the above boundary of the state to the 46° parallel power under the proposed Post-2000 address. and thence northwesterly to the Resource Pool Allocation Procedures. FOR FURTHER INFORMATION CONTACT: A. Qualified utility applicants and northern boundary of the state at the 1 ° Robert J. Harris, Assistant Area Manager qualified Native American applicants 96 ⁄2 meridian. for Engineering and Marketing, Upper must be preference entities in D. Allocations made to Native Great Plains Customer Service Region, accordance with section 9(c) of the American tribes will be based on Western Area Power Administration, Reclamation Project Act of 1939, 43 estimated load developed by the Native P.O. Box 35800, Billings, MT 59107– U.S.C. 485h(c), as amended and American Tribes. Inconsistent estimates 5800, (406) 247–7394. supplemented. will be adjusted by Western during the After all public comments have been B. Qualified utility applicants and allocation process. Western is willing to thoroughly considered, Western will qualified Native American applicants consult with the Tribes to develop load prepare and publish the Final Post 2000 must be located within the currently estimating methods assuring consistent Resource Pool Allocation Procedures in established PSMBP–ED marketing area. Native American load estimates across the Federal Register. C. Qualified utility applicants must the region. SUPPLEMENTARY INFORMATION: On not be currently receiving benefits, E. Allocations made to utility October 20, 1995, Western published directly or indirectly, from a current customers will be based on the loads the Final Rule for the Program. The rule PSMBP–ED firm power allocation. experienced in the 1994 summer season became effective on November 20, 1995. Qualified Native American applicants and the 1994–95 winter season. Western The goal of the Program is to require are not subject to this requirement. will use Mid-Continent Area Power Pool planning and efficient electric energy D. Qualified utility applicants must be data trends to adjust this data in order use by Western’s long-term firm power able to use the firm power directly or be to apply Post-1985 Marketing Plan customers and to extend Western’s firm able to sell it directly to retail criteria. power resource commitments. One customers. F. Energy provided with firm power aspect of the Program is the E. Qualified utility applicants must will be based upon the customer’s establishment of project-specific power have utility status by December 31, monthly system load factor. resource pools when existing resource 1996. Utility status means that the entity G. Any electric service contract commitments expire and the allocation has responsibility to meet load growth, offered to a new customer shall be of power from these pools to new has a distribution system, and is ready, executed by the customer within six (6) preference customers. willing, and able to purchase Federal months of a contract offer by Western, Existing resource commitments for power from Western on a wholesale unless otherwise agreed to in writing by the PSMBP–ED expire on December 31, basis. Western. 2000. In accordance with the Program, F. Qualified Native American H. The initial resource pool will be 96 percent (96%) of the firm power applicants must be a Native American dissolved subsequent to the closing date resources determined to be available at tribe as defined in the Indian Self for executing firm power contracts. Firm Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2819 power not under contract will be used Western’s Upper Great Plains Customer method and basis for this estimated as determined by Western. Service Region at P.O. Box 35800, demand. I. The minimum allocation shall be Billings, Montana 59107–5800, no later c. Resources: 100 kilowatts (kW). than the close of business on March 4, i. A list of current power supplies, J. The maximum allocation for utility 1996. including the applicant’s own customers shall be 5,000 kilowatts (kW). generation and purchases from others. K. Contract rates of delivery shall be A. Letter of Interest and Applicant For each supply, provide capacity and subject to adjustment in the future as Profile Data (APD) location. provided for in the Program. Each applicant must submit to the ii. Status of power supply contracts, L. If unanticipated obstacles to the Regional Manager, Upper Great Plains including a contract termination date. delivery of hydropower benefits to Customer Service Region, a Letter of Indicate whether power supply is on a Native American tribes arise, Western Interest in receiving firm power and the firm basis or some other type of retains the right to provide the appropriate APD as outlined below. arrangement. economic benefits of its resources d. Transmission: directly to the tribes. B. Applicant Profile Data i. Points of delivery: Provide the The content and format of the APD preferred point(s) of delivery on IV. General Contract Principles are outlined below. The information Western’s system or a third-party’s Western proposes to apply the should be submitted in the sequence system and the required service voltage. following general contract principles to listed. The applicant must provide all ii. Transmission arrangements: all applicants receiving an allocation of requested information or the most Describe the transmission arrangements firm power under the proposed Post reasonable available estimate. The necessary to deliver firm power to the 2000 Resource Pool Allocation applicant should note any requested requested points of delivery. Procedures. information that is not applicable. The e. Other Information: The applicant may provide any other A. Western shall reserve the right to APD must be typed and two copies information pertinent to receiving an reduce a customer’s summer season submitted by certified or return receipt allocation. contract rate of delivery by up to 5 requested mail to Western’s Upper Great percent (5.0%) for new project pumping f. Signature: Plains Customer Service Region by the The signature and title of an requirements, by giving a minimum of date specified above. The burden of appropriate official who is able to attest five (5) years’ written notice in advance ensuring consistency of the content of to the validity of the APD and who is of such action. both copies rests with the applicant. authorized to submit the request for B. Western, at its discretion and sole Western is not responsible for errors in allocation. determination, shall reserve the right to data or missing pages. All items of adjust the contract rate of delivery on information in the APD should be C. Western’s Consideration of five (5) years’ notice in response to answered as if prepared by the Applications changes in hydrology and river organization seeking the allocation. 1. When the APD is received by operations. Any such adjustments shall 1. The APD shall consist of the Western, Western will verify that the only take place after public process. following: general eligibility criteria set forth in C. Western shall assist the allottee in a. Applicant: section II has been met, and that all obtaining third-party transmission i. Applicant’s name and address. items requested in the APD have been arrangements for delivery of firm power ii. Person(s) representing applicant: provided. allocated under these proposed Please provide the name, address, title, a. Western will request in writing procedures to new customers; and telephone number of such additional information from any nonetheless, each allottee is ultimately person(s). applicant whose APD is determined to responsible for obtaining its own iii. Type of organization: For example, be deficient. The applicant shall have 15 delivery arrangements. municipality, rural electric cooperative, days from the date on Western’s letter D. Contracts entered into under the Native American tribe, state agency, of request to provide the information. proposed Post 2000 Resource Pool Federal agency. Please provide a brief b. If Western determines that the Allocation Procedures shall provide for description of the organization that will applicant does not meet the general Western to furnish firm electric service interact with Western on contract and eligibility criteria, Western will send a effective from January 1, 2001, through billing matters and whether the letter explaining why the applicant did December 31, 2020. organization owns and operates its own not qualify. E. The contracts entered into as a electric utility system. c. If the applicant has met the result of the proposed procedures shall iv. Applicable law under which eligibility criteria, Western will incorporate Western’s standard organization was established. determine the amount of firm power to provisions for power sales contracts, b. Loads: be allocated pursuant to the general integrated resource planning, and the i. Utility Customers: allocation criteria set forth in section III. general power contract provisions. (1) Number and type of customers Western will send a draft contract to the served; i.e., residential, commercial, applicant for review which identifies V. Applications for Firm Power industry, military base, agricultural. the terms and conditions of the offer Western requests all applications be (2) The actual monthly maximum and the amount of firm power allocated submitted in writing to the Regional demand in (kilowatts) and energy use to the applicant. Manager, Upper Great Plains Customer (in kilowatt-hours) experienced in the 2. All firm power shall be allocated Service Region, for an allocation of firm 1994 summer season (May 1994 through according to the procedures in the power under these procedures. October 1994) and the 1994–95 winter general allocation criteria set forth in Applications must be made only via season (November 1994 through April section III. certified, return receipt requested U.S. 1995). 3. Western reserves the right to mail. No other means of submitting ii. Native American Tribes: determine the amount of firm power to applications will be accepted. The (1) Estimated maximum demand in allocate to an applicant, as justified by applications must be received in kilowatts with a description of the the applicant in its APD. 2820 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

VI. Review Under the Regulatory ENVIRONMENTAL PROTECTION this collection of information was Flexibility Act AGENCY published on November 7, 1995, FR 56,148. The Regulatory Flexibility Act, 5 [FRL 5408±1] Burden Statement: The annual public U.S.C. 601 et seq., requires Federal reporting and record keeping burden for agencies to perform a regulatory Agency Information Collection Activities Under OMB Review; this collection of information for states flexibility analysis if a proposed is estimated to average 2 hours per regulation is likely to have a significant Measures of Success for Compliance Assistance Reporting Form response and for third-party economic impact on a substantial respondents it will average 1 hour per number of small entities. Western has AGENCY: Environmental Protection response. This estimate includes the determined that (1) this rulemaking Agency (EPA). time needed to review instructions; relates to services offered by Western, ACTION: None. develop, acquire, install, and utilize and, therefore, is not a rule within the technology and systems for purposes of purview of the Act, and (2) the impacts SUMMARY: In compliance with the collecting, validating, and verifying of an allocation from Western would not Paperwork Reduction Act (44 U.S.C. information, processing and cause an adverse economic impact on a 3501 et seq.), this notice announces that maintaining information, and disclosing substantial number of such entities. The the Information Collection Request (ICR) and providing information; adjust the requirements of this Act can be waived Measures of Success for Compliance existing ways to comply with any if the head of the agency certifies that Assistance Reporting Form abstracted previously applicable instructions and the rule will not, if promulgated, have below has been forwarded to the Office requirements; train personnel to a significant economic impact on a of Management and Budget (OMB) for respond to a collection of information; substantial number of small entities. By review and comment. The ICR describes search existing data sources; complete his execution of this Federal Register the nature of the information collection and review the collection of notice, Western’s Administrator certifies and its expected cost and burden; where information; and transmit or otherwise that no significant economic impact on appropriate, it includes the actual data disclose the information. No person is a substantial number of small entities collection instrument. required to respond to a collection of will occur. DATES: Comments must be submitted on information unless it displays a VII. Review Under the Paperwork or before February 28, 1996. currently valid OMB control number. Reduction Act FOR FURTHER INFORMATION OR A COPY The OMB control numbers for EPA’s CALL: Sandy Farmer at EPA, 202–260– regulations are displayed in 40 CFR Part In accordance with the Paperwork 2740, and refer to EPA ICR. No. 1758.02. 9. Reduction Act of 1980, 44 U.S.C. 3501– SUPPLEMENTARY INFORMATION: Respondents/Affected Entities: state and 3520, Western has received approval Title: Measures of Success for small businesses from the Office of Management and Compliance Assistance Reporting Form. Estimated No. of Respondents: 3,286 Budget (OMB) for the collection of (OMB Control No. XXXX–XXXX: EPA Estimated Total Annual Burden of customer information in this rule, under ICR No. 1758.02) This is a new Respondents: 5,830 Frequency of Collection: Annually control number 1910–1200. collection. Abstract: This will be a voluntary Send comments regarding the burden VIII. Review Under the National estimate, or any other aspect of the Environmental Policy Act collection of program information on the accomplishments of state and information collection, including Western has completed an regional compliance assistance suggestions for reducing the burden, to environmental impact statement on the programs. The information will be the following addresses. Please refer to Program, pursuant to the National collected so that EPA can better EPA ICR No. 1758.02 and OMB Control Environmental Policy Act of 1969 understand the effectiveness of No. XXXX–XXXX in any (NEPA). The Record of Decision was compliance assistance programs vis a correspondence. published in the Federal Register on vis enforcement programs and so that Ms. Sandy Farmer, U.S. Environmental October 12, 1995 (60 FR 53181). success stories can be shared between Protection Agency, Information Policy Western’s NEPA review will assure all state programs. This is a voluntary Branch (2136) 401 M Street, SW., environmental effects related to these information collection request. This Washington, DC 20460 procedures have been analyzed. information will be used by EPA’s and Office of Enforcement and Compliance Office of Information and Regulatory IX. Determination Under Executive Assurance (OECA) in order to evaluate Affairs, Office of Management and Order 12866 the effectiveness of regional and state Budget, Attention: Desk Officer for compliance assistance programs as a EPA, 725 17th St, NW., Washington, DOE has determined that this is not DC 20503. a significant regulatory action because it supplementary tool to traditional does not meet the criteria of Executive enforcement methods. EPA regions and Dated: January 11, 1996. Order 12866, 58 FR 51735. Western has state programs will also use the Joseph Retzer, an exemption from centralized information to learn about other Regulatory Information Division. regulatory review under Executive compliance assistance programs. An [FR Doc. 96–1556 Filed 1–26–96; 8:45 am] Order 12866; accordingly, no clearance agency may not conduct or sponsor, and BILLING CODE 6560±50±M of this notice by OMB is required. a person is not required to respond to, a collection of information unless it Issued in Golden, Colorado, January 19, displays a currently valid OMB control [FRL±5409±2] 1996. number. The OMB control numbers for J.M. Shafer, Acid Rain Program: Notice of Final EPA’s regulations are listed in 40 CFR Permits Administrator. Part 9 and 48 CFR Chapter 15. The [FR Doc. 96–1394 Filed 1–26–96; 8:45 am] Federal Register Notice required under AGENCY: Environmental Protection BILLING CODE 6450±01±P 5 CFR 1320.8(d), soliciting comments on Agency (EPA). Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2821

ACTION: Notice of permits. withheld from the total allowances The auction and sale regulations require allocated to utilities each year. Sales that offer forms be received by EPA no SUMMARY: The U.S. Environmental and auctions are expected to stimulate later than 15 business days prior to the Protection Agency (EPA) is approving 5- and support such a market in date of the auctions. year Phase I Acid Rain permits or allowances and to provide a public ADDRESSES: permit modifications including sulfur source of allowances, particularly to dioxide (SO2) and/or nitrogen oxides new units for which no allowances are U.S. EPA Acid Rain Division (6204J), (NOX) compliance plans in accordance allocated. Today, the Acid Rain Division Attn: Auctions and Sales, 401 M St., with the Acid Rain Program regulations is giving notice of the fourth annual SO2 S.W., Washington, DC 20460. (40 CFR parts 72 and 76), for the allowance auctions. The regulations Chicago Board of Trade, Attn: EPA following 21 utility plants: E C Gaston, governing the auctions and sales were Auctions, 141 W. Jackson Blvd., Suite Gadsden, Gorgas, and J.H. Miller in promulgated on December 17, 1991 (40 2240, Chicago, IL 60604. Alabama; Big Bend, Crist, Jack Watson, CFR Part 73, Subpart E). Lansing Smith, Scholz, and Victor J. EPA has delegated the administration Forms needed to participate in the Daniel in Florida; Arkwright, Harllee of the EPA allowance auctions to the EPA auctions are available from the Branch, McIntosh, Mitchell, Port Chicago Board of Trade (CBOT). The Acid Rain Division. To obtain forms, Wentworth, and Scherer in Georgia; auctions will be conducted under the call the Acid Rain Hotline at (202) 233– Dunkirk and Roseton in New York; and regulations cited above. Anyone can 9620. Harrison, Rivesville, and Willow Island participate in the EPA auctions and FOR FURTHER INFORMATION: Information in West Virginia. bidders are not restricted as to the on bidding in the 1996 EPA auctions FOR FURTHER INFORMATION CONTACT: quantity or price of their bid. can be found in the brochure ‘‘How to Contact the following persons for more Allowances sold at the auctions will be Bid in the EPA SO2 Allowance information about a permit listed in this sold to the highest bidder until no Auctions, Fourth Annual Auctions— notice: for plants in Alabama, Florida, allowances remain. The 1996 auctions March 25, 1996;’’ general information and Georgia, call Scott Davis, (404) 347– will consist of one ‘‘spot’’ auction and on the EPA auctions can be found in the 5014; for plants in New York, call Gerry two ‘‘advance’’ auctions. Allowances ‘‘Acid Rain Program Allowance DeGaetano, (212) 637–4020; and for sold in the spot auction are useable for Auctions and Direct Sales’’ fact sheet. plants in West Virginia, call Linda compliance beginning in 1996. These publications can be obtained by Miller, (215) 597–7547. Allowances sold in the 6-year advance calling the Acid Rain Hotline, by auction are useable for compliance writing to EPA at the address listed Dated: January 23, 1996. beginning in 2002; allowances sold in above, or by accessing the Acid Rain Brian J. McLean, the 7-year advance auction are useable Program home page on the Internet at Director, Acid Rain Division, Office of for compliance beginning in 2003. http://www.epa.gov/docs/acidrain/ Atmospheric Programs, Office of Air and 25,000 allowances—the unsold ardhome.html where additional Radiation. allowances from the 1995 direct sale— information on the Acid Rain Program [FR Doc. 96–1547 Filed 1–26–96; 8:45 am] will be sold in the 6-year advance is also available. BILLING CODE 6560±50±P auction, 150,000 allowances will be sold Dated: January 19, 1996. in the spot auction and 100,000 Brian J. McLean, [FRL±5409±3] allowances will be sold in the 7-year advance auction. Bid Forms for the 1996 Director, Acid Rain Division. Clean Air Act; Acid Rain Provisions auctions must be received by the CBOT [FR Doc. 96–1548 Filed 1–26–96; 8:45 am] by the close of business on March 19, BILLING CODE 6560±50±P AGENCY: Environmental Protection 1996. The auctions themselves will be Agency. conducted on March 25, 1996, with the ACTION: Notice of the 1996 EPA SO2 results announced the next day. [FRL±5408±4] Allowance Auctions. All bids in previous auctions were required to be in whole dollars. Notice of Rechartering of the Local SUMMARY: Pursuant to Title IV of the Beginning with the March 1996 Government Advisory Committee Clean Air Act and 40 CFR Part 73, the auctions, bids will be accepted in EPA is responsible for implementing a increments of $0.01. The Environmental Protection program to reduce emissions of sulfur CBOT will also sell in the 1996 Agency’s (EPA) Local Government dioxide (SO2), a precursor of acid rain. auctions any spot, 6-year advance, or 7- Advisory Committee (LGAC) has been The centerpiece of the SO2 control year advance allowances that are offered rechartered through December 31, 1997, program is the allocation of transferable by others holding allowances in EPA’s as a necessary committee which is in allowances, or authorizations to emit Allowance Tracking System. However, the public interest, and in accordance SO2, which are distributed in limited offered allowances will be sold after the with the provisions of the Federal quantities for existing utility units and allowances that were withheld from the Advisory Committee Act (FACA). The which eventually must be held by utilities, so offered allowances will purpose of the LGAC is to provide virtually all utility units to cover their consequently be sold at a lower price authoritative analysis and advice to the SO2 emissions. These allowances may than the withheld allowances. Owners EPA Administrator regarding how to be transferred among polluting sources of offered allowances may set a achieve more effective and efficient and others, so that market forces may minimum price for their allowances. implementation of Federal govern their ultimate use and However, under 40 CFR § 73.70, such environmental programs by local distribution, resulting in the most cost- offered allowances must have a governments. The Committee effective sharing of the emissions minimum price in whole dollars. To membership is balanced with control burden. In addition, EPA is offer allowances in the EPA auctions, representation from Local and State directed under Section 416 of the Act to owners of allowances must submit a government officials, Congressional conduct annual sales and auctions of a SO2 Allowance Offer Form to EPA by staff, environmental interest groups, and small portion of allowances (2.8%) the close of business on March 1, 1996. labor unions. 2822 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

Dated: January 22, 1996. a.m. and 3:30 p.m., Monday through Resources (Contract Number 68-W5- Shelley H. Metzenbaum, Friday, at the following offices: 0037). Associate Administrator, Office of Regional Arkansas Department of Health, FOR FURTHER INFORMATION CONTACT: Operations and State/Local Relations. Engineering Division, 4815 West Susan B. Hazen, Director, [FR Doc. 96–1551 Filed 1–26–96; 8:45 am] Markham Street, Little Rock, AR Environmental Assistance Division BILLING CODE 6560±50±P 72205 Louisiana Department of Health and (7408), Office of Pollution Prevention Hospitals, Office of Public Health— and Toxics, Environmental Protection [FRL±5406±2] Engineering, 325 Loyola Avenue, New Agency, Rm. E-545, 401 M St., SW., Washington, DC 20460, (202) 554-1404, Public Water Supply Supervision Orleans, LA 70112 New Mexico Environment Department, TDD: (202) 554-0551, e-mail: TSCA- Program, Program Revision for the [email protected]. States of Arkansas, Louisiana, New Drinking Water Bureau, 525 Camino de los Marquez, Suite 4, Santa Fe, NM Mexico, Oklahoma and Texas SUPPLEMENTARY INFORMATION: In the fall 87502 of 1995, the State of New York Oklahoma Department of Environmental AGENCY: Environmental Protection Department of Environmental Agency. Quality, Water Quality Division, 1000 Conservation (Contract Number 68-W5- ACTION: Notice. N.E. 10th Street, Oklahoma City, OK 73117 0040), Illinois Environmental Protection SUMMARY: Notice is hereby given that Texas Natural Resource Conservation Agency (Contract Number 68-W5-0039), the States of Arkansas, Louisiana, New Commission, Water Utilities Division, Georgia Department of Natural Mexico, Oklahoma and Texas are 12015 Park 35 Circle, Bldg F, Suite Resources (Contract Number 68-W5- revising their approved State Public 3202, Austin, TX 78753 0038), and Wisconsin Department of Water Supply Supervision Primacy Regional Administrator, Environmental Natural Resources (Contract Number 68- Program. These States have adopted Protection Agency, Region 6, 1445 W5-0037), each were retained as EPA drinking water regulations for Lead and Ross Avenue, Dallas, Texas 75202– contractors to review information Copper, and National Primary Drinking 2733. directed to EPA under the authority of Water Regulation Implementation FOR FURTHER INFORMATION CONTACT: the Toxic Substances Control Act promulgated by EPA on June 7, 1991 (56 Oscar Cabra Jr., P.E., Chief, EPA, Region (TSCA), including confidential business FR 26460). EPA has determined that 6, Source Water Protection Branch, at information (CBI). The purpose of the these State program revisions are no less the Dallas address given above; contracts is to have the states determine stringent than the corresponding telephone (214) 665–7150. the value of TSCA derived information Federal regulations. Therefore, EPA has (Sec. 1413 of the Safe Drinking Water Act, as to their respective toxics programs. By tentatively decided to approve these amended, (1986) and 40 CFR 142.10 of the the terms of the contracts, access to State program revisions. National Primary Drinking Water TSCA CBI could be as long as 120 days All interested parties are invited to Regulations) after the date of contract request a public hearing. A request for Dated: December 14, 1995. commencement. a public hearing must be submitted by A. Stanley Meiburg, February 28, 1996 to the Regional As a result of the furlough of EPA Acting Regional Administrator. personnel and the closure of the Federal Administrator at the address shown [FR Doc. 96–1552 Filed 1–26–96; 8:45 am] below. Frivolous or insubstantial government for significant portions of BILLING CODE 6560±50±P requests for a hearing may be denied by the contract period, the state contractors the Regional Administrator. However, if were not able to access data or secure a substantial request for a public hearing [OPPTS±140241; FRL±4995±6] necessary Agency personnel assistance is made by February 28, 1996, a public so as to adequately perform the hearing will be held. If no timely and Access to Confidential Business contracts. Information by Contractors; Extension appropriate request for a hearing is For this reason, the Agency has received and the Regional Administrator of Contracts and Access to Confidential Information determined that access to TSCA CBI does not elect to hold a hearing on his should be extended another 60 days, to own motion, this determination shall AGENCY: Environmental Protection insure that the state contractors have become effective on February 28, 1996. Agency (EPA). sufficient time to address the issue of A request for a public hearing shall ACTION: Notice. the utility of TSCA data to state include the following: (1) The name, programs. Additional information may address, and telephone number of the SUMMARY: Due to the lack of authorized be secured from Scott Sherlock, the EPA individual, organization, or other entity funding (i.e. a Fiscal Year 1996 staffer assigned to this project, at requesting a hearing. (2) A brief Appropriations Bill or Continuing statement of the requesting person’s telephone number (202) 260-1536; e- Resolution) and the resultant furlough mail: [email protected]. interest in the Regional Administrator’s of EPA employees, EPA is extending the determination and of information that contracts and access to confidential List of Subjects the requesting person intends to submit business information of four state at such hearing. (3) The signature of the agencies serving as contractors to EPA, Environmental protection, Access to individual making the request; or, if the the State of New York Department of confidential businesss information. request is made on behalf of an Environmental Conservation (Contract Dated: January 23, 1996. organization or other entity, the Number 68-W5-0040), Illinois Linda A. Travers, signature of a responsible official of the Environmental Protection Agency organization or other entity. Director, Information Management Division, (Contract Number 68-W5-0039), Georgia Office of Pollution Prevention and Toxics. ADDRESSES: All documents relating to Department of Natural Resources [FR Doc. 96–1539 Filed 1–26–96; 8:45 am] this determination are available for (Contract Number 68-W5-0038), and inspection between the hours of 9:00 Wisconsin Department of Natural BILLING CODE 6560±50±F Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2823

[FRL±5405±8] [FRL±5409±1] administrative settlement pursuant to Section 122(h)(1) of CERCLA, 42 U.S.C. Notice of Proposed Administrative Proposed Settlement; J & A 9622(h)(1) regarding the Kin-Buc Cost Recovery Agreement Under Enterprises Site Landfill Superfund Site (the ‘‘Kin-Buc Section 122(h)(1) of the AGENCY: Site’’). Comprehensive Environmental Environmental Protection Agency. The Kin-Buc Site is located in Edison Response, Compensation, and Liability Township, Middlesex County, New ACTION: Notice of proposed settlement. Act, Regarding the GE/Moreau Site, Jersey and is listed on the National Moreau, New York SUMMARY: Under Section 122(h) of the Priorities List established under Section 105 of CERCLA. This notice is being AGENCY: Environmental Protection Comprehensive Environmental Agency. Response, Compensation and Liability published pursuant to Section 122(i) of Act (CERCLA), the Environmental CERCLA to inform the public of the ACTION: Notice of proposed Protection Agency (EPA) has proposed proposed settlement and of the administrative agreement and opportunity to comment. EPA will opportunity for public comment. to settle claims for response costs at the J & A Enterprises Site (Site) located in consider any comments received during SUMMARY: In accordance with Section Huntsville, Alabama, with Ms. Addie the comment period and may withdraw 122(i) of the Comprehensive Atkinson, owner/operator of the Site, J or withhold consent to the proposed Environmental Response, & A Enterprises Leasing, and J & A settlement if comments disclose facts or Compensation, and Liability Act of Finishing Corporation, Inc. EPA will considerations which indicate that the 1980, as amended (‘‘CERCLA’’), 42 consider public comments on the proposed settlement is inappropriate, U.S.C. 9622(i), the U.S. Environmental proposed settlement for thirty days. EPA improper or inadequate. The administrative settlement would Protection Agency (‘‘EPA’’) Region II may withdraw from or modify the resolve the claims of the United States announces a proposed administrative proposed settlement should such against I.S.A. In New Jersey, Inc. settlement pursuant to Section 122(h)(1) comments disclose facts or (‘‘ISA’’) and Round Lake Sanitation of CERCLA, 42 U.S.C. 9622(h)(1), considerations which indicate the Corporation (‘‘Round Lake’’) with relating to the GE/Moreau Site (the proposed settlement is inappropriate, respect to their potential liability for ‘‘Site’’), Moreau, Saratoga County, New improper, or inadequate. Copies of the past costs incurred by EPA pursuant to York. This Site is on the National proposed settlement are available from: CERCLA in responding to the release Priorities List established pursuant to Ms. Paula V. Batchelor, U.S. and threatened release of hazardous Section 105(a) of CERCLA. This notice Environmental Protection Agency, substances at the Kin-Buc Site. The is being published to inform the public Region IV, Waste Programs Branch, settlement is memorialized in an of the proposed settlement and of the Waste Management Division, 345 Courtland Street, N.E., Atlanta, Georgia Administrative Cost-Recovery opportunity to comment. Agreement (‘‘Agreement’’). Under the The settlement, memorialized in an 30365; (404) 347–5059 ext. 6169. Agreement, ISA and Round Lake are Administrative Cost Recovery Written comment may be submitted to Mr. Greg Armstrong at the above obligated to pay $5,000 to the Agreement (‘‘Agreement’’), is being Hazardous Substances Superfund. The entered into by EPA and the General address within 30 days of the date of publication. payment is to be made from an escrow Electric Company (the ‘‘Respondent’’). account established for ISA and Round Under the Agreement, the Respondent Dated: January 17, 1996. Lake as stated below. The settlement is shall pay EPA the sum of $600,000 in Richard D. Green, based on the ability to pay of ISA and reimbursement of past response costs Acting Director, Waste Management Division. Round Lake in that these corporations incurred by EPA with respect to the [FR Doc. 96–1549 Filed 1–26–95; 8:45 am] are defunct and have no assets other Site. BILLING CODE 6560±50±M than the monies in escrow. DATES: EPA will accept written In 1991, ISA, Round Lake, and other comments relating to the proposed entities and individuals were indicted settlement for a period of thirty days [FRL±5404±4] by a grand jury empaneled in the United from the date of publication of this States District Court for the Southern Notice of Proposed Administrative notice. District of New York on numerous Settlement Pursuant to Section ADDRESSES: Comments should reference federal felony charges. According to a 122(h)(1) of the Comprehensive the GE/Moreau Superfund Site and EPA subsequent plea agreement, the assets of Environmental Response, Index No. II–CERCLA–95–0205. ISA and Round Lake, and other entities, Compensation, and Liability Act Comments and any requests for further were required to be sold to unrelated Regarding the Kin-Buc Landfill information, including requests for a third parties. In 1994, the United States Superfund Site copy of the Agreement, should be sent entered into an Agreement and to: Paul Simon, New York/Caribbean AGENCY: Environmental Protection Covenant Not To Sue under CERCLA Superfund Branch, Office of Regional Agency (EPA). with Browning-Ferris Industries of New Counsel, U.S. Environmental Protection ACTION: Notice of proposed York, Inc.; Browning-Ferris Industries of Agency, 290 Broadway, 17th Floor, New administrative settlement and Paterson, N.J., Inc.; and Browning-Ferris York, New York 10007–1866. opportunity for public comment. Industries of South Jersey, Inc. FOR FURTHER INFORMATION CONTACT: (collectively ‘‘BFI’’) regarding BFI’s Paul Simon at telephone: (212) 637– SUMMARY: In accordance with Section prospective purchase of the assets of 3172. 122(i) of the Comprehensive ISA, Round Lake, and the other entities. Environmental Response, BFI paid $250,000 to the United States Dated: December 1, 1996. Compensation, and Liability Act of for an Agreement and Covenant Not To William J. Muszynski, 1980, as amended (‘‘CERCLA’’), 42 Sue, of which $1,250 was allocated to Acting Regional Administrator. U.S.C. 9622(i), the United States the Kin-Buc Site, and the balance of [FR Doc. 96–1555 Filed 1–26–96; 8:45 am] Environmental Protection Agency which was allocated to three other BILLING CODE 6560±50±M (‘‘EPA’’), Region II announces an Superfund sites: The Warwick Landfill 2824 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

Superfund Site in Warwick, New York Dated: November 30, 1995. was approved by EPA Region I on (the ‘‘Warwick Site’’), the Hertel William Muszynski, December 12, 1995, subject to review by Landfill Superfund Site in the Town of Acting Regional Administrator. the public pursuant to this Notice. Plattekill, New York (the ‘‘Hertel Site’’) [FR Doc. 96–1464 Filed 1–26–96; 8:45 am] Michael Vining and David Vining, and the Ramapo Landfill Superfund Site BILLING CODE 6560±50±P individually, David Vining as trustee of in the Town of Ramapo, New York (the 20 Atlantic Avenue Realty Trust, and ‘‘Ramapo Site’’). BFI completed the Atlantic Packaging, Inc., collectively the [FRL±5404±2] acquisition of the assets of ISA, Round Settling Respondent, have executed a signature page committing them to Lake, and the other entities and, in Proposed Administrative Settlement connection therewith, ISA and Round Under the Comprehensive participate in the settlement. Under the Lake deposited $1,000,000 of the sale Environmental Response, proposed settlement, the Settling price into an escrow account established Compensation, and Liability Act; in re: Respondent is required to pay $30,000 to the Hazardous Substances Superfund, to resolve certain liability to the United Industri-Plex Superfund Site; Woburn, to abide by institutional controls and to States pursuant to CERCLA at the Kin- MA provide access to the property. EPA Buc Site, the Warwick Site, the Hertel AGENCY: U.S. Environmental Protection believes the settlement is fair and in the Site and the Ramapo Site. The balance Agency. public interest. of the proceeds of BFI’s purchase of the ACTION: Notice of proposed prospective EPA is entering into this agreement assets of ISA, Round Lake, and the other purchaser agreement and request for under the authority of CERCLA Section entities was used to pay other public comment. 101 et seq. which provides EPA with obligations of ISA and Round Lake authority to consider, compromise, and SUMMARY: The U.S. Environmental including $5,000,000 in criminal fines, settle a claim under Sections 106 and Protection Agency (EPA) is proposing to forfeitures and costs, $3,500,000 in 107 of CERCLA for costs incurred by the enter into a prospective purchaser federal and state tax liability, and United States if the claim has not been agreement to address claims under the $300,000 of liabilities to other creditors. referred to the U.S. Department of Comprehensive Environmental The remedial action which has been Justice for further action. The U.S. Response, Compensation and Liability Department of Justice will have selected at the Kin-Buc Site is being Act of 1980, as amended (CERCLA), 42 approved this settlement in writing implemented by parties other than ISA U.S.C. 9601 et seq. Notice is being prior to the agreement becoming or Round Lake. The bulk of EPA’s past published to inform the public of the effective. EPA will receive written costs at the Kin-Buc Site have been proposed settlement and of the comments relating to this settlement for recovered from parties other than ISA or opportunity to comment. The settlement thirty (30) days from the date of Round Lake, and the remaining costs at is intended to resolve the liability under publication of this Notice. the Kin-Buc Site may be recovered from CERCLA of Michael Vining and David parties other than ISA or Round Lake. Vining, individually, David Vining as A copy of the proposed administrative settlement may be obtained in person or Pursuant to CERCLA Section trustee of 20 Atlantic Avenue Realty by mail from Daniel H. Winograd, U.S. 122(h)(1), the prior written approval of Trust, and Atlantic Packaging, Inc. for Environmental Protection Agency, JFK the Attorney General is required for the injunctive relief or for costs incurred or Federal Building, Mailcode RCT, administrative settlement under to be incurred by EPA in conducting response actions at the Industri-Plex Boston, Massachusetts 02203, (617) CERCLA between EPA and ISA and 565–3686. Round Lake. In satisfaction of that Superfund Site in Woburn, The Agency’s response to any requirement, the Attorney General or Massachusetts. comments received will be available for her designee has approved the proposed DATES: Comments must be provided on public inspection with the Docket Clerk, settlement in writing. or before February 28, 1996. ADDRESSES: Comments should be U.S. Environmental Protection Agency, DATES: Comments must be submitted on addressed to the Docket Clerk, U.S. Region I, JFK Federal Building, or before February 28, 1996. Environmental Protection Agency, Mailcode RCG, Boston, Massachusetts Region I, JFK Federal Building, (U.S. EPA Docket No. CERCLA–I–96– ADDRESSES: Comments should be 1010). addressed to the EPA at the address Mailcode RCG, Boston, Massachusetts listed below, and should refer to ‘‘Kin- 02203, and should refer to: In re: David Dated: December 13, 1995. Buc Landfill Superfund Site, EPA Index Vining as trustee of 20 Atlantic Realty John DeVillars, Trust, Woburn, Massachusetts, U.S. EPA No. II CERCLA–95–0114’’. Interested Regional Administrator. Docket No. CERCLA–I–96–1010. parties may contact the individual listed [FR Doc. 96–1541 Filed 1–26–96; 8:45 am] FOR FURTHER INFORMATION CONTACT: below to receive a copy of either or both BILLING CODE 6560±50±P Daniel H. Winograd, U.S. administrative settlement agreements, or Environmental Protection Agency, J.F.K. to make an appointment to examine Federal Building, Mailcode RCT, [FRL±5404±1] either or both administrative settlement Boston, Massachusetts 02203, (617) agreements at EPA Region II, 290 565–3686. Broadway, New York, NY, 10007. Notice of Proposed Prospective SUPPLEMENTARY INFORMATION: In Purchaser Agreement Pursuant to the FOR FURTHER INFORMATION CONTACT: accordance with the Comprehensive Comprehensive Environmental Michael A. Mintzer, Assistant Regional Environmental Response, Compensation Response, Compensation and Liability Counsel, NY/Caribbean Superfund and Liability Act of 1980, as amended Act of 1980, as Amended by the Branch, Office of Regional Counsel, (CERCLA), 42 U.S.C. § 9601 et seq., Superfund Amendments and Environmental Protection Agency, 290 notice is hereby given of a proposed Reauthorization Act Broadway, New York, N.Y. 10007, prospective purchaser agreement telephone: (212) 637–3168. concerning the Industri-Plex Superfund AGENCY: Environmental Protection Site in Woburn, MA. The settlement Agency (EPA). Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2825

ACTION: Notice; Request for public Dated: December 12, 1995. account established for ISA and Round comment. Delores Platt, Lake as stated below. The settlement is Acting Regional Administrator. based on the ability to pay of ISA and SUMMARY: Notice is hereby given that a [FR Doc. 96–1400 Filed 1–26–96; 8:45 am] Round Lake in that these corporations proposed prospective purchaser BILLING CODE 6560±50±M are defunct and have no assets other agreement associated with the Kansas than the monies in escrow. City Structural Steel Site located in In 1991, ISA, Round Lake, and other Wyandotte County Kansas was executed [FRL±5404±3] entities and individuals were indicted by the Agency on October 25, 1995 and by a grand jury empaneled in the United executed by the United States Notice of Proposed Administrative States District Court for the Southern Department of Justice on November 29, Settlement Pursuant to Section District of New York on numerous 1995. This agreement is subject to final 122(h)(1) of the Comprehensive federal felony charges. According to a approval after the comment period. The Environmental Response, subsequent plea agreement, the assets of Prospective Purchaser Agreement would Compensation, and Liability Act ISA and Round Lake, and other entities, resolve certain potential EPA claims Regarding the Ramapo Landfill were required to be sold to unrelated under Section 106 of the Superfund Site third parties. In 1994, the United States Comprehensive Environmental entered into an Agreement and AGENCY: Environmental Protection Response, Compensation and Liability Covenant Not To Sue under CERCLA Agency, (EPA). Act of 1980, as amended by the with Browning-Ferris Industries of New Superfund Amendments and ACTION: Notice of proposed York, Inc.; Browning-Ferris Industries of Reauthorization Act of 1986 administrative settlements and Paterson, N.J., Inc.; and Browning-Ferris (‘‘CERCLA’’), against ECI Development opportunity for public comment. Industries of South Jersey, Inc. Corporation, the prospective purchaser (collectively ‘‘BFI’’) regarding BFI’s SUMMARY: In accordance with Section (‘‘the purchaser’’). prospective purchase of the assets of 122(i) of the Comprehensive The settlement would require the ISA, Round Lake, and the other entities. Environmental Response, purchaser to perform operation and BFI paid $250,000 to the United States Compensation, and Liability Act of maintenance actions at the property for an Agreement and Covenant Not To 1980, as amended (‘‘CERCLA’’), 42 which includes maintaining the Sue, of which $5,000 was allocated to U.S.C. 9622(i), the United States protective cover over potentially the Ramapo Site, and the balance of Environmental Protection Agency contaminated soil on site. The which was allocated to three other (‘‘EPA’’), Region II announces a purchaser must comply with the Superfund sites: the Warwick Landfill proposed administrative settlement institutional controls selected by the Superfund Site in Warwick, New York pursuant to Section 122(h)(1) of EPA and must provide EPA access to (the ‘‘Warwick Site’’) the Hertel Landfill CERCLA, 42 U.S.C. 9622(h)(1) regarding the Site. Superfund Site in the Town of the Ramapo Landfill Superfund Site (the For thirty (30) days following the date Plattekill, New York (the ‘‘Hertel Site’’) ‘‘Ramapo Site’’). of publication of this notice, the Agency and the Kin-Buc Landfill Superfund Site The Ramapo Site is located in the will receive written comments relating in Edison Township, New Jersey (the Town of Ramapo, Rockland County, to the proposed settlement. The ‘‘Kin-Buc Site’’). BFI completed the New York, and is listed on the National Agency’s response to any comments acquisition of the assets of ISA, Round Priorities List established under Section received will be available for public Lake, and the other entities and, in 105 of CERCLA. This notice is being inspection at the U.S. Environmental connection therewith, ISA and Round published pursuant to Section 122(i) of Protection Agency, Region VII, 726 Lake deposited $1,000,000 of the sale CERCLA to inform the public of the Minnesota Avenue, Kansas City, Kansas price into an escrow account established proposed settlement and of the 66101. to resolve certain liability to the United opportunity to comment. EPA will States pursuant to CERCLA at the DATES: Comments must be submitted on consider any comments received during or before [date]. Ramapo Site, the Warwick Site, the the comment period and may withdraw Hertel Site and the Kin-Buc Site. The AVAILABILITY: The proposed settlement is or withhold consent to the proposed balance of the proceeds of BFI’s available for public inspection at the settlement if comments disclose facts or purchase of the assets of ISA, Round U.S. Environmental Protection Agency, considerations which indicate that the Lake, and the other entities was used to Region VII, 726 Minnesota Avenue, proposed settlement is inappropriate, pay other obligations of ISA and Round Kansas City, Kansas 66101. A copy of improper or inadequate. Lake including $5,000,000 in criminal the proposed agreement may be The administrative settlement would fines, forfeitures and costs, $3,500,000 obtained from Anne McCauley, resolve the claims of the United States in federal and state tax liability, and Remedial Project Manager, U.S. against I.S.A. In New Jersey, Inc. $300,000 of liabilities to other creditors. environmental Protection Agency, (‘‘ISA’’) and Round Lake Sanitation The remedial action which has been Region VII, 25 Funston Road, Kansas Corporation (‘‘Round Lake’’) with selected at the Ramapo Site is being City, Kansas 66115. Comments should respect to their potential liability for implemented by a party other than ISA reference the ‘‘Kansas City Structural past costs incurred by EPA pursuant to or Round Lake and the remaining costs Steel Superfund Site Prospective CERCLA in responding to the release at the Ramapo Site may be recovered Purchaser Agreement’’ and should be and threatened release of hazardous from parties other than ISA or Round forwarded to Anne McCauley, Remedial substances at the Ramapo Site. The Lake. Project Manager, at the above address. settlement is memorialized in an Pursuant to CERCLA Section FOR FURTHER INFORMATION CONTACT: Administrative Cost-Recovery 122(h)(1), the prior written approval of Ilene M. Munk, Assistant Regional Agreement (‘‘Agreement’’). Under the the Attorney General is required for the Counsel, United States Environmental Agreement, ISA and Round Lake are administrative settlement under Protection Agency, Region VII, 726 obligated to pay $25,000 to the CERCLA between EPA and ISA and Minnesota Avenue, Kansas City, Kansas Hazardous Substances Superfund. The Round Lake. In satisfaction of that 66101, (913) 551–7807. payment is to be made from an escrow requirement, the Attorney General or 2826 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices her designee has approved the proposed and Ellinwood Auto Parts, Inc.; A & P DNFSB±1 settlement in writing. Disposal Service, Inc.; and Keith Clark SYSTEM NAME: DATES: (a Division of Cullman Ventures, Inc.) Comments must be submitted on Personnel Security Files. or before February 28, 1996. (collectively, the ‘‘Respondents’’). The Respondents contributed a minimal ADDRESSES: Comments should be SECURITY CLASSIFICATION: amount of hazardous substances to the addressed to the EPA at the address Unclassified materials. Site and are eligible for a de minimis listed below, and should refer to settlement under Section 122(g) of SYSTEM LOCATION: ‘‘Ramapo Landfill Superfund Site, EPA CERCLA. Under the Order, the Index No. II CERCLA–95–0214.’’ Defense Nuclear Facilities Safety Respondents shall pay EPA amounts Interested parties may contact the Board, 625 Indiana Avenue, NW, totalling $9,380.75, toward the costs of individual listed below to receive a Washington, DC 20004–2901. the response actions that have been and copy of the administrative settlement will be conducted with respect to the CATEGORIES OF INDIVIDUALS COVERED BY THE agreement, or to make an appointment Site. SYSTEM: to examine the administrative DATES: EPA will accept written Employees and applicants for settlement agreement at EPA Region II, employment with DNFSB and DNFSB 290 Broadway, New York, NY, 10007. comments relating to the proposed settlement on or before February 28, contractors; consultants; other FOR FURTHER INFORMATION CONTACT: 1996. individuals requiring access to Michael A. Mintzer, Assistant Regional classified materials and facilities. ADDRESSES: Comments should be sent to Counsel, NY/Caribbean Superfund the individual listed below. Comments Branch, Office of Regional Counsel, CATEGORIES OF RECORDS IN THE SYSTEM: should reference the Sidney Landfill Environmental Protection Agency, 290 Personnel security folders and Site and EPA Index No. II–CERCLA–95– Broadway, New York, N.Y. 10007, requests for security clearances, Forms 0215. For a copy of the Order, contact telephone: (212) 637–3168. SF 86, 86A, 87, 312, and DOE Forms the individual listed below. 5631.18, 5631.29, 5631.20, and 5631.21. Dated: November 29, 1996. FOR FURTHER INFORMATION CONTACT: In addition, records containing the William Muszynski, Farah Khakee, Assistant Regional following information: Acting Regional Administrator. Counsel, New York/Caribbean (1) Security clearance request [FR Doc. 96–1463 Filed 1–26–96; 8:45 am] Superfund Branch, Office of Regional information; BILLING CODE 6560±50±P Counsel, U.S. Environmental Protection (2) Records of security education and Agency, 290 Broadway, 17th Floor, New foreign travel lectures; York, New York, 10007–1866, [FRL±5405±9] (3) Records of any security infractions; Telephone: (212) 637–3248. (4) Names of individuals visiting Notice of Proposed Administrative De Dated: December 7, 1995. DNFSB; Minimis Settlement Under Section William J. Muszynski, (5) Employee identification files 122(g)(4) of the Comprehensive Acting Regional Administrator. (including photographs) maintained Environmental Response, [FR Doc. 96–1544 Filed 1–26–96; 8:45 am] for access purposes. Compensation and Liability Act, BILLING CODE 6560±50±M AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Regarding the Sidney Landfill Site, National Defense Authorization Act, Towns of Masonville and Sidney, NY Fiscal Year 1989 (amended the Atomic AGENCY: Environmental Protection DEFENSE NUCLEAR FACILITIES Energy Act of 1954 (42 U.S.C. 2011 et Agency. SAFETY BOARD seq.) by adding new Chapter 21— Defense Nuclear Facilities Safety ACTION: Notice of proposed Privacy Act; Systems of Records administrative agreement and Board). AGENCY: Defense Nuclear Facilities opportunity for public comment. ROUTINE USES OF RECORDS MAINTAINED IN THE Safety Board. SYSTEM, INCLUDING CATEGORIES OF USERS AND SUMMARY: In accordance with Section ACTION: Annual notice of systems of THE PURPOSE OF SUCH USES: 122(i) of the Comprehensive records. DNFSB—to determine which Environmental Response, individuals should have access to Compensation, and Liability Act of SUMMARY: Each Federal agency is required by the Privacy Act of 1974, 5 classified material and to be able to 1980, as amended (‘‘CERCLA’’), 42 transfer clearances to other facilities for U.S.C. 9622(i), the U.S. Environmental U.S.C. 552a, to publish annually a description of the systems of records it visitor control purposes. Protection Agency (‘‘EPA’’) Region II DOE—to determine eligibility for announces a proposed administrative de maintains containing personal information. In this notice the Board security clearances. minimis settlement pursuant to Section Other Federal and State agencies—to 122(g)(4) of CERCLA, 42 U.S.C. provides the required information on five previously-noticed systems of determine eligibility for security 9622(g)(4), relating to the Sidney clearances. Landfill Site (‘‘Site’’) in the Towns of records. Masonville and Sidney, Delaware FOR FURTHER INFORMATION CONTACT: POLICIES AND PRACTICES FOR STORING, County, New York. This Site is on the Robert M. Andersen, General Counsel, RETRIEVING, ACCESSING, RETAINING, AND National Priorities List established Defense Nuclear Facilities Safety Board, DISPOSING OF RECORDS IN THE SYSTEM: pursuant to Section 105(a) of CERCLA. 625 Indiana Avenue, NW, Suite 700, STORAGE: This notice is being published to inform Washington, DC 20004–2901, (202) 208– Paper records, magnetic disk, and the public of the proposed settlement 6387. computer printouts. and of the opportunity to comment. SUPPLEMENTARY INFORMATION: The Board The settlement, memorialized in an currently maintains five systems of RETRIEVABILITY: Administrative Order on Consent records under the Privacy Act. Each By name, social security number, and (‘‘Order’’), is being entered into by EPA system is described below. numeric code. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2827

SAFEGUARDS: CATEGORIES OF RECORDS IN THE SYSTEM: POLICIES AND PRACTICES FOR STORING, Access is limited to employees having Records containing the following RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: a need to know. Records are stored in information: locked file cabinets in a controlled (1) Time and attendance; STORAGE: access area. (2) Payroll actions and deduction Paper records, magnetic disk, and RETENTION AND DISPOSAL: information requests; computer printouts. Records retention and disposal (3) Authorizations for overtime and RETRIEVABILITY: authorities are contained in the night differential; ‘‘General Records Schedules’’ published (4) Credit cards and telephone calling By name, social security number, by National Archives and Records cards issued to individuals; travel dates, and alphanumeric code. (5) Destination, itinerary, mode and Administration, Washington, DC. SAFEGUARDS: Records within DNFSB are destroyed by purpose of travel; shredding, burning, or burial in a (6) Date(s) of travel and all expenses; Access is limited to employees having sanitary landfill, as appropriate. (7) Passport number; a need to know. Records are stored in (8) Requests for advance of funds, and locked file cabinets in a controlled SYSTEM MANAGER(S) AND ADDRESS: voucher with receipts; access area in accordance with Board Defense Nuclear Facilities Safety (9) Travel authorizations; directives and Federal guidelines. Board, 625 Indiana Avenue, NW, Suite (10) Name, address, social security 700, Washington, DC 20004–2901. RETENTION AND DISPOSAL: number and birth date; Attention: Security Management Officer. Records retention and disposal (11) Employee parking permits; authorities are contained in the NOTIFICATION PROCEDURE: (12) Employee public transit subsidy ‘‘General Records Schedules’’ published Requests by an individual to applications and vouchers. by National Archives and Records determine if DNFSB–1 contains AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Administration, Washington, DC. information about him/her should be Records within DNFSB are destroyed by National Defense Authorization Act, directed to the Privacy Act Officer, shredding, burning, or burial in a Fiscal Year 1989 (amended the Atomic Defense Nuclear Facilities Safety Board, sanitary landfill, as appropriate. 625 Indiana Avenue, NW, Suite 700, Energy Act of 1954 (42 U.S.C. 2011 et Washington, DC 20004–2901. Required seq.) by adding new Chapter 21— SYSTEM MANAGER AND ADDRESS: Defense Nuclear Facilities Safety identifying information: Complete Defense Nuclear Facilities Safety Board). name, social security number, and date Board, 625 Indiana Avenue, NW, Suite of birth. ROUTINE USES OF RECORDS MAINTAINED IN THE 700, Washington, DC 20004–2901, RECORD ACCESS PROCEDURE: SYSTEM, INCLUDING CATEGORIES OF USERS AND Attention: Director of Finance and THE PURPOSES OF SUCH USES: Administration. Same as Notification procedure above, Treasury Department—To collect except individual must show official NOTIFICATION PROCEDURE: photo identification, such as driver’s withheld taxes, print payroll checks, Requests by an individual to license, passport, or government and issue savings bonds. determine if DNFSB–2 contains identification before viewing records. Internal Revenue Service—To process Federal income tax. information about him/her should be CONTESTING RECORD PROCEDURE: State and Local Government—To directed to the Privacy Act Officer, Same as Record Access procedure. process state and local income tax. Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW, Suite 700, RECORD SOURCE CATEGORIES: Office of Personnel Management— Retirement records and benefits. Washington, DC 20004–2901. Required Subject individuals, Questionnaire for identifying information: Complete Sensitive Positions (SF–86), agency Social Security Administration— Social Security records and benefits. name, social security number, and date files, official visitor logs, contractors, of birth. and DOE Personnel Security Branch. Department of Labor—To process Workmen’s Compensation claims. RECORDS ACCESS PROCEDURE: SYSTEM EXEMPTED FROM CERTAIN PROVISIONS Department of Defense—Military Same as Notification procedures OF THE ACT: Retired Pay Offices—To adjust Military above, except individual must show None. retirement. official photo identification, such as Savings Institutions—To credit DNFSB±2 driver’s license, passport, or government accounts for savings made through identification before viewing records. SYSTEM NAME: payroll deductions. Administrative and Travel Files Health Insurance Carriers—To process CONTESTING RECORD PROCEDURE: insurance claims. Same as Record Access procedure. SYSTEM CLASSIFICATION: General Accounting Office—Audit— Unclassified. To verify accuracy and legality of RECORD SOURCE CATEGORIES: SYSTEM LOCATION: disbursement. Subject individuals, timekeepers, Veterans Administration—To evaluate Defense Nuclear Facilities Safety official personnel records, GSA for veteran’s benefits to which the Board, 625 Indiana Ave., NW, accounting and payroll, OPM for official individual may be entitled. Washington, DC 20004–2901. personnel records, IRS and State States’ Departments of Employment officials for withholding and tax CATEGORIES OF INDIVIDUALS COVERED BY THE Security—To determine entitlement to information, and travel agency contract. SYSTEM: unemployment compensation or other Employees and applicants for state benefits. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS employment with DNFSB, including Travel Agencies—To process travel OF THE ACT: contractors and consultants. itineraries. None. 2828 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

DNFSB±3 maintained on the Random Employee reflecting negative test results will be Selection Automation System. This is a destroyed by shredding, or by other SYSTEM NAME: stand-alone system resident on a approved disposal methods. Positive Drug Testing Program Records- desktop computer and is password- test results will be maintained through DNFSB. protected. the conclusion of any administrative or SYSTEM CLASSIFICATION: judicial proceedings, at which time they RETRIEVABILITY: will be destroyed by shredding, or by Unclassified. Records maintained in file folders are other approved disposal methods. SYSTEM LOCATION: indexed and accessed by name and (3) Negative specimens will be social security number. Records Primary System: Division of destroyed according to laboratory/ maintained for random drug testing are Personnel, Defense Nuclear Facilities contractor procedures. accessed by using a computer data base Safety Board, 625 Indiana Avenue, NW, (4) Positive specimens will be which contains employees’ names, Washington, DC 20004–2901. Duplicate maintained through the conclusion of social security numbers, and job titles. Systems Duplicate systems may exist, in administrative or judicial proceedings. Employees are then selected from the whole or in part, at contractor testing available pool by the computer, and a SYSTEM MANAGERS AND ADDRESS: laboratories and collection/evaluation list is given to the Drug Program Defense Nuclear Facilities Safety facilities. Coordinator of employees and alternates Board, 625 Indiana Avenue, NW, Suite CATEGORIES OF INDIVIDUALS COVERED BY THE selected for drug testing. 700, Washington, DC 20004–2901, SYSTEM: Attention: Director of Human Resources. SAFEGUARDS: DNFSB employees and applicants for NOTIFICATION PROCEDURE: employment with the DNFSB. Access to and use of these records is limited to those persons whose official Requests by an individual to CATEGORIES OF RECORDS IN THE SYSTEM: duties require such access, with records determine if DNFSB–3 contains These records contain information maintained and used with the highest information about him/her should be regarding results of the drug testing regard for personal privacy. Records in directed to Director of Human program; requests for and results of the Division of Human Resources are Resources, Defense Nuclear Facilities initial, confirmatory and follow-up store in an approved security container Safety Board, 625 Indiana Avenue, NW, testing, if appropriate; additional under the immediate control of the Suite 700, Washington, DC 20004–2901. information supplied by DNFSB Director, Division of Human Resources, Required identifying information: employees or employment applicants in or designee. Records in laboratory/ Complete name, social security number. collection/evaluation facilities will be challenge to postive test results; RECORD ACCESS PROCEDURE: stored under appropriate security information supplied by individuals Same as Notification procedures concerning alleged drug abuse by Board measures so that access is limited and controlled. above, except individual must show employees or contractors; and written official photo identification, such as statements or medical evaluations of RETENTION AND DISPOSAL: driver license or government attending physicians and/or information (1) Test results, whether negative or identification before viewing records. regarding prescription or positive, and other drug screening nonprescription drugs. CONTESTING RECORD PROCEDURE: records filed in the Division of Human Same as Notification procedures AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Resources will be retained and retrieved above. (1) Executive Order 12564; September as indicated under the Retrievability 15, 1986. category. When an individual RECORD SOURCE CATEGORIES: (2) Section 503 of the Supplemental terminates employment with the DNFSB employees and employment Appropriations Act of 1987, Pub. L. DNFSB, negative test results will be applicants who have been identified for 100–71, 101 Stat. 391, 468–471, codified destroyed by shredding, or by other drug testing, who have been tested, or at 5 U.S.C. section 7301 note (1987). approved disposal methods. Positive who have admitted abusing drugs prior test results will be maintained through to being tested; physicians making ROUTINE USES OF RECORDS MAINTAINED IN THE the conclusion of any administrative or statements regarding medical SYSTEM, INCLUDING CATEGORIES OF USERS AND judicial proceedings, at which time they THE PURPOSE OF SUCH USES: evaluations and/or authorized will be destroyed by shredding, or by prescriptions for drugs; individuals Information in these records may be other approved disposal methods. providing information concerning used by the DNFSB management: (2) Test results, whether negative or alleged drug abuse by Board employees (1) To identify substance abusers within positive, on file in contractor testing or contractors; DNFSB contractors of the agency; laboratories, ordinarily will be processing, including but not limited to, (2) To initiate counseling and maintained for a minimum of two years specimen collection, laboratories for rehabilitation programs; in the laboratories. Upon instructions analysis, and medical evaluations; and (3) To take personnel actions; provided by the Division of Human DNFSB staff administering the drug (4) To take personnel security actions; Resources, the results will be transferred testing program to ensure the and to the Division of Human Resources achievement of a drug-free workplace. (5) For statistical purposes. when the contract is terminated or whenever an individual, previously SYSTEM EXEMPTED FROM CERTAIN PROVISIONS POLICIES AND PRACTICES FOR STORING, subjected to urinalysis by the laboratory, OF THE ACT: RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: terminates employment with the Purusant to 5 U.S.C. 552a(k)(5), the DNFSB. Records received from the Board has exempted portions of this STORAGE: laboratories by the Division of Human system of records from 5 U.S.C. Records are maintained on paper in Resources will be incorporated into 552a(c)(3), (d), (e)(1), (e)(4)(C), (H), and file folders. Additionally, records used other records in the system, or if the (J), and (f). The exemption is invoked for for initiating a random drug test are individual has terminated, those records information in the system of records Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2829 which would disclose the identify of a POLICIES AND PRACTICES FOR STORING, SECURITY CLASSIFICATION: person who has supplied information RETRIEVING, ACCESSING, RETAINING, AND Unclassified materials. on drug abuse by a Board employee or DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM LOCATION: contractor. STORAGE: Defense Nuclear Facilities Safety DNFSB±4 Paper records, magnetic disk, and Board, 625 Indiana Avenue, NW, computer printouts. SYSTEM NAME: Washington, DC 20004–2901. RETRIEVABILITY: Personnel Files. CATEGORIES OF INDIVIDUALS COVERED BY THE By name and social security number. SYSTEM: SYSTEM CLASSIFICATION: DNFSB employees, contractors, and Unclassified. SAFEGUARDS: consultants. Access is limited to employees having SYSTEM LOCATION: a need-to-know. Records are stored in CATEGORIES OF RECORDS IN THE SYSTEM: Defense Nuclear Facilities Safety locked file cabinets in a controlled Personnel folders containing radiation Board, 625 Indiana Ave., NW., access area in accordance with Board Washington, DC 20004–2901. exposure and whole body count, directives and Federal guidelines. including any records of mandatory CATEGORIES OF INDIVIDUALS COVERED BY THE training associated with site work or RETENTION AND DISPOSAL: SYSTEM: visits. Employees and applicants for Records retention and disposal AUTHORITY FOR MAINTENANCE OF THE SYSTEM: employment with the DNFSB, including authorities are contained in the DNFSB contractors and consultants. ‘‘General Records Schedules’’ published National Defense Authorization Act, by National Archives and Records Fiscal Year 1989 (amended by Atomic CATEGORIES OF RECORDS IN THE SYSTEM: Administration, Washington, DC. Energy Act of 1954 (42 U.S.C. 2011 et Records concerning the following Records within DNFSB are destroyed by seq.) by adding new Chapter 21— information: shredding or burning, as appropriate. Defense Nuclear Facilities Safety (1) Name, social security number, sex, Board). date of birth, home address, grade SYSTEM MANAGERS AND ADDRESS: ROUTINE USES OF RECORDS MAINTAINED IN THE level, and occupational code Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW, Suite SYSTEM, INCLUDING CATEGORIES OF USERS AND (2) Official Personnel Folders (SF–66), THE PURPOSE OF SUCH USES: Service Record Cards (SF–7), and SF– 700, Washington, DC 20004–2901, DNFSB—to monitor radiation 171 Attention: Director of Human Resources. (3) Records on suggestions, awards, and exposure of its employees and NOTIFICATION PROCEDURE: bonuses. contractors. (4) Training requests, authorization Requests by an individual to DOE—to monitor radiation exposure data, and training course evaluations determine if DNFSB–4 contains of visitors to the various DOE facilities (5) Employee appraisals, appeals, information about him/her should be in the United States. grievances, and complaints directed to Director of Human Other Federal and State Health (6) Employee disciplinary actions Resources, Defense Nuclear Facilities Institutions—To monitor radiation (7) Employee retirement records Safety Board, 625 Indiana Avenue, NW, exposure of DNFSB personnel. (8) Records on employment transfer Suite 700, Washington, DC 20004–2901. POLICIES AND PRACTICES FOR STORING, (9) Applications for employment with Required identifying information: RETRIEVING, ACCESSING, RETAINING, AND the DNFSB Complete name, social security number, DISPOSING OF RECORDS IN THE SYSTEM: and date of birth. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: STORAGE: National Defense Authorization Act, RECORD ACCESS PROCEDURE: Paper records, magnetic disk, and Fiscal Year 1989 (amended the Atomic Same as Notification procedures computer printouts. Energy Act of 1954 (42 U.S.C. 2011 et above, except individual must show RETRIEVABILITY: seq.) by adding new Chapter 21— official photo identification, such as Defense Nuclear Facilities Safety driver license or government By name, social security number, and Board). identification before viewing records. numeric code. ROUTINE USES OF RECORDS MAINTAINED IN THE SAFEGUARDS: CONTESTING RECORD PROCEDURE: SYSTEM, INCLUDING CATEGORIES OF USERS AND Access is limited to employees having Same as Notification procedures THE PURPOSE OF SUCH USES: a need to know. Records are stored in above. GSA—Maintains official personnel locked file cabinets in a controlled records for DNFSB. RECORD SOURCE CATEGORIES: access area. Office of Personnel Management— Transfer and retirement records and Subject individuals, official personnel RETENTION AND DISPOSAL: benefits, and collection of anonymous records, GSA, OPM for official Records retention and disposal statistical reports. personnel records, State employment authorities are contained in the Social Security Administration— agencies, educational institutions, and ‘‘General Records Schedules’’ published Social Security records and benefits. supervisors. by National Archives and Records Federal, State, or Local government SYSTEM EXEMPTED FROM CERTAIN PROVISIONS Administration, Washington, DC. agencies—For the purpose of OF THE ACT: Records within DNFSB are destroyed by investigating individuals in connection None. shredding, burning, or burial in a with, security clearances, and sanitary landfill, as appropriate. administrative or judicial proceedings. DNFSB±5 Private Organizations—For the SYSTEM MANAGER(S) AND ADDRESS: purpose of verifying employees’ SYSTEM NAME: Defense Nuclear Facilities Safety employment status with the DNFSB. Personnel Radiation Exposure Files. Board, 625 Indiana Avenue, NW, Suite 2830 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

700, Washington, DC 20004–2901. respondents, including the use of amended; FCC Rules Section 1.61(a), Attention: Security Management Officer. automated collection techniques or 17.4, 21.11(g),25.113(c), 73.3533(c), other forms of information technology. 74.551(c), 74.651(d), 74.1251(d), NOTIFICATION PROCEDURE: DATES: Written comments should be 78.109(c), 95.83(a)(3), 97.15(d). Requests by an individual to submitted on or before March 29, 1996. OMB Approval Number: 3060–0386. determine if DNFSB-5 contains If you anticipate that you will be Title: Section 73.1635 Special information about him/her should be submitting comments, but find it directed to the Privacy Act Officer, Temporary Authorizations (STA). difficult to do so within the period of Form No.: N/A. Defense Nuclear Facilities Safety Board, time allowed by this notice, you should Type of Review: Extension of an 625 Indiana Avenue, NW, Suite 700, advise the contact listed below as soon existing collection. Washington, DC 20004–2901. Required as possible. identifying information: Complete Respondents: Businesses or other for- ADDRESS: Direct all comments to name, social security number, and date profit. Dorothy Conway, Federal of birth. Number of Responses: 2,580. Communications, Room 234, 1919 M Estimated Time Per Response: 4 RECORD ACCESS PROCEDURE: St., NW., Washington, DC 20554 or via hours. Same as Notification procedure above, internet to [email protected]. Total Annual Burden: 10,320 hours. except individual must show official FOR FURTHER INFORMATION CONTACT: For photo identification, such as driver’s additional information or copies of the Needs and Uses: Section 73.1635 license, passport, or government information collections contact Dorothy allows licensees/permittees of broadcast identification before viewing records. Conway at 202–418–0217 or via internet stations to file for special temporary at [email protected]. authority to operate broadcast stations at CONTESTING RECORD PROCEDURE: specified variances from station SUPPLEMENTARY INFORMATION: Same as Record Access procedure. authorization not to exceed 180 days. OMB Approval No.: 3060–0139. Data are used by FCC staff to ensure that Title: Application for Antenna RECORD SOURCE CATEGORIES: such operation will not cause Structure Registration. Subject individuals, previous interference to other stations. Form No.: FCC 854. employee records, DOE contractors’ film Type of Review: Revision of a OMB Approval No.: 3060–0009. badges, whole body counts, bioassays currently approved collection. Title: Application for Consent to and dosimetry badges. Respondents: Businesses or other for- Assignment of Broadcast Station SYSTEM EXEMPTED FROM CERTAIN PROVISIONS profit; state or local governments. Construction Permit or License or OF THE ACT: Number of Responses: 43,000. Transfer of Control of Corporation None. Estimated Time Per Response: 30 Holding Broadcast Station Construction minutes. Permit or License. Dated: January 22, 1996. Total Annual Burden: 21,500 hours. Form No.: FCC 316. John T. Conway, Needs and Uses: Section 303(q) of the Type of Review: Extension of existing Chairman. Communications Act authorizes the collection. [FR Doc. 96–1460 Filed 1–26–96; 8:45 am] Commission to require the painting and/ Respondents: Businesses or other for or illumination of radio towers if and BILLING CODE 3670±01±M Profit. when in its judgement such towers constitute, or there is a reasonable Number of Respondents: 1,575. Estimated Time per Response: 3 hours FEDERAL COMMUNICATIONS possibility that they may constitute, a 15 minutes. COMMISSION hazard to air navigation. This FCC form is to be used for the purpose of Total Annual Burden: 5,119. Notice of Public Information registering structures used for wire or Needs and Uses: Filing of the FCC Collections being reviewed by FCC, radio communication services within Form 316 is required when applying for Comments Requested the United States, or to make changes to authority for assignment of a broadcast an existing registered structure, or to station construction permit or license, January 22, 1996. notify the Commmission of the or for consent to transfer control of SUMMARY: The Federal Communications, dismantlement of a structure. The corporation holding broadcast station as part of its continuing effort to reduce Commission staff will evaluate the construction permit or license where paperwork burden invites the general antenna data submitted by the tower there is little change in the relative public and other Federal agencies to owner and determine if Part 17 rule interest or disposition of its interests; take this opportunity to comment on the requirements are met and if any where transfer of interest is not a following proposed and/or continuing obstruction painting and/or lighting will controlling one; where there is no information collections, as required by be necessary. The tower owner will substantial change in the beneficial the Paperwork Reduction Act of 1995, receive notification that the Commission ownership of the corporation; where the Public Law 104–13. Comments are has registered the structure, assignment is less than a controlling requested concerning (a) whether the modification or dismantlement on FCC interest in a partnership; and where proposed collection of information is Form 854R, Antenna Structure there is an appointment of an entity necessary for the proper performance of Registration. Owners of new and qualified to succeed to the interest of a the functions of the Commission, modified towers must notify the deceased or legally incapacitated including whether the information shall Commission within 24 hours of individual permittee, licensee or have practical utility; (b) the accuracy of construction completion and/or controlling stockholder. The data is the Commissions burden estimates; (c) disposition of structure, using a portion used by FCC staff to determine if the ways to enhance the quality, utility, and of the FCC Form 854R which is applicant is qualified to become a clarity of the information collected and detachable. Commission licensee or permittee of a (d) ways to minimize the burden of the The data collected is required by the commercial or noncommercial collection of information on the Communications Act of 1934, as broadcast station. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2831

Federal Communications Commission. Type of Review: Extension of a Communications Commission (FCC) William F. Caton, currently approved collection. before the construction of any ‘‘line’’ Acting Secretary. Respondents: Not-for-profit used in interstate communication. To [FR Doc. 96–1499 Filed 1–26–96; 8:45 am] institutions. enable the FCC to evaluate whether Number of Respondents: 695. BILLING CODE 6712±01±F such a construction is in the public Estimated Time Per Response: 4 interest, carriers have been required to hours. provide detailed support when Notice of Public Information Total Annual Burden: 2,780 hours. requesting Section 214 authorizations. Collections Being Reviewed by FCC Needs and Uses: Each licensee/ 47 CFR Section 63.16 permits most For Extension Under Delegated permittee of a noncommercial AM, FM carriers who can certify that they meet Authority 5 CFR 1320 Authority, and TV station is required to file an FCC three conditions to secure such Comments Requested Form 323-E within 30 days of the date authorization for providing service in of grant by the FCC of an application for their local service areas without January 22, 1996. original construction permit and after providing such detailed support. SUMMARY: The Federal Communications any changes occur in the information Federal Communications Commission. Commission, as part of its continuing called for in the form; and in effort to reduce paperwork burden conjunction with the renewal William F. Caton, invites the general public and other application. Licensees with current Acting Secretary. Federal agencies to take this unamended Ownership Reports on file [FR Doc. 96–1501 Filed 1–26–96; 8:45 am] opportunity to comment on the at the Commission may so indicate on BILLING CODE 6712±01±F following proposed and/or continuing their renewal applications and be information collections, as required by relieved of the obligation to file a new the Paperwork Reduction Act of 1995, Ownership Report. The data is used by [DA 96±52] Public Law 104–13. Comments are FCC staff to determine whether the requested concerning (a) whether the licensee/permittee is abiding by the Commission To Reschedule En Banc proposed collection of information is multiple ownership requirements as set Hearing on Spectrum Policy down by the Commission’s Rules and is necessary for the proper performance of Released: January 22, 1996 the functions of the Commission, in compliance with the Communications Act. The Federal Communications including whether the information shall Commission has changed the date of the have practical utility; (b) the accuracy of Federal Communications Commission. en banc hearing on spectrum policy and the Commissions burden estimates; (c) William F. Caton, management. The original hearing date ways to enhance the quality, utility, and Acting Secretary. of January 31, 1996 was announced in clarity of the information collected and [FR Doc. 96–1500 Filed 1–26–96; 8:45 am] a Public Notice released December 15, (d) ways to minimize the burden of the BILLING CODE 6712±01±F 1995. The new hearing date is March 5, collection of information on the 1996. respondents, including the use of Parties who have not yet submitted automated collection techniques or Public Information Collection letters of interest and would like to be other forms of information technology. Approved by Office of Management considered for an invitation as panelists The FCC is reviewing the following and Budget may submit letters of interest by 5:30 information collection requirements for p.m. January 26, 1996 to: Amy Lesch, January 22, 1996. possible 3-year extension under Office of Plans and Policy, Federal The Federal Communications delegated authority 5 CFR 1320, Communications Commission, 1919 M Commission (FCC) has received Office authority delegated to the Commission Street, Room 822, Washington, D.C. of Management and Budget (OMB) by the Office of Management and 20554, fax (202) 418–2807, tel (202) approval for the following public Budget (OMB). 418–2049. information collection pursuant to the DATES: Written comments should be Letters of interest must clearly Paperwork Reduction Act of 1995, Pub. submitted on or before March 29, 1996. identify the speaker, organization L. 96–511. An agency may not conduct If you anticipate that you will be represented (if any), relevant experience or sponsor and a person is not required submitting comments, but find it and training and the specific topic(s) he/ to respond to a collection of information difficult to do so within the period of she wishes to discuss. We will select unless it displays a currently valid time allowed by this notice, you should speakers for the hearings in order to control number. For further information advise the contact listed below as soon achieve broad representation of contact Shoko B. Hair, Federal as possible. viewpoints. The Commission may select Communications Commission, (202) ADDRESS: Direct all comments to panelists who have not submitted a 418–1379. Dorothy Conway, Federal request to appear and address subjects Communications, Room 234, 1919 M Federal Communications Commission related to but not specifically included St., NW., Washington, DC 20554 or via OMB Control No.: 3060–0682. in the notice released December 15, internet to [email protected]. Expiration Date: 01/31/99. 1995. FOR FURTHER INFORMATION CONTACT: For Title: Construction of Stand-Alone The precise format and schedule for additional information or copies of the Cable System by a Carrier in its the en banc hearing, as well as a list of information collections contact Dorothy Exchange Telephone Service Area— the selected presenters, will be specified Conway at 202–418–0217 or via internet Section 63.16, CC Docket No. 87–266. in a future public notice. Presenters will at [email protected]. Estimated Annual Burden: 50 total be asked to submit written remarks; to SUPPLEMENTARY INFORMATION: annual hours; average 1 hour per make an oral presentation to the OMB Approval Number: 3060–0084. respondent; 50 respondents. Commission which will be limited to no Title: Report of Noncommercial Description: 47 U.S.C. 214 requires more than three minutes; and to Educational Broadcast Station. telephone companies to secure respond to questions of the Form No.: FCC 323–E. certification from the Federal Commissioners. 2832 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

Persons selected to appear will be must be received not later than February produce benefits to the public, such as required to submit to the Secretary, by 22, 1996. greater convenience, increased close of business February 20, 1996, an A. Federal Reserve Bank of Atlanta competition, or gains in efficiency, that original and 9 copies of their proposed (Zane R. Kelley, Vice President) 104 outweigh possible adverse effects, such remarks, a summary of those remarks of Marietta Street, N.W., Atlanta, Georgia as undue concentration of resources, no more than one page, a brief speaker 30303: decreased or unfair competition, biography, and a description of the 1. Regions Financial Corporation, conflicts of interests, or unsound Birmingham, Alabama; to merge with organization represented. In addition, banking practices.’’ Any request for a 10 copies of the material submitted to First Gwinnett Bancshares, Inc., Norcross, Georgia, and thereby hearing on this question must be the Secretary must be submitted to Amy accompanied by a statement of the Lesch, Office of Plans and Policy by indirectly acquire First Gwinnett Bank, Norcross, Georgia. reasons a written presentation would close of business on February 20, 1996. not suffice in lieu of a hearing, Persons wishing to respond to testimony B. Federal Reserve Bank of Chicago identifying specifically any questions of presented at the hearing are invited to (James A. Bluemle, Vice President) 230 fact that are in dispute, summarizing the do so by the reply comment deadline, South LaSalle Street, Chicago, Illinois March 26, 1996. 60690: evidence that would be presented at a 1. Bank of Waunakee Employee Stock hearing, and indicating how the party For more information contact Amy Ownership Plan, Waunakee, Wisconsin; Lesch, Office of Plans and Policy at commenting would be aggrieved by to acquire 45.70 percent of the voting (202) 418–2049 or Steve Sharkey, Office approval of the proposal. shares of Waunakee Bank Shares, Inc., of Engineering Technology, (202) 418– Unless otherwise noted, comments Waunakee, Wisconsin, and thereby 2404. Members of the media should regarding each of these applications indirectly acquire Bank of Waunakee, contact Maureen Peratino, Office of must be received at the Reserve Bank Waunakee, Wisconsin. Public Affairs, (202) 418–0500. C. Federal Reserve Bank of Dallas indicated for the application or the Federal Communications Commission. (Genie D. Short, Vice President) 2200 offices of the Board of Governors not William F. Caton, North Pearl Street, Dallas, Texas 75201- later than February 12, 1996. Acting Secretary. 2272: A. Federal Reserve Bank of Atlanta [FR Doc. 96–1502 Filed 1–26–96; 8:45 am] 1. Executive Bancshares, Inc., Paris, (Zane R. Kelley, Vice President) 104 BILLING CODE 6712±01±P Texas; to acquire 100 percent of the Marietta Street, N.W., Atlanta, Georgia voting shares of Collin County National 30303: Bank, McKinney, Texas, a de novo bank. 1. Regions Financial Corporation, Board of Governors of the Federal Reserve Birmingham, Alabama; to acquire First FEDERAL RESERVE SYSTEM System, January 23, 1996. Federal Bank of Northwest Georgia, Jennifer J. Johnson, Federal Savings Bank, Cedartown, Regions Financial Corporation, et al.; Deputy Secretary of the Board. Formations of; Acquisitions by; and Georgia, and thereby engage in [FR Doc. 96–1490 Filed 1–26–96; 8:45 am] Mergers of Bank Holding Companies operating a savings association, BILLING CODE 6210±01±F pursuant to § 225.25(b)(9) of the Board’s The companies listed in this notice Regulation Y. have applied for the Board’s approval B. Federal Reserve Bank of Dallas under section 3 of the Bank Holding Regions Financial Corporation, et al.; (Genie D. Short, Vice President) 2200 Company Act (12 U.S.C. 1842) and § Acquisitions of Companies Engaged in North Pearl Street, Dallas, Texas 75201- 225.14 of the Board’s Regulation Y (12 Permissible Nonbanking Activities 2272: CFR 225.14) to become a bank holding The organizations listed in this notice company or to acquire a bank or bank have applied under § 225.23(a)(2) or (f) 1. Woodforest Bancshares, Inc., holding company. The factors that are of the Board’s Regulation Y (12 CFR Houston, Texas; to acquire Mutual considered in acting on the applications 225.23(a)(2) or (f)) for the Board’s Money Investments, Inc. (doing are set forth in section 3(c) of the Act approval under section 4(c)(8) of the business as Tri-Star Financial), Houston, (12 U.S.C. 1842(c)). Bank Holding Company Act (12 U.S.C. Texas, and thereby engage in providing Each application is available for 1843(c)(8)) and § 225.21(a) of Regulation investment or financial advisory immediate inspection at the Federal Y (12 CFR 225.21(a)) to acquire or services, pursuant to § 225.25(b)(4) of Reserve Bank indicated. Once the control voting securities or assets of a the Board’s Regulation Y; in providing application has been accepted for company engaged in a nonbanking to others data processing services, processing, it will also be available for activity that is listed in § 225.25 of pursuant to § 225.25(b)(7) of the Board’s inspection at the offices of the Board of Regulation Y as closely related to Regulation Y; and in providing Governors. Interested persons may banking and permissible for bank securities brokerage services, pursuant express their views in writing to the holding companies. Unless otherwise to § 225.25(b)(15) of the Board’s Reserve Bank or to the offices of the noted, such activities will be conducted Regulation Y. Board of Governors. Any comment on throughout the United States. an application that requests a hearing Each application is available for Board of Governors of the Federal Reserve must include a statement of why a immediate inspection at the Federal System, January 23, 1996. written presentation would not suffice Reserve Bank indicated. Once the Jennifer J. Johnson, in lieu of a hearing, identifying application has been accepted for Deputy Secretary of the Board. specifically any questions of fact that processing, it will also be available for [FR Doc. 96–1491 Filed 1–26–96; 8:45 am] are in dispute and summarizing the inspection at the offices of the Board of BILLING CODE 6210±01±F evidence that would be presented at a Governors. Interested persons may hearing. express their views in writing on the Unless otherwise noted, comments question whether consummation of the regarding each of these applications proposal can ‘‘reasonably be expected to Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2833

FEDERAL TRADE COMMISSION containing an Order to remedy the to the provisions of § 2.34 of the alleged lessening of competition Commission’s rules, the Commission [File No. 951±0059] resulting from proposed respondents’ may, without further notice to the RxCare of Tennessee, Inc; Consent practices and providing for other relief: proposed respondents, (1) issue its Agreement With Analysis To Aid It is hereby agreed by and between complaint corresponding in form and Public Comment proposed respondents, by their duly substance with the draft of complaint authorized officers and attorneys, and and its decision containing the AGENCY: Federal Trade Commission. counsel for the Commission that: following Order in disposition of the ACTION: Consent Agreement. 1. Proposed respondent RxCare is a proceeding, and (2) make information corporation organized, existing, and public with respect thereto. When so SUMMARY: In settlement of alleged doing business under and by virtue of entered, the Order shall have the same violations of federal law prohibiting the laws of the State of Tennessee with force and effect and may be altered, unfair acts and practices and unfair its office and principal place of business modified or set aside in the same methods of competition, this consent located at 1226 17th Avenue South, manner and within the same time agreement, accepted subject to final Nashville, Tennessee 37212. provided by statute for other orders. The Commission approval, would bar the 2. Proposed respondent TPA is an Order shall become final upon service. leading provider of pharmacy network unincorporated trade association Delivery by the U.S. Postal Service of services in Tennessee from having organized, existing, and doing business the complaint and decision containing ‘‘most favored nation’’ clauses in its under and by virtue of the laws of the the agreed-to Order to proposed pharmacy participation agreements. The State of Tennessee with its office and respondents’ addresses as stated in this draft complaint accompanying the principal place of business located at agreement shall constitute service. consent agreement alleges that RxCare’s 226 Capitol Blvd., Suite 810, Nashville, Proposed respondents waive any right use of these clauses discourages the Tennessee 37219–1893. they may have to any other manner of pharmacies from discounting and 3. Proposed respondents admit all the service. The complaint may be used in thereby limits price competition among jurisdictional facts set forth in the draft construing the terms of the Order, and the pharmacies in their dealings with of complaint. no agreement, understanding, pharmacy benefits managers and third- 4. Proposed respondents waive: representation, or interpretation not party payers. a. Any further procedural steps; contained in the Order or the agreement b. The requirement that the DATES: Comments must be received on may be used to vary or contradict the Commission’s decision contain a or before March 29, 1996. terms of the Order. statement of findings of fact and ADDRESSES: Comments should be 8. Proposed respondents have read conclusions of law; the draft of complaint and Order directed to: FTC/Office of the Secretary c. All rights to seek judicial review or contemplated hereby. Proposed Room 159, 6th St. and Pa Ave., NW., otherwise to challenge or contest the respondents understand that once the Washington, DC 20580. validity of the Order entered pursuant to Order has been issued, they will be FOR FURTHER INFORMATION CONTACT: this agreement; and Michael D. McNeely, Federal Trade d. Any claim under the Equal Access required to file one or more compliance Commission, S–3231, 6th and to Justice Act. reports showing that they have fully Pennsylvania Avenue, NW, Washington, 5. This agreement shall not become complied with the Order. Proposed DC 20580. (202) 326–2904. part of the public record of the respondents further understand that SUPPLEMENTARY INFORMATION: Pursuant proceeding unless and until it is they may be liable for civil penalties in to section 6(f) of the Federal Trade accepted by the Commission. If this the amount provided by law for each Commission Act, 38 Stat. 721, 15 U.S.C. agreement is accepted by the violation of the Order after it becomes 46 and § 2.34 of the Commission’s rules Commission it, together with the draft of final. of practice (16 CFR 2.34), notice is complaint contemplated thereby, will be Order hereby given that the following consent placed on the public record for a period agreement containing a consent order to of sixty (60) days and information in I cease and desist, having been filed with respect thereto publicly released. The It is ordered That the following and accepted, subject to final approval, Commission thereafter may either definitions shall apply herein: by the Commission, has been placed on withdraw its acceptance of this A. ‘‘RxCare’’ means RxCare of the public record for a period of sixty agreement and so notify the proposed Tennessee, Inc.; its predecessors, (60) days. Public comment is invited. respondents, in which event it will take divisions, subsidiaries, affiliates, joint Such comments or views will be such action as it may consider ventures, successors, and assigns; and considered by the Commission and will appropriate, or issue and serve its all directors, officers, employees, agents, be available for inspection and copying complaint (in such form as the and representatives of the foregoing; at its principal office in accordance with circumstances may require) and B. ‘‘TPA’’ means the Tennessee § 4.9(b)(6)(ii) of the Commission’s rules decision, in disposition of the Pharmacists Association; its of practice (16 CFR 4.9(b)(6)(ii)). proceeding. predecessors, divisions, subsidiaries, 6. This agreement is for settlement affiliates, joint ventures, successors, and Agreement Containing Consent Order purposes only and does not constitute assigns; and all directors, officers, The Federal Trade Commission an admission by proposed respondents employees, agents, and representatives (‘‘Commission’’), having initiated an that the law has been violated as alleged of the foregoing; investigation of RxCare of Tennessee, in the draft of complaint or that the facts C. ‘‘Third-party payer’’ means any Inc. (‘‘RXCare’’), and its parent, the as alleged in the draft complaint, other person or entity that provides a program Tennessee Pharmacists Association than jurisdictional facts, are true. or plan pursuant to which such person (‘‘TPA’’), and it now appearing that 7. This agreement contemplates that, or entity agrees to pay for prescriptions RXCare and TPA, hereinafter sometimes if it is accepted by the Commission, and dispensed by pharmacies to individuals referred to as ‘‘proposed respondents,’’ if such acceptance is not subsequently described in the plan or program as are willing to enter into an agreement withdrawn by the Commission pursuant eligible for coverage (‘‘coveraged 2834 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices persons’’) and includes, but is not A. Remove all Most Favored Nations V limited to, health insurance companies; Clauses from its agreements with prepaid hospital, medical, or other pharmacy firms; It is further ordered That this Order health service plans, such as Blue Cross B. Distribute a copy of this Order, the shall terminate twenty (20) years from and Blue Shield plans; health attached Appendix, and the complaint the date this Order becomes final. maintenance organizations; preferred to each pharmacy firm with which Appendix provider organizations; and health RxCare has a participation agreement; [Date] benefits programs for government and employees, retirees and dependents; C. Publish the Appendix to this Order Announcement D. ‘‘Participation agreement’’ means in the RxCare Update and on the The Tennessee pharmacists Association any existing or proposed agreement, oral ‘‘RxCare Network News’’ page of the (TPA) and RxCare of Tennessee, Inc. or written, in which a third-party payer, Tennessee Pharmacist, or any successor (RxCare), have entered into a consent prescription benefit manager (PBM), publication(s). agreement with the Federal Trade Commission. Pursuant to this consent pharmacy service administrative IV organization (PSAO), or other firm agreement, the Commission issued a consent It is further ordered That, for the order on [Date] providing that RxCare and agrees to reimburse a pharmacy firm for TPA may no longer enforce a most Favored the dispensing of prescription drugs to purpose of determining or securing compliance with this Order, RxCare and Nations (MFN) clause in the RxCare network covered persons, and the pharmacy firm provider agreements. The MFN clause agrees to accept such payment from the TPA each shall: requires that if a participating pharmacy third-party payer, PMB, PSAO, or other A. Within sixty (60) days after the accepts a lower reimbursement rate than the firm for such prescriptions dispensed date this Order becomes final, submit to lowest RxCare rate, the pharmacy shall during the term of the agreement; the Commission a verified written accept its lower reimbursement rate for all E. ‘‘Pharmacy firm’’ means any report setting forth in detail the manner RxCare contracts in which it participates. As partnership, sole proprietorship, and form in which they intend to a result of the consent order, RxCare will not corporation, or other entity that owns, comply, are complying, and have require that pharmacies in its network that controls or operates one or more complied with this Order; enter into any agreement at a lower reimbursement rate than the RxCare pharmacies; and B. One year (1) from the date this Order becomes final, annually for the reimbursement rate shall accept such lower F. ‘‘Most Favored Nations Clause’’ or reimbursement rat for RxCare contracts. ‘‘MFN’’ means any agreement, next four (4) years on the anniversary of the date this Order becomes final, and For more specific information, TPA or understanding, or course of dealing RxCare pharmacy network members should between RxCare or TPA and any at other times as the Commission may refer to the FTC consent order itself. TPA and pharmacy firm under which, in the require, file a verified written report RxCare will provide a copy of the consent event the pharmacy firm accepts or with the Commission setting forth in order to each pharmacy firm with which agrees to accept from another third party detail the manner and form in which RxCare has a participation agreement. payer, PBM, PSAO or other firm a lower they have complied and are complying Baeteena Black, reimbursement rate than the lowest with this Order. Respondents shall Pharm. D., Executive Director, Tennessee RxCare reimbursement rate, the include in their compliance reports all Pharmacists Association. pharmacy firm must thereafter accept a written communications, internal Gary Cripps, memoranda, and reports and reduction in its reimbursement rate for Pharm. D., Chairman and President, RxCare any or all RxCare contracts in which it recommendations concerning of Tennessee, Inc. participates. The term ‘‘Most Favored compliance with this Order; RxCare, 951 0059 Nations Clause’’ includes, but is not C. For a period of ten (10) years after limited to, any price protection clause, the date this Order becomes final, Analysis of Proposed Consent Order to Aid buyer protection clause, prudent buyer permit any duly authorized Public Comment clause, consumer protection clause, representative of the Commission: The Federal Trade Commission has agreed meet or release clause, best price clause, 1. Access, during office hours and in to accept, subject to final approval, a or meeting competition clause. the presence of counsel, to inspect and proposed consent order settling charges that copy all books, ledgers, accounts, RxCare of Tennessee, Inc., and the Tennessee II correspondence, memoranda and other Pharmacists Association (TPA) violated It is further ordered That RxCare and records and documents in the Section 5 of the Federal Trade Commission TPA shall forthwith cease and desist, possession or under the control of Act. The proposed consent order has been directly or indirectly, from: respondents relating to any matters contained in this Order; and placed on the public record for sixty (60) A. Entering into, maintaining, or days for reception of comments by interested enforcing a Most Favored Nations 2. Upon five days’ notice to respondents and without restraint or persons. Comments received during this Clause in any participation agreement period will become part of the public record. with any pharmacy firm or by any other interference from it, to interview After sixty (60) days, the Commission will means or methods; officers, directors, or employees of again review the agreement and the B. Auditing any pharmacy firm for the respondents; and comments received and will decide whether purpose of enforcing a Most Favored D. For a period of ten (10) years after it should withdraw from the agreement or Nations Clause; or the date this Order becomes final, notify make final the agreement’s proposed order. C. Inducing, suggesting, urging, the Commission at least thirty (30) days The purpose of this analysis is to facilitate encouraging, or assisting any person or prior to any proposed change in TPA or public comment on the proposed order, and entity to take any action that if taken by RxCare such as dissolution, assignment, it is not intended to constitute an official sale resulting in the emergence of a interpretation of the agreement and proposed RxCare or TPA would violate this order. order, nor to modify in any way their terms. successor corporation, or the creation or III The proposed consent order has been dissolution of subsidiaries or any other entered into for settlement purposes only and It is further ordered That RxCare shall, change in the corporation that may does not constitute an admission by RxCare within thirty (30) days after the date this affect compliance obligations arising out or TPA that the law has been violated as Order becomes final: of the Order. alleged in the complaint. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2835

Description of Complaint has injured consumers by restricting price The MFN clause, in conjunction with the The complaint prepared by the competition among pharmacies in Tennessee, high percentage of Tennessee pharmacies’ Commission for issuance along with the effectively establishing the RxCare network participation in the RxCare network and the proposed order alleges the following: rate as a price floor for most Tennessee substantial amount of third-party business TPA is the largest association of pharmacies and inhibiting the entry of lower- arising from participation in that network, pharmacists in Tennessee. Among TPA’s priced pharmacy networks. has made it possible for RxCare to exercise goals is to ‘‘define and promote appropriate There are judicial decisions upholding the market power. Under these conditions, the compensation to pharmacists for patient use of MFN clauses against antitrust MFN clause effectively created a price floor care.’’ TPA owns RxCare. challenges. See, e.g., Blue Cross and Blue by discouraging discounting. In addition, RxCare is a pharmacy network, i.e., a group Shield United of Wisconsin v. Marshfield RxCare sought to use the MFN clause to of pharmacies that offer their services to Clinic, 65 F.3d 1406 (7th Cir. 1995); Ocean stabilize prices. For example, RxCare sought pharmacy benefit managers (PBMs) and to State Physicians Health Plan, Inc. v. Blue to persuade payers to increase their third-party payers (such as managed care Cross and Blue Shield of Rhode Island, 883 reimbursement rates to the RxCare level. The plans, insurers, and employers who pay for F.2d 1101 (1st Cir. 1989), cert. denied, 494 evidence, as a whole, was sufficient to prescription drugs provided as part of U.S. 1027 (1990). The Commission notes that demonstrate that the anticompetitive effects employee health benefit plans). Third-party these cases rest on facts that differ of the MFN clause outweighed any potential payers pay for about half of all prescriptions significantly from those giving rise to this efficiencies. in Tennessee. enforcement action. Cf. Marshfield, 65 F.3d at The complaint further alleges that RxCare 1415 (‘‘Perhaps * * * these clauses are Description of the Proposed Consent Order is the leading pharmacy network in misused to anticompetitive ends in some The proposed order would prohibit RxCare Tennessee, providing PBM and/or network cases; but there is no evidence of that in this and TPA from entering into, maintaining, or services to managed care plans and PMBs case’’). In particular, the conduct challenged enforcing any MFN clause, including accounting for approximately 2.4 million in the present enforcement action involved a auditing any pharmacy for the purpose of residents of Tennessee, who represent more combination of competing sellers using its enforcing an MFN clause. than half of Tennessee citizens with third- market power to stabilize prices. The proposed order would require RxCare party pharmacy benefits. Because the RxCare In Ocean State, the First Circuit Court of to remove all MFN clauses from its contracts network is the largest source of third-party Appeals rejected a rival HMO’s claim that with pharmacies, to distribute the order and business for Tennessee pharmacies, there is Blue Cross and Blue Shield of Rhode Island accompanying complaint to network a strong incentive for those pharmacies to violated Section 2 of the Sherman Act by pharmacies, and publish the order and participate in the RxCare network. The requiring its participating physicians to related documents. The order would also RxCare network includes approximately 95% adhere to a MFN clause. The court concluded require RxCare and TPA to file compliance of Tennessee pharmacies. that the MFN clause was not unreasonably reports, retain certain documents, and notify According to the Commission’s complaint, exclusionary, despite the finding that Blue the Commission of certain changes in its RxCare’s agreements with the pharmacies in Cross possessed market power. Ocean State, corporate structure. its provider network include a ‘‘most favored 883 F.2d at 1110. The court in Ocean State Donald S. Clark, nation’’ or ‘‘MFN’’ clause. This clause reasoned that a health insurer’s unilateral requires that if a network pharmacy accepts decisions about what it will pay providers do Secretary. a reimbursement rate lower than its RxCare not violate the Sherman Act and stated that Concurring Statement of Commissioner reimbursement rate, the pharmacy shall Blue Cross, ‘‘like any buyer of goods or Mary L. Azcuenaga in RxCare of Tennessee, accept the lower reimbursement rate for all services,’’ may lawfully ‘‘bargain with its Inc., File No. 951–0059 RxCare business. Each pharmacy in the providers for the best price it can get.’’ Id. at I join in the Commission’s decision to RxCare network agrees to this clause as a 1111. accept for public comment a consent order condition of remaining within the network In Marshfield, defendant Marshfield Clinic requiring the Tennessee Pharmacists and RxCare enforces this clause against (a multi-specialty medical group practice) Association (‘‘TPA’’), a trade association of pharmacies that have accepted lower required independent physicians contracting reimbursement rates from other payers. In pharmacists, and its affiliated provider of with its subsidiary HMO to adhere to a MFN addition, RxCare has discouraged pharmacies pharmacy network services, RxCare of clause. The Seventh Circuit Court of Appeals, from participating in rival networks seeking Tennessee, Inc., to eliminate the most in holding that the Clinic’s use of the MFN to offer prices below the RxCare favored nation clause from its provider clause did not violate Section 1 of the reimbursement level. RxCare did so by urging network contracts. I write separately to Sherman Act, appears to have focused on the pharmacies to refrain from such participation emphasize that this order does not call into Clinic’s role as a purchaser of physician and by warning that acceptance of such rates question the general lawfulness of most services and found no evidence to warrant could trigger the MFN clause. favored nation clauses.1 Although most The complaint further alleges that, because the conclusion that the MFN clause was used favored nation clauses usually raise no RxCare represents such a large portion of as a device to stabilize prices. 65 F.3d at 1415 competitive concerns, in this case, the clause their business, most Tennessee pharmacies (MFN clauses ‘‘are standard devices by was used in furtherance of a horizontal would incur an unacceptable revenue loss if which buyers try to bargain for low prices agreement to stabilize the reimbursement violating the MFN clause caused them to ** *. The Clinic did this to minimize the rates for retail pharmacy services, as alleged accept reduced reimbursement rates on all of cost of physicians to it * * *.’’). In addition, in paragraph eight of the complaint. their RxCare business. Thus, the MFN clause the court concluded that the Clinic’s HMO has provided a mechanism to diminish lacked market power, finding that less than Statement of Commissioner Christine A. significantly the incentives of RxCare 50 percent of physicians in the market were Varney in the Matter of RxCare, File No. network pharmacies to discount their rates to HMO providers and that the HMO did not 951–0059 third-party payers seeking to offer network represent enough of each physician’s RxCare, a pharmacy network established services with lower reimbursement rates. The business to impede selective discounting. Id. and owned by the Tennessee Pharmacists MFN clause has also enabled the pharmacies at 1411 (‘‘The 900 independent contractors Association, contracts with health plans to to assure each other that they will not derive only a small fraction of their income provide prescription drugs to the plans’ compete by selectively discounting their from these [Marshfield] contracts’’). subscribers. I have voted to issue the rates. Further, the complaint alleges that In the present case, however, the complaint and accept the consent order in third-party payers in states other than Commission found reason to believe that a this matter because I agree that the most Tennessee frequently offer reimbursement group of competing sellers exercised market favored nations clause, in this case, may have rates below the RxCare reimbursement rate power through use of an MFN clause, and that the evidence, analyzed under a full rule- and that the MFN clause has caused payers 1 Although this point, among others, is made in to pay higher rates in Tennessee than in other of-reason inquiry, demonstrated that the the Analysis To Aid Public Comment, I express no states. RxCare MFN clause, on balance, has harmed opinion on that analysis, which by its own terms The complaint alleges that RxCare’s consumers. In particular, the Commission ‘‘is not intended to constitute an official adoption and enforcement of the MFN clause found reason to believe that: interpretation’’ of the Commission’s action. 2836 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices lessened competition. But, in doing so, I practices on PLA’s and ELA’s. The May the events occurring prior to death for want to emphasize that joint ventures by 15 notice stated that the committee infants who died of SIDS or their retail pharmacists can be precompetitive by meetings would be held quarterly to parents to determine the causes of SIDS. injecting new competition into the market for 2 review all of the RTF decisions. The The annual burden estimates are as pharmacy benefit management services. I January 1996 committee meeting is follows: believe many of RxCare’s programs can be procompetitive. The matter before the FTC being cancelled because there were no concerns only one aspect of RxCare’s RTF actions taken by CBER in the Avg. previous quarter. Est. Est. No. hours re- pharmacy benefit management programs—its Case type total of re- quired for imposition of a most favored nations clause. Dated: January 22, 1996. cases sponses total re- By working on an expedited basis, staff has William K. Hubbard, sponses been able to identify this concern quickly and, by working closely with RxCare, has Associate Commissioner for Policy SIDS ...... 600 480 1 resolved it in a mutually agreeable fashion. Coordination. Controls ...... 1200 960 1 [FR Doc. 96–1497 Filed 1–28–96; 8:45 am] [FR Doc. 96–1513 Filed 1–26–96; 8:45 am] BILLING CODE 4160±01±F BILLING CODE 6750±01±M Dated: January 19, 1996. Benjamin E. Fulton, Executive Officer, NICHD. National Institutes of Health DEPARTMENT OF HEALTH AND [FR Doc. 96–1448 Filed 1–26–96; 8:45 am] HUMAN SERVICES ``Infant Sleep Position and Sudden BILLING CODE 4140±01±M Infant Death Syndrome (SIDS) Risk'' Food and Drug Administration Study; Proposed Data Collection John E. Fogarty International Center Product and Establishment License In compliance with Section for Advanced Study in the Health Applications, Refusal to File; Meeting 3506(c)(2)(A) of the Paperwork Sciences; Notice of Meeting of the of Oversight Committee; Cancellation Reduction Act of 1995, the National Fogarty International Center Advisory Institute of Child Health and Human Board AGENCY: Food and Drug Administration, Development (NICHD), National HHS. Institutes of Health (NIH) is publishing Pursuant to Public Law 92–463, as ACTION: Notice. this notice to solicit public comment on amended, notice is hereby given of the the data collection proposed for the thirty-second meeting of the Fogarty SUMMARY: The Food and Drug study on ‘‘Infant Sleep Position and International Center (FIC) Advisory Administration (FDA) is announcing SIDS Risk’’ for the Pregnancy and Board, February 6, 1996, in the Lawton cancellation of the meeting for January Perinatology Program. To request copies Chiles International House (Building 16) 1996 of its standing oversight committee of the data collection plans and at the National Institutes of Health. (the committee) in the Center for instruments, call Dr. Marian Willinger, The meeting will be open to the Biologics Evaluation and Research (301) 496–5575 (not a toll-free number). public from 8:30 a.m. to 10:30 a.m. In (CBER) that conducts a periodic review Comments are invited on: (a) whether addition to a report by the Director, FIC, of CBER’s use of its refusal to file (RTF) the proposed collection is necessary, the agenda will focus on the status of practices on product license including whether the information has a FIC programs and plans. applications (PLA’s) and establishment practical use; (b) ways to enhance the In accordance with the provisions of applications (ELA’s). The meeting is clarity, quality, and use of the sections 552b(c)(4) and 552b(c)(6), Title being cancelled because there were no information to be collected; (c) the 5, United States Code and section 10(d) RTF actions taken by CBER in the accuracy of the agency estimate of of Public Law 92–463, as amended, the previous quarter. CBER’s RTF oversight burden of the proposed collection; and meeting will be closed to the public committee examines all RTF decisions (d) ways to minimize the collection from 11:00 a.m. to adjournment for the which occurred during the previous burden of the respondents. Written review of applications for awards under quarter to assess consistency across comments are requested within 60 days the Senior International Fellowship CBER offices and divisions in RTF of the publication of this notice. Send Program and the International Research decisions. comments to Dr. Marian Willinger, Fellowship Program; and the Fogarty DATES: The meeting scheduled for Pregnancy and Perinatology Branch, International Research Collaboration January 1996 is cancelled. The next Center for Research for Mothers and Awards and HIV, AIDS and Related meeting is scheduled for April 1996. Children (CRMC), NICHD, NIH, Illnesses Collaboration Awards. Paula Cohen, Committee Management FOR FURTHER INFORMATION CONTACT: Joy Building 6100, Room 4B11H, 6100 A. Cavagnaro, Center for Biologics Executive Boulevard, Bethesda, MD Officer, Fogarty International Center, Evaluation and Research (HFM–2), Food 20852. National Institutes of Health, Building 31, Room B2C08, 31 CENTER DR MSC and Drug Administration, 1401 Proposed Project Rockville Pike, Rockville, MD 20852– 2220, Bethesda, MD 20892–2220, 1448, 301–827–0372. The Center for Research for Mothers telephone: 301–496–1491, will provide and Children intends to conduct the a summary of the meeting and a roster SUPPLEMENTARY INFORMATION: In the study for ‘‘Infant Sleep Position and of the committee members upon Federal Register of May 15, 1995 (60 FR SIDS Risk.’’ The CRMC is authorized by request. 25920), FDA announced the Section 452 of Part G of Title IV of the Irene Edwards, Executive Secretary, establishment of a standing oversight Public Health Service Act (42 U.S.C. Fogarty International Center Advisory committee in CBER to conduct periodic 288) as amended by the NIH Board, Building 31, Room B2C08, reviews of CBER’s use of its RTF Revitalization Act of 1993 (Pub. L. 103– telephone: 301–496–1491, will provide 43). substantive program information. 2 See Prepared Remarks of Christine A. Varney, Individuals who plan to attend and ‘‘Responses to the Managed Care Revolution: A The information proposed for Competition Policy Perspective,’’ Conference of the collection will be used by the NICHD to need special assistance, such as sign National Ass’n of Retail Druggists, March 27, 1995. study if there is any correlation between language interpretation or other Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2837 reasonable accommodations, should discussions could reveal personal Dated: January 22, 1996. contact Ms. Cohen at least 2 weeks in information including consideration of Susan K. Feldman, advance of the meeting. personnel qualifications and Committee Management Officer, NIH. This notice is being published less performance, the disclosure of which [FR Doc. 96–1446 Filed 1–26–96; 8:45 am] than 15 days prior to the above meeting would constitute a clearly unwarranted BILLING CODE 4140±01±M due to the partial shutdown of the invasion of personal privacy. Federal Government and the urgent This notice is appearing less than 15 need to meet timing limitations imposed National Institute of Mental Health; days before the scheduled meeting due by the review funding cycle. Notice of Closed Meetings to the partial shutdown of the Federal (Catalog of Federal Domestic Assistance Government. Program No. 93.989, Senior International Pursuant to Section 10(d) of the Awards Program) (Catalog of Federal Domestic Assistance Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice Dated: January 22, 1996. Program Numbers: 93.393, Cancer Cause and is hereby given of the following Susan K. Feldman, Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, meetings of the National Institute of Committee Management Officer, NIH. Cancer Treatment Research; 93.396, Cancer Mental Health Initial Review Group: [FR Doc. 96–1447 Filed 1–26–96; 8:45 am] Biology Research; 93.397, Cancer Centers Agenda/Purpose: To review and evaluate BILLING CODE 4140±01±M Support; 93.398, Cancer Research Manpower; grant applications. 93.399, Cancer Control.) Committee Name: Services Research National Cancer Institute; Notice of Dated: January 23, 1996. Review Committee. Susan K. Feldman, Date: February 6–February 7, 1996. Meeting Time: 8:30 a.m. Committee Management Officer, NIH. Pursuant to Section 10(d) of the Place: Hyatt Regency Bethesda, One Federal Advisory Committee Act, as [FR Doc. 96–1642 Filed 1–26–96; 8:45 am] Bethesda Metro Center, Bethesda, MD 20814. BILLING CODE 4140±01±M Contact Person: Angela L. Redlingshafer, amended (5 U.S.C. Appendix 2), notice Parklawn, Room 9C–18, 5600 Fishers Lane, is hereby given of the following meeting Rockville, MD 20857, Telephone: 301–443– of the National Cancer Institute National National Institute on Deafness and 1367. Cancer Advisory Board (NCAB) Committee Name: Mental Disorders of Activities and Agenda Subcommittee. Other Communication Disorders; Notice of Closed Meeting Aging Review Committee. The Committee Management Office, Date: February 8–February 9, 1996. National Cancer Institute, National Time: 9 a.m. Institutes of Health, Executive Plaza Pursuant to Section 10(d) of the Place: Chevy Chase Holiday Inn, 5520 North, Room 630E, 9000 Rockville Pike, Federal Advisory Committee Act, Wisconsin Avenue, Chevy Chase, MD 20815. Bethesda, Maryland 20892 (301/496– amended (5 U.S.C. Appendix 2), notice Contact Person: W. Gregory Zimmerman, 5708), will provide summaries of the is hereby given of the following Parklawn, Room 9C–18, 5600 Fishers Lane, meeting and a roster of the meeting: Rockville, MD 20857, Telephone: 301–443– 1340. subcommittee members upon request. Name of Committee: Communication Committee Name: Health Behavior and Individuals who plan to attend the Disorders Review Committee. open session and need special Prevention Review Committee. Date: February 22–23, 1996. Date: February 12–February 13, 1996. assistance, such as sign language Time: 8 a.m.–5:30 p.m., February 22; 8 Time: 9 a.m. interpretation or other reasonable a.m.–adjournment, February 23. Place: Embassy Suites Hotel, 4300 Military accommodations, should contact Ms. Place: Doubletree Hotel, 1750 Rockville Road, NW., Washington, DC 20015. Carole Frank, Committee Management Pike, Rockville, MD 20852. Contact Person: Monica F. Woodfork, Specialist, at 301/496–5708 in advance Contact Person: Craig A. Jordan, Ph.D., Parklawn Building, Room 9C–26, 5600 of the meeting. Attendance by the Scientific Review Administrator, NIDCD/ Fishers Lane, Rockville, MD 20857, public will be limited to space available. DEA/SRB, EPS Room 400C, 6120 Executive Telephone: 301–443–4843. Committee Name: Treatment Assessment Committee Name: NCAB Activities and Boulevard, MSC 7180, Bethesda, MD 20892– Agenda Subcommittee. 7180, 301–496–8683. Review Committee. Date: January 30, 1996. Purpose/Agenda: To review and evaluate Date: February 15–February 16, 1996. Time: 8:30 a.m. Place: National Cancer Institute, Via grant applications. telephone conference, 6130 Executive Blvd. Place: Hyatt Regency Bethesda, One EPN, Conference Rm. 640, Rockville, MD The meeting will be closed in Bethesda Metro Center, Bethesda, MD 20814. Contact Person: Phyllis L. Zusman, 20852. accordance with the provisions set forth Open: 1 p.m. to 2:30 p.m. Parklawn Building, Room 9C–18, 5600 in secs. 552b(c)(4) and 552b(c)(6), title 5, Fishers Lane, Rockville, MD 20857, Agenda: Discussion of future NCAB agenda U.S.C. The applications and/or items and other topics of interest, future of Telephone: 301–443–1340. proposals and the discussion could possible mini-symposia, periodic information The meetings will be closed in reveal confidential trade secrets or updates, and organization of NCAB meetings accordance with the provisions set forth commercial property such as patentable and subcommittee meetings. in secs. 552b(c)(4) and 552b(c)(6), Title Closed: 2:30 p.m. to 4 p.m. material and personal information Agenda: Discussion of the participation of 5, U.S.C. Applications and/or proposals concerning individuals associated with and the discussions could reveal individual employees in support of NCAB the applications and/or proposals, the activities. confidential trade secrets or commercial Contact Person: Marvin R. Kalt, Ph.D., disclosure of which could constitute a property such as patentable material National Cancer Institute, 6130 Executive clearly unwarranted invasion of and personal information concerning Blvd., EPN, Conference Rm. 640, Rockville, personal privacy. individuals associated with the MD 20852, Telephone: 301–496–5147. (Catalog of Federal Domestic Assistance applications and/or proposals, the The meeting will be closed in Program No. 93.173 Biological Research disclosure of which would constitute a accordance with the provisions set forth Related to Deafness and Communication clearly unwarranted invasion of in Section 552b(c)(6), Title 5, U.S.C. The Disorders) personal privacy. 2838 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

This notice is being published less Dated: January 24, 1996. clarity of the information to be than 15 days prior to the above meetings Susan K. Feldman, collected; and (d) ways to minimize the due to the partial shutdown of the Committee Management Officer, NIH. burden of the collection of information Federal Government and the urgent [FR Doc. 96–1643 Filed 1–26–96; 8:45 am] on respondents, including through the need to meet timing limitations imposed BILLING CODE 4140±01±M use of automated collection techniques by the review and funding cycle. or other forms of information (Catalog of Federal Domestic Assistance technology. Program Numbers 93.242, 93.281, 93.282) Substance Abuse and Mental Health Proposed Project: Alcohol and Drug Dated: January 23, 1996. Services Administration Services Survey (ADSS) Phases II and Susan K. Feldman, III—New—ADSS Phase II will gather Committee Management Officer, NIH. Proposed Data Collection Available for Public Comment information from a sample of 180 [FR Doc. 96–1644 Filed 1–26–96; 8:45 am] treatment facilities nationwide, BILLING CODE 4140±01±M In compliance with Section including facility-level information on 3506(c)(2)(A) of the Paperwork substance abuse treatment services and Reduction Act of 1995 for opportunity National Institute of Mental Health; client record abstracts on a sample of for public comment on proposed data 4,050 treatment clients. Phase III will Amended Notice of Meeting collection projects, the Substance Abuse collect follow up data from the Phase II and Mental Health Services Notice is hereby given of a change in client sample, including post-treatment Administration will publish periodic the meeting of the National Advisory data on drug and alcohol use, criminal Mental Health Council of the National summaries of proposed projects. To request more information on the behavior, employment status, and Institute of Mental Health on January subsequent treatment services. This 29, 1996. The notice was published in proposed projects or to obtain a copy of ADSS client sample, along with the the Federal Register, Volume 61, on the data collection plans and 1990 DSRS/SROS study cohort of January 24, 1996. instruments, call the SAMHSA Reports The Council was to have convened in Clearance Officer on (301) 443–0525. approximately 3,000 clients and an out- Open session on January 29, 1996, at Comments are invited on: (a) Whether of-treatment comparison group of 600 9:00 a.m. to noon and then continue the proposed collection of information drug users, will be followed over about with a Closed session at 1:00 p.m. until is necessary for the proper performance three years. Automated collection adjournment. The Open session will of the functions of the agency, including techniques are not cost-effective for this now be held at 9:00 a.m. to 10:30 a.m. whether the information shall have study. ADSS is a three-phase study that During the Open session the Deputy practical utility; (b) the accuracy of the will be conducted twice. The total Director, NIH, will present the NIH agency’s estimate of the burden of the annual burden estimate for Phases II Director’s Report. The Closed session proposed collection of information; (c) and III of the first cycle of ADSS is will remain at 1:00 p.m. to adjournment. ways to enhance the quality, utility, and 11,703 hours, as shown below:

No. of re- No. of re- sponses/re- Av. burden/re- Total burden spondents spondent sponse

Treatment facility staff ...... 180 2 .8 288 Clients ...... 7,050 1 1.5 10,575 Out-of-treatment group ...... 600 2 .7 840

Send comments to Deborah Trunzo, Policy Review Advisory Commission Curt Brown, Program Manager, Western SAMHSA Reports Clearance Officer, (Commission), established by the Water Policy Review Office, PO Box Room 16–105, Parklawn Building, 5600 Secretary of the Interior under the 25007, Denver, Colorado 80255, (303) Fishers Lane, Rockville, MD 20857. Reclamation Projects Authorization and 236–6211. Written comments should be received Adjustment Act of 1992, will hold its SUPPLEMENTARY INFORMATION: The within 60 days of this notice. first meeting to discuss the goals and Reclamation Projects Authorization and Dated: January 22, 1996. activities of the Commission. The Adjustment Act of 1992, Pub. L. 102– Richard Kopanda, meetings will be open to the public. 575, Section 30 directs the President to Acting Executive Officer, SAMHSA. DATES: Meetings will be held on Friday, undertake a comprehensive review of February 16, 1996 from 9 a.m. to 5 p.m. [FR Doc. 96–1516 Filed 1–26–96; 8:45 am] Federal activities in the 19 Western and Saturday, February 17, 1996 from BILLING CODE 4162±20±P States which affect the allocation and 8:30 a.m. to noon. use of water resources, and to submit a ADDRESSES: The Commission meeting report on the President’s finding and will be held in the Council Chambers in recommendations to Congress. The DEPARTMENT OF THE INTERIOR Templeton Center on the Lewis and Secretary of the Interior established the Clark College Campus, 0615 SW Commission to provide assistance Western Water Policy Review Advisory Palatine Hill Road, Portland, Oregon. regarding the President’s report to Commission; Meetings Parking will be in the Griswold Parking Congress. The President’s report is due AGENCY: Department of the Interior. Lot which will be marked by red and to Congress by October 2, 1997. white signs. Maps to Council Chambers ACTION: Notice of open meetings. The Commission will discuss goals will be available at Campus Security and objectives and a workplan to guide SUMMARY: Pursuant to the Federal located at the south end of the Griswold their investigations, as well as perform Advisory Committee Act, notice is lot. other duties specific to the Commission. hereby given that the Western Water FOR FURTHER INFORMATION CONTACT: Time will be available for public Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2839 comments during the morning session, same address. In addition, the Draft EIS specific as possible. It is also helpful if Saturday, February 17. Members of the and supporting documentation are comments refer to specific pages or public may submit written statements to available for review at the following chapters in the document. Comments the Commission at the address listed locations: BLM, Carson City District may address the adequacy of the Draft above, or at the meeting. If you wish to Office, Carson City, Nevada; BLM, EIS and/or the merits of the alternatives make a 5 minute oral presentation, Nevada State Office, Reno, Nevada; formulated and discussed in the please call the Commission office at University of Nevada, Library, Reno, document. Reviewers may wish to refer (303) 236–6211 prior to February 9. Nevada and the Silver Springs Library, to the Council on Environmental Members of the public making oral Silver Springs, Nevada. Quality Regulations for Implementing presentations should submit a written FOR FURTHER INFORMATION CONTACT: Ron the Procedural Provisions of the copy of their remarks at the meeting. Moore, Talapoosa Mine EIS Project National Environmental Policy Act at 40 Seating and oral presentations at the Manager, Bureau of Land Management, CFR 1503.3 in addressing these points. meeting will be limited and therefore on 1535 Hot Springs Rd., Carson City, After the comment period ends on the a first come basis. Nevada 89706, (702) 885–6155. Draft EIS, comments will be analyzed Dated: January 23, 1996. SUPPLEMENTARY INFORMATION: Talapoosa and considered by the BLM in preparing David Cottingham, Mining Inc. has submitted a Plan of the Final EIS. Counselor to the Assistant Secretary for Water Operations for the construction, Dated: January 23, 1996. and Science, Designated Federal Official. operation, and reclamation of a gold/ John O. Singlaub, [FR Doc. 96–1445 Filed 1–26–96; 8:45 am] silver heap leach mining operation at District Manager, Carson City District Office. BILLING CODE 4310±94±M the historic Talapoosa mine site, north [FR Doc. 96–1514 Filed 1–26–96; 8:45 am] of Silver Springs, Nevada. The operation BILLING CODE 4310±HC±P would include a new open pit mine, Bureau of Land Management leaching facilities, haul and access [NV±030±96±1990±02] roads, and utility corridors. Operations Fish and Wildlife Service are expected to last from seven to ten Availability for Talapoosa Mining Inc.'s years. The operations would be Atlantic Coastal Fisheries Cooperative Talapoosa Mine Project Draft primarily on public lands administered Management Act; Meeting Environmental Impact Statement and by the Bureau of Land Management, AGENCY: Department of the Interior, Fish Notice of Comment Period and Public Carson City District Office, Lahontan and Wildlife Service. Meeting Resource Area, with a portion on private lands controlled by Talapoosa Mining ACTION: Notice of meeting. AGENCY: Bureau of Land Management, Inc. The project area would encompass Department of the Interior. 2,673 acres, with 2,340 acres of public SUMMARY: The U.S. Fish and Wildlife ACTION: Notice of availability for the land administered by the BLM, and 333 Service and the National Marine draft environmental impact statement acres of private land. Approximately Fisheries Service (NMFS) will hold a (EIS), for Talapoosa Mining Inc.’s 596 acres of surface disturbance would joint meeting to discuss coordination of Talapoosa Mine Project, Lyon County, result from the construction and activities that support Atlantic States Nevada; and notice of comment period operation of the proposed mine. Marine Fisheries Commission coastal and public meetings. This Draft EIS analyzes the fisheries management plans under the environmental impacts associated with Atlantic Coastal Fisheries Cooperative SUMMARY: Pursuant to section 102(2)(C) the proposed mine and ancillary Management Act and the Atlantic of the National Environmental Policy facilities, and the no action alternative. Striped Bass Conservation Act. Act, 40 CFR 1500–1508, and 43 CFR In addition, the Draft EIS focuses on the DATES: The meeting will be held on 3809, notice is given that the Bureau of issues of water quality and quantity, February 14, 1996, at 10:00 a.m. to 3:00 Land Management (BLM) has prepared, social and economic values, noise and p.m. and is open to the public. with the assistance of a third-party visual quality that were identified consultant, a Draft EIS on the proposed ADDRESSES: The meeting will be held at through public scoping. Talapoosa Mine Project, and has made NMFS Headquarters, Silver Spring A copy of the Draft EIS has been sent Metro Center, Building III, Room 3404, copies available for public and agency to all individuals, agencies, and groups review. 1315 East-West Highway, Silver Spring, who have expressed interest in the MD 20910. DATES: Written comments on the Draft project or as mandated by regulation or EIS must be submitted or postmarked to policy. A limited number of copies are FOR FURTHER INFORMATION CONTACT: the BLM no later than April 2, 1996. available upon request from the BLM at Brian Lubinski, U.S. Fish and Wildlife Oral and/or written comments may also the address listed above. Service, 4401 N. Fairfax Drive, Room be presented at a public open-house Public participation has occurred 840, Arlington, VA 22203, (703) 358– meeting, to be held: during the EIS process. A Notice of 1718. February 13, 1996 Intent was filed in the Federal Register SUPPLEMENTARY INFORMATION: This 4:00–7:00 p.m. in March 1995, and an open scoping meeting is being held pursuant to Public McAtee Building, 2495 Ft. Churchill Rd., period was held for 30 days. Two public Law 103–206 and Public Law 102–103. Silver Springs, NV. scoping meetings to solicit comments Minutes of the meetings will be ADDRESSES: Written comments on the and ideas were held in April 1995. All maintained by the U.S. Fish and Draft EIS should be addressed to: comments presented to the BLM Wildlife Service, Room 840, 4401 North Bureau of Land Management, Carson throughout the EIS process have been Fairfax Drive, Arlington, Virginia 22203 City District Office, 1535 Hot Springs considered. and the National Marine Fisheries Rd., Carson City, Nevada 89706, Attn.: To assist the BLM in identifying and Service, F/CM, Metro Center, 1315 East- Ron Moore, Talapoosa Mine EIS Project considering issues and concerns on the West Highway, Silver Spring, MD Manager. A limited number of copies of proposed action and alternatives, 20910, and will be available for public the Draft EIS may be obtained at the comments on the Draft EIS should be as inspection during regular business 2840 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices hours, Monday through Friday within controlled substances by fraud, deceit, that, it was not simply the normal need 30 days following the meeting. and subterfuge. At a pre-trial hearing, for privacy that all psychiatric patients Dated: January 19, 1996. the Respondent had testified that have, but the enlarged need caused by Gary Edwards, beginning in 1981 and continuing until the political nature of these facts. 1993, he had issued prescriptions for Testimony at trial showed that Assistant Director—Fisheries; Co-Chair, Atlantic Coastal Fisheries Cooperative Schedule IV controlled substances psychiatric patients suffer a stigma in Management Act Coordination Committee. intended for Justice Larsen’s use, but he society, and that public figures bear [an] [FR Doc. 96–1126 Filed 1–26–96; 8:45 am] had issued the prescriptions in the even greater burden.’’ The Respondent name of third-parties. Specifically, also wrote that during the trial, Justice BILLING CODE 4310±55±M during this time he wrote approximately Larsen’s psychiatrist and neurologist 34 prescriptions for Valium, diazepam, had testifed that ‘‘they probably would Ativan, and Serax in the names of two have done the same thing * * * [that] DEPARTMENT OF JUSTICE of Justice Larsen’s secretaries and one it is common practice, especially in Drug Enforcement Administration law clerk. The Respondent had never psychiatric patients, to do this. There met these individuals, and they were have been dire consequences where this Earl A. Humphreys, M.D.; Revocation not his patients. The three named privacy has been broken.’’ However, the of Registration individuals testified at the pre-trial trial transcript from Justice Larsen’s trial hearing that in each instance they had was not a part of the investigative On April 12, 1995, the Deputy picked up the filled prescription at a record, and the Respondent did not Assistant Administrator, Office of local pharmacy, had delivered the attach a copy of the referenced sections Diversion Control, Drug Enforcement medication to Justice Larsen, and in no to his Reply. Administration (DEA), issued an Order case had they taken the prescribed On September 14, 1995, the to Show Cause to Earl A. Humphreys, medications themselves. The Pennsylvania Bureau of Professional M.D., (Respondent) of Pittsburgh, Respondent was not paid for issuing and Occupational Affairs (Bureau) filed Pennsylvania, notifying him of an these prescriptions. formal disciplinary charges and a show opportunity to show cause as to why During this time, Justice Larsen was cause order against the Respondent. The DEA should not revoke his DEA being treated by either a psychologist or Bureau’s charges focused upon the Certificate of Registration, AH1675252, a psychiatrist, but the Respondent was Respondent’s prescribing practices to under 21 U.S.C. 824(a)(4), and deny any his family physician. The Respondent Justice Larsen between March 1981 and pending application under 21 U.S.C. testified that he examined Justice Larsen March 1993, noting that he had 823(f), as being inconsistent with the about every six months, but not prescribed controlled substances to four public interest. Specifically, the Order necessarily prior to issuing each of the named individuals who were not his to Show Cause alleged that ‘‘from the prescriptions. Rather, Justice Larsen patients and had not received treatment early 1980s to mid-1993, [the would telephone the Respondent and from him. Further, the Bureau alleged Respondent] prescribed controlled tell him what substances he wanted and that the Respondent had failed to substances to at least four individuals in whose name to issue the prescription. conduct physical examinations and re- without a legitimate medical need and The Respondent would then comply evaluations concurrent with the issuing with knowledge that these individuals with his patient’s request. The of prescriptions to Justice Larsen, and were not the ultimate recipients of the Respondent also testified that he was that the records the Respondent controlled substances.’’ aware of Justice Larsen’s diagnosed maintained pertaining to Justice Larsen On May 1, 1995, the Respondent, condition, to include clinical depression were incomplete and inaccurate. The through counsel, filed a reply to the and anxiety, and that it was the order also asserts that the Respondent’s show cause order (Reply), waiving his Respondent’s belief that every actions were ‘‘unprofessional’’ and hearing right and providing a factual medication he prescribed for Justice departed from or failed to conform to response to the allegations in the show Larsen was for a legitimate medical ‘‘an ethical or quality standard of the cause order. Accordingly, the Deputy purpose. The Respondent testified that profession.’’ The order also states that if Administrator now enters his final order he had prescribed the substances in found, these violations of Pennsylvania in this matter pursuant to 21 C.F.R. legitimate medical dosage amounts and law and regulations would result in 1301.54(e), 1301.57, without a hearing at appropriate time intervals. He stated civil penalties to include fines and the and based on the investigative file and that he prescribed these controlled revocation of his medical license. the written Reply submitted by the substances in this manner in order to However, the results of this proposed Respondent. preserve his patient’s privacy, for ‘‘[t]he State action are not reflected in the The Deputy Administrator finds that public doesn’t have to know what investigative file or in the Respondent’s the Respondent is licensed to practice medications he’s taking. That’s my job Reply. medicine and surgery in the to provide privacy for him.’’ However, Pursuant to 21 U.S.C. 823(f) and Commonwealth of Pennsylvania, the Respondent was not aware of any 824(a)(4), the Deputy Administrator may specializing in gastroenterology and prescriptions issued to Justice Larsen by revoke the Respondent’s DEA Certificate internal medicine. He is registered as a his treating psychiatrist or psychologist, of Registration and deny any pending practitioner with the DEA, AH1675252, and he had not coordinated his applications, if he determines that the to handle Schedules II through V prescribing with any of his patient’s continued registration would be controlled substances. In his Reply, the other care providers. inconsistent with the public interest. Respondent wrote that he had been in In the Reply, the Respondent’s Section 823(f) requires that the practice for thirty-five years, and ‘‘I have attorney wrote that ‘‘[t]he facts following factors be considered. not had a mark against my record.’’ developed during [Justice Larsen’s] trial (1) The recommendation of the The Respondent was the personal showed that for a period of many years appropriate State licensing board or physician and friend of Justice Rolf a local newspaper * * * had carried professional disciplinary authority. Larsen of the Pennsylvania Supreme stories relating not just to Justice (2) The applicant’s experience in Court. Justice Larsen was charged with Larsen’s judicial conduct, but to his dispensing, or conducting research with 27 state felony counts for obtaining family and personal matters * * * So respect to controlled substances. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2841

(3) The applicant’s conviction record (1995). The Respondent’s issuing and to provide information which under Federal or State laws relating to prescriptions for controlled substances would assure the Deputy Administrator the manufacture, distribution, or to individuals unknown to him and not that the Respondent’s future prescribing dispensing of controlled substances. under his medical care would not meet practices would not pose a threat to the (4) Compliance with applicable State, this criteria. Further, the Respondent’s public interest. Federal, or local laws relating to prescribing of controlled substances to Accordingly, the Deputy controlled substances. Justice Larsen merely upon his request, Administrator of the Drug Enforcement (5) Such other conduct which may without seeing him, examining him, or Administration, pursuant to the threaten the public health or safety. otherwise making a medical evaluation authority vested in him by 21 U.S.C. 823 These factors are to be considered in prior to issuing the prescription, and 824, and 28 CFR 0.100(b) and 0.104, the disjunctive; the Deputy demonstrated behavior such that the hereby orders that DEA Certificate of Administrator may rely on any one or a patient’s demands seemed to replace the Registration, AH1675252, issued to Earl combination of factors and may give physician’s judgment. The Deputy A. Humphreys, M.D. be, and it hereby each factor the weight he deems Administrator has previously found that is, revoked, and any pending appropriate in determining whether a prescriptions issued under such applications for renewal of said registration should be revoked or an circumstances were not a legitimate registration are denied. This order is application for registration denied. See medical purpose: for example, when an effective February 28, 1996. Henry J. Schwartz, Jr., M.D., Docket No. undercover officer dictated the Dated: January 23, 1996. 88–42, 54 FR 16,422 (1989). controlled substance to be given, ‘‘rather Stephen H. Greene, In this case, factors one, two, four, than Respondent, as a practitioner, and five are relevant in determining determining the medication appropriate Deputy Administrator. whether the Respondent’s continued for the medical condition presented by [FR Doc. 96–1560 Filed 1–26–96; 8:45 am] registration would be inconsistent with the officer.’’ Ibid. Such uncontroverted BILLING CODE 4410±09±M the public interest. As to factor one, actions on the part of the Respondent ‘‘recommendation of the appropriate are preponderating evidence that he has [Docket No. 94±19] State licensing board,’’ the Pennsylvania dispensed controlled substances in Bureau has issued an extensive and violation of federal law. Terrence E. Murphy, M.D.; Revocation comprehensive show cause order As to factor five, ‘‘[s]uch other of Registration alleging that the Respondent has conduct which may threaten the public engaged in a twelve year pattern of health or safety,’’ the Deputy On November 30, 1993, the Deputy prescribing controlled substances to Administrator finds significant that the Assistant Administrator (then Director), individuals who were not his patients. Respondent, in issuing controlled Office of Diversion Control, Drug The Bureau asserted that such conduct, substance prescriptions for the use of Enforcement Administration (DEA), if found, would violate state law and Justice Larsen, failed to coordinate these issued an Order to Show Cause to regulations, potentially justifying prescriptions with his patient’s other Terrence E. Murphy, M.D., (Respondent) revocation of his medical license and care providers. Although, in the normal of Tulsa, Oklahoma, notifying him of an imposition of a fine for each instance of course of prescribing, safeguards may opportunity to show cause as to why such behavior. However, the result of exist at pharmacies to prevent over- DEA should not revoke his DEA this show cause order is not contained prescribing of controlled substances to a Certificate of Registration, AM2822876, in the record reviewed at this time by single patient, in this case, since the under 21 U.S.C. 824(a), and deny any the Deputy Administrator. Therefore, prescriptions were not issued in the pending applications for renewal of his although relevant that the Bureau, after patient’s name, such safeguards would registration as a practitioner under 21 investigating the Respondent’s conduct, fail to identify this patient as a recipient U.S.C. 823(f), as being consistent with initiated disciplinary action, the Deputy of multiple, controlled substances the public interest. Specifically, the Administrator has weighed the State’s prescriptions. Order to Show Cause alleged that: actions accordingly, remaining aware Further, the public was at risk from 1. [The Respondent’s] continued that the Bureau has merely asserted the potential for diversion of controlled registration would be inconsistent with the allegations, and that the outcome of the substances by both the patient who public interest, as that term is used in 21 State’s actions remains unknown. could have received, undetected, U.S.C. 823(f) and 824(a)(4), as evidenced by, As to factor two, the Respondent’s multiple prescriptions for controlled but not limited to, the following: ‘‘experience in dispensing * ** substances, and the named individuals a. Effective October 26, 1988, the State of controlled substances,’’ and factor four, who were prescribed controlled Alabama, Alabama State Board of Medical the Respondent’s ‘‘[c]ompliance with substances without a legitimate medical Examiners, Medical Licensure Commission applicable State, Federal, or local laws need. The very safeguards established to (Alabama Board) suspended [the relating to controlled substances,’’ the Respondent’s] medical license for one year prevent such dangers were and, thereafter, placed [his] medical license investigative file clearly alleges, and the circumvented by the Respondent’s on indefinite probation. Respondent has not denied, that he practice. Although evidence exists to b. [The Respondent] materially falsified an engaged in a course of conduct over a show that diversion, in this case, did application for a controlled substance license twelve year period which clearly not occur, the potential remained over to the Oklahoma Board of Narcotics and violated federal regulations promulgated a twelve year period for such abuse, and Dangerous Drugs, submitted by [the pursuant to the Controlled Substances this potential created a threat to the Respondent] on June 20, 1990, by indicating Act. Specifically, to be effective, a public interest, as well as to the safety on such application that [he] never had a prescription for a controlled substance of this individual patient. Therefore, the previous registration suspended, when, in ‘‘must be issued for a legitimate medical Deputy Administrator finds that the fact, [his] Alabama medical license had been suspended by the Alabama Board, effective purpose by an individual practitioner public interest is best served by October 26, 1988. [The Respondent] also acting in the usual course of his revoking the Respondent’s DEA materially falsified such application by professional practice.’’ 21 C.F.R. Certificate of Registration at this time. answering that [he] had never been 1306.04(a); see also Harlan J. The Respondent is certainly free to physiologically or psychologically addicted Borcherding, D.O, 60 FR 28,796, 28,798 reapply for a Certificate of Registration to controlled dangerous substances, when, in 2842 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices fact, the Jay Hospital, located in Jay[,] hearing before Judge Tenney, the with any certainty that this person has Florida, terminated [his] staff privileges at Oklahoma Board of Medical Licensure a definite substance abuse problem.’’ that facility based upon [his] excessive use of (Oklahoma Board) did not have any On October 11, 1988, the Respondent drugs, narcotics, alcohol, chemicals or other and the Alabama State Board of Medical substances which rendered [him] unable to disciplinary proceedings pending practice medicine with reasonable skill and against the Respondent, had not Examiners (Alabama Board) entered into safety to patients. Shortly thereafter [he] recommended that any action be taken a stipulation in which the Respondent entered a drug treatment program for against the Respondent’s registrations agreed, inter alia, that he had prescribed impaired physicians in the State of Florida by the DEA or the Oklahoma Bureau of controlled substances to various and [he was] diagnosed as being in the early Narcotics and Dangerous drugs, and individuals identified in an stages of substance abuse. neither party has filed any information administrative complaint, but he denied 2. [The Respondent] materially falsified an indicating that such proceedings or that any of these prescriptions were for application for a DEA Certificate of anything other than a legitimate medical Registration, submitted by [him] on recommendations have been December 27, 1990, by indicating on such subsequently made by the Oklahoma purpose. However, he neither admitted application that [he] had never had a State Board. nor denied the allegations set forth in professional license or controlled substance In the mid-1980’s, the Respondent the administrative complaint as follows: registration suspended, denied, restricted or moved to Alabama and obtained an 32. Knowingly permitting the dispensation placed on probation, when, in fact, the Alabama medical license. However, in of controlled substances to multiple patients Alabama Board suspended [his] medical July 1987, the Respondent moved to Jay, from his medical office while he was absent license and placed [his] license on indefinite Florida, where he became licensed and from the State of Alabama. probation thereafter, effective October 26, 33. Failure to appear before the Board of 1988. 21 U.S.C. 824(a)(1). practiced medicine until December 1987, when his staff privileges at the Jay Medical Examiners for an interview per the On December 28, 1993, the Board’s request. Hospital were revoked. Conflicting 34. In January 1988, summary suspension Respondent, through counsel, filed a evidence was admitted concerning timely request for a hearing, and of medical staff privileges at a Florida allegations that the Respondent abused hospital based for, inter alia, failure to following prehearing procedures, a substances while practicing medicine at maintain adequate medical standards, for hearing was held in Tulsa, Oklahoma, the Jay Hospital. The Respondent engaging in disruptive behavior, for ‘‘the on November 1–2, 1994, before testified that, in an attempt to clear up reasonable belief of physical impairment Administrative Law Judge Paul A. these allegations, he had admitted which may adversely affect patient care’’, for using inappropriate clinical judgment, and Tenney. At the hearing, both parties himself into the Friary on the Shore called witnesses to testify and for patient and staff loss of confidence. (Friary), a substance abuse treatment 35. Substance abuse. introduced documentary evidence, and center. He stayed there from January 18– after the hearing, counsel for both sides 36(b). Intentional avoidance of service of 20, 1988, but left despite the an order for blood and urine samples for a submitted proposed findings of fact, recommendation for inpatient drug screen. conclusions of law and argument. On treatment. According to Friary medical 36(c). From February to May, 1988, writing March 2, 1995, Judge Tenney issued his records, the Respondent had admitted to prescriptions for ‘‘office use’’ in violation of Findings of Fact, Conclusions of Law, federal regulations. occasional alcohol use, use of Lorcet for and Recommended Ruling, 37. Continuation in practice of the neck pain, use of marijuana while in recommending that the Deputy Respondent would constitute an immediate college, and occasional use of cocaine Administrator permit the Respondent to danger to [the Respondent’s] patients and to during his medical residency. The retain his DEA Certificate of Registration the public. records further indicated that the in spite of the violation of 21 U.S.C. In the stipulation, the Alabama Board Respondent’s wife believed he took 824(a)(1), but that he issue a formal agreed to a disposition of the allegations antidepressants and benzodiazepines. A reprimand. Both parties filed exceptions ‘‘without the necessity of making any to Judge Tenney’s decision, and on psychologist at the Friary had further findings of fact or adjudications April 11, 1995, Judge Tenney concluded that the Respondent of fact with respect to these allegations,’’ transmitted the record of these appeared to have and the Respondent agreed to submit to proceedings to the Deputy many of the compulsive, stressful, addictive blood and urine sampling for a drug Administrator. personality traits that are often present screen, which tested negative. Although The Deputy Administrator has among individuals who are prone to the Alabama administrative complaint considered the record in its entirety and medicating psychological problems with contained allegations of substance abuse psychoactive substances. He is likely to be a the filings of the parties, and pursuant very unreliable reporter regarding addictive by the Respondent, he neither denied to 21 C.F.R. 1316.67, hereby issues his behavior, as are most individuals with the nor admitted the allegations, and they final order based upon findings of fact disease of chemical dependency. This were never formally adjudicated. and conclusions of law as hereinafter set complicates his current diagnosis with regard On October 26, 1988, by which time forth. The Deputy Administrator adopts, to addictive illness. However, on the basis of the Respondent had ceased practicing except to the extent noted below, the his life history and his denial of his medicine in Alabama, a consent order Findings of Fact, Conclusions of Law responsibility for the situation in which he was entered, in which the Chairman of and Recommended Ruling of the finds himself, intensive psychotherapy is the Medical Licensure Commission of Administrative Law Judge, and his recommended. Alabama found that sanctions were adoption is in no manner diminished by The psychologist gave the diagnostic authorized against the Respondent any recitation of facts, issues and impression of ‘‘[p]sychoactive substance because he had ‘‘committed multiple conclusions herein, or of any failure to abuse, including cannabis, cocaine, violations of § 34–24–360(8), Code of mention a matter of fact or law. amphetamines, and possible other Alabama, 1975’’ (prescribing, The Deputy Administrator finds that substances.’’ However, Dr. Perillo, to dispensing, furnishing or supplying the parties stipulated that the whom the Respondent was referred by controlled substances to persons for Respondent is a physician who the Friary on January 19, 1988, had other than a legitimate medical possesses an unrestricted license to concluded that there was ‘‘[p]ossible purpose). Further, the order provided practice medicine in the State of chemical dependency and abuse, by that the Respondent’s license to practice Oklahoma. Further, as of the time of the history,’’ and that he could not ‘‘say medicine was suspended for one year, Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2843 after which the license would be on and shall authorize said treating 8. Have you ever been physiologically or indefinite probation, and the physician to report to the Board psychologically addicted to controlled Respondent would need express, quarterly on [his] progress, and [he] dangerous substances? written permission from the Medical shall continue all supportive programs The Respondent had answered ‘‘No’’ to Licensure Commission to re-engage in and therapy recommended thereby’’; (5) both questions. At the hearing before the practice of medicine in Alabama. As he would ‘‘not prescribe, administer or Judge Tenney, the Respondent a condition precedent to re-entering dispense any Schedule drugs or explained that he had provided the medical practice in Alabama, the controlled dangerous substances, until negative response because he read the Respondent also had to voluntarily authorized by the Board.’’ The question as distinguishing between admit himself to a substance abuse Respondent, however, made clear that ‘‘license’’ and ‘‘registration’’, and since program approved in advance in writing his agreement was not ‘‘to be construed his Oklahoma Bureau registration had by the State Board of Medical as an admission * * * of any not been suspended, he thought the Examiners, and successfully complete allegations made against him by correct answer was ‘‘No.’’ The all inpatient or residential treatment licensing authorities in any other State, Respondent denied any drug use recommended by the supervising all material allegations of which are without a prescription since his physician. Even if the Respondent expressly denied.’’ On January 13, 1990, ‘‘college’’ days. became authorized to re-enter medical the Respondent’s application for On August 10, 1990, the Oklahoma practice in Alabama, ‘‘the Alabama reinstatement with the Oklahoma Board Bureau issued an order to show cause to Controlled Substances Registration as a licensed physician and surgeon was the Respondent, referencing his answers Certificate of the Respondent shall be granted and he was placed on probation to questions seven and eight, and on limited to Schedules IV and V.’’ Also, for a period of three years. September 12, 1990, the Oklahoma the Respondent was ordered to pay a However, on May 24, 1990, the Bureau and the Respondent entered into $500.00 fine. In 1989, the Respondent Oklahoma Board issued an order a stipulation. The Stipulation listed as requested the termination of his restoring an unrestricted medical findings of fact the Oklahoma Board’s probation in Alabama, but on March 19, license to the Respondent. The Board actions against the Respondent’s 1990, the Licensure Commission denied found that the Respondent had fulfilled medical license, and concluded as a his request, finding that there had been the terms and conditions of his matter of law that ‘‘by virtue of the ‘‘insufficient objective evidence probation, and that he ‘‘could function action of the Oklahoma State Board of submitted to reasonably satisfy the as a medical doctor with an unmodified Medical Licensure and Supervision, [the Commission that [the Respondent] has license without endangering public Respondent] has had a restriction or complied with the Consent Order.’’ health, safety, or welfare.’’ Yet the Order limitation placed upon his professional Further, after an administration also stated: ‘‘In the event Dr. Murphy license’’, and that ‘‘upon such a finding, proceeding was held by the Florida returns to active practice in Oklahoma, the Director of the Oklahoma State Department of Professional Regulation, he will appear before the Oklahoma Bureau of Narcotics and Dangerous a final order dated February 12, 1991, Board and comply with any terms and Drugs Control shall deny a request for was issued by the Florida Board of conditions imposed at that time, if any, registration. * * *’’ The stipulation Medicine, finding that the Respondent and will submit to the normal post- then recommended that the had violated a Florida statute by having probation visit by the Board staff,’’ Respondent’s request for registration be his license to practice medicine including the requirement that the denied until September 15, 1990, ‘‘after revoked, suspended, or otherwise acted Respondent submit to random blood which time he may be registered.’’ The against by the Alabama licensing and urine analysis. From August 3, Oklahoma Bureau then issued an order authority, and ordered the Respondent 1988, until June 1989, the Respondent reflecting the terms of the stipulation. to pay a $500.00 fine and, if the submitted random blood and urine On October 3, 1984, DEA Certificate Respondent sought reactivation of his samples for analysis to Gary K. Borrell, of Registration AM2822876 was Florida license, ordering it to be placed M.D., a physician appointed by the assigned to the Respondent. The on probation with the terms and Oklahoma Board, with all test results Respondent executed a renewal conditions to be set by the Board. being negative. Further, the Respondent application for this registration on On October 24, 1988, the Respondent submitted into evidence an affidavit December 27, 1990, in which he voluntarily submitted to the jurisdiction from Dr. Borrell, attesting that he had answered ‘‘No’’ to the following of the Oklahoma Board, and he agreed never ‘‘observed any of the physical question: to a five-year probation on an Oklahoma symptoms that [he] would identify as Supervised Medical Doctor Certificate 2b. Has the applicant ever been convicted indicative of an abstinence syndrome or of a crime in connection with controlled with numerous terms and conditions, of drug withdrawal[, nor any] substances under State or Federal law, or including inter alia that during the indications that [he] would interpret as ever surrendered or had a Federal controlled probational period: (1) He would not acute toxicity from a substance of substance registration revoked, suspended, ‘‘prescribe, administer or dispense any abuse.’’ Dr. Borrell also opined that the restricted or denied, or ever had a State medications for his personal use, to Respondent was not ‘‘physiologically professional license or controlled substance specifically include controlled addicted’’ to any substance. registration revoked, suspended, denied, dangerous substances’’; (2) he would On June 11, 1990, the Respondent restricted or placed on probation? ‘‘take no medication except that which executed an application for registration On January 11, 1991, the DEA renewed is authorized by a physician treating with the Oklahoma State Bureau of the Respondent’s Certificate of him for a legitimate medical need’’ and Narcotics and Dangerous Drugs Control Registration AM2822876, for a period of that he would ‘‘inform any physician (Oklahoma Bureau) for authorization to three years. treating him of allegations made handle controlled substances. Questions At the hearing before Judge Tenney, concerning [his] previous use of seven and eight of that application state: the Respondent’s mother testified that controlled dangerous substances’’; (3) he 7. Has a previous registration held by the when the Respondent had received the would ‘‘submit biological fluid applicant under any name or corporate or renewal application, the deadline was specimens * * * for analysis’’; (4) he legal entity, been surrendered, revoked, imminent, so he signed the blank form would ‘‘continue under psychiatric care suspended, denied or is such action pending? and she then filled in the application 2844 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices and mailed it. Further, she stated she had taken care of any problems relating At the hearing before Judge Tenney, knew that her son had had problems to that application. the Diversion Investigator testified that with his medical license but not with Between July 26 and August 3, 1992, in approximately ten to twenty percent ‘‘his drug licensing,’’ which was the the Respondent began working at the of the cases where a distributor calls to subject of the application. She also Physicians Injury Clinic (Clinic), located verify a potential purchaser’s address, testified that she never intended to at 3015 East Skelly Drive, Tulsa, the DEA registration contains an deceive the DEA by responding ‘‘No’’ to Oklahoma. Prior to that date, the outdated address. He then stated that he the question on the form now in Respondent had worked at a medical had never recommended revocation of a dispute. facility located at 1412 North Robinson DEA Certificate of Registration on that The Respondent testified before Judge Road, Oklahoma City, Oklahoma. On basis alone. Another Investigator Tenney, explaining that his mother’s August 6, 1992, personnel from the testified that personnel at the Clinic had recollection of events was consistent Clinic’s corporate headquarters, located placed the order, and that she had not with his memory of how the December in Oklahoma City, placed an order for discovered any evidence to indicate that 1990 DEA renewal application had been controlled substances with a the Respondent had personally placed completed. He stated he still found pharmaceutical distributor using the such an order. question 2(b) to be confusing, but that Respondent’s DEA number. The order On January 12, 1994, the Respondent he had not intended to deceive the DEA was to be delivered to the Skelly Drive executed a subsequent DEA renewal about his licensing problems in clinic, where the Respondent was then application to keep his registration Alabama and Florida. The Respondent the only physician. However, the active during the course of these further testified that he had signed the address listed on the Respondent’s DEA proceedings. In filling out the form before his mother had prepared it, Certificate of Registration was the application, the Respondent testified and that he had not discussed the Robinson Road address. that he had sought the advice of counsel application with his mother. ‘‘I don’t At the request of the distributor, to ensure that all responses were discuss these things hardly at all. I go personnel at the Clinic’s headquarters correct. In response to question 2(b), to work. I work seven days a week as a sent a facsimile of the Respondent’s which was answered incorrectly on the doctor. I work 100 hours a week. I don’t DEA registration and a copy of a letter previous renewal application, the sit around worrying about these dated July 22, 1992, from the Clinic to Respondent now correctly answered applications.’’ However, when the DEA, requesting that the ‘‘Yes.’’ In a comment block, the examined concerning the specific Respondent’s registration be changed to Respondent wrote, inter alia: ‘‘In question, the Respondent testified that the Skelly Drive location. On August 11, summary, I hold a license to practice in he did not remember telling the DEA 1992, a representative of the distributor Oklahoma. I have appeared before the Investigator that he had thought telephoned a DEA Diversion Oklahoma State Bureau of Narcotics and question 2(b) only applied to a Investigator to verify whether the Dangerous Drugs Control, who conviction. He stated, ‘‘Now, I don’t change of address had been approved, thoroughly investigated all of the have a transcript of what I said to [the and that Investigator informed the previous allegations of Florida and DEA Investigator], and I don’t remember representative that the Respondent was Alabama and dismissed the Show Cause if I said that or not, I can just remember still registered at Robinson Road and Order prior to the hearing. I have been that—you know, that was 1990; it is that the shipment could not be sent to found eligible for licensing in Oklahoma 1994 now * * *. I can just remember the unregistered location. Subsequently, for the past six years.’’ On this the general gist of it. I didn’t think I on August 25, 1992, DEA investigators application, the Respondent did filled it out wrong, and I didn’t intend took a notice of inspection to the Clinic, indicate his new address in Hartshorne, to fill it out wrong.’’ When asked: ‘‘Well, and the Clinic’s office manager Oklahoma, although the Respondent if [the DEA Investigator], then, indicates consented to an inspection, which was had been living in Hartshorne since that you told her that it only applies to supervised by the Diversion November 1993. a conviction, would you challenge her Investigator. The office manager, in Initially, 21 U.S.C. 824(a)(1) states: assertion? The Respondent stated: ‘‘I response to questions asked by the DEA (a) A registration pursuant to section 823 would challenge anybody’s memory investigators, took the investigators to of this title to * * * distribute, or dispense four years later. Yes, I would.’’ ‘‘a locked cabinet in a locked room,’’ a controlled substance may be suspended or However, the DEA Investigator which contained various Schedules III revoked * * * upon a finding that the testified that when she questioned the and IV controlled substances. At the registrant— Respondent concerning question 2(b), time of the search, the office manager (1) has materially falsified any application he had first argued with her concerning explained to the Investigator that the filed pursuant to or required by this the actual content of the question. After substances ‘‘belonged to the clinic,’’ and subchapter * * * the Investigator had another investigator no evidence was produced to indicate Thus, as Judge Tenney noted, the read the question from the application when the substances had been placed in Deputy Administrator may revoke or to him, then the Respondent stated that the cabinet. The Clinic is not registered suspend the Respondent’s registration ‘‘it hadn’t been his intent to defraud or by the DEA or the Oklahoma Bureau to upon a showing that he ‘‘materially to lie, falsify his application * * * he handle controlled substances. An falsified’’ any application filed pursuant basically said he thought the question inventory was conducted, and the to the applicable Controlled Substances had said convictions.’’ controlled substances were sealed until Act provisions. Here, the Deputy Regarding the Respondent’s the Respondent’s registration change of Administrator concurs with Judge application before the Oklahoma Bureau address was approved by the DEA on Tenney’s finding that the Government and the resulting show cause order, the October 9, 1992. After such approval, did establish a prima facie case under Investigator testified that the DEA representatives returned to the 21 U.S.C. 824(a)(1). Specifically, the Respondent had informed her that he clinic, unsealed the controlled appropriate test in determining whether had never had any problems with the substances, found no signs of tampering the Respondent materially falsified any Oklahoma Bureau. However, when and, after conducting another inventory, application is whether the Respondent questioned further, the Respondent had found that all of the substances were ‘‘knew or should have known’’ that he told the Investigator that his attorney still there. submitted a false application. See Bobby Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2845

Watts, M.D., 58 Fed. Reg. 46,995 (1993); (1) Notice by the agency in writing of the (1) The recommendation of the accord Herbert J. Robinson, M.D., 59 facts or conduct which may warrant the appropriate State licensing board or Fed Reg. 6,304 (1994). action; and professional disciplinary authority. Here, written on the Respondent’s (2) Opportunity to demonstrate or achieve (2) The applicant’s experience in 1990 DEA renewal application was a compliance with all lawful requirements. dispensing, or conducting research with false answer to question 2(b), for the However, on this issue, the Deputy respect to controlled substances. answer failed to acknowledge the Administrator concurs with Judge (3) The applicant’s conviction record adverse actions taken in Alabama and Tenney’s analysis and conclusion: under Federal or State laws relating to the manufacture, distribution, or Florida against his professional license. To the extent that 5 U.S.C. § 558 applies to In determining that such a false answer the instant proceeding, the Respondent dispensing of controlled substances. was also materially false, Judge Tenney overlooks the ‘‘willfulness’’ exception to (4) Compliance with applicable State, wrote in his opinion at 29–30: section 558’s requirement of written notice Federal, or local laws relating to controlled substances. The incorrect response to question 2(b) is and an opportunity to achieve compliance. In clearly ‘‘material.’’ As noted by counsel for cases of ‘‘willfulness,’’ the registrant is not (5) Such other conduct which may the Respondent in his closing argument, if given ‘‘another chance’’ to achieve threaten the public health or safety. the Respondent correctly had checked ‘‘YES’’ compliance. . . . It is concluded that the These factors are to be considered in to the question, that would have been a red material falsification in the instant case, the disjunctive; the Deputy flag to [the] DEA to go check with the [State] which resulted because the Respondent Administrator may rely on any one or a licensing authorities. . . . Cf. . . . Gonzales grossly neglected his obligation to be combination of factors and may give v. United States, 286 F.2d 118, 120 (10th Cir. truthful, is tantamount to ‘‘willfulness’’ each factor the weight he deems 1960) (addressing a statute concerning under 5 U.S.C. § 558(c). The DEA, therefore, appropriate in determining whether a ‘‘material false statements. . . ., i.e., was not required to give the Respondent registration should be revoked or an statements that could affect or influence the written notice and an opportunity to correct exercise of a government function’’), cert. the renewal application before initiating this application for registration denied. See denied, 365 U.S. 878, 81 S. Ct. 1028, 6 L.Ed. proceeding. Henry J. Schwarz, Jr., M.D., Docket No. 2d 190 (1961). 88–42, 54 Fed. Reg. 16,422 (1989). Further, the Respondent argued in his In this case, factors one, two, four, The Respondent attempted to mitigate response to the Government’s and five are relevant in determining this falsification by presenting evidence exceptions, that ‘‘ ‘Willfulness’ means a whether the Respondent’s certificate that his mother had completed the voluntary, intentional violation of a should be revoked and any pending application after he had signed it, and known legal duty,’’ requiring actual application denied as being inconsistent she had mailed it without his reviewing knowledge, and not the lesser standard with the public interest. As to factor the completed form. However, the of ‘‘should have known.’’ However, one, ‘‘recommendation of the Deputy Administrator agrees with Judge cases interpreting the meaning of appropriate State licensing board,’’ the Tenney’s conclusion: ‘‘This lack of ‘‘willful’’ as used in the APA have noted Government argued that actions taken attention, or inattention, was the that the term is often used ‘‘to against the Respondent’s medical predominant reason for the wrong characterize conduct marked by careless licenses in Alabama, Florida, and statement, and the Respondent ‘should disregard’’ of statutory requirements. Oklahoma, as well as the suspension of have known’ of the inaccuracy.’’ Eastman Produce Co. v. Benson, 278 his Oklahoma Bureau registration, Further, in an analogous case in which F.2d 606, 609 (3d Cir. 1960); see, e.g., support a finding that State licensing a practitioner blamed an application Biological Resources, Inc., 55 Fed. Reg. falsification upon a dental nurse who board’s recommendations lead to a 30,752 (Health and Human Services conclusion adverse to the Respondent’s had assisted him in filling out the 1990) (noting that a ‘‘number of cases application, the Administrator of the retention of his DEA registration. Judge that have considered the meaning of Tenney disagreed with this proposition, DEA had held the practitioner willfulness in license revocation responsible, finding it noteworthy that finding instead that the Alabama and proceedings have noted that willful the practitioner signed his name to the Florida adverse actions were five years conduct can be found either when a application. Robert L. Vogler, D.D.S., 58 old, and the factual bases for such person intentionally does a prohibited Fed. Reg. 51,385 (1993). action were ‘‘sketchy at best.’’ Further, act or when a person acts with careless Next, the Respondent argued that the Judge Tenney found more persuasive disregard of statutory requirements’’). DEA had failed to comply fully with the the fact that Oklahoma authorities had The Deputy Administrator finds that the licensing requirements of the granted the Respondent an unrestricted Respondent’s conduct was ‘‘willful,’’ for Administrative Procedure Act (APA) medical license and an unrestricted he acted with ‘‘careless disregard’’ for before initiating this administrative controlled substances registration, and the statutory and regulatory proceeding, and thus the DEA would be that since 1990, there have been no requirements when he submitted his precluded from acting upon his negative allegations nor pending 1990 DEA renewal application with the registration. Specifically, the disciplinary proceedings against the incorrect response to question 2(b). Respondent argued that 5 U.S.C. Respondent. Thus, Judge Tenney Thus, the Deputy Administrator agrees § 558(c) requires DEA to provide him concluded that ‘‘the whole evidence with Judge Tenney, that DEA’s with prior written notice and an supports a favorable ‘recommendation subsequent actions did not violate 5 opportunity to correct his application [by] the appropriate State licensing U.S.C. 558. errors, and that the DEA had failed to board or professional disciplinary meet these requirements. Next, pursuant to 21 U.S.C. 823(f) and authority.’ ’’ Section 558(c) provides in relevant 824(a)(4), the Deputy Administrator may Here, although the Deputy part: revoke a DEA Certificate of Registration, Administrator agrees with Judge or deny a pending application for Tenney’s factual findings, he disagrees Except in cases of willfulness or those in registration, if he determines that the with his conclusion. For the Deputy which public health, interest, or safety requires otherwise, the . . . suspension, [or] continued registration would be Administrator also finds significant that revocation . . . of a license is lawful only if, inconsistent with the public interest. in the 1988 Alabama Consent Order, the before the institution of agency proceedings Section 823(f) requires that the Respondent’s license was placed on therefor, the licensee has been given— following factors be considered. indefinite probation, and that as a 2846 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices condition precedent for his receiving a evidence of occasional past drug abuse, present preponderating evidence that medical license, the Respondent had to but no persuasive evidence indicative of the Respondent was less than candid voluntarily admit himself to a substance drug use or abuse during the last decade when he denied placing the controlled abuse program and successfully that would threaten the current public substances order for the Clinic prior to complete it. Further, even if the interest under 21 U.S.C. 823(f)(2).’’ receiving the change of address Respondent became authorized to re- Although the Deputy Administrator approval from the DEA. Judge Tenney enter medical practice in Alabama, his does not condone the Respondent’s past found that the Respondent’s testimony controlled substances registration would conduct of admitted unlawful drug use, on this point was credible and was remain limited to Schedules IV and V. he agrees with Judge Tenney’s corroborated by the testimony of the Also, in 1990, the Alabama Licensure conclusion. For the Respondent’s drug Clinic’s office manager. Commission denied the Respondent’s screenings from August 1988 to May Further, Judge Tenney found as request for termination of his probation, 1990 were negative, and no contrary mitigating evidence, the Respondent’s noting ‘‘insufficient objective evidence evidence was submitted to show drug subsequent DEA renewal application submitted to reasonably satisfy the abuse from 1990 to 1994. with the correct answer to question 2(b). Commission that [the Respondent] has As to factor four, the Respondent’s However, it is also significant that in the complied with the Consent Order.’’ ‘‘[c]ompliance with applicable State, comment section of this 1994 Similarly, in 1991, the Florida Board Federal, or local laws relating to application, the Respondent wrote that ordered that, if the Respondent sought controlled substances,’’ Judge Tenney he had been ‘‘eligible for licensing in reactivation of his Florida license, such found that the Respondent had violated Oklahoma for the past six years.’’ Yet reinstatement would result in his a Federal regulation related to the Respondent failed to disclose that receiving a probationary license with controlled substances, 21 C.F.R. from 1988 to 1990 he had an Oklahoma the terms and conditions to be set by the § 1301.61. Specifically, the Respondent Supervised Medical Doctor Certificate Board. Therefore, two States ‘‘should have determined whether the with numerous terms and conditions, to recommend, after investigating July 22, 1992, request by the [Clinic] to include that he would ‘‘not prescribe, allegations of misconduct, that modify his registration address had been administer or dispense any Schedule probationary requirements be levied approved by the DEA before operating at drugs or controlled dangerous against the Respondent’s medical Skelly Drive.’’ The Deputy substances, until authorized by the license, with stated conditions to be met Administrator agrees with this finding. Board.’’ Again, the Respondent has in Alabama before even a probationary However, Judge Tenney found several failed to be candid in his renewal license would be issued. mitigating facts, such as the fact that the application by stating he was ‘‘eligible As to factor two, the Respondent’s July 22 letter was generated prior to the for’’ his license, when in fact he knew ‘‘experience in dispening * ** Respondent’s first day of work at the that for two of the six years he controlled substances,’’ the Deputy Clinic, that there was no evidence of referenced, his eligibility had relevant Administrator agrees with Judge diversion of controlled substances from restrictions. Although his response may Tenney’s findings and conclusions. The the unregistered office at Skelly Drive, not reach the level of ‘‘material Government noted that the Alabama and that the DEA Investigator had never falsification’’, it certainly failed to Medical Board had found that the recommended revocation of a DEA disclose significant, relevant Respondent had allowed his staff to registration on the basis of a failure to information. As noted by the administer and prescribe controlled timely update an address. Administrator in Bobby Watts, supra: substances in his absence, and that the Although the Deputy Administrator ‘‘Since DEA must rely on the Respondent had abused drugs. The acknowledges these mitigating facts, he truthfulness of information supplied by Government then argued that such also finds relevant the fact that the applicants in registering them to handle conduct was adverse to the public Alabama Consent Order found sanctions controlled substances, falsification interest. authorized because, inter alia, the cannot be tolerated.’’ Here, the However, Judge Tenney concluded Respondent had committed multiple Respondent’s lack of candor makes that a preponderance of the evidence violations of the Code of Alabama questionable his commitment to DEA failed to support this contention. Section 34–24–360(8) pertaining to the regulatory requirements fostered to Specifically, the evidence of improper prescribing, dispensing, furnishing or protect the public from the diversion of dispensing of controlled substances supplying of controlled substances to controlled substances. merely consisted of a finding in the persons for other than a legitimate Further, the Respondent has failed to Alabama administrative complaint, medical purpose. Although the facts take responsibility for his past conduct. which led to a consent order in which presented in the record are inadequate The Deputy Administrator finds the Respondent ‘‘neither admitted nor to determine the specific conduct significant that the Alabama Board denied’’ the factual allegations. No underlying such a conclusion, it is still required the Respondent to successfully further adjudication of the facts was significant under factor four that a State complete a substance abuse treatment conducted. Based on this limited licensing board found that the program before reinstating his medical evidence of record, Judge Tenney Respondent’s conduct resulted in license, even on a probationary basis. concluded that ‘‘I too am unable to find multiple violations of the State’s Further, when the respondent self- with any substantiality that the controlled substances statute. admitted himself into the Friary for Respondent allowed his staff to As to factor five, ‘‘[s]uch other evaluation, a psychologist had administer and prescribe controlled conduct which may threaten the public concluded that intensive psychotherapy substances in his absence.’’ health or safety,’’ the Government was recommended based, not only upon Furthermore, no other evidence of argued that the Respondent’s lack of the Respondent’s addictive personality record supports a finding that the candor raised doubts as to his suitability traits, but also upon the facts that (1) he Respondent was unlawfully dispensing for DEA registration. However, the was a ‘‘very unreliable reporter controlled substances. Deputy Administrator agrees with Judge regarding addictive behavior, as are As to the allegation of the Tenney’s finding concerning the most individuals with the disease of Respondent’s drug abuse, Judge Tenney Respondent’s change of address request chemical dependency,’’ and (2) ‘‘his found that ‘‘[i]n sum, there was some to DEA. The Government failed to denial of his responsibility for the Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2847 situation in which he finds himself.’’. NATIONAL SCIENCE FOUNDATION Copies are also available from the However, the record discloses that the National Technical Information Service, Respondent did not follow this advice Special Emphasis Panel in 5285 Port Royal Road, Springfield, VA and enter the Friary or any other Mathematical Sciences; Notice of 22161–0002. A copy of NUREG–1323, treatment program, and the record Meeting Revision 1 is available for public contains no evidence that he has since In accordance with the Federal inspection and/or copying at the NRC sought such treatment. Advisory Committee Act (Pub. L. 92– Public Document Room, 2120 L Street Also significant was the Respondent’s 463, as amended), the National Science (Lower Level), N.W., Washington, D.C. failure to acknowledge his Foundation announces the following 20555–0001. responsibility to review his DEA meeting. FOR FURTHER INFORMATION CONTACT: renewal application before submission, Name and Committee Code: Special Sandra L. Wastler, High-Level Waste instead he testified in 1994 that ‘‘I don’t Emphasis in Mathematical Sciences (1204). and Uranium Recovery Projects Branch, sit around worrying about these Date and Time: February 12–13, 1996; 8:30 Division of Waste Management, Office applications.’’ The Deputy a.m. until 5:00 p.m. of Nuclear Safety and Safeguards, Administrator agrees with the Place: Room 340, National Science Nuclear Regulatory Commission, 11545 Foundation, 4201 Wilson Boulevard, Government attorney that such conduct Arlington, VA 22230. Rockville Pike, MD 20852. Telephone: raises grave doubts as to the Type of Meeting: Closed. (301) 415–6724. Respondent’s commitment to precise Contact Person: Dr. Kichoon Yang, SUPPLEMENTARY INFORMATION: The regulatory compliance in the future, a Program Director, National Science License Application Review Plan Foundation, 4201 Wilson Boulevard, commitment needed to meet the (LARP) provides guidance to the NRC responsibilities of a DEA registration for Arlington, VA 22230. Telephone: (703) 306– 1881. staff who will review the U.S. the handling of controlled substances. Purpose of Meeting: To provide advice and Department of Energy’s (DOE’s) license Therefore, after reviewing the entire recommendations concerning proposals application to construct a mined record, the Deputy Administrator finds submitted to NSF for financial support. geologic repository for the disposal of that the public interest is best served by Agenda: To review and evaluate the spent nuclear fuel and other high-level revoking the Respondent’s DEA Analysis Program nominations/applications radioactive waste at Yucca Mountain, as part of the selection process for awards. Certificate of Registration and denying Reason for Closing: The proposals being Nevada. The LARP is intended to ensure any pending application. The reviewed include information of a the quality and uniformity of the staff Respondent’s violations of statutory and proprietary or confidential nature, including reviews and establishes the appropriate regulatory provisions, his admitted past technical information; financial data, such as review priorities, and presents a well- drug abuse and the lack of evidence that salaries and personal information concerning defined base from which to evaluate the Respondent completed a substance individuals associated with the proposals. proposed changes in the scope and These matters are exempt under 5 U.S.C. abuse treatment program as requirements of the staff reviews. 552b(c) (4) and (6) of the Government in the Because it is a public document, it will recommended by the Alabama Board Sunshine Act. also make available to DOE and other and treating physicians at the Friary, Dated: January 23, 1996. and his continuing failure to take interested parties information on the M. Rebecca Winkler, staff’s review process so that they may responsibility for compliance with DEA Committee Management Officer. regulatory requirements, support a better understand the review strategies, [FR Doc. 96–1450 Filed 1–26–96; 8:45 am] finding that the public interest is best procedures, and acceptance criteria that BILLING CODE 7555±01±M served by revoking his registration and the staff will use. denying any pending applications at The LARP, Revision 0 was issued in September, 1994. Revision 0 this time. NUCLEAR REGULATORY represented the staff’s initial efforts in Accordingly, the Deputy COMMISSION Administrator of the Drug Enforcement developing the LARP and was Administration, pursuant to the Availability of the Revision 1 to the comprised of both completed and authority vested in him by 21 U.S.C. 823 License Application Review Plan for a outlined individual review plans. The LARP was and continues to be, and 824, and 28 C.F.R. 0.100(b) and Geologic Repository for Spent Nuclear however, a work in progress. This draft 0.104, hereby orders that DEA Fuel and High-Level Radioactive version, designated Revision 1, Certificate of Registration AM2822876 WasteÐDraft Review Plan represents the staff’s latest efforts in the issued to Terrence E. Murphy, M.D., be, AGENCY: Nuclear Regulatory development of the LARP and includes and it hereby is, revoked, and any Commission. 12 newly completed review plans. pending applications for renewal of said ACTION: Notice of availability. Appendix D provides a status of the registration are denied. This order is development of the individual review effective February 28, 1996. SUMMARY: The Nuclear Regulatory plans. Dated: January 23, 1996. Commission is announcing the availability of Revision 1 to NUREG– Dated at Rockville, Maryland, this 17th day Stephen H. Greene, 1323, ‘‘The License Application Review of January 1996. Deputy Administrator. Plan for a Geologic Repository for Spent For the Nuclear Regulatory Commission. [FR Doc. 96–1559 Filed 1–26–96; 8:45 am] Nuclear Fuel and High-Level Joseph J. Holonich, BILLING CODE 4410±09±M Radioactive Waste—Draft Review Plan.’’ Chief, High-Level Waste and Uranium ADDRESSES: Copies of NUREG–1323, Recovery Projects Branch, Division of Waste Revision 1 can be purchased from the Management, Office of Nuclear Material Superintendent of Documents, U.S. Safety and Safeguard. Government Printing Office, P.O. Box [FR Doc. 96–1523 Filed 1–26–96; 8:45 am] 37082, Washington, D.C. 20402–9328. BILLING CODE 7590±01±P 2848 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

Atomic Safety and Licensing Board be submitted to the Office of the representatives from Federal agencies. Secretary, Docketing and Service Entitlement to membership on the [Docket No. IA 95±055, EA 95±101, ASLBP Branch, U.S. Nuclear Regulatory No. 96±712±01±EA] Committee is provided for in 5 U.S.C. Commission, One White Flint North, 5347. In the Matter of James L. Shelton; 11555 Rockville Pike, Rockville, The Committee’s primary Maryland 20852–2738. A copy of such (Order Prohibiting Involvement in NRC- responsibility is to review the Prevailing statement or request should also be Licensed Activities (Effective Rate System and other matters pertinent Immediately)); Notice of Hearing served on the Chairman of this Licensing Board, 11545 Rockville Pike, to establishing prevailing rates under January 23, 1996. Rockville, Maryland 20852–2738. subchapter IV, chapter 53, 5 U.S.C., as Before Administrative Judges: Charles amended, and from time to time advise For the Atomic Safety and Licensing the Office of Personnel Management. Bechhoefer, Chairman, Dr. Frank F. Board. Hooper, Dr. Charles N. Kelber Charles Bechhoefer, These scheduled meetings will start Notice is hereby given that, by Chairman, Administrative Judge. in open session with both labor and Memorandum and Order dated January Dated at Rockville, Maryland, on January management representatives attending. 23, 1996, the Atomic Safety and 23, 1996. During the meeting either the labor Licensing Board for this proceeding has members or the management members [FR Doc. 96–1522 Filed 1–26–96; 8:45 am] granted the request of James L. Shelton may caucus separately with the for a hearing in the above-entitled BILLING CODE 7590±01±P Chairman to devise strategy and proceeding. The hearing concerns the formulate positions. Premature Order Prohibiting Involvement in NRC- disclosure of the matters discussed in OFFICE OF PERSONNEL Licensed Activities (Effective these caucuses would unacceptably MANAGEMENT Immediately) issued by the NRC Staff on impair the ability of the Committee to October 31, 1995 (60 FR 56176, Federal Prevailing Rate Advisory reach a consensus on the matters being November 7, 1995). The parties to the Committee; Cancellation of Open considered and would disrupt proceeding are Mr. Shelton and the NRC Committee Meeting substantially the disposition of its Staff. The issue to be considered at the business. Therefore, these caucuses will hearing is whether the Order should be According to the provisions of section be closed to the public because of a sustained. 10 of the Federal Advisory Committee determination made by the Director of For further information concerning Act (Pub. L. 92–463), notice is hereby the Office of Personnel Management this proceeding, see the Order given that the meeting of the Federal under the provisions of section 10(d) of Prohibiting Involvement in NRC- Prevailing Rate Advisory Committee the Federal Advisory Committee Act Licensed Activities, cited above. Other scheduled for Thursday, February 22, (Pub. L. 92–463) and 5 U.S.C. materials concerning this proceeding are 1996, has been canceled. on file at the Commission’s Public Information on other meetings can be 552b(c)(9)(B). The caucuses may, Document Room, 2120 L St. N.W., obtained by contacting the Committee’s depending on the issues involved, Washington, D.C. 20555, and at the Secretary, Office of Personnel constitute a substantial portion of the Commission’s Region II office, 101 Management, Federal Prevailing Rate meeting. Marietta Street, N.W., Suite 2900, Advisory Committee, Room 5559, 1900 Annually, the Chairman compiles a Atlanta, Georgia 30323–0199. E Street, NW., Washington, DC 20415 report of pay issues discussed and During the course of this proceeding, (202) 606–1500. concluded recommendations. These the Licensing Board will conduct one or Dated: January 19, 1996. reports are available to the public, upon more prehearing conferences and, as Anthony F. Ingrassia, written request to the Committee’s necessary, evidentiary hearing sessions. Secretary. The time and place of these sessions Chairman, Federal Prevailing Rate Advisory Committee. will be announced in later Licensing The public is invited to submit Board Orders. Except to the extent that [FR Doc. 96–1462 Filed 1–26–96; 8:45 am] material in writing to the Chairman on these sessions are held through BILLING CODE 6325±01±M Federal Wage System pay matters felt to telephone conference calls, members of be deserving of the Committee’s the public will be invited to attend these attention. Additional information on Federal Prevailing Rate Advisory these meetings may be obtained by sessions. Committee; Open Committee Meeting Persons who are not parties to the contacting the Committee’s Secretary, proceeding are invited to submit limited According to the provisions of section Office of Personnel Management, appearance statements with regard to 10 of the Federal Advisory Committee Federal Prevailing Rate Advisory the Order Prohibiting Involvement in Act (Pub. L. 92–463), notice is hereby Committee, Room 5559, 1900 E Street, NRC-Licensed Activities, as permitted given that a meeting of the Federal NW., Washington, DC 20415 (202) 606– by 10 C.F.R. 2.715(a). During certain Prevailing Rate Advisory Committee 1500. prehearing conference and/or will be held on—Thursday, March 7, Dated: January 19, 1996. evidentiary hearing sessions, such 1996. persons will be afforded the opportunity The meeting will start at 10:45 a.m. Anthony F. Ingrassia, to make oral limited appearance and will be held in Room 5A06A, Office Chairman, Federal Prevailing Rate, Advisory statements. These statements do not of Personnel Management Building, Committee. constitute testimony or evidence but 1900 E Street, NW., Washington, DC. [FR Doc. 96–1461 Filed 1–26–96; 8:45 am] may help the Board and/or parties in The Federal Prevailing Rate Advisory BILLING CODE 6325±01±M their deliberations as to the proper Committee is composed of a Chairman, boundaries of the issue to be five representatives from labor unions considered. Written statements, or holding exclusive bargaining rights for requests to make oral statements, should Federal blue-collar employees, and five Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2849

SECURITIES AND EXCHANGE putative class action or is a member of 606(c)(6) is consistent with Section COMMISSION a putative or certified class with respect 6(b)(5) because it is designed to prevent to any claims encompassed by the class unfair discrimination between [Release No. 34±36755; File No. SR±Amex± 95±46] action. Amex Rule 600, however, customers, issuers, brokers, or dealers currently omits specific reference to and, in general, protect investors and Self-Regulatory Organizations; claims filed by members, allied the public interest. Impartiality is an American Stock Exchange, Inc.; Order members, member organizations, and important aspect of the arbitration Granting Approval to Proposed Rule associated persons against other process. By allowing a panel of Change Relating to the Exchange's members, allied members, member arbitrators to make the determination of Arbitration Rules organizations, and associated persons. whether or not a claim may be The proposed amendment clarifies that submitted to the Exchange’s arbitration January 22, 1996. all class actions, including claims facility, the proposed rule change On November 28, 1995, the American involving members, allied members, should further improve the arbitration Stock Exchange, Inc. (‘‘Amex’’ or member organizations, and associated process’s appearance of impartiality. ‘‘Exchange’’) submitted to the Securities persons, are ineligible for submission to Amex Rule 607(c) currently requires and Exchange Commission the Exchange’s arbitration facility. all parties to serve on each other copies (‘‘Commission’’), pursuant to Section The Commission finds that the of documents in their possession that 19(b)(1) of the Securities Exchange Act proposed amendment to Amex Rule they intend to present at the hearing and 1 of 1934 (‘‘Act’’) and Rule 19b–4 600(d)(iii) is consistent with Section to identify witnesses they intend to 2 thereunder, a proposed rule change to 6(b)(5) 6 because it is designed to present at the hearing not less than ten modify its arbitration rules concerning promote just and equitable principles of calendar days prior to the first class action claims, the initiation of a trade, prevent unfair discrimination scheduled hearing date. The Exchange claim, document exchanges, filing fees, between customers, issuers, brokers, or proposes to amend this rule to allow and the enforceability of arbitration dealers, and, in general, protect parties to: (1) Provide a list of awards. investors and the public interest. Over documents that have been produced The proposed rule change was the years, the courts have developed previously to the other side, instead of published for comment in the Federal procedures and expertise for managing providing the actual documents; (2) Register on December 14, 1995.3 No class action litigation, and, therefore, require the list identifying witnesses to comments were received on the duplicating the often complex include the address and business proposal. This order approves the procedural safeguards necessary for affiliation of the witnesses listed; and proposal. these lawsuits is unnecessary. In (3) require prehearing exchanges of As described more fully below, the addition, access to the courts for class Exchange has proposed amendments to documents and the list of documents action litigation should be preserved for previously produced to occur twenty its arbitration procedures that were claims filed by members, allied developed primarily by the Securities days in advance of the hearing, instead members, member organizations, and of ten days as is presently required. Industry Conference on Arbitration.4 associated persons against other The Commission finds that the The Commission has carefully members, allied members, member proposed amendments to Amex Rule reviewed the Exchange’s proposal to organizations, and associated persons as 607(c) are consistent with Section amend Amex Rules 600 (Arbitration), well as for claims involving investors. 6(b)(5) because they are designed to 606 (Initiation of Proceedings), 607 Hence, this rule change should provide promote just and equitable principles of (General Provision Governing a sound procedure for the management trade, prevent unfair discrimination Prehearing Proceeding), 620 (Schedule of class action disputes, should promote of Fees), and add a new rule, 624 the efficient resolution of these types of between customers, issuers, brokers, or (Failure to Honor Award). The dealers, and, in general, protect class action disputes, and should 7 Commission concludes that this prevent wasteful litigation over the investors and the public interest. The proposal is consistent with the possible applicability of agreements to proposed amendments should increase requirements of the Act and the rules arbitrate between members, allied the efficiency of the arbitration process and regulations thereunder applicable to members, member organizations, and because they: (1) Eliminate duplicative a national securities exchange, and, in associated persons, notwithstanding the prehearing document exchange; (2) particular, with the requirements of exclusion of class action claims from should assist parties in the process of Section 6(b).5 Amex arbitration. preparing and organizing their cases by Amex Rule 600(d)(iii) currently bars Currently, Amex Rule 606(c)(6) providing them with advance notice members, allied members, member provides that decisions concerning the regarding the background of witnesses organizations, and associated persons right to arbitrate are made by the and the location of nonparty witnesses; from seeking to enforce an agreement to Director of Arbitration, subject to appeal (3) should reduce the number of arbitrate against a customer where that to the Exchange’s Board of Governors. In instances of surprise; and (4) should customer has initiated in court a order to conform the Exchange’s rules to provide the parties with a more the Uniform Code of Arbitration, the reasonable time frame in which to 1 15 U.S.C. 78s(b)(1). Exchange proposes to delete Amex Rule address last minute discovery requests. 2 17 CFR 240.19b–4. 606(c)(6). The Exchange believes Amex Rule 620(e) presently provides 3 Securities Exchange Act Release No. 36566 (Dec. decisions concerning the right to that the nonrefundable filing fee for a 8, 1995), 60 FR 64191. dispute that does not specify a money 4 Amex Rule 600(d)(iii) corresponds to Securities arbitrate a claim should be made by the Industry Conference on Arbitration Uniform Code panel of arbitrators selected to hear the claim is $250, while Amex Rule 620(i) of Arbitration (‘‘SICA UCA’’) Section 1(d) (iii) (as matter, instead of the Director of charges industry parties a $500 amended Jan. 20, 1994); Amex Rule 607(c) Arbitration. nonrefundable filing fee when the corresponds to SICA UCA Section 20(c) (as The Commission finds that the dispute does state a money claim. The amended Jan. 7, 1993 and Oct. 21, 1994); Amex Rule 620(e) corresponds to SICA UCA Section 30(e) proposed deletion of Amex Rule proposed amendment to Amex Rule (as amended Oct. 21, 1994). 5 15 U.S.C. 78f(b). 6 15 U.S.C. 78f(b)(5). 7 15 U.S.C. 78f(b)(5). 2850 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

620(e) would unify the nonrefundable [Release No. 34±36751; File No. SR±CHX± way affect the actual execution of filing fee for all industry claims at $500. 96±03] orders. The Exchange is proposing to The Commission finds that this refer to this calculated dollar savings as Self-Regulatory Organizations; Notice the ‘‘NATIONAL BEST SM.’’ proposed amendment is consistent with of Filing and Immediate Effectiveness Section 6(b)(4) 8 because it provides for of Proposed Rule Change by the The NATIONAL BEST is proposed to the equitable allocation of reasonable Chicago Stock Exchange, Incorporated be made available for intraday market fees among its members and other Relating to a Program To Display Price orders entered via the Exchange’s MAX persons using its facilities. Moreover, a Improvement on the Execution Report system that are not tick sensitive and are 1 uniform filing fee removes any Sent to the Entering Firm entered from off the Floor. The temptation for industry parties to NATIONAL BEST (amount of price January 22, 1996. improvement) is calculated in purposely omit the monetary amount of Pursuant to Section 19(b)(1) of the comparison to the best bid and offer their claims in order to reduce the Securities Exchange Act of 1934 displayed in the national market system nonrefundable filing fee from $500 to at the time the order is received.2 Only 9 (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is $250. hereby given that on January 18, 1996, orders executed at a price better than The Exchange is proposing to add a the Chicago Stock Exchange, the inside market will receive a new rule, Amex Rule 624. This new rule Incorporated (‘‘CHX’’ or ‘‘Exchange’’) NATIONAL BEST indicator. would provide that the failure of a filed with the Securities and Exchange The following examples illustrate member firm or registered Commission (‘‘Commission’’) the how NATIONAL BEST is proposed to representative to honor an arbitration proposed rule change as described in work. award, including those issued at another Items I, II and III below, which Items Assume the national market quote is have been prepared by the self- self-regulatory organization or by the 50–501⁄4. American Arbitration Association, regulatory organization. The Commission is publishing this notice to Example 1—A market order to sell would subject the firm or registered 1000 shares, entered on the CHX, is representative to disciplinary solicit comments on the proposed rule change from interested persons. stopped at 50, meaning it is guaranteed proceedings at the Exchange. a price at 50 or a better price. The quote The Commission finds that the I. Self-Regulatory Organization’s is narrowed to 50–501⁄8 and the order is addition of proposed Amex Rule 624 to Statement of the Terms of Substance of subsequently executed at 501⁄8. This is the Exchange’s arbitration rules is the Proposed Rule Change an 1⁄8 point savings over the national bid consistent with Section 6(b)(6) 10 The CHX proposes to implement a price of 50, which translates into $125 because it provides for appropriate program that will calculate and display, savings over the guaranteed price. Thus, disciplinary action for violating the on the execution reports sent to member the execution report would display provisions of the Act, the rules and firms, the dollar amounts realized as NATIONAL BEST $125.3 regulations thereunder, or the rules of savings to their customers as a result of Assume the national market quote is the Exchange. By establishing the price improvement in the execution of 50–501⁄4. enforceability of arbitration awards, this their orders on the Exchange. Example 2—A market order to buy proposal should increase the II. Self-Regulatory Organization’s 800 shares, entered on the CHX, is 1 1 effectiveness of the arbitration process. Statement of the Purpose of, and executed at 50 ⁄8. This is an ⁄8 point It is therefore ordered, pursuant to Statutory Basis for, the Proposed Rule savings over taking the prevailing offer 1 Section 19(b)(2) of the Act,11 that the Change of 50 ⁄4. The execution report would display NATIONAL BEST $100. proposed rule change (SR–Amex–95– In its filing with the Commission, the If there is no price improvement 46) is approved. self-regulatory organization included because either there was no execution For the Commission, by the Division of statements concerning the purpose of between the national best bid or offer or Market Regulation, pursuant to delegated and basis for the proposed rule change 12 the order was not eligible for the authority. and discussed any comments it received program, then no price improvement Margaret H. McFarland, on the proposed rule change. The text information would be displayed on the of these statements may be examined at Deputy Secretary. execution report to the entering firm. [FR Doc. 96–1565 Filed 1–26–96; 8:45 am] the places specified in Item IV below. The self-regulatory organization has The Exchange believes that the BILLING CODE 8010±01±M prepared summaries, set forth in NATIONAL BEST can be expected to Sections A, B, and C below, of the most enhance the information made available significant aspects of such statements. to investors and improve their understanding of the auction market. A. Self-Regulatory Organization’s Statement of the Purpose of, and SM NATIONAL BEST is a service mark of the 8 15 U.S.C. 78f(b)(4). Statutory Basis for, the Proposed Rule Chicago Stock Exchange, Inc. 1 9 See Securities Exchange Act Release No. 35167 Change Also excluded from the NATIONAL BEST feature are orders received when the spread (Dec. 28, 1994), 60 FR 1816 (approving File No. SR– 1. Purpose between the national best bid and offer is one NASD–94–75 and publishing the NASD’s minimum variation, and MAX floor broker orders. determination that there have been situations in The purpose of the proposed rule 2 For stocks that are not ITS-eligible, the CHX which industry parties have purposely not change is to implement a program for quote is used. disclosed the monetary amount of their claim in calculating and displaying, on an 3 The algorithm that calculates the savings per order to reduce the nonrefundable filing fee from execution report sent to member firms share can calculate price improvement from a $500 to $250). 1 entering orders, the dollar value saved minimum of ⁄32 or $0.03125 per share to a 10 15 U.S.C. 78f(b)(6). maximum of 96/32 or $3.00 per share. If price by their customers as a result of price improvement exceeds $3.00 per share, the 11 15 U.S.C. 78s(b)(2). improvement of orders executed on the NATIONAL BEST will be preceded by a ‘‘>’’ sign 12 17 CFR 200.30–3(a)(12). Exchange. This program does not in any and will equal $3.00 × the number of shares traded. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2851

2. Statutory Basis should file six copies thereof with the to existing Sections (d) through (o) of its The proposed rule change is Secretary, Securities and Exchange Membership Dues and Fees Schedule. Commission, 450 Fifth Street NW., consistent with Section 6(b)(5) of the II. Self-Regulatory Organization’s Washington, DC 20549. Copies of the Act in that it is designed to promote just Statement of the Purpose of, and submission, all subsequent and equitable principles of trade, to Statutory Basis for, the Proposed Rule amendments, all written statements remove impediments and to perfect the Change mechanism of a free and open market with respect to the proposed rule and a national market system, and, in change that are filed with the In its filing with the Commission, the general, to protect investors and the Commission, and all written self-regulatory organization included public interest. This rule change is communications relating to the statements concerning the purpose of designed to perfect the mechanism of a proposed rule change between the and basis for the proposed rule change free and open market in that it enhances Commission and any person, other than and discussed any comments it received the information provided to investors by those that may be withheld from the on the proposed rule change. The text displaying to them the dollar value of public in accordance with the of these statements may be examined at the price improvement their orders may provisions of 5 U.S.C. 552, will be the places specified in Item IV below. have received when executed on the available for inspection and copying at The self-regulatory organization has CHX. the Commission’s Public Reference prepared summaries, set forth in Section, 450 Fifth Street NW., Sections A, B, and C below, of the most B. Self-Regulatory Organization’s Washington, DC 20549. Copies of such significant aspects of such statements. Statement on Burden on Competition filing will also be available for A. Self-Regulatory Organization’s The Exchange believes that no burden inspection and copying at the principal Statement of the Purpose of, and will be placed on competition as a result office of the CHX. All submissions Statutory Basis for, the Proposed Rule of the proposed rule change. In fact, the should refer to File No. SR–CHX–96–03 Change Exchange believes that the NATIONAL and should be submitted by February BEST program can reasonably be 20, 1996. 1. Purpose expected to enhance competition by For the Commission, by the Division of The purpose of the proposed rule disclosing to investors the amount of Market Regulation, pursuant to delegated change is to simplify the Exchange’s savings they may realize as a result of authority. order processing and transaction fee the price improvement their orders may Margaret H. McFarland, schedule. The new fee schedule receive when executed on the CHX. Deputy Secretary. contemplates two types of fees. First, C. Self-Regulatory Organization’s [FR Doc. 96–1566 Filed 1–26–96: 8:45 am] the CHX will assess a processing fee for Statement on Comments on the BILLING CODE 8010±01±M odd lot orders and limit orders that are Proposed Rule Change Received From placed on a specialist’s book and are Members, Participants or Others executed subsequently. The odd lot [Release No. 34±36753; File No. SR±CHX± processing fee is similar to the current No written comments were solicited 95±30] or received. odd lot transaction fee, except that it Self-Regulatory Organizations; Notice will not include applicable trade III. Date of Effectiveness of the 2 of Filing and Immediate Effectiveness recording fees. It will be $.35 per trade, Proposed Rule Change and Timing for of Proposed Rule Change by the up to a maximum of $400.00 per month. Commission Action Chicago Stock Exchange, Incorporated The open limit order processing fee will Because the foregoing proposed rule Relating to Order Processing Fees and be $.25 per limit order that is executed. 3 change: (1) Does not significantly affect Transaction Fees Orders in NASDAQ/NMS Securities the protection of investors or the public will not be assessed any order interest, (2) does not impose any January 22, 1996. processing fees. significant burden on competition, and Pursuant to Section 19(b)(1) of the Second, the Exchange will assess (3) does not have the effect of limiting Securities Exchange Act of 1934 certain transaction fees for orders access to or availability of any Exchange (‘‘Act’’),1 notice is hereby given that on executed on the CHX. Market orders order entry or trading system, the January 2, 1996 the Chicago Stock sent via MAX 4 will not be assessed any NATIONAL BEST program has become Exchange, Incorporated (‘‘CHX’’ or effective pursuant to Section ‘‘Exchange’’) filed with the Securities 2 The Commission notes that the CHX has 19(b)(3)(A)(iii) of the Act and Rule 19b– and Exchange Commission decided to terminate the clearance and settlement 4 (‘‘Commission’’) the proposed rule services offered by several of its subsidiaries. See 4(e)(5) thereunder. At any time within Securities Exchange Act Release No. 36684 (Jan. 5, 60 days of the filing of such rule change, change as described in Items I, II, and 1995), 61 FR 1195 (approving the necessary the Commission may summarily III below, which Items have been proposed rule changes and providing details of the abrogate such rule change if it appears prepared by the self-regulatory CHX’s agreement not to engage in the businesses to the Commission that such action is organization. The Commission is from which it has decided to withdraw). 3 The Commission notes that the National necessary or appropriate in the public publishing this notice to solicit Association of Securities Dealers, Inc. refers to such interest, for the protection of investors, comments on the proposed rule change securities as ‘‘Nasdaq National Market Securities.’’ or otherwise in furtherance of the from interested persons. However, the Exchange, in order to maintain purpose of the Act. consistency within its rules, still utilizes the term I. Self-Regulatory Organization’s ‘‘NASDAQ/NMS Securities.’’ The Exchange intends IV. Solicitation of Comments Statement of the Terms of Substance of to update this aspect of its rules at a later date. the Proposed Rule Change Telephone conversation between David T. Rusoff, Interested persons are invited to Attorney, Foley & Lardner, and Anthony P. Pecora, submit written data, views and The Exchange proposes to amend Attorney, SEC (Jan. 16, 1996). arguments concerning the foregoing. Section (c), add a new Section (d), and 4 MAX stands for ‘‘Midwest Automated Execution System.’’ This system may be used to provide Persons making written submissions make conforming renumbering changes automated delivery and execution of certain orders. See Chicago Stock Exchange Guide, Article XX, 4 17 CFR 240.19b–4(e)(5). 1 15 U.S.C. 78s(b)(1). Rule 37. 2852 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices transaction fees. All other orders (except 2. Statutory Basis available for inspection and copying at orders of specialists, orders in The proposed rule change is the Commission’s Public Reference NASDAQ/NMS Securities, and orders of consistent with Section 6(b) of the Act 8 Section, 450 Fifth Street, NW., a floor broker acting in the capacity as in general and furthers the objectives of Washington, DC 20549. Copies of such a principal) will be charged a Section 6(b)(4) 9 in particular in that it filing also will be available for transaction fee on a sliding scale. There provides for the equitable allocation of inspection and copying at the principal will be no charge for the first 500 shares; reasonable dues, fees, and other charges office of the CHX. All submissions a $.0075 per share charge for the next among the Exchange’s members and should refer to File No. SR–CHX–95–30 2000 shares; a $.005 per share charge for other persons using its facilities. and should be submitted by February the next 7500 shares; and a $.004 per 20, 1996. B. Self-Regulatory Organization’s share charge for the remaining shares of For the Commission, by the Division of an order. This transaction fee will be Statement on Burden on Competition Market Regulation, pursuant to delegated capped at a maximum of $100.00 per The Exchange believes the proposed authority.12 side. This cap is similar to the cap on rule change does not impose any burden Margaret H. McFarland, 5 round lot trades today except that it on competition. Deputy Secretary. will not include applicable trade [FR Doc. 96–1473 Filed 1–26–96; 8:45 am] recording fees.6 The Exchange will C. Self-Regulatory Organization’s impose a maximum cap of $7,000 per Statement on Comments on the BILLING CODE 8010±01±M month for transaction fees on orders Proposed Rule Change Received From sent via MAX that are executed. Also, Members, Participants, or Others [Release No. 34±35750; File No. SR±DTC± for these fees, the Exchange will impose The Exchange has neither solicited 95±18] maximum monthly transaction fees of nor received written comments on the $45,000 for firms with a floor broker or proposed rule change. Self-Regulatory Organizations; The market maker presence on the floor of Depository Trust Company; Order III. Date of Effectiveness of the the Exchange and $65,000 for orders of Approving a Proposed Rule Change Proposed Rule Change and Timing for all-floor members. The Exchange will Seeking to Establish a Coupon Commission Action continue to waive transaction fees for Collection Service for Municipal Bearer orders in Tape B eligible issues that are The foregoing rule change constitutes Bonds executed through MAX.7 In addition, all or changes a due, fee, or other charge imposed by the Exchange and, therefore, January 22, 1996. transaction fees for orders in NASDAQ/ On September 18, 1995, The NMS Securities will be waived. has become effective pursuant to Section 19(b)(3)(A) of the Act 10 and Depository Trust Company (‘‘DTC’’) Fees for specialists will remain filed with the Securities and Exchange unchanged. subparagraph (e) of Rule 19b–4 thereunder. 11 Commission (‘‘Commission’’) a Floor brokers acting in the capacity as proposed rule change (File No. SR– a principal will be charged a transaction At any time within sixty days of the filing of such proposed rule change, the DTC–95–18) pursuant to Section fee for each such order on a sliding 19(b)(1) of the Securities Exchange Act scale. There will be no charge for the Commission may summarily abrogate of 1934 (‘‘Act’’).1 On October 30, 1995, first 500 shares; a $.0015 per share such rule change if it appears to the DTC filed an amendment to the charge for the next 2000 shares; a $.001 Commission that such action is proposed rule change.2 Notice of the per share charge for the next 7500 necessary or appropriate in the public proposal was published in the Federal shares; and a $.0008 per share charge for interest, for the protection of investors, Register on December 11, 1995.3 No the remaining shares of an order. The or otherwise in furtherance of the comment letters were received. For the transaction fee will be capped at a purposes of the Act. reasons discussed below, the maximum of $20.00 per side. However, IV. Solicitation of Comments Commission is approving the proposed there will be no monthly cap on these rule change. transaction fees. Interested persons are invited to submit written data, views, and I. Description arguments concerning the foregoing. 5 The language contained in the Exchange’s The proposed rule change establishes current fee schedule refers to a ‘‘per trade’’ cap, but Persons making written submissions the Exchange’s practice has been to interpret this should file six copies thereof with the a service for the collection of interest as a ‘‘per side’’ cap. Therefore, the practical effect Secretary, Securities and Exchange relating to the coupons from municipal of this filing would be to align the language Commission, 450 Fifth Street, NW., bearer bonds. This service includes contained in the CHX’s fee schedule with its collection of coupons which are due in current interpretation. Telephone conversation Washington, DC 20549. Copies of the between David T. Rusoff, Attorney, Foley & submission, all subsequent the future as well as past-due coupons Lardner, and Glen Barrentine, Senior Counsel/Team amendments, all written statements for DTC eligible and ineligible Leader, SEC (Jan. 18, 1996). with respect to the proposed rule municipal issues payable in the United 6 See supra note 2. change that are filed with the States. Past-due coupons will be 7 The Consolidated Tape, operated by the accepted for up to three years after the Consolidated Tape Association (‘‘CTA’’), compiles Commission, and all written current last sale reports in certain listed securities communications relating to the payable date. and disseminates these reports to vendors on a proposed rule change between the DTC participants using this service consolidated basis. The CTA is comprised of the Commission and any person, other than must deposit coupons in a standard New York, American, Boston, Cincinnati, Chicago, Pacific, and Philadelphia Stock Exchanges, as well those that may be withheld from the 12 as the Chicago Board Options Exchange and the public in accordance with the 17 CFR 200.30–3(a)(12). National Association of Securities Dealers, Inc. provisions of 5 U.S.C. 552, will be 1 15 U.S.C. § 78s(b)(1) (1988). Transactions in American Stock Exchange listed 2 Letter from Piku K. Thakkar, Assistant Counsel, stocks and qualifying regional listed stocks are DTC, to Mark Steffensen, Esq., Division of Market 8 reported on CTA Tape B. See Securities Exchange 15 U.S.C. 78f(b). Regulation (‘‘Division’’), Commission (October 26, Act Release No. 35239, (Jan. 19, 1995), 60 FR 4935 9 15 U.S.C. 78f(b)(4). 1995). (extending the waiver transaction fees for Tape B 10 15 U.S.C. 78s(b)(3)(A). 3 Securities Exchange Act Release No. 36545 eligible issues that are executed through MAX). 11 17 CFR 240.19b–4. (December 1, 1995), 60 FR 63554. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2853 sealed envelope or ‘‘shell’’ with no more dates, mixed series or purposes, or Shells deposited a minimum of 15 than 200 coupons contained in any one mixed maturity years; (ii) incorrect days before payable date ...... $4.50 shell.4 Mutilated coupons must be count of shell contents; (iii) called Shells deposited less than 15 days guaranteed by the depositing participant certificate; (iv) mutilated coupon; (v) before payable date (including and placed into separate shells.5 DTC stopped certificate; 7 or (vi) issue in past-due coupons) ...... 5.25 requires that each shell contain the default. Rejected shells ...... 15.00 following information on its face: (i) DTC will pass rejected shells to its II. Discussion CUSIP number; (ii) a description of the participants in the form received from issue including municipality, state, the paying agent together with any Section 17A(b)(3)(F) 10 of the Act purpose, series, date of issue, and paying agent documentation. DTC will requires that the rules of a clearing maturity date; (iii) payable date; (iv) not inspect or verify the contents of agency be designed to remove quantity of coupons enclosed; (v) dollar rejected shells. For shells rejected after impediments to and to perfect the value of individual coupons; (vi) total the payable date, DTC will debit mechanism of a national system for the shell value; (vii) participant number; appropriate funds from the depositing prompt and accurate clearance and and (viii) contact name and telephone participant’s account on the day the settlement of securities transactions and number of the depositing participant. rejected coupons are returned to the to promote the prompt and accurate All shells must be accompanied by a participant. clearance and settlement of securities DTC will credit interest to its completed deposit ticket that includes: transactions. The Commission believes participants on the payable date for (i) DTC participant number; (ii) shell that DTC’s proposed rule change is quantity; (iii) total dollar value; (iv) coupons that are deposited (i) at least consistent with DTC’s obligations under CUSIP number per shell; (v) coupon eight business days prior to payable date quantity per shall; (vi) dollar value per if the paying agent for the coupons is the Act because the new service shell; and (vii) whether the coupons are located outside of New York City or (ii) presents a more efficient method of payable on a future date or are pastdue.6 at least five business days prior to the settling the payment of bearer bond DTC will verify the number of shells payable date if the paying agent is coupons and should allow DTC listed on the deposit ticket and will give located in New York City. Coupons not participants to reduce the labor needed the depositing participant a time- deposited within the time frames to deal with may different issuers or stamped copy of the ticket. If the described above and past-due coupons paying agents in connection with the number of shells listed on the deposit will be credited to participants (i) ten collection of coupons and the receipt of ticket does not agree with the physical business days following the date of interest payments. Furthermore, DTC number of shells, DTC will immediately deposit if the paying agent is located participants should be better able to reject the entire deposit and will return outside New York City or (ii) seven track the status of the coupon receipt it to the participant. DTC will neither business days following the date of and interest payment process because inspect nor verify shells’ contents prior deposit if the paying agent is located in these activities will be reported directly 8 to presentation to paying agents. The New York City. to them through the new PTS function. depositing participant is responsible for DTC will credit the accounts of its the integrity of the shells’ contents. In depositing participants on the foregoing III. Conclusion the event of a coupon shell loss, the payable dates without regard to whether participant must provide DTC with a DTC actually has received payment On the basis of the foregoing, the full description (including certificate from the issuer or paying agent as of Commission finds that the proposal is numbers) of the coupons contained in such date.9 All coupons deposited after consistent with the requirements of the the shell. 11 a.m. will be considered to be Act and in particular with the The paying agent may reject and received the following business day. In requirements of section 17A of the Act return coupons to DTC for a variety of addition, during the first quarter of and the rules and regulations reasons. The most common reasons for 1996, DTC will make available a new thereunder. rejection are likely to include: (i) mixed Participant Terminal System (‘‘PTS’’) It is therefore ordered, pursuant to shell contents including mixed payable function which will enable DTC section 19(b)(2) of the Act, that the participants to view the status of their proposed rule change (File No. SR– 4 Only coupons for the same CUSIP number, coupon deposits. series, and payable date can be enclosed in any one DTC will charge its participants the DTC–95–18) be and hereby is approved. shell. following fees for this service: For the Commission by the Division of 5 The depositing participant will guarantee the validity of the coupon number, bond number, Market Regulation, pursuant to delegated payable date, and payable amount of the mutilated 7 A stopped certificate is a certificate for which authority.11 coupon by a stamp affixed to the coupon executed a stop transfer instruction has been requested. A Margaret H. McFarland, by an authorized officer of such participant. In stop transfer instruction typically is initiated as the cases of a badly mutilated coupon, DTC may require result of a lost or stolen stock certificate. Telephone Deputy Secretary. a letter of indemnity. In the event a paying agent conversation between Piku K. Thakkar, Assistant [FR Doc. 96–1474 Filed 1–26–96; 8:45 am] rejects a mutilated coupon, DTC will reverse any Counsel, DTC, and Mark Steffensen, Attorney, credit made to the depositing participant’s account Division, Commission (September 26, 1995). BILLING CODE 8010±01±M with respect to such coupon. Telephone 8 DTC will accept past-due coupons into the conversation between Piku K. Thakkar, Assistant coupon selection service program for up to three Counsel, DTC; Ann Reich, DTC; and Mark years after the original coupon payment date. Steffensen, Attorney, Division, Commission 9 According to DTC, payments due DTC from (October 17, 1995). issuers and paying agents are received on or before 6 When payments on the coupons are due in the the payable date between 97 and 98 percent of the future, each deposit ticket can have up to 50 shells time. Typically, late payments are the result of attached to it, but all of the coupons in each of the transmission problems or equipment failure which attached shells must have the same payable date. is unrelated to the ability of the issuer or paying For past-due coupons, shells with different payable agent to actually make such payments. Telephone dates may be listed on the same deposit ticket. conversation between Piku K. Thakkar, Assistant Letter from Piku K. Thakkar, Assistant Counsel, Counsel, DTC; Ann Reich, DTC; and Mark DTC, to Mark Steffensen, Esq., Division, Steffensen, Attorney, Division, Commission 10 15 U.S.C. § 78q–1(b)(3)(F) (1988). Commission (October 26, 1995). (October 17, 1995). 11 17 CFR 200.30–3(a)(12) (1994). 2854 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

[Release No. 34±36757; File No. SR±NASD± A. Self-Regulatory Organization’s and (3) all conventional options 95±55] Statement of the Purpose of, and overlying equity securities that qualify Statutory Basis for, the Proposed Rule for, but do not underlie, an exchange- Self-Regulatory Organizations; Notice Change traded option with a position limit of of Filing and Order Granting 1. Purpose 10,500-contracts. Accelerated Approval of Proposed Similarly, the 7,500-contract position Rule Change by the National The NASD proposes to amend its limit applies to: (1) Exchange-listed Association of Securities Dealers, Inc., rules governing position and exercise options traded by ‘‘access’’ firms with a To Add Two Position and Exercise limits for equity options 3 to conform to corresponding 7,500-contract position Limit Tiers for Qualifying Equity Option similar proposals by the options limit imposed by the options Classes exchanges which were recently exchange(s) on which the option is approved by the Commission.4 NASD 9 January 22, 1996. traded; (2) all conventional options rules currently provide that position overlying equity securities which Pursuant to Section 19(b)(1) of the and exercise limits are determined underlie exchange-traded options that Securities Exchange Act of 1934 according to a ‘‘three-tiered’’ system. 1 2 have a 7,500-contract position limit; and (‘‘Act’’), and Rule 19b–4 thereunder, Specifically, depending upon the (3) all conventional options overlying notice is hereby given that on November trading volume and public float of the equity securities that qualify for, but do 20, 1995, the National Association of underlying security, the position limit not underlie, an exchange-traded option Securities Dealers, Inc. (‘‘NASD’’) filed for an equity option is either 4,500, with a position limit of 7,500-contracts. 5 with the Securities and Exchange 7,500, or 10,500 contracts. Lastly, the 4,500-contract position Commission (‘‘Commission’’) the In particular, the 10,500-contract limit applies to: (1) Exchange-listed proposed rule change as described in position limit applies to: (1) Exchange- options traded by ‘‘access’’ firms with a listed options traded by ‘‘access’’ 6 firms Items I and II below, which Items have corresponding 4,500-contract position with a corresponding 10,500-contract been prepared by the self-regulatory limit imposed by the options position limit imposed by the options organization. The NASD has requested exchange(s) on which the option is exchange(s) on which the option is accelerated approval for the proposal. traded; 10 and (2) all conventional traded; 7 (2) all conventional options This order approves the NASD’s options overlying equity securities overlying equity securities which proposal on an accelerated basis and which either underlie exchange-traded underlie exchange-traded options that solicits comments from interested options that have a 4,500-contract have a 10,500-contract position limit; 8 persons. position limit or do not underlie an exchange-traded option. I. Self-Regulatory Organization’s 3 Position limits impose a ceiling on the number Statement of the Terms of Substance of of option contracts in each class on the same side Through this rule filing, the NASD the Proposed Rule Change of the market (i.e., aggregating long calls and short proposes to add two new higher puts and long puts and short calls) that can be held position limit tiers that correspond to The NASD is proposing to amend or written by an investor of group of investors acting in concern. Exercised limits restrict the the two new ‘‘upper’’ position limit tiers Article III, Section 33(b)(3)(A) of the number of options contracts which an investor or recently approved by the Commission NASD Rules of Fair Practice to add two group of investors acting in concert can exercise for exchange-traded options.11 new position limit tiers for option within five consecutive business days. Under NASD Specifically, the NASD proposes to add classes overlying equity securities that Rules, exercise limits correspond to position limits, such that investors in options classes on the same a 20,000-contract position limit tier and meet certain criteria for high liquidity. side of the market are allowed to exercise, during a 25,000-contract position limit tier. To Specifically, the NASD proposes to add any five consecutive business days, only the qualify for the 20,000-contract position a 20,000-contract position limit tier and number of options contracts set forth as the limit tier, the underlying security must a 25,000-contract position limit tier. applicable position limit for those options classes. See Sections 33(b) (3) and (4) of Article III of the have at least 240 million shares The NASD requests that the NASD Rules of Fair Practice. outstanding with 60 million shares Commission find good cause, pursuant 4 See Securities Exchange Act Release Nos. 36371 traded in the past six months, or have to Section 19(b)(2) of the Act, to approve (October 13, 1995), 60 FR 54269 (October 20, 1995) 80 million shares traded in the past six (order approving File No. SR–CBOE–95–42); and the proposed rule change prior to the 36409 (October 23, 1995), 60 FR 55399 (October 31, months. To qualify for the 25,000- thirtieth day after publication in the 1995) (Order approving File Nos. SR–NYSE–95–31, contract position limit tier, the Federal Register. SR–PSE–95–25, SR–Amex–95–42, and SR–Phlx– underlying security must have at least 95–71). 300 million shares outstanding with 75 II. Self-Regulatory Organization’s 5 In this connection, NASD rules do not million shares traded in the past six Statement of the Purpose of, and specifically govern how a specific equity option months, or have 100 million shares Statutory Basis for, the Proposed Rule falls within one of the three position limit tiers. Rather, the NASD’s position limit rule provides that traded in the past six months. Thus, for Change the position limit established by an options NASD members that are ‘‘access’’ firms exchange(s) for a particular equity option is the In its filing with the Commission, the applicable position limit for purposes of the NASD included statements concerning NASD’s rule. of Fair Practice to mean ‘‘any option contract not the purpose of and basis for the 6 ‘‘Access’’ firms are NASD members which issued, or subject to issuance, by The Options Clearing Corporation.’’ proposed rule change and discussed any conduct a business in exchange-listed options but which are not members of any of the options 9 To be eligible for the 7,500-contract position comments it received on the proposed exchanges upon which the options are listed and limit under the options exchanges’ rules, an rule change. The text of these statements traded. underlying security must have either (i) trading 7 may be examined at the places specified To be eligible for the 10,500-contract position volume of at least 20 million shares during the most limit under the options exchanges’ rules, an recent six month trading period; or (ii) trading in Item III below. The NASD has underlying security must have either (i) trading prepared summaries, set forth in volume of at least 40 million shares during the most volume of at least 15 million shares during the most Sections A, B, and C below, of the most recent six month trading period; or (ii) trading recent six month trading period and at least 40 significant aspects of such statements. volume of at least 30 million shares during the most million shares currently outstanding. recent six month trading period and at least 120 10 Under the rules of the options exchanges, all million shares currently outstanding. securities that do not qualify for a position limit of 1 15 U.S.C. 78s(b)(1) (1988). 8 Conventional equity options are defined in 10,500-contracts or 7,500-contracts are subject to 2 17 CFR 240.19b–4 (1994). Article III, Section 33(b)(2)(GG) of the NASD Rules the 4,500-contract tier. 11 See supra note 4. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2855 or that are involved in conventional that it and the options exchanges will public in accordance with the equity option transactions, the proposal continue to be members of the provisions of 5 U.S.C. 552, will be will conform the NASD’s position and Intermarket Surveillance Group (‘‘ISG’’). available for inspection and copying at exercise limit rules to the position limit the Commission’s Public Reference 2. Statutory Basis tiers recently approved by the Section, 450 Fifth Street, N.W., Commission for the options exchanges. The NASD believes that the proposed Washington, D.C. 20549. Copies of such The NASD believes that the proposed rule change is consistent with Section filings also will be available for ‘‘upper’’ position limits are warranted 15A(b)(6) of the Act.13 Section 15A(b)(6) inspection and copying at the principal for the following reasons. First, the requires that the rules of a national office of the NASD. All submissions higher position and exercise limits will securities association be designed to should refer to File No. SR–NASD–95– afford market participants, particularly prevent fraudulent and manipulative 55 and should be submitted by February investors with sizable holdings, acts and practices, to promote just and 20, 1996. accounts, or assets, greater flexibility to equitable principles of trade, to foster employ larger options positions when cooperation and coordination with IV. Commission’s Findings and Order effecting their hedging and investment persons engaged in regulating, clearing, Granting Accelerated Approval of strategies. Second, the higher position settling, processing information with Proposed Rule Change limit tiers likely will facilitate greater respect to, and facilitating transactions The Commission finds that the activity in exchange-listed options and in securities, to remove impediments to proposed rule change is consistent with conventional equity options, thereby and perfect the mechanism of a free and the requirements of the Act and the enhancing liquidity in the markets for open market and a national market rules and regulations thereunder exchange-traded options, conventional system and, in general, to protect applicable to a national securities equity options, and the securities investors and the public interest. association, and, in particular, with the underlying those options. Third, by Specifically, the NASD believes that the requirements of Section 15A(b)(6). conforming the NASD’s position and proposal will promote the maintenance Specifically, the Commission believes exercise limits to the limits imposed by of fair and orderly markets because it that the proposed addition of position the options exchanges, there will be no will, among other things, serve to avoid and exercise limit tiers of 25,000- confusion by market participants investor confusion concerning contracts and 20,000-contracts for concerning applicable position and applicable equity option position and qualifying equity options will exercise limits. Fourth, with respect to exercise limits as well as to facilitate the accommodate the needs of investors and equity securities underlying exchange- use of equity options by investors, market participants. The Commission traded options, market participants will without compromising the integrity of also believes that the proposed rule be able to establish conventional the equity options markets or the change will increase the potential depth options positions on these securities markets for the securities underlying and liquidity of the equity options equivalent in size of standardized equity options. market as well as the underlying cash options positions on these securities. market without significantly increasing Moreover, the NASD believes that the B. Self-Regulatory Organization’s Statement on Burden on Competition concerns regarding intermarket proposed larger position limit tiers will manipulations or disruptions of the not compromise the integrity of the The NASD does not believe that the market for the options or the underlying options markets or jeopardize the proposed rule change will impose any securities. Accordingly, as discussed stability of the securities markets inappropriate burden on competition. below, the Commission believes that the underlying exchange-traded equity C. Self-Regulatory Organization’s rule proposal is consistent with the options or conventional equity options. requirements of Section 15A(b)(6), that Specifically, because the eligibility Statement on Comments on the association rules facilitate transactions standards for the higher position limit Proposed Rule Change Received From in securities while continuing to further tiers will ensure that only those Members, Participants, or Others investor protection and the public securities with a sufficiently large Comments were neither solicited nor interest. capitalization and public float will be received with respect to the proposed In approving the increased limits, the eligible for the higher limits, the NASD rule change. Commission recognizes that securities does not believe that the higher position with active and deep trading markets, as limit tiers will have an adverse market III. Solicitation of Comments well as with broad public ownership, impact. In addition, as noted in the Interested persons are invited to are more difficult to manipulate or Chicago Board Options Exchange, Inc.’s submit written data, views, and (‘‘CBOE’’) rule filing concerning the arguments concerning the foregoing. disrupt than securities having less higher position limit tiers, the largest Persons making written submissions active and deep markets and having dollar value that could be controlled in should file six copies thereof with the smaller public floats. The proposed any equity options class by any one Secretary, Securities and Exchange additional position and exercise limit investor or group of investors acting in Commission, 450 Fifth Street, N.W., tiers recognize this by seeking to concert under the proposal would not Washington, D.C. 20549. Copies of the minimize the restraints on those options exceed .7 percent of the market submission, all subsequent classes that can accommodate larger capitalization of any security eligible for amendments, all written statements limits without significantly increasing 14 one of the higher position limit tiers.12 with respect to the proposed rule manipulation concerns. In particular, Accordingly, the NASD believes that the changes that are filed with the 14 The Commission continues to believe that proposed position limit tiers would Commission, and all written proposals to increase position and exercise limits involve a very modest increase in communications relating to the must be justified and evaluated separately. After position limits. Furthermore, the NASD proposed rule changes between the reviewing the proposed exercise limits, along with notes that it will continue to apply its Commission and any person, other than the eligibility criteria for the two new tiers, the Commission has concluded that the proposed options surveillance procedures and those that may be withheld from the exercise limit additions do not raise manipulation problems or increase concerns over market 12 See supra note 4. 13 15 U.S.C. § 78f(b)(5) (1988). disruption in the underlying securities. 2856 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices the proposed limit of 25,000-contracts believes that the proposed additional (‘‘Act’’), 15 U.S.C. § 78s(b)(1), notice is and 20,000-contracts for options on the limit tiers should result in little or no hereby given that on December 28, 1995, most actively traded, widely held additional risk to the marketplace.16 the New York Stock Exchange, Inc. securities, permits the Commission to The Commission finds good cause to (‘‘NYSE’’ or ‘‘Exchange’’) filed with the avoid placing unnecessary restraints on approve the proposed rule changes prior Securities and Exchange Commission those options where the manipulative to the thirtieth day after the date of (‘‘Commission’’) the proposed rule potential is the least and the need for publication of notice of filing thereof in change as described in Items I, II, and increased positions likely is the greatest. the Federal Register. Specifically, by III below, which Items have been Accordingly, the Commission believes accelerating the approval of the NASD’s prepared by the self-regulatory that the additional position and exercise rule proposal, the Commission is organization. The Commission is limit tiers is warranted. conforming the NASD’s position and publishing this notice to solicit The Commission believes that the exercise limits with those levels comments on the proposed rule change proposed additions to the NASD’s recently approved for the options position and exercise limit tiers appears exchanges.17 Accelerated approval of from interested persons. to be both appropriate and consistent the proposed rule change will thereby I. Self-Regulatory Organization’s with the Commission’s gradual, provide for the desired uniformity for Statement of the Terms of Substance of evolutionary approach. There are no position and exercise limits within the the Proposed Rule Change ideal position limits in the sense that exchange traded options market. Any options positions of any given size can other course of action could lead to The proposed rule change consists of be stated conclusively to be free of any unnecessary investor confusion. In revisions to the ‘‘List of Exchange Rule manipulative concerns. The addition, the CBOE’s proposal was Violations and Fines Applicable Thereto Commission, however, is relying on the noticed for the entire twenty-one day Pursuant to Rule 476A’’ (the Rule 476A absence of discernible manipulation comment period and generated no Violations List) by adding to the List: (1) problems under the current framework negative responses.18 Accordingly, the misstatements or omission of fact on as an indicator that the proposed Commission believes that it is any submission filed with the Exchange additional limit tiers are justified. consistent with Section 15A(b)(6) of the as provided in NYSE Rule 476(a)(10); (2) The Commission does not believe that Act to approve the proposed rule change failure to comply with the requirements the addition of the two new higher limit on an accelerated basis. tiers will have any adverse effects on the of NYSE Rule 95 with respect to its options markets. In approving the initial V. Conclusion order identification requirements or two-tiered position limit system, the It is therefore ordered, pursuant to prohibition of transactions by members Commission stated that it did not Section 19(b)(2) 19 of the Act that the on the Floor involving discretion; and believe that requiring traders to keep proposed rule change (File No. SR– (3) failure to comply with certain track of two limits rather than one was NASD–95–55) is hereby approved on an requirements for execution of block burdensome or confusing or would lead accelerated basis. cross transactions under NYSE Rule to accidental violations.15 The For the Commission, by the Division of 127. The Exchange believes it is Commission does not believe that a Market Regulation, pursuant to delegated appropriate to make the failure to change from the current three tiers to authority.20 comply with the provisions of the five tiers should change this conclusion. Margaret H. McFarland, above-named rules subject to the The Commission believes that Deputy Secretary. possible imposition of a fine under Rule although position and exercise limits for [FR Doc. 96–1475 Filed 1–26–96; 8:45 am] 476A procedures.1 options must be sufficient to protect the BILLING CODE 8010±01±M options and related markets from II. Self-Regulatory Organization’s disruptions by manipulations, the limits Statement of the Purpose of, and must not be established at levels that are [Release No. 34±36756; File No. SR±NYSE± Statutory Basis for, the Proposed Rule so low as to discourage participation in 95±45] Change the options market by institutions and other investors with substantial hedging Self-Regulatory Organizations; Notice In its filing with the Commission, the needs or to prevent market makers from of Filing of Proposed Rule Change by self-regulatory organization included adequately meeting their obligations to the New York Stock Exchange, Inc. statements concerning the purpose of maintain a fair and orderly market. The Relating to Additions to ``List of and basis for the proposed rule change Commission believes that the NASD’s Exchange Rule Violations and Fines and discussed any comments it received proposal is a reasonable and Applicable Thereto Pursuant to Rule on the proposed rule change. The text appropriately tailored effort to 476A'' of these statements may be examined at accommodate the identified needs of January 22, 1996. the places specified in Item IV below. options market participants. In this Pursuant to Section 19(b)(1) of the The self-regulatory organization has regard it is important to note that the Securities Exchange Act of 1934 prepared summaries, set forth in proposals only add higher position and Sections A, B, and C below, of the most exercise limit tiers for classes of options 16 The Commission notes that to the extent the significant aspects of such statements. involving the most liquid stocks. As a potential for manipulation increases because of the result, the proposal affects only a small additional tiers, the Commission believes the number of equity option classes that are NASD’s surveillance programs will be adequate to 1 Concurrently with the proposed rule change, the traded. In addition, based on the detect as well as to deter attempted manipulative Exchange is seeking to amend its Rule 19d–1(c)(2) activity. The Commission will, of course, continue reporting plan for Rule 476A violations (‘‘Minor NASD’s experience, the Commission to monitor the NASD’s surveillance programs to Rule Violation Plan’’) to include the items proposed ensure that problems do not arise. for addition to the list of rules subject to Rule 476A. 15 In this regard, the Commission notes that the 17 See supra note 4. See letter from Daniel Parker Odell, Assistant options exchanges and the NASD routinely review 18 Id. the trading characteristics of the underlying stocks Secretary, NYSE, to Glen Barrentine, Team Leader, to determine the appropriate position and exercise 19 15 U.S.C. 78s(b)(2) (1988). Division of Market Regulation, SEC, dated limit tiers for the option classes. 20 17 CFR 200.30–3(a)(12) (1994). December 27, 1995. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2857

A. Self-Regulatory Organization’s bid or offer.3 Specifically, the Exchange under Rule 476A to address the Statement of the Purpose of, and would view the failure to fulfill the conduct. Statutory Basis for, the Proposed Rule requirement to satisfy public limit While the Exchange, upon Change orders at the clean-up price when a investigation, may determine that a position is established or increased for violation of these procedures is a minor 1. Purpose a member’s or member organization’s violation of the type which is properly Rule 476A 2 provides that the proprietary account as one type of addressed by the procedures adopted Exchange may impose a fine, not to violation for which a fine pursuant to under Rule 476A, in those instances exceed $5,000, on any member, member Rule 476A might be imposed.4 In where investigation reveals a more organization, allied member, approved addition, failure to utilize the procedure serious violation of the above-described person, or registered or non-registered of NYSE Rule 127 to satisfy all better- rules, the Exchange will provide an employee of a member or member priced limit orders when effecting block appropriate regulatory response. organization for a minor violation of crosses outside the currently quoted certain specified Exchange rules. market would also be considered a 2. Statutory Basis The purpose of the Rule 476A violation for which a fine pursuant to The proposed rule change will procedure is to provide for a response Rule 476A might be imposed. advance the objectives of Section 6(b)(6) to a rule violation when a meaningful The Exchange is also seeking to add of the Act in that it will provide a sanction is appropriate but when to the 476A List failure by members or procedure whereby member initiation of a disciplinary proceeding member organizations to follow the organizations can be ‘‘appropriately under Rule 476 is not suitable because procedures of NYSE Rule 95 with disciplined’’ in those instances when a such a proceeding would be more costly respect to prohibition of transactions by rule violation is minor in nature, but a and time-consuming than would be members on the Floor involving sanction more serious than a warning or warranted given the minor nature of the discretion as to (1) choice of security, (2) cautionary letter is appropriate. The violation. Rule 476A provides for an total amount of security to be bought or proposed rule change provides a fair appropriate response to minor sold, or (3) whether a transaction is to procedure for imposing such sanctions, violations of certain Exchange rules be a purchase or a sale. The Exchange in accordance with the requirements of while preserving the due process rights is also seeking to add to the 476A List Sections 6(b)(7) and 6(d)(1) of the Act. of the party accused through specified, of failure to appropriately identify a required procedures. The list of rules, liquidating order pursuant to NYSE B. Self-Regulatory Organization’s which are eligible for 476A procedures, Rule 95(c) (all liquidating orders Statement on Burden on Competition specifies those rule violations that may effected pursuant to Rule 95(c) must be The Exchange does not believe that be the subject of fines under the rule marked on the Floor as ‘‘BC’’ in the case the proposed rule change will impose and also includes a schedule of fines. of an order covering a short position or any inappropriate burden on In SR–NYSE–84–27, which initially ‘‘SLQ’’ in the case of the sell order competition. set forth the provisions and procedures liquidating a long position). of Rule 476A, the Exchange indicated it The Exchange is also seeking to add C. Self-Regulatory Organization’s would amend the list of rules from time to the 476A List misstatements or Statement on Comments on the to time, as it considered appropriate, in omissions of fact on applications for Proposed Rule Change Received From order to phase in the implementation of membership approval, financial Members, Participants, or Others Rule 476A as experience with it was statements, reports or other submissions No written comments were either gained . filed with the Exchange as provided in solicited or received. The Exchange is presently seeking NYSE Rule 476(a)(10). The Exchange approval to add to the 476A List of would be careful to distinguish III. Date or Effectiveness of the Rules subject to possible imposition of misstatements or omissions of facts from Proposed Rule Change and Timing for fines under Rule 476A procedures the willfully made false or misleading Commission Action failure by members or member statements and omissions of material Within 35 days of the publication of organizations to adhere to certain fact, as a finding by the Exchange of this notice in the Federal Register or procedures under NYSE Rule 127 for conduct in the latter two categories within such other period (i) as the execution of block cross transactions at could cause an individual or entity to be Commission may designate up to 90 a price that is outside of the NYSE best subject to a statutory disqualification as days of such date if it finds such longer defined in Section 3(a)(39)(F) of the Act. period to be appropriate and publishes 2 Rule 476A was approved by the Commission on Moreover, in appropriate circumstances its reasons for so finding or (ii) as to January 25, 1985. See Securities Exchange Act (e.g., findings of a pattern of which the self-regulatory organization Release No. 21688 (Jan. 25, 1985), 50 FR 5025 (Feb. misstatements or omissions), the 5, 1985). For subsequent additions of rules to the consents, the Commission will: Rule 476A Violations List see, e.g., Securities Exchange would not use the procedures (A) by order approve the proposed Exchange Act Release Nos. 22037 (May 14, 1985), rule change, or 50 FR 12213 (May 21, 1985); 22415 (Sept. 17, 1985), 3 In Securities Exchange Act Release No. 35103 (B) institute proceedings to determine 50 FR 38600 (Sept. 23, 1985); 22490 (Oct. 2, 1985), (Dec. 15, 1994), 59 FR 65835 (Dec. 21, 1994), the whether the proposed rule change 50 FR 41084 (Oct. 8, 1985); 23104 (Apr. 11, 1986), Commission approved amendments to NYSE Rule 51 FR 13307 (Apr. 18, 1986); 24935 (Oct. 22, 1987), 127 involving revised procedures for handling such should be disapproved. 52 FR 23820 (Oct. 29, 1987), 25763 (May 27, 1988), blocks. IV. Solicitation of Comments 53 FR 20925 (June 7, 1988); 27878 (Apr. 4, 1990), 4 The Exchange would not seek to review a 55 FR 13345 (Apr. 10, 1990); 28003 (May 9, 1990), member’s initial determination as to whether the Interested persons are invited to 55 FR 20004 (May 14, 1990); 28505 (Oct. 2, 1990), member would incur excessive stock loss by submit written data, views, and 55 FR 41288 (Oct. 10, 1990); 28995 (Mar. 28, 1991), satisfying all orders at the clean-up price. Given the 56 FR 12967 (Mar. 28, 1991); 30280 (Jan. 22, 1992), member’s initial determination as to which of NYSE arguments concerning the foregoing. 57 FR 3452 (Jan. 29, 1992); 30536 (Mar. 31, 1992), Rule 127’s procedures to use, the Exchange would Persons making written submissions 57 FR 12357 (Apr. 9, 1992); 32421 (June 7, 1993), regard the failure to adhere to the requirements of should file six copies thereof with the 58 FR 32973 (June 14, 1993); 33403 (Dec. 28, 1993), the rule to satisfy public orders limited to the clean- Secretary, Securities and Exchange 59 FR 641 (Jan. 5, 1994); 33816 (Mar. 25, 1994), 59 up price at that price before retaining stock for the FR 15471 (Apr. 1, 1994); 34230 (June 17, 1994), 59 member organization’s proprietary account as a Commission, 450 Fifth Street, NW., FR 32727 (June 24, 1994). possible minor violation. Washington, DC 20549. Copies of the 2858 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices submission, all subsequent (‘‘FCOs’’), except for options on the that time, the position and exercise amendments, all written statements Italian lira and the Spanish peseta, to limits have been raised four times.11 In with respect to the proposed rule 200,000 contracts.5 The PHLX 1993, the Exchange filed a proposal to change that are filed with the subsequently filed Amendment Nos. 1, adopt a two-tiered approach to FCO Commission, and all written 2,6 and 3 7 to the proposed rule change position and exercise limits, which was communications relating to the on April 5, 1995, May 2, 1995, and approved by the Commission in proposed rule change between the December 20, 1995, respectively. September 1994.12 According to the Commission and any person, other than Notice of the proposed rule change PHLX, many of the factors cited at that those that may be withheld from the and Amendment Nos. 1 and 2 appeared time continue to indicate that FCO public in accordance with the in the Federal Register on May 16, position and exercise limits warrant an provisions of 5 U.S.C. § 552, will be 1995.8 No comments were received on increase to 200,000 contracts. For available for inspection and copying at the proposal. example, the Chicago Mercantile the Commission’s Public Reference Currently, PHLX Rules 1001 and 1002 Exchange (‘‘CME’’) substituted ‘‘position Section, 450 Fifth Street, NW., establish the following position and accountability standards’’ 13 for position Washington, DC 20549. Copies of such exercise limits for FCOs: (i) 150,000 limits for futures and futures options on filing will also be available for contracts for FCOs which meet an certain foreign currencies.14 As a result, inspection and copying at the principal annual trading volume of at least the PHLX believes that the Exchange is office of the Exchange. All submissions 3,500,000 contracts; and (ii) 100,000 placed at a serious competitive should refer to File No. SR–NYSE–95– contracts for all other FCOs traded on disadvantage. 45 and should be submitted by February the PHLX. The PHLX proposes to In addition, the Exchange has 20, 1996. amend Exchange Rules 1001 and 1002 commenced trading customized FCOs,15 to increase the position and exercise in which positions are aggregated with For the Commission, by the Division of limits for all FCOs, except for options other FCO positions in the underlying Market Regulation, pursuant to delegated on the Italian lira and the Spanish authority. currency; however, customized option peseta,9 to 200,000 contracts. Margaret H. McFarland, trading volume is not included in the PHLX FCO position and exercise volume calculation to determine the Deputy Secretary. limits were set initially at 10,000 applicable position limit under the [FR Doc. 96–1472 Filed 1–26–96; 8:45 am] contracts in 1982, when FCOs first current two-tiered system. In addition to BILLING CODE 8010±01±M began trading on the Exchange.10 Since customized options, there are also other FCO products that are aggregated for 5 See note 7, infra, and accompanying text. [Release No. 34±36746; International Series position and exercise limit purposes, 6 On April 5, 1995, the PHLX submitted a revised Release No. 919; File No. SR±PHLX±95±13] version of the text of the proposed rule change, including long-term, month-end, cash/ which amends the text to indicate that the proposed spot, and American- and European-style Self-Regulatory Organizations; Order position and exercise limit for FCOs is 200,000 FCOs.16 According to the PHLX, FCO Approving Proposed Rule Change and contracts. See Letter from Edith Hallahan, Special Counsel, Regulatory Services, to Michael Notice of Filing and Order Granting 11 See Securities Exchange Act Release Nos. Walinskas, Branch Chief, Office of Market 21676 (January 18, 1985), 50 FR 3859 (January 28, Accelerated Approval of Amendment Supervision (‘‘OMS’’), Division of Market 1985) (order approving File No. SR–PHLX–84–18 No. 3 to the Proposed Rule Change by Regulation (‘‘Division’’), Commission, dated April (increasing position limits from 10,000 to 25,000 5, 1995 (‘‘Amendment No. 1’’). On April 26, 1995, the Philadelphia Stock Exchange, Inc., contracts); 22479 (September 27, 1985), 50 FR the PHLX amended PHLX Rule 1001, Commentary Relating to Modifications of the .05(c), to (1) replace references to the current FCO 41276 (October 9, 1985) (order approving File No. Position and Exercise Limits for position limits with references to the proposed FCO SR–PHLX–85–22) (increasing position limits to Foreign Currency Options position limit; (2) designate current paragraph (c) as 50,000 contracts); 23710 (October 15, 1986), 51 FR paragraph (b), in order to reflect the deletion of 37691 (October 23, 1986) (order approving File No. January 19, 1996. current paragraph (b); and (3) provide that the SR–PHLX–86–24) (increasing position limits to 100,000 contracts); and 34712 (September 23, 1994), On March 10, 1995, as subsequently position and exercise limit for customized and non- customized contracts on the German mark/Japanese 59 FR 50307 (October 3, 1994) (order approving File amended below, the Philadelphia Stock yen cross-rate and the British pound/German mark No. SR–PHLX–93–13) (adopting position limit of Exchange, Inc. (‘‘PHLX’’ or ‘‘Exchange’’) cross-rate options, as well as for cross-rate options 150,000 contracts for FCOs with annual trading submitted to the Securities and traded pursuant to PHLX Rule 1069, ‘‘Customized volume of at least 3,500,000 contracts). Foreign Currency Options,’’ is 200,000 contracts. 12 See Securities Exchange Act Release No. 34712, Exchange Commission (‘‘SEC’’ or See Letter from Edith Hallahan, Special Counsel, supra note 10. ‘‘Commission’’), pursuant to Section Regulatory Services, PHLX, to Michael Walinskas, 13 Position accountability standards require 19(b)(1) of the Securities Exchange Act Branch Chief, OMS, Division, Commission, dated traders who own or control positions in excess of of 1934 (‘‘Act’’),1 and Rule 19b-4 April 26, 1995 (‘‘Amendment No. 2’’). established limits to provide to the exchange, upon thereunder,2 a proposed rule change to 7 The PHLX amended its proposal to provide that request, information regarding the nature of the options on the Italian lira and the Spanish peseta position and the trading strategy employed. amend PHLX Rules 1001, ‘‘Position will continue to be subject to their current position 14 See Letter from Jean A. Webb, Secretary, Limits,’’ 3 and 1002, ‘‘Exercise Limits,’’ 4 and exercise limits of 100,000 contracts. The Commodity Futures trading Commission (‘‘CFTC’’), to increase the position and exercise Exchange also indicated that, under the proposal, to Todd E. Petzel, Senior Vice President, Research, limits for all foreign currency options the aggregation principles provided in PHLX Rule and Chief Economist, CME, dated January 2, 1992. 1001 will continue to apply. See Letter from Gerald See also Speculative Position Limits—Exemption D. O’Connell, First Vice President, Market from CFTC Rule 1.61; CME Proposed Amendments 1 15 U.S.C. § 78s(b)(1) (1988). Regulation and Trading Operations, PHLX, to to Rules 3902.D, 5001.E, 3010.F, 3012.F, 3013.F, 2 17 CFR § 240.19b-4 (1995). Michael Walinskas, Branch Chief, OMS, Division, 3015.F, 4604, and Deletion of Rules 3902.F, 5001.G, 3 Position limits impose a ceiling on the number Commission, dated December 20, 1995 3010.H., 3012.H, 3013.H, and 3015.H. of option contracts which an investor or group of (‘‘Amendment No. 3’’). 15 See Securities Exchange Act Release No. 34925 investors acting in concert may hold or write in 8 See Securities Exchange Act Release No. 35688 (November 1, 1994), 59 FR 55720 (November 8, each class of options on the same side of the market (May 8, 1995), 60 FR 26062. 1994) (order approving File No. SR–PHLX–94–18). (i.e., aggregating long calls and short puts or long 9 As noted above, the position and exercise limits 16 See e.g., Securities Exchange Act Release Nos. puts and short calls). for options on the Italian lira and the Spanish 30672 (May 6, 1992), 57 FR 20546 (May 13, 1992) 4 Exercise limits prohibit an investor or group of peseta will continue to be 100,000 contracts. See (order approving File No. SR–PHLX–91–30) investors acting in concert from exercising more Amendment No. 3, supra note 7. (aggregating long-term FCOs); 30945 (July 21, 1992), than a specified number of puts or calls in a 10 See Securities Exchange Act Release no. 19313 57 FR 33381 (July 28, 1992) (order approving File particular class within five consecutive business (October 14, 1982), 47 FR 46946 (October 21, 1982) No. SR–PHLX–92–13) (aggregating month-end days. (order approving File No. SR–PHLX–81–4). FCOs); 33732 (March 8, 1994), 59 FR 12023 (March Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2859 participants have continued to The Exchange also believes that the position and exercise limits for all accumulate positions near existing proposed increase is reasonable in light FCOs, except for options on the Italian limits. If large traders continue to be of prior position and exercise limit lira and the Spanish peseta, should help restricted by the current position and increases. The 1992 increase represents to accommodate the needs of investors exercise limit levels, the PHLX believes a 50% increase in the two affected and market participants while helping that trading interest could migrate to the options. Previously, the Commission to increase the depth and liquidity of over-the-counter (‘‘OTC’’) market, approved increases of 150%, 100%, and the PHLX’s FCO market. The proposal hampering PHLX liquidity. The 100%.20 Accordingly, the PHLX should also simplify the PHLX’s rules Exchange believes that a higher position believes that the current proposal to by establishing limits that will not and exercise limit may enable such raise by 100% the position and exercise change periodically based on trading traders to consider, or return to, an limits for all FCOs, except options on volume in the FCO as exists under the exchange marketplace for their FCO the Italian lira and the Spanish peseta, PHLX’s current rules. trading, thereby increasing the liquidity is in line with prior changes, and The Commission believes, as it has of the PHLX’s FCO markets. The PHLX specifically does not create a higher stated in the past, that although position believes that increases are particularly increase than any prior one. and exercise limits for FCOs must be appropriate because the FCO market Because of the large size of the sufficient to protect the options and attracts a large number of institutional underlying market in foreign currencies, related markets from disruptions by and corporate investors with substantial the PHLX does not believe that manipulation, the limits must not be hedging needs. According to the manipulative concerns would be established at levels that are so low as Exchange, these investors utilize the enhanced if the limits for FCOs were to discourage participation in the PHLX marketplace by participating in increased. In this regard, the Exchange options market by institutions and other block size transactions in FCOs to hedge notes that its surveillance procedures investors with substantial hedging exposure to fluctuations in exchange are designed to detect violations of these needs or to prevent market makers from rates. limits. In addition, the PHLX notes that adequately meeting their obligations to Since the most recent increase in the proposal will eliminate the maintain a fair and orderly market.22 In position and exercise limits, the fluctuations in limits inherent in a its proposal, the PHLX states that the Exchange has continued to examine volume-based approach. FCO market attracts a large number of FCO position and exercise limits in light For these reasons, and in light of these corporate and institutional investors of the underlying currency market. The market changes, the Exchange believes who have substantial needs and who PHLX estimates that the size of the that the proposed rule change is execute block-sized transactions in worldwide currency market has grown consistent with Section 6 of the Act, in FCOs. In addition, the PHLX believes exponentially. For example, in 1989, general, and, in particular, with Section that trading could migrate to the OTC 6(b)(5), in that it is designed to promote total gross global foreign exchange market if traders continue to be just and equitable principles of trade as turnover was estimated to be $932 restricted by the PHLX’s current FCO well as to protect investors and the billion per day and net global turnover position and exercise limits. In light of public interest. The PHLX believes that was estimated to be $640 billion per the size of the FCO market and the the proposal will increase the depth and day.17 In 1992, total gross global foreign needs of FCO investors and market liquidity of the FCO market which, in exchange turnover was estimated to be makers, the Commission believes that turn, should result in position and $1.354 billion per day, which represents the PHLX’s proposal is a reasonable exercise limit levels that serve the a 35% increase since 1989. Further, effort to accommodate the needs of purposes of protecting investors and the global ‘‘net-net’’ exchange market market participants and to help the public interest as well as preventing turnover was estimated at $880 billion; Exchange remain competitive with the unfair acts and practices, such as this takes into account local and cross- OTC market for FCOs. manipulation. At the same time, the Commission border double counting and estimated The Commission finds that the 18 does not believe that the proposal gaps in reporting. proposed rule change is consistent with significantly increases concerns Further, the PHLX believes that, as a the requirements of the Act and the regarding intermarket manipulations or percentage of total global currency rules and regulations thereunder disruptions of the markets for FCOs or turnover, the impact of a PHLX FCO applicable to a national securities the underlying currencies. The position, even at 200,000 contracts, is exchange and, in particular, the minimal.19 Commission notes that the interbank requirements of Section 6(b)(5).21 foreign currency spot market is an Specifically, the Commission believes 15, 1994) (order approving File No. SR–PHLX–93– extremely large, diverse market that the proposal to increase the 10) (aggregating cash/spot FCOs); and 24859 comprise of banks and other financial (August 27, 1987), 52 FR 33493 (September 3, 1987) 23 (order approving File No. SR–PHLX–87–24) 8% of the daily international currency transaction institutions worldwide. That market is (aggregating European-style contracts). volume in the Swiss franc; and 4% of the daily supplemented by equally deep and 17 See Bank for International Settlements (‘‘BIS’’) international currency transaction volume in the liquid markets for standardized options Central Bank Survey of Foreign Exchange Market Japanese yen. See Letter from Gerald D. O’Connell, and futures on foreign currencies and Activity in 1989. First Vice President, Market Regulation and Trading options on those futures. An active OTC 18 See BIS Central Bank Survey of Foreign Operations, PHLX, to Yvonne Fraticelli, Attorney, Exchange Market Activity in April 1992 (March Office of Market Supervision, Division of Market market also exists in FCOs. 1993). Regulation, Commission, dated May 18, 1995. Moreover, the absence of discernible 19 According to the PHLX, 200,000 contracts 20 In 1985, the first increase from 10,000 contracts manipulative problems under the would represent less than 2% of the daily to 25,000 contracts represented a 150% change current FCO position and exercise limits international currency transaction volume in the while the second increase from 25,000 to 50,000 Deutsche mark; 22% of the daily international contracts represented a 100% increase; similarly, leads the Commission to conclude that currency transaction volume in the Australian the 1986 change to 100,000 contracts represented a dollar; 5% of the daily international currency 100% change. The proposed changes, from 150,000 22 See Securities Exchange Act Release Nos. transaction volume in the British pound; 16% of the to 200,000 contracts, and from 100,000 to 200,000 22479 and 34712, supra note 10. daily international currency transaction volume in contracts, represent changes of 33% and 100%, 23 See Securities Exchange Act Release No. 31627 the Canadian dollar; 19% of the daily international respectively. (December 21, 1992), 57 FR 62399 (December 30, 21 currency transaction volume in the French franc; 15 U.S.C. § 78f(b)(5) (1988 & Supp. V 1993). 1992) (order approving File No. SR–Amex–92–36). 2860 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices the proposed increase is warranted. The Solicitation of Comments HEARING OR NOTIFICATION OF HEARING: An Commission recognizes, as it has stated Interested persons are invited to order granting the application will be in the past, that there are no ideal limits submit written data, views and issued unless the SEC orders a hearing. in the sense that options positions of arguments concerning Amendment No. Interested persons may request a any given size can be stated 3. Persons making written submissions hearing by writing to the Secretary of conclusively to be free of any should file six copies thereof with the the SEC and serving Applicant with a manipulative concerns.24 The PHLX Secretary, Securities and Exchange copy of the request, personally or by and the Commission, however, have Commission, 450 Fifth Street, N.W., mail. Hearing requests should be relied largely on the absence of Washington, D.C. 20549. Copies of the received by the SEC by 5:30 p.m. on discernible manipulation or disruption submission, all subsequent February 16, 1996, and should be problems under the current limit as an amendments, all written statements accompanied by proof of service on indicator that additional increase can be with respect to the proposed rule Applicant in the form of an affidavit or, safely considered. The Commission change that are filed with the for lawyers, a certificate of service. believes for these reasons that the Commission, and all written Hearing requests should state the nature proposed liberalization of existing FCO communications relating to the of the writer’s interest, the reason for the position and exercise limits is proposed rule change between the request, and the issues contested. Persons who wish to be notified of a appropriate.25 Commission and any person, other than those that may be withheld from the hearing may request notification by In addition, the Commission believes writing to the Secretary of the SEC. that the PHLX’s surveillance programs public in accordance with the provisions of 5 U.S.C. 552, will be ADDRESSES: Secretary, SEC, 450 Fifth will be adequate to detect and deter available for inspection and copying at Street, NW., Washington, DC 20549; position and exercise limit violations by the Commission’s Public Reference Applicant, 20 Washington Avenue market participants as well as detect Section, 450 Fifth Street, N.W., South, Minneapolis, Minnesota 55401. and deter attempted manipulative Washington, D.C. Copies of such filing FOR FURTHER INFORMATION CONTACT: activity and other trading abuses. will also be available for inspection and Joseph G. Mari, Senior Special Counsel, The Commission finds good cause for copying at the principal office of the or Patrice M. Pitts, Special Counsel, approving Amendment No. 3 to the above-mentioned self-regulatory Division of Investment Management proposed rule change prior to the organization. All submissions should (Office of Insurance Products), at (202) thirtieth day after the date of refer to the file number in the caption 942–0670. publication of the notice thereof in the above and should be submitted by SUPPLEMENTARY INFORMATION: Following Federal Register. Specifically, February 8, 1996. is a summary of the application. The Amendment No. 3 clarifies the It is therefore ordered, pursuant to complete application is available for a Exchange’s proposal by indicating that Section 19(b)(2) of the Act,26 that the fee from the Pubic Reference Branch of the proposed rule change does not alter proposed rule change (SR–PHLX–95– the SEC. the aggregation principles contained in 13), as amended, is approved. Applicant’s Representations PHLX Rule 1001. In addition, For the Commission, by the Division of Amendment No. 3 provides that the Market Regulation, pursuant to delegated 1. Select Capital is organized as a authority.27 position and exercise limits for options Minnesota corporation, and is registered on the Italian lira and the Spanish Margaret H. McFarland, under the 1940 Act as an open-end peseta will continue to be 100,000 Deputy Secretary. diversified management investment contracts. This clarification was [FR Doc. 96–1471 Filed 1–26–96; 8:45 am] company. On December 28, 1970,1 necessary because at the time the BILLING CODE 8010±01±M Applicant filed a registration statement proposal was originally submitted the under Section 8(b) of the 1940 Act, and a registration statement on Form S–5 PHLX did not have approval to trade [Rel. No. IC±21693; File No. 811±2155] those FCOs. In addition, the under the Securities Act of 1933 Commission believes that the 100,000 Select Capital Growth Fund, Inc. registering an unlimited number of contract limit for options on the Italian shares of common stock, having no lira and the Spanish peseta should January 22, 1996. designated par value (File No. 2–39128). remain unchanged at this time because AGENCY: U.S. Securities and Exchange The Form S–5 registration statement the PHLX trades only customized Commission (‘‘SEC’’). became effective on August 13, 1971, options on those currencies and the ACTION: Notice of application for an and the initial public offering market for those currencies may not be order under the Investment Company commenced on August 16, 1971. as deep and liquid as the market for Act of 1940 (the ‘‘1940 Act’’). 2. Applicant’s only security holders other FCOs traded by the PHLX. Based were Northwestern National Life Insurance Company (‘‘NWNL’’) and sub- on the above, the Commission finds APPLICANT: Select Capital Growth Fund, accounts of NWNL Select Variable good cause to accelerate approval of Inc. (‘‘Select Capital’’). Account and Select*Life Variable Amendment No. 3. RELEVANT 1940 ACT SECTION: Order requested under Section 8(f) of the 1940 Account (the ‘‘Variable Accounts’’). 3. On November 1, 1994, Applicant’s 24 Act. See Securities Exchange Act Release No. 33288 board of directors unanimously (i) (December 3, 1993), 58 FR 65221 (December 13, SUMMARY OF APPLICATION: Application approved the substitution of shares of 1993) (order approving File No. SR–PHLX–93–07). seeks an order declaring that it has 25 the Growth Portfolio of the Variable The Commission continues to believe that ceased to be an investment company. proposals to increase position and exercise limits Insurance Products Fund (the ‘‘Fidelity must be justified and evaluated separately. After FILING DATE: The application was filed Growth Portfolio’’) for shares of reviewing the proposed exercise limits, the on September 19, 1995. Commission has concluded that the exercise limit Applicant held by the Variable increase does not raise manipulation problems or increase concerns over market disruption in the 26 15 U.S.C. § 78s(b)(2) (1982). 1 This date is derived from the SEC’s underlying currencies. 27 17 CFR 200.30–3(a)(12) (1995). computerized data retrieval system. Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2861

Accounts (the ‘‘Substitution’’), and (ii) Minnesota to terminate its existence as Applicant’s Representations resolved that, contingent on shareholder a Minnesota corporation. 1. Select Managed is organized as a approval of the Substitution and receipt For the Commission, by the Division of Minnesota corporation, and is registered of approval of the Substitution by the Investment Management, pursuant to under the 1940 Act as an open-end SEC, Applicant be liquidated and delegated authority. diversified management investment dissolved pursuant to Minnesota law. Margaret H. McFarland, company. On October 9, 1985,1 On December 21, 1994, the beneficial Deputy Secretary. Applicant filed a registration statement owners of the shares of common stock [FR Doc. 96–1477 Filed 1–26–96; 8:45 am] under Section 8(b) of the 1940 Act, and of Applicant approved the Substitution. BILLING CODE 8010±01±M a registration statement on Form N–1A On December 21, 1994, NWNL under the Securities Act of 1933 approved a plan of liquidation and registering an unlimited number of dissolution (the ‘‘Plan’’) for Applicant. [Rel. No. IC±21694; File No. 811±4487] shares of common stock, having no 4. On May 1, 1995, pursuant to an designated par value (File No. 33–765). SEC staff no-action position letter, dated Select Managed Fund, Inc. The Form N–1A registration statement April 10, 1995 (Ref. No. IP–1–95), shares became effective and the initial public of Applicant held by the Variable January 22, 1996. offering commenced on March 3, 1986. Accounts where redeemed by NWNL, AGENCY: U.S. Securities and Exchange 2. Applicant’s only security holders leaving NWNL as the sole security Commission (‘‘SEC’’). were Northwestern National Life holder of Applicant. The proceeds of ACTION: Notice of application for an Insurance Company (‘‘NWNL’’) and sub- that redemption were used to purchase accounts of NWNL Select Variable shares of the Growth Portfolio. On May order under the Investment Company Act of 1940 (the ‘‘1940 Act’’). Account and Select*Life Variable 23, 1995, NWNL, as the sole security Account (the ‘‘Variable Accounts’’). holder of Applicant, approved a APPLICANT: Select Managed Fund, Inc. 3. On November 1, 1994, Applicant’s proposal to liquidate and dissolve (‘‘Select Managed’’). board of directors unanimously (i) Applicant pursuant to the Plan. RELEVANT 1940 ACT SECTION: Order approved the substitution of shares of Applicant completed its liquidation and the Growth Portfolio of the Variable distributed its remaining assets ($100) to requested under Section 8(f) of the 1940 Act. Insurance Products Fund (the ‘‘Fidelity NWNL on May 24, 1995. Growth Portfolio’’) for shares of SUMMARY OF APPLICATION: Applicant 5. Applicant has no assets or security Applicant held by the Variable seeks an order declaring that it has holders. Applicant is not a party to any Accounts (the ‘‘Substitution’’), and (ii) ceased to be an investment company. litigation or administrative proceeding resolved that, contingent on shareholder and is not now engaged, nor does it FILING DATE: The application was filed approval of the Substitution and receipt intend to engage, in any business on September 19, 1995. of approval of the Substitution by the activities other than those necessary for HEARING OR NOTIFICATION OF HEARING: An SEC, Applicant be liquidated and the winding-up of its affairs. order granting the application will be dissolved pursuant to Minnesota law. 6. Applicant has not, within the past issued unless the SEC orders a hearing. On December 21, 1994, the beneficial 18 months, transferred any of its assets Interested persons may request a owners of the shares of common stock to a separate trust, the beneficiaries of hearing by writing to the Secretary of of Applicant approved the Substitution. which were or are security holders the SEC and serving Applicant with a On December 21, 1994, NWNL Applicant. copy of the request, personally or by approved a plan of liquidation and 7. The only outstanding debts mail. Hearing requests should be dissolution (the ‘‘Plan’’) for Applicant. Applicant, for which Applicant has not received by the SEC by 5:30 p.m. on 4. On May 1 1995, pursuant to an SEC received final invoices, are February 16, 1996, and should be staff no-action position letter, dated approximately $15,000 in 1994 audit accompanied by proof of service on April 10, 1995 (Ref. No. IP–1–95), shares fees and fees for tax preparation Applicant in the form of an affidavit or, of Applicant held by the Variable services. Northstar Investment for lawyers, a certificate of service. Accounts were redeemed by NWNL, Management Corporation (‘‘Northstar’’), Hearing requests should state the nature leaving NWNL as the sole security Applicant’s investment adviser, has of the writers interest, the reason for the holder of Applicant. The proceeds of agreed to pay these fees on behalf of request, and the issues contested. that redemption were used to purchase Applicant, pursuant to the Persons who wish to be notified of a shares of the Asset Manager Portfolio of reimbursement arrangement contained hearing may request notification by the Variable Insurance Products Fund II. in the investment advisory agreement writing to the Secretary of the SEC. On May 23, 1995, NWNL, as the sole between Applicant and Northstar. ADDRESSES: Secretary, SEC, 450 Fifth security holder of Applicant, approved 8. The only expenses associated with Street, NW., Washington, DC 20549; a proposal to liquidate and dissolve the liquidation of Applicant are Applicant, 20 Washington Avenue Applicant pursuant to the Plan. brokerage commissions, legal and fund South, Minneapolis, Minnesota 55401. Applicant completed its liquidation and accounting services fees, and certain distributed its remaining assets ($100) to FOR FURTHER INFORMATION CONTACT: filing fees. These fees are expected to NWNL on May 24, 1995. aggregate approximately $10,000, Joseph G. Mari, Senior Special Counsel, 5. Applicant has no assets or security $2,500, and $70, respectively. NWNL or Patrice M. Pitts, Special Counsel, holders. Applicant is not a party to any and Northstar will pay all such Division of Investment Management litigation or administrative proceeding expenses. (Office of Insurance Products), at (202) and is not now engaged, nor does it 9. Applicant represents that it will 942–0670. intend to engage, in any business continue to file all reports required by SUPPLEMENTARY INFORMATION: Following activities other than those necessary for Rules 30a–1 and 30b–1 under the 1940 is a summary of the application. The the winding-up of its affairs. Act until the requested order is granted. complete application is available for a 10. Applicant intends to file Articles fee from the Public Reference Branch of 1 This date is derived from the SEC’s of Dissolution with the State of the SEC. computerized data retrieval system. 2862 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

6. Applicant has not, within the past Information on the Application United Kingdom and dependent 18 months, transferred any of its assets Procedures for the 55,000 Immigrant territories (except Hong Kong and to a separate trust, the beneficiaries of Visas To Be Made Available in the DV Northern Ireland), which were or are security holders of Category During Fiscal Year 1997. Canada, Applicant. Sections 201(a)(3), 201(e), 203(c) and Mexico, 7. The only outstanding debts of 204(a)(1)(G) of the Immigration and Jamaica, Applicant, for which Applicant has not Nationality Act, as amended, taken El Salvador, received final invoices, are together establish, effective for Fiscal Colombia, and approximately $15,000 in 1994 audit Year 1997 and thereafter, an annual The Dominican Republic. fees and fees for tax preparation numerical limitation of 55,000 for Natives of Hong Kong and Northern services. Northstar Investment diversity immigrant visas to persons Ireland are eligible to apply for this Management Corporation (‘‘Northstar’’), from countries that have low rates of year’s lottery. Applicant’s investment adviser, has immigration to the United States. The What are the Requirements? agreed to pay these fees on behalf of DV–97 registration mail-in period will In addition to being born in a Applicant, pursuant to the last one month and will be held from qualifying country, applicants must reimbursement arrangement contained February 12, 1996 to March 12, 1996. have either a high school education or in the investment advisory agreement This will give those eligible, both in the its equivalent, or within the past five between Applicant and Northstar. United States and overseas, ample time years have two years of work experience 8. The only expenses associated with to mail in an entry. the liquidation of Applicant are in an occupation that requires at least brokerage commissions, legal and fund How Are the Visas Being Apportioned? two years of training or experience. There is no initial application fee or accounting services fees, and certain The visas will be apportioned among special application form to enter. The filing fees. These fees are expected to six geographic regions. A greater entry must be typed or clearly printed aggregate approximately $10,000, number of visas will go to those regions in the English alphabet on a sheet of $2,500, and $70, respectively. NWNL that have lower immigration rates. plain paper, MUST BE SIGNED BY THE and Northstar will pay all such There is, however, a limit of seven APPLICANT, and should include the expenses. percent or 3,850 on the use of visas by following: 9. Applicant represents that it will natives of any one foreign state. The 1. Applicant’s Full Name: continue to file all reports required by regions along with their Fiscal Year Rules 30a–1 and 30b–1 under the 1940 1997 allotments are: Last Name, First Name and Middle Act until the requested order is granted. Africa: (20,623) Includes all countries Name 10. Applicant intends to file Articles (Underline Last Name/Surname/Family on the continent of Africa and adjacent of Dissolution with the State of Name) Minnesota to terminate its existence as islands. Example: Public, George Quincy. Asia: (7,187) Extends from Israel to all a Minnesota corporation. 2. Applicant’s Date and Place of Birth: North Pacific Islands, including For the Commission, by the Division of Indonesia. Date of birth: Day, Month, Year Investment Management, pursuant to Europe: (23,910) Extends from Example: 15 November 1961 delegated authority. Place of birth: City/Town, District/ Greenland to Russia and includes all Margaret H. McFarland, County/Province, Country countries of the former Soviet Union. Example: Munich, Bavaria, Germany Deputy Secretary. North America: (8) Includes only one [FR Doc. 96–1478 Filed 1–26–96; 8:45 am] qualified country this year, The 3. Name, Date and Place of Birth of BILLING CODE 8010±01±M Bahamas. Applicant’s Spouse and Minor Children, Oceania: (817) Includes Australia, if any: The spouse and child(ren) of an New Zealand, Papua New Guinea, and applicant who is registered for DV–97 DEPARTMENT OF STATE all countries and islands in the South status are automatically entitled to the Pacific. [Public Notice 2320] same status. To obtain a visa on the South America: (2,455) Includes basis of this derivative status, a child Bureau of Consular Affairs; Central America, Mexico and the must be under 21 years of age and Registration for the Diversity Caribbean countries. unmarried. NOTE: DO NOT list parents Immigrant (DV±97) Visa Program Who Is Eligible? as they are not entitled to derivative ACTION: Notice of registration for the Individuals born in countries that status. 4. Applicant’s Mailing Address, and third year of the Diversity Immigrant have significant numbers of immigrants phone number, if possible: Visa Program. to the United States are considered The mailing address must be clear ‘‘high admission’’ and are not eligible This public notice provides and complete, since it will be to that for the program. ‘‘High admission’’ information on the application address that the notification letter for countries are defined as those from procedures for the 55,000 immigrant the persons who are registered will be which the United States has received visas to be made available in the DV sent. A telephone number is optional. category during Fiscal Year 1997. This 50,000 or more immigrants during the 5. Applicant’s Native Country if notice is issued pursuant to 22 CFR last five years in the immediate relative, Different from Country of Birth 42.33 which implements sections or family or employment preference 6. Applicant’s Signature is Required 201(a)(3), 201(e), 203(c) and 204(a)(1)(G) categories. For 1997, ‘‘high admission’’ on the Application of the Immigration and Nationality Act, countries are: 7. A Recent 11⁄2 Inch by 11⁄2 Inch as amended, (8 U.S.C. 1151, 1153, and China (mainland and Taiwan), Photograph of the Applicant: The 1154). The Department published India, applicant’s name must be printed across regulations related to this Notice in the The Philippines, the back of the photograph. Federal Register on January 22, 1996. Vietnam, This information must be sent by [61 FR 1523.] South Korea, regular mail to one of six postal Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2863 addresses in Portsmouth, New improve an applicant’s odds would be technology into the national Hampshire. Applicants must use the promising something it cannot deliver. transportation system. correct postal zip code designated for Persons who think they have been The committee was terminated after their native region (see addresses cheated by a U.S. company or submission of its report to Congress on below). Entries must be mailed in a consultant in connection with the December 29, 1995, and its continuation regular letter or business-size envelope Diversity Visa Lottery may wish to is no longer in the public interest in with the applicant’s native country, full contact their local consumer affairs connection with the performance of name, mailing address, and country of office or the National Fraud Information FAA by law. residence typed or clearly printed in the Center at 1–800–876–7060. The U.S. FOR FURTHER INFORMATION CONTACT: English alphabet in the upper left-hand Department of State has no authority to Robert Smith, (AND–610), Office of corner of the envelope. Postcards are not investigate complaints against Communications, Navigation and acceptable. businesses in the United States. Surveillance systems, 800 Independence Only one entry for each applicant may How Will Winners Be Notified? Avenue, SW., Washington, DC 20591, be submitted during the registration telephone 202–267–3783. period. Duplicate or multiple entries Only successful registrants will be notified by mail at the address listed on Issued in Washington, DC, on January 19, will disqualify individuals from 1996. registration for this program. Entries their entry. The notifications will be Robert D. Smith, received before or after the specified sent to the winners no later than July 1, registration dates regardless of when 1996 along with instructions on how to Designated Federal Official, Civil Tiltrotor Development Advisory Committee. they are postmarked and entries sent to apply for an immigrant visa. Applicants an address other than one of those must meet all eligibility requirements [FR Doc. 96–1444 Filed 1–26–96; 8:45 am] indicated below are void. All mail under U.S. law to be issued a visa. BILLING CODE 4910±13±M received during the registration period Being selected as a winner in the DV will be individually numbered and Lottery does not automatically Notice of Intent To Rule on Application entries will be selected at random by guarantee being issued a visa because To Use the Revenue From a Passenger computer regardless of time of receipt the number of applications selected is Facility Charge (PFC) at Nashville during the mail-in period. greater than the number of immigrant visas available. Those selected will, International Airport, Nashville, TN Where Should Entries Be Sent? therefore, need to act on their immigrant AGENCY: Federal Aviation Note Carefully the Importance of visa applications quickly. Once the total Administration (FAA), DOT. 55,000 visas have been issued, the DV Using the Correct Postal ZIP Code for ACTION: Notice of intent to rule on Program for Fiscal Year 1997 will end. Each Region. application. Asia: DV–97 Program, National Visa A visa lottery hotline has been set up Center, Portsmouth, NH 00210, USA. to provide additional information on the SUMMARY: The FAA proposes to rule and South America: DV–97 Program, DV–97 Program. The 24-hour number is invites public comment on the National Visa Center, Portsmouth, NH (202) 663–1600. Printed information application to use the revenue from a 00211, USA. will also be available by FAX by dialing PFC at Nashville International Airport Europe: DV–97 Program, National (202) 647–3000 (Code 1103) from a FAX under the provisions of the Aviation Visa Center, Portsmouth, NH 00212, phone, or may be obtained from U.S. Safety and Capacity Expansion Act of USA. Embassies and Consulates overseas. 1990 (Title IX of the Omnibus Budget Africa: DV–97 Program, National Visa Dated: January 17, 1996. Reconciliation Act of 1990) (Public Law Center, Portsmouth, NH 00213, USA. Mary A. Ryan, 101–508) and Part 158 of the Federal Oceania: DV–97 Program, National Aviation Regulations (14 CFR Part 158). Visa Center, Portsmouth, NH 00214, Assistant Secretary for Consular Affairs. DATES: USA. [FR Doc. 96–1224 Filed 1–26–96; 8:45 am] Comments must be received on North America: DV–97 Program, BILLING CODE 4710±06±P or before February 28, 1996. National Visa Center, Portsmouth, NH ADDRESSES: Comments on this 00215, USA. application may be mailed or delivered DEPARTMENT OF TRANSPORTATION in triplicate to the FAA at the following Is It Necessary To Use an Outside address: Memphis Airports District Attorney or Consultant? Federal Aviation Administration Office, 2851 Directors Cove, Suite #3, The decision to hire an attorney or Memphis, TN 38131–0301. consultant is entirely up to the Civil Tiltrotor Development Advisory In addition, one copy of any applicant. Procedures for entering the Committee Termination comments submitted to the FAA must Diversity Lottery can be completed AGENCY: Federal Aviation be mailed or delivered to General without assistance following simple Administration (FAA), DOT. William G. Moore, Jr., President of the Metropolitan Nashville Airport instructions. However, if applicants ACTION: Notice of Civil Tiltrotor prefer to use outside assistance, that is Development Advisory Committee Authority at the following address: their choice. There are many legitimate Termination. Metropolitan Nashville Airport attorneys and immigration consultants Authority, One Terminal Drive, Suite assisting applicants for reasonable fees, SUMMARY: Notice is hereby given of the 501, Nashville, Tennessee 37214–4114. or in some cases for free. Unfortunately, termination of the Civil Tiltrotor Air carriers and foreign air carriers there are other persons who are charging Development Advisory Committee. The may submit copies of written comments exorbitant rates and making unrealistic committee was established to evaluate previously provided to the Metropolitan claims. The selection of winners is the technical feasibility and economic Nashville Airport Authority under made at random and no outside service viability of developing civil tiltrotor section 158.23 of Part 158. can improve an applicant’s chances of aircraft and a national system of FOR FURTHER INFORMATION CONTACT: being chosen or guarantee an entry will infrastructure to support the Mr. Charles L. Harris, Planner, Memphis win. Any service that claims it can incorporation of tiltrotor aircraft Airports District Office, 2851 Directors 2864 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

Cove, Suite 3, Memphis, Tennessee Notice of Availability of Scoping Paper or feasible alternatives to the proposed 38131–0301; telephone number 901– for Environmental Impact Statement, action. 544–3495. The application may be Proposed Terminal Doppler Weather Copies of the Scoping Paper are reviewed in person at this location. Radar To Serve John F. Kennedy available upon request to the FAA or International and La Guardia Airports may be obtained at the scoping SUPPLEMENTARY INFORMATION: The FAA meetings. Written requests for copies of proposes to rule and invites public AGENCY: Federal Aviation the Scoping Paper and written comment on the application to use the Administration (FAA), DOT. comments on the Scoping Paper should revenue from a PFC at Nashville ACTION: Notice of availability. be addressed to FAA as follows: Federal International Airport under provisions Aviation Administration, Office of the of the Aviation Safety and Capacity SUMMARY: The FAA announces the Chief Counsel, Attention: Docket (AGC– Expansion Act of 1990 (Title IX of the availability of a Scoping Paper for the 200) Docket No. 28365, 800 Omnibus Budget Reconciliation Act of Environmental Impact Statement (EIS) Independence Avenue, SW., 1990) (Public Law 101–508) and Part for Terminal Doppler Weather Radar Washington, DC 20591. 158 of the Federal Aviation Regulations (TDWR) to serve John F. Kennedy (14 CFR Part 158). FOR FURTHER INFORMATION CONTACT: International and La Guardia Airports. Jerome D. Schwartz, Environmental On January 19, 1996, the FAA In accordance with requirements of the Specialist, Federal Aviation determined that the application to use National Environmental Policy Act of Administration, Wind Shear Products the revenue from a PFC submitted by 1969, as amended, (NEPA), 42 U.S.C. Team, AND–420, 800 Independence the Metropolitan Nashville Airport 4332(2)(C), the FAA is conducting a Avenue, SW., Washington, DC 20591, Authority was substantially complete scoping process to determine the issues telephone (202) 358–4946. within the requirements of section and alternatives to be analyzed in this 158.25 of Part 158. The FAA will EIS. The Scoping Paper outlines Issued in Washington, DC on January 23, 1996. approve or disapprove the application, objectives and procedures of the scoping in whole or in part, no later than April process and technical issues to be Loni Czekalski, 18, 1996. addressed in the EIS. Copies of the Director of Communications, Navigation, and Scoping Paper are available upon Surveillance Systems, AND–1. The following is a brief overview of [FR Doc. 96–1536 Filed 1–26–96; 8:45 am] the application. request to the FAA. BILLING CODE 4910±13±M SUPPLEMENTARY INFORMATION: The FAA PFC application number: 96–02–U–00– announces the availability of a Scoping BNA Paper for the Environmental Impact Notice of Public Scoping Meetings for Level of the PFC: $3.00 Statement (EIS) for Terminal Doppler Environmental Impact Statement, Actual charge effective date: January 1, Weather Radar (TDWR) to serve John F. Proposed Terminal Doppler Weather 1993 Kennedy International and La Guardia Radar To Serve John F. Kennedy Airports. In accordance with Estimated charge expiration date: International and La Guardia Airports requirements of the National December 1, 2001 Environmental Policy Act of 1969, as AGENCY: Federal Aviation Total estimated PFC revenue: amended, (NEPA), 42 U.S.C. 4332(2)(C), Administration (FAA), DOT. $99,443,000 the FAA is conducting a scoping ACTION: Notice of meetings. Total amount of use approval requested process to determine the issues and in this application: $11,713,300 alternatives to be analyzed in this EIS. SUMMARY: In accordance with The Scoping Paper covers the requirements of the National Brief description of proposed project(s): Environmental Policy Act of 1969, as Construct Concourse Connector— objectives of the scoping process, procedures to be followed by the FAA amended, (NEPA), 42 U.S.C. 4332(2)(C), Construct International Arrivals the FAA is preparing an Environmental Building during the scoping process, planned times and locations of public scoping Impact Statement (EIS) for Terminal Class or classes of air carriers which the meetings, the proposed action and Doppler Weather Radar (TDWR) to serve public agency has requested not be alternatives to be addressed in the EIS John F. Kennedy International and La required to collect PFCs: Part 135 (air and anticipated environmental issues. Guardia Airports. The FAA will conduct taxi) operators. The Scoping Paper also lists the EIS scoping meetings to obtain public Any person may inspect the core team members and agencies likely comments on the issues and alternatives application in person at the FAA office to participate in the EIS process, and to be analyzed in this EIS. Meetings will listed above under FOR FURTHER includes a draft outline for the EIS. be held during March 5–7, 1996, at INFORMATION CONTACT. Comments from interested parties on various locations in Brooklyn and the scope of the EIS and the contents of Queens, New York, and will be open to In addition, any person may, upon the Scoping Paper are encouraged and all interested parties. request, inspect the application, notice may be submitted to the FAA in writing SUPPLEMENTARY INFORMATION: In and other documents germane to the to the address given below or presented accordance with requirements of the application in person at the verbally at the scoping meetings. Times National Environmental Policy Act of Metropolitan Nashville Airport and locations of the scoping meetings 1969, as amended, (NEPA), 42 U.S.C. Authority. are given in the Scoping Paper. Written 4332(2)(C), the FAA is conducting a Issued in Memphis, Tennessee, on January comments must be received by April 2, scoping process to determine the issues 19, 1996. 1996. Comments should discuss and alternatives to be analyzed in Wayne R. Miles, environmental concerns and issues Environmental Impact Statement (EIS) Assistant Manager, Memphis Airports District related to the proposed action, for Terminal Doppler Weather Radar Office. suggested analyses and methodologies (TDWR) to serve John F. Kennedy [FR Doc. 96–1439 Filed 1–26–96; 8:45 am] for inclusion in the EIS, possible International and La Guardia Airports. BILLING CODE 4910±13±M sources of relevant data or information, The FAA intends to conduct four public Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2865 scoping meetings for this EIS at the report pursuant to 49 CFR part 573, not likely to be confused with anything other times and locations listed under the ‘‘Defect and Noncompliance Reports.’’ than the hazard flashers. Since the flashers heading DATES AND LOCATIONS. Sign GM also applied to be exempted from will be activated while the unintended interpretation can be made available at the notification and remedy condition occurs, but the brake lamps will not be, this will not present a safety risk. a meeting if requested 10 calendar days requirements of 49 U.S.C. Chapter 301— The CHMSL otherwise meets all of the before the specific meeting at which the ‘‘Motor Vehicle Safety’’— on the basis requirements of FMVSS 108. service is required. that the noncompliance is In a 1989 interpretation, NHTSA discussed Comments from interested parties on inconsequential to motor vehicle safety. the difference between the requirements that the scope of the EIS are encouraged and Notice of receipt of the application stop lamps be steady-burning and hazard should be submitted to the FAA in was published on July 26, 1995, and an warning lights flash. NHTSA explained: writing or presented verbally at the opportunity afforded for comment (60 Standard No. 108 requires stop lamps to be scoping meetings. Written comments FR 38392). steady-burning, and hazard warning signal must be received by April 2, 1996. Paragraph S5.5.10(d) of FMVSS No. lamps to flash (generally through the turn Comments should discuss signal lamps). The primary reason for the 108 requires that ‘‘all other lamps [not distinction is that the stop lamps are environmental concerns and issues mentioned in Paragraphs S5.5.10(a–c) intended to be operated while the vehicle is related to the proposed action, which includes all stop lamps such as in motion, while hazard warning lamps are suggested analyses and methodologies center high-mounted stop lamps intended to indicate that the vehicle is for inclusion in the EIS, possible (CHMSLs)] shall be wired to be steady- stopped. Each lamp is intended to convey a sources of relevant data or information burning.’’ single, easily recognizable signal. If a lamp or feasible alternatives to the proposed During the 1995 model year, GM which is ordinarily steady burning begins to action. Submit written comments to manufactured a total of 96,607 GMC and flash, the agency is concerned that the signal Federal Aviation Administration, Office Chevrolet Suburban, GMC Yukon, and will prove confusing to motorists, thereby diluting the effectiveness. of the Chief Counsel, Attention: Docket Chevrolet Tahoe vehicles with CHMSLs (AGC–200), Docket No. 28365, 800 that were inadvertently wired in a August 8, 1989 letter from S.P. Wood, Acting Chief Counsel, NHTSA, to L.P. Egley Independence Avenue, SW., manner which permits the CHMSLs to Washington DC 20591. momentarily flash under certain While this condition technically causes a lamp which is ordinarily steady burning to DATES AND LOCATIONS: March 5, 1996, 7– conditions while the driver is in the # begin to flash, it will not likely ‘‘prove 10 p.m., Travel Lodge, Building 144, process of activating or deactivating the confusing to motorists, thereby diluting its JFK International Airport, Jamaica, NY, hazard flashers. As a result, they do not effectiveness,’’ because it will not occur if the 11430; March 6, 1996, 9 a.m.–12 noon meet the requirement of Paragraph service brakes are applied. Even if the and 7 p.m.–10 p.m., Kingsborough S5.5.10(d) that they be ‘‘wired to be condition were mistaken for a brake signal Community College, 2001 Oriental steady-burning.’’ While GM designed (which is doubtful since CHMSLs do not Avenue, Brooklyn, NY, 11235; March 7, the vehicles to meet this requirement, it flash with brake lamp activation), the 1996, 7 p.m.–10 p.m., Ramada Inn, 90– subsequently discovered a transient following driver would not likely react to it. 10 Grand Central Parkway, East contact condition inside the multi- According to recent research studies conducted by GM, as well as field data, it Elmhurst, NY 11369. function (stop lamp, CHMSL, turn takes a following driver at least 0.5 seconds FOR FURTHER INFORMATION CONTACT: signal, and hazard flasher) switch which to react to a signal and apply the service Jerome D. Schwartz, Environmental occasionally causes the CHMSL to flash brakes once [a] preceding vehicle’s brake Specialist, Federal Aviation while the driver is in the process of lamps are activated. Given the extremely Administration, Wind Shear Products turning the hazard flasher switch ‘‘on’’ short duration of the transient CHMSL Team, AND–420, 800 Independence or ‘‘off.’’ The error was corrected in condition, the misinterpreted signal would Avenue, SW., Washington DC 20591, production in March 1995 by adding a be gone long before the following driver telephone (202) 358–4946. brake lamp relay to the I/P harness to could respond. provide isolation from the multi- Hazard flashers are not frequently used. Issued in Washington, DC, on January 23, Thus, the exposure of following drivers to the 1996. function switch transient. noncompliant condition would be very GM supported its application for Loni Czekalski, limited. This is particularly true because of inconsequential noncompliance with Director of Communications, Navigation, and the transient nature of the condition, its short Surveillance Systems, AND–1. the following: duration, and the fact that it will not occur at all if the service brakes are applied or the [FR Doc. 96–1535 Filed 1–26–96; 8:45 am] The CHMSL performs properly at all times when the service brakes are applied. The vehicle’s ignition is off. BILLING CODE 4910±13±M transient condition will not occur if the GM is not aware of any accidents, injuries, service brakes are applied when the driver owner complaints, or field reports related to activates or deactivates the hazard flasher this condition. National Highway Traffic Safety switch. Therefore, the CHMSL will not flash Administration No comments were received on the when it is required to be steady-burning. The application. [Docket No. 95±57; Notice 2] CHMSL will not flash if the ignition switch is in the ‘‘off’’ position. Thus, the condition GM states that ‘‘[t]he entire will not occur if the hazard flashers are unintended event, in its worst case, lasts General Motors Corp.; Grant of 1 Application for Decision of turned ‘‘off’’ or ‘‘on’’ when the ignition is off no more than 125.8 ms.’’ This is ⁄8th of Inconsequential Noncompliance and the vehicle is parked at the side of the a second. As GM further stated, road, for example. according its research studies and field General Motors Corporation (GM) of If the CHMSL flashes at all, it will data, it takes a following driver at least Warren, Michigan, determined that illuminate a maximum of three times during half a second to react to a signal and to some of its vehicles failed to comply the transient condition, with each pulse apply the service brakes once a lasting 0.5 [millisecond (ms)] to 4.0 ms. The with the requirements of 49 CFR entire unintended event, in its worst case, preceding vehicle’s brakes are activated. 571.108, Federal Motor Vehicle Safety lasts no more than 125.8 ms. This extremely NHTSA finds this a convincing Standard (FMVSS) No. 108, ‘‘Lamps, short duration is likely to go entirely argument that the transient activation of Reflective Devices, and Associated unnoticed by following drivers in many the CHMSL, a false signal, is highly Equipment,’’ and filed an appropriate instances. In the event that it is noticed, it is unlikely to mislead a following driver 2866 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices into applying the service brakes when According to its application for car’’, a process which is being evaluated there is no need to do so. renewal: by other manufacturers and which In consideration of the foregoing, it is Panoz has continued the process of ‘‘results in the reduction of overall hereby found that the applicant has met researching and developing the installation vehicle weight, improved fuel its burden of persuasion that the of a driver and passenger side airbag system efficiency, and increased body noncompliance herein described is on the Roadster since the original exemption strength.’’ With the exception of S4.1.4 inconsequential to safety. Accordingly, petition was submitted to NHTSA on April of Standard No. 208, the Roadster meets the applicant is hereby exempted from 5, 1993. To date, an estimated 1680 man- all other Federal motor vehicle safety its obligations to provide notice of the hours and approximately $50,400 have been standards including the 1997 side noncompliance as required by 49 U.S.C. spent on this project. impact provisions of Standard No. 214. 30118, and to remedy the Panoz uses a 5.0L Ford Mustang GT No comments were received on the noncompliance as required by 49 U.S.C. engine and five speed manual application. 30120. transmission in its car. Because ‘‘the Since its incorporation in 1989, the 49 U.S.C. 30118, 30120; delegations of 1995 model year and associated applicant’s cumulative net loss exceeds authority at 49 CFR 1.50 and 501.8). emission components were revised by $1,600,000. Its estimated cost of Issued on: January 23, 1996. Ford’’, this caused $337,000 for immediate conformance is Barry Felrice, a delay in the implementation of the airbag a convincing hardship argument. In addition, the on-going compliance Associate Administrator for Safety system on the Roadster due to further Performance Standards. research and development time requirements efforts of the company with respect to and expenditure of additional monies to two Ford engine configurations indicate [FR Doc. 96–1505 Filed 1–26–96; 8:45 am] evaluate the effects of these changes on the that the company continues to make a BILLING CODE 4910±59±P airbag adaptation program. good faith effort to comply with In addition, the applicant learned that Standard No. 208. This American-made Ford will be replacing the 5.0L engine vehicle is represented as meeting all [Docket No. 93±37, Notice 4] and emission control system on the remaining Federal motor vehicle safety 1996 Mustang and other passenger cars standards, and will comply with new Panoz Auto Development Co.; Grant of side intrusion requirements in advance Application for Renewal of Temporary with a modular 4.6L engine and associated emission components. The of its effective date. A renewal of the Exemption From Federal Motor Vehicle exemption is merited. Safety Standard No. 208 1995 system does not meet 1996 On- Board Diagnostic emission control In consideration of the foregoing, it is Panoz Auto Development Company of requirements, and Panoz will have to hereby found that to require immediate Hoschton, Ga., applied for a renewal of use the 1996 engine and emission compliance with Standard No. 208 its exemption from paragraph S4.1.4 of control system in its cars. The majority would cause substantial economic Federal Motor Vehicle Safety Standard of the money and man hours to date hardship to a manufacturer that has in No. 208 Occupant Crash Protection. The have been spent on adapting an airbag good faith attempted to meet the basis of the application was that system to the 5.0L engine car, and the standard, and that an exemption would compliance will cause substantial applicant is now concentrating on be in the public interest and consistent economic hardship to a manufacturer adapting it to a 4.6L engine car. Panoz with the objectives of traffic safety. that has tried to comply with the listed eight types of modifications and Accordingly, NHTSA Exemption No. standard in good faith. testing necessary for compliance that 93–5 from paragraph S4.1.4 of 49 CFR Notice of receipt of the application would cost it $337,000 if compliance 571.208 Motor Vehicle Safety Standard was published on October 13, 1995, and were required at the end of a one-year No. 208 Occupant Crash Protection is an opportunity afforded for comment period. It has asked for a two-year hereby extended to expire November 1, (60 FR 53454). This notice grants the renewal of its exemption. 1997. renewal. Panoz sold 13 cars in 1993 and 13 (49 U.S.C. 30113; delegation of authority at Panoz received NHTSA Exemption more in 1994. It did not state its sales 49 CFR 1.50.) No. 93–5 from S4.1.4 of Standard No. to date in 1995. At the time of its Issued on January 23, 1996. 208, which was scheduled to expire original petition, its cumulative net Ricardo Martinez, August 1, 1995 (58 FR 43007). However, losses since incorporation in 1989 were Administrator. its application for renewal was filed on $1,265,176. It lost an additional [FR Doc. 96–1504 Filed 1–26–96; 8:45 am] May 26, 1995, which was more than 60 $249,478 in 1993 and $169,713 in 1994. days before the scheduled expiration The applicant reiterated its original BILLING CODE 4910±59±P date of its exemption. In accordance arguments that an exemption would be with 49 CFR 555.8(e), Panoz’ filing of its in the public interest and consistent Surface Transportation Board application before the 60th day stays the with the objectives of traffic safety. expiration until the Administrator Specifically, the Roadster is built in the [STB Ex Parte No. 526] grants or denies the application for United States and uses 100 percent U.S. renewal. components, bought from Ford and Notice of Establishment of Railroad- Panoz’s original exemption was approximately 75 other companies. It Shipper Transportation Advisory granted pursuant to the representation provides full time employment for 7 Council and Request for that its Roadster would be equipped persons, and ‘‘at least 200 employees Recommendation of Candidates for with a Ford-supplied driver and from over 80 different companies Membership passenger airbag system, and would remain involved in the Panoz project.’’ AGENCY: Surface Transportation Board. comply with Standard No. 208 by April The Roadster is said to ‘‘provide the ACTION: Request For Recommendation of 5, 1995, after estimated expenditures of public with a classic alternative to Candidates For Membership on $472,000. As of April 1993, the current production vehicles.’’ It is the Railroad-Shipper Transportation company had expended 750 man hours only vehicle that incorporates ‘‘molded Advisory Council. and $15,000 on the project. aluminum body panels for the entire Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2867

SUMMARY: As provided by section 726 of annual report concerning its activities for their services and, with regard to the the ICC Termination Act of 1995, Public and recommendations on whatever availability of funding from the Board Law 104–88, 109 Stat. 803, the Railroad- regulatory or legislative relief it for support, the members will be Shipper Transportation Advisory considers appropriate. The Council is required to provide for the expenses Council (Council) is established to not subject to the Federal Advisory incidental to their service, including advise the Chairman of the Surface Committee Act. travel expenses, as the Board has Transportation Board (Board), the Suggestions for candidates for limited appropriations and cannot at Secretary of Transportation, and membership on the Council and this time provide for these expenses. Congressional oversight committees supporting information must be The Council Chairman, however, may with respect to rail transportation policy submitted to the Board by February 13, request funding from the Department of issues of particular importance to small 1996. Suggestions for members of the Transportation to cover travel expenses, shippers and small railroads. To fulfill Council should be submitted in letter subject to certain restrictions in the Act. the duty of the Chairman of the Board form, identifying the name of the The Council also may solicit and use to appoint Council members, this notice candidate and including evidence of the private funding for its activities, again requests recommendations for interests the candidate will represent. subject to certain restrictions in the Act. Council members must be citizens of the membership on the Council from rail Decided: January 23, 1996. carriers and rail shippers. United States and represent as broadly as practicable the various segments of By the Board, Linda J. Morgan, Chairman. DATES: Recommendations for Council Vernon A. Williams, members are due on February 13, 1996. the railroad and rail shipper industries. They may not be full-time employees of Secretary. ADDRESSES: Send recommendations and the United States. The Council will [FR Doc. 96–1537 Filed 1–26–96; 8:45 am] supporting information (an original plus consist of 19 members. Of this number, BILLING CODE 4915±00±P 3 copies) referring to STB Ex Parte No. 15 members will be appointed by the 526, Railroad-Shipper Transportation Chairman of the Board, and the Advisory Council to: Vernon A. remaining four members will be Williams, Secretary, Surface comprised of the Secretary of UNITED STATES INFORMATION Transportation Board, Room 1324, 1201 Transportation and the Members of the AGENCY Constitution Avenue, NW, Washington, Board, who will serve as ex officio, DC 20423. Culturally Significant Objects Imported nonvoting members of the Council. Of For Exhibition; Determination FOR FURTHER INFORMATION CONTACT: the 15 members to be appointed, nine Richard S. Fitzsimmons, (202) 927– members will be the voting members of Notice is hereby given of the 6050. [TDD for the hearing impaired: the Council and be appointed from following determination: Pursuant to (202) 927–5721.] senior executive officers of the authority vested in me by the Act of SUPPLEMENTARY INFORMATION: The organizations engaged in the railroad October 19, 1965 (79 Stat. 985, 22 U.S.C. Railroad-Shipper Transportation and rail shipping industries. At least 2459), Executive Order 12047 of March Advisory Council was established upon four of the voting members must be 27, 1978 (43 FR 13359, March 29, 1978), the enactment of the ICC Termination representatives of small shippers as and Delegation Order No. 85–5 of June Act of 1995 (the Act), on December 29, determined by the Chairman, and at 27, 1985 (50 FR 27393, July 2, 1985), I 1995, to advise the Board’s Chairman, least four of the voting members must be hereby determine that the objects to be the Secretary of Transportation, the representatives of Class II or III included in the exhibit, ‘‘Enamels of Committee on Commerce, Science, and railroads. The remaining six Council Limoges’’ (See list),1 imported for Transportation of the Senate, and the members to be appointed—three abroad for the temporary exhibition Committee on Transportation and representing Class I railroads and three without profit within the United States, Infrastructure of the House of representing large shipper are of cultural significance. These Representatives with respect to rail organizations—will serve in a nonvoting objects are imported pursuant to a loan transportation policy issues the Council advisory capacity, but will be entitled to agreement with the foreign lenders. I considers significant. The Council will participate in Council deliberations. also determine that the temporary focus on issues of importance to small The members of the Council will be exhibition or display of the listed shippers and small railroads, including appointed for a term of 3 years, except exhibit objects at the Metropolitan car supply, rates, competition, and that of the members first appointed, five Museum of Art, New York, NY, on or procedures for addressing claims. The members will be appointed for terms of about March 4, 1996 through June 16, Act directs the Council to develop 1 year, and five members will be 1996, is in the national interest. Public private-sector mechanisms to prevent, appointed for terms of 2 years, as Notice of this determination is ordered or identify and address, obstacles to the designated by the Chairman at the time to be published the Federal Register. most effective and efficient of appointment. A member may serve Dated: January 19, 1996 transportation system practicable. after the expiration of his or her term Les Jin, The Secretary of Transportation and until a successor has taken office. No the Chairman of the Board will member will be eligible to serve in General Counsel. cooperate with the Council in providing excess of two consecutive terms. [FR Doc. 96–1562 Filed 1–26–96; 8:45 am] research, technical, and other The Council will meet at least semi- BILLING CODE 8230±01±M reasonable support. To the extent the annually and hold other meetings at the Council addresses specific grain car call of the Council Chairman. Federal 1 A copy of this list may be obtained by issues, it will coordinate its activities facilities, where available, may be used contracting Mrs. Carol B. Epstein, Assistant General with the National Grain Car Council. for such meetings. The members of the Counsel, at 619–6981, and the address is Room 700, U.S. Information Agency, 301 Fourth Street, S.W., The Council must also prepare an Council shall receive no compensation Washington, D.C. 20547–0001. 2868

Sunshine Act Meetings Federal Register Vol. 61, No. 19

Monday, January 29, 1996

This section of the FEDERAL REGISTER FEDERAL COMMUNICATIONS COMMISSION FEDERAL HOUSING FINANCE BOARD contains notices of meetings published under the ``Government in the Sunshine Act'' (Pub. FCC To Hold Open Commission ``FEDERAL REGISTER'' CITATION OF L. 94-409) 5 U.S.C. 552b(e)(3). Meeting Wednesday, January 31, 1996 PREVIOUS ANNOUNCEMENT: 61 FR 1256, The Federal Communications January 18, 1996. PREVIOUSLY ANNOUNCED TIME AND DATE OF U.S. CONSUMER PRODUCT SAFETY Commission will hold an Open Meeting THE MEETING: 12 p.m., January 23, 1996. COMMISSION on the subject listed below on Wednesday, January 31, 1996, which is CHANGES IN THE MEETING: The following TIME AND DATE: Friday, February 2, 1996, scheduled to commence at 9:30 a.m., in topic was withdrawn from the open 10:00 a.m. Room 856, at 1919 M Street, NW., portion of the meeting: Washington, DC. • LOCATION: Room 410, East West Towers, Appointment of Federal Home Loan 4330 East West Highway, Bethesda, Item No., Bureau, Subject Bank Vice Chairs. Maryland. 1—International—Title: Policy The following topics were added to the open portion of the meeting: STATUS: Closed to the Public. Statement on International • Federal Home Loan Bank of Des Moines’ MATTER TO BE CONSIDERED: Accounting Rate Reform. Summary: First-time Homebuyer Set-Aside; and Compliance Status Report The Commission will consider issuing • Federal Home Loan Bank of New York The staff will brief the Commission on the a policy statement that addresses Request for Exception to the Financial status of various compliance matters. accounting rate policies given changes Management Policy. in the international The Board determined that agency For a recorded message containing the telecommunications market. business required its consideration of latest agenda information, call (301) these matters on less than seven days 504–0709. Additional information concerning this meeting may be obtained from notice to the public and that no earlier CONTACT PERSON FOR ADDITIONAL Audrey Spivack or Maureen Peratino, notice of these changes in the subject INFORMATION: Sadye E. Dunn, Office of Office of Public Affairs, telephone matter of the meeting was possible. the Secretary, 4330 East West Highway, number (202) 418–0500. CONTACT PERSON FOR MORE INFORMATION: Bethesda, MD 20207 (301) 504–0800. Dated January 24, 1996. Elaine L. Baker, Secretary to the Board, Dated: January 24, 1996. Federal Communications Commission. (202) 408–2837. Sadye E. Dunn, William F. Caton, Rita I. Fair, Secretary. Acting Secretary. Managing Director. [FR Doc. 96–1762 Filed 1–25–96; 3:06 pm] [FR Doc. 96–1658 Filed 1–25–96; 1:27 pm] [FR Doc. 96–1733 Filed 1–25–96; 3:06 pm] BILLING CODE 6355±01±M BILLING CODE 6712±01±F BILLING CODE 6725±01±P 2869

Corrections Federal Register Vol. 61, No. 19

Monday, January 29, 1996

This section of the FEDERAL REGISTER Wednesday, December 20, 1995, make § 1.1361-1 [Corrected] contains editorial corrections of previously the following correction: published Presidential, Rule, Proposed Rule, In correction 4 to § 1.1361-1(k)(1), in and Notice documents. These corrections are §121.419 [Corrected] the third line, ‘‘OSST’’ should read prepared by the Office of the Federal On page 65949, in the first column, ‘‘QSST’’. Register. Agency prepared corrections are §121.419 (a) (1) (viii) was designated BILLING CODE 1505±01±D issued as signed documents and appear in incorrectly the first time, and the the appropriate document categories elsewhere in the issue. paragraph should read ‘‘(vii)’’. BILLING CODE 1505±01±D DEPARTMENT OF THE TREASURY Internal Revenue Service DEPARTMENT OF TRANSPORTATION DEPARTMENT OF THE TREASURY Computer Matching Programs Federal Aviation Administration Internal Revenue Service Correction 14 CFR Part 121 26 CFR Part 1 In notice document 96–778 beginning [Docket No. 27993; Amdt. No. 121-250, 135- [TD 8600] on page 1817 in the issue of Tuesday, 57] RIN 1545-AE86 January 23, 1996, make the following RIN 2120-AC79 correction: Definition of an S Corporation Air Carrier and Commercial Operator On page 1817, in the third column, EFFECTIVE DATE: Training Programs Correction under , ‘‘[Insert date 30 In the correction to rule document days after publication in the Federal Correction 95–17914 corrected on page 49976 in Register].’’ should read ‘‘February 22, In rule document 95–30449 beginning the issue of Wednesday, September 27, 1996.’’ on page 65940, in the issue of 1995, make the following correction: BILLING CODE 1505±01±D federal register January 29,1996 Monday Management Authority;InterimRule Columbia FinancialResponsibilityand Certain EmployeesoftheDistrict Thrift SavingsPlanParticipationfor 5 CFRPart1620 Board Thrift Investment Federal Retirement Part II 2871 2872 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

FEDERAL RETIREMENT THRIFT Government of the District of Columbia. Section 1620.114(b) pertains to INVESTMENT BOARD The Act provides that individuals who employees who were separated from commence employment with the Federal service for 31 or more full 5 CFR Part 1620 Authority within two months of calendar days but less than 2 months separating from Federal service may before they were employed by the Thrift Savings Plan Participation for elect to retain their participation in the Authority. Section 1620.114(b)(1) Certain Employees of the District of ‘‘retirement system in which the provides that if such an employee was Columbia Financial Responsibility and individual last participated before so previously eligible to participate in the Management Authority separating * * *.’’ Id., section TSP, he or she will be eligible to contribute to the TSP during the first AGENCY: Federal Retirement Thrift 102(e)(1)(A), 109 Stat. at 102. Although Investment Board. this language is not explicit with respect open season beginning after the date he to the TSP, the Act contemplates TSP or she is employed by the Authority. ACTION: Interim rule with request for Section 1620.114(b)(2) provides that if comments. participation because the TSP is a component of the Federal Employees’ the employee was not previously SUMMARY: The Executive Director of the Retirement System (FERS) and the Civil eligible to participate in the TSP, he or Federal Retirement Thrift Investment Service Retirement System (CSRS). she will be eligible to contribute to the Board is publishing interim regulations Section 1653.113 of these interim TSP during the second open season to implement section 102(e) of the regulations provides that the Authority beginning after the date he or she is District of Columbia Financial must notify an employee of his or her employed by the Authority. Responsibility and Management right to participate in the TSP at the Section 1620.114(b)(3) provides that if Assistance Act of 1995 (Act). Under this time the employee is required to be an employee covered under section Act, persons who separate from Federal notified of his or her right to elect 1620.114(b)(1) or (b)(2) commences employment and who are employed Federal retirement coverage. Because employment with the Authority during within two months by the District of the TSP is an important part of the an open season but before the election Columbia Financial Responsibility and Federal employee’s total retirement period (the last month of the open Management Authority may elect to package, an employee should be advised season), that open season is considered participate in the Federal retirement of eligibility for TSP participation in the employee’s first open season. These rules are applied in the system in which they last participated order to make an educated decision before separating from Federal service. following examples: whether to elect Federal retirement Example Number 1: Assume an These regulations address participation coverage. employee leaves Federal service and 40 in the Thrift Savings Plan (TSP) by Section 1620.114 provides that some days later, on December 15, 1995 (which eligible employees who elect Federal employees may be eligible to contribute is during an open season), commences retirement coverage. They do not apply to the TSP immediately upon employment with the Authority. to eligibility to participate in retirement employment with the Authority, while Assume also that the employee elects programs administered by the Office of others would be eligible to participate in retirement coverage under CSRS. Personnel Management (OPM). the TSP during subsequent TSP open Assume further that the employee was DATES: This interim rule is effective seasons. eligible to contribute to the TSP at the January 29, 1996.Comments must be Section 1620.114(a) pertains to time she separated from the Federal received on or before March 29, 1996. employees who leave Federal service agency. Because she commenced ADDRESSES: Comments may be sent to: and are employed by the Authority with employment with the Authority after 31 Patrick J. Forrest, Federal Retirement a break in service of less than 31 full or more full calendar days, but within Thrift Investment Board, 1250 H Street, calendar days. These employees are 2 months after separating from Federal NW., Washington, D.C. 20005. treated as though they transferred from service, section 1620.114(b) applies. FOR FURTHER INFORMATION CONTACT: one Federal agency to another with no Because she previously was eligible to Patrick J. Forrest, (202) 942–1662. break in service. Therefore, if such an contribute to the TSP, section SUPPLEMENTARY INFORMATION: The employee had a valid TSP contribution 1620.114(b)(1) applies. Therefore, the Federal Retirement Thrift Investment election in effect on the date the employee is eligible to contribute to the Board (Board) administers the Thrift employee separated from the Federal TSP during the first open season Savings Plan (TSP), which was service, the employee’s contributions to beginning after the date the employee established by the Federal Employees’ the TSP will continue without commenced employment with the Retirement System Act of 1986 interruption pursuant to the election Authority. Furthermore, because the (FERSA), Pub. L. 99–335, 100 Stat. 514 that was in effect upon separation. If employee was hired during a TSP open (1986), which has been codified, as such an employee was eligible to season, but not during the last month of amended, largely at 5 U.S.C. 8401–8479 participate in the TSP prior to an open season, section 1620.114(b)(3) (1994). The TSP is a tax-deferred separation but did not have a valid TSP provides that the open season during retirement savings plan for Federal election in effect on the date that he or which she commences employment employees that is similar to cash or she separated from the Federal service, with the Authority is her first open deferred arrangements established the employee will be eligible to season. Accordingly, the employee under section 401(k) of the Internal contribute to the TSP during the first would be eligible to contribute to the Revenue Code. open season beginning after the date he TSP beginning in the first full pay The District of Columbia Financial or she commences employment with the period in January 1996. (Note that under Responsibility and Management Authority. If such an employee was not section 1620.115(a), if the employee was Assistance Act of 1995 (Act), Pub. L. previously eligible to participate in the covered by FERS, she would be entitled 104–8, section 101, 109 Stat. 97, 100, TSP, the employee will become eligible to Agency Automatic (1%) established the District of Columbia during the second open season Contributions beginning in the first full Financial Responsibility and beginning after the date he or she began pay period in January 1996, whether or Management Assistance Authority to work for the Federal Government, not not she elected to contribute to the TSP; (Authority) as an entity within the with the Authority. and that she would be entitled to Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2873 matching contributions if she did elect criteria of the Paperwork Reduction Act Subpart IÐCertain Employees of the to contribute.) of 1980. District of Columbia Financial Example Number 2: Assume an Responsibility and Management Assistance employee begins working for the Waiver of Notice of Proposed Authority. Federal Government on February 28, Rulemaking and 30-Day Delay of Sec. 1995, and is recruited by the Authority Effective Date 1620.110 Scope. to begin working on October 30, 1995. 1620.111 Definitions. Assume further that the employee Under 5 U.S.C. 553 (b)(3)(B) and 1620.112 Eligibility requirements. (d)(3), I find that good cause exists for 1620.113 Notice to an employee of his or separates from Federal service one week her right to participate in the TSP. before commencing service with the waiving the general notice of proposed rulemaking and for making these 1620.114 Employee contributions. Authority, and that he elects continued 1620.115 Employer contributions. retirement coverage under FERS once he regulations effective in less than 30 1620.116 TSP contributions. starts working for the Authority. days. Elections made under these 1620.117 TSP loan payments. Because he commenced employment regulations will affect qualifying 1620.118 Failure to participate or delay in with the Authority with less than a 31 employees’ participation in the TSP participation. day break in service, 1620.114(a) retroactive to their entry on duty with 1620.119 Other regulations. applies. Because he was not previously the Authority. The intent of the Subpart IÐCertain Employees of the eligible to contribute to the TSP, section legislation is to allow eligible employees District of Columbia Financial 1620.114(a)(3) applies and provides that to participate in the TSP as soon as Responsibility and Management he is eligible to contribute to the TSP practicable. A delay in the effective date Assistance Authority during the second open season of these regulations would be contrary beginning after the date he first began to the intent of the legislation and to the § 1620.110 Scope. working for the Federal Government. public interest because it would delay The District of Columbia Financial The employee’s first open season was the election opportunity for eligible Responsibility and Management the May 15, 1995, to July 31, 1995, open employees during the initial staffing of Assistance Authority (Authority) was season, during which he was employed the Authority. established by the District of Columbia by the Federal Government. His second Financial Responsibility and open season is the November 15, 1995, Unfunded Mandates Reform Act of Management Assistance Act of 1995 (the to January 31, 1996, open season, during 1995 Act), Public Law 104–8, 109 Stat. 97. which he will be employed by the Although the Authority is an agency of Authority. Therefore, the employee can Pursuant to the Unfunded Mandates Reform Act of 1995, Pub. L. 104–4, the District of Columbia Government, contribute to the TSP in the first full pay any individual who is employed by the period in January 1996. (Also note that section 201, 109 Stat. 48, 64, the effect of this regulation on State, local, and Authority within two months after being under section 1620.115(a), because the separated from Federal service may tribal governments and on the private employee is covered by FERS, he would elect to retain his or her participation in sector has been assessed. This be entitled to Agency Automatic (1%) the retirement system in which the regulation will not compel the Contributions beginning in the first full individual last participated before pay period in January 1996, whether or expenditure in any one year of $100 separating from Federal service. This not he elected to contribute; and that he million or more by any State, local, or subpart governs participation in the would be entitled to matching tribal governments in the aggregate or by Thrift Savings Plan (TSP) by employees contributions if he did elect to the private sector. Therefore, a of the Authority who elect to be covered contribute.) statement under section 202, 109 Stat. by FERS or CSRS. Section 1620.117 provides that an 48, 64–65, is not required. employee of the Authority who elects § 1620.111 Definitions. Federal retirement coverage must notify List of Subjects in 5 CFR Part 1620 As used in this subpart: the TSP recordkeeper that he or she has District of Columbia, Employment Authority means the District of commenced employment with the benefit plans, Government employees, Columbia Financial Responsibility and Authority if the employee separated Retirement, Pensions. Management Authority. from Federal service with an Basic pay means basic pay as defined outstanding TSP loan. It may be Federal Retirement Thrift Investment Board. in 5 U.S.C. 8431. possible for such employees to continue Roger W. Mehle, CSRS means the Civil Service their TSP loan payments and thereby Executive Director. Retirement System established by avoid repaying in full or having a subchapter III of chapter 83 of title 5, taxable distribution declared, if their For the reasons set out in the United States Code, or any equivalent loan payments resume before their loan preamble, 5 CFR Chapter VI is amended Government retirement plan. accounts are closed. as set forth below: Election period means the last calendar month of an open season and Regulatory Flexibility Act PART 1620ÐCONTINUATION OF is the period in which an election to I certify that these regulations will not ELIGIBILITY make or change contributions during have a significant economic impact on that open season can first become a substantial number of small entities 1. The authority citation for part 1620 effective. because the regulations will affect only is revised to read as follows: FERS means the Federal Employees’ a small number of former Federal Authority: 5 U.S.C. 8474 and 8432b; Pub. Retirement System established by employees and a single agency of the L. 99–591, 100 Stat. 3341; Pub. L. 100–238, chapter 84 of title 5, United States Code, Government of the District of Columbia. 101 Stat. 1744; Pub. L. 100–659, 102 Stat. and any equivalent retirement system. 3910; Pub. L. 104–4, 109 Stat. 48. Open season means the period during Paperwork Reduction Act which employees may make an election I certify that these regulations do not 2. Subpart I is added to part 1620 to with respect to their contributions to the require additional reporting under the read as follows: Thrift Savings Plan. 2874 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

Recordkeeper means the organization (b) An employee who is employed by (2) With the first pay period in which under contract to the Board to perform the Authority after 31 or more full the employee is eligible to contribute to recordkeeping services. This currently is calendar days but within 2 months after the TSP (as determined in accordance the National Finance Center, United separating from Federal service and who with § 1620.114 of this subpart) for all States Department of Agriculture, P.O. elects to be covered by FERS or CSRS other FERS employees of the Authority. Box 61500, New Orleans, Louisiana within the time period permitted by the (b) If a FERS employee of the 70161- 1500. United States Office of Personnel Authority elects to participate in the Retirement election means an election Management will be eligible to TSP under § 1620.114 of this subpart, by an eligible employee of the Authority contribute to the TSP as follows: the Authority must contribute on behalf to remain covered by either CSRS or (1) If the employee was previously of such employee each pay period to the FERS. eligible to participate in the TSP, the Thrift Savings Fund, in accordance with Thrift Savings Plan (TSP) election employee will be eligible to contribute Board procedures, any matching means a request by an eligible employee to the TSP in the first open season (as contributions which he or she is eligible to start contributing to the TSP, to determined in accordance with to receive under 5 U.S.C. 8432(c). terminate contributions to the TSP, to paragraph (b)(3) of this section) § 1620.116 TSP contributions. change the amount of contributions beginning after the date the employee made to the TSP each pay period commences employment with the The Authority is responsible for (including a request to terminate Authority. transmitting, in accordance with Board contributions), or to change the procedures, any employee and employer (2) If the employee was not previously allocation of TSP contributions among contributions that are required by this eligible to participate in the TSP, the the TSP investment funds, as described subpart to the Board’s Recordkeeper. employee will be eligible to contribute at 5 CFR 1600.4. A TSP election must to the TSP in the second open season (as be made on Form TSP–1, Thrift Savings § 1620.117 TSP loan payments. determined in accordance with Plan Election Form. The Authority shall deduct and paragraph (b)(3) of this section) transmit TSP loan payments for § 1620.112 Eligibility requirements. beginning after the date the employee employees in accordance with 5 CFR To be eligible to participate in the commences employment with the part 1655 and Board procedures. An TSP, an employee of the Authority Authority. employee of the Authority who must: (3) If an employee of the Authority separates from Federal service with an (a) Have been separated from the who is described in paragraphs (b)(1) outstanding TSP loan and who elects to Federal service for not more than 2 and (b)(2) of this section is employed by be covered under FERS or CSRS must months before commencing the Authority during an open season, notify the recordkeeper that he or she employment with the Authority; but before the election period (the last has commenced employment with the (b) Have been covered by FERS or calendar month of the open season), the Authority. CSRS immediately before separating open season during which the employee from Federal service; and is employed will be considered the § 1620.118 Failure to participate or delay in (c) Have elected to be covered by employee’s first open season. participation. FERS or CSRS within the time (c) TSP contributions from employees If an employee of the Authority who permitted by the United States Office of of the Authority must be made from the elects to be covered by FERS or CSRS Personnel Management. employee’s basic pay for service with fails to participate or is delayed in the Authority and are subject to the participating in the TSP because of a § 1620.113 Notice to an employee of his or delay in the implementation of the Act her right to participate in the TSP. limits described at 5 CFR Part 1600, subpart C. or in the promulgation of the regulations The Authority must notify an in this subpart, the employee may employee of his or her right to § 1620.115 Employer contributions. request that retroactive corrective action participate in the TSP at the time the be taken in accordance with 5 CFR employee is required to be notified of (a) If an eligible employee of the Authority elects to be covered by FERS, 1605.2(b)(2), as if the delay were his or her right to elect to be covered attributable to employing agency error. under FERS or CSRS. the Authority must contribute on the employee’s behalf each pay period to Lost earnings shall be payable pursuant § 1620.114 Employee contributions. the Thrift Savings Fund, in accordance to 5 CFR part 1606 due to delay (a) An employee of the Authority who with Board procedures, an amount described in this section, as if the delay is separated from Federal service for less equal to 1 percent of the employee’s were attributable to employing agency than 31 full calendar days before basic pay paid to such employee for that error. commencing employment with the period of service, as required by 5 § 1620.119 Other regulations. Authority and who elects to be covered U.S.C. 8432(c)(1)(A), beginning: The Authority and individuals by FERS or CSRS within the time period (1) Immediately upon employment covered by § 1620.110 of this subpart mandated by the United States Office of with the Authority if the employee are governed by the regulations in 5 CFR Personnel Management will be eligible separated from Federal service less than chapter VI, to the extent the regulations to contribute to the TSP as though he or 31 full calendar days before in 5 CFR chapter VI are not inconsistent she had transferred to the Authority commencing employment with the with this subpart. from the losing Federal agency, i.e., as Authority and was eligible to participate though the employee did not have a in the TSP when he or she separated [FR Doc. 96–1492 Filed 1–26–96; 8:45 am] break in service as defined by the TSP. from Federal service; or BILLING CODE 6760±01±P federal register January 29,1996 Monday Statistical Information;Notice Order ProvidingfortheConfidentialityof Budget Management and Office of Part III 2875 2876 Federal Register / Vol. 61, No. 20 / Monday, January 29, 1996 / Notices

OFFICE OF MANAGEMENT AND Electronic mail inquiries may be agencies and units, including a dozen BUDGET submitted via SMTP to agencies that have statistical activities [email protected] or via X.400 to as their principal function. While this Order Providing for the Confidentiality G=Jerry, S=Coffey, PRMD=gov+eop, decentralized structure provides of Statistical Information ADMD+telemail, C=us. Electronic mail substantial benefits in making statistical units responsive to specific program AGENCY: Office of Information and inquiries should include the Regulatory Affairs, Office of commenter’s name, affiliation, postal needs, public confidence in Management and Budget, Executive address, and email address in the text of nondisclosure pledges made by Office of the President. the message. statistical agencies or units is sometimes affected by perceptions of the programs ACTION: SUPPLEMENTARY INFORMATION: Notice of proposed order. those statistics support. SUMMARY: The proposed order is A. Background By establishing a uniform policy for intended to clarify, and make Statistical policy authority within the the principal statistical agencies, this consistent, government policy executive branch was established order will reduce public confusion, protecting the privacy and explicitly in section 103 of the Budget uncertainty, and concern about the confidentiality interests of individuals and Accounting Procedures Act of 1950, treatment of confidential statistical or organizations who furnish data for which stated, in its original language— information by different agencies. By establishing consistent rational Federal statistical programs. It is The President, through the Director of the intended to assure respondents who principles and processes to buttress Bureau of the Budget, is authorized and confidentiality pledges, the order will supply statistical information needed to directed to develop programs and to issue develop or evaluate Federal policy that regulations and orders for the improved eliminate unsupportable confidentiality their responses will be held in gathering, compiling, analyzing, publishing, claims and agency decision processes confidence and would not be used and disseminating of statistical information that have created uncertainties. Such against them in any government action. for any purpose by the various agencies in consistent protection of confidential In effect, it clarifies and amplifies the the executive branch of the Government. statistical information will, in turn, Such regulations and orders shall be adhered reduce the perceived risks of more privileged status afforded ‘‘confidential to by such agencies. statistical data’’ about businesses and efficient working relationships among organizations as set forth in the Trade 64 Stat. 834 (codified at 31 U.S.C. 18b). statistical agencies, relationships that Secrets Act, 18 U.S.C. 1905, as well as In 1982, this provision was recodified, can reduce both the cost and reporting the principles of the Privacy Act, 5 without substantive change, at 31 U.S.C. burden imposed by statistical programs. U.S.C. 552a, concerning information 1104(d): B. Proposed Section 1 about individuals. It establishes policies The President shall develop programs and This section provides definitions for to assure ‘‘fair information practices’’ (as prescribe regulations to improve the purposes of this order. Most of these advocated by the Privacy Protection compilation, analysis, publication, and definitions are self-explanatory. Study Commission and the Commission dissemination of statistical information by One of the central definitions is on Federal Paperwork) for respondents executive agencies. The President shall carry ‘‘statistical agency or unit,’’ which refers and subjects of statistical inquiries, out this subsection through the Administrator for the Office of Information to the class of organizations that are based on the concept of ‘‘functional and Regulatory Affairs in the Office of principally subject to the order. As separation’’ developed by the Privacy Management and Budget. noted above, the statistical policy Protection Study Commission. The See also Section 3(a) of the Paperwork authority in 31 U.S.C. 1104(d) is defined proposed order permits functional Reduction Act of 1980 (94 Stat. 2825) in terms of an enumerated set of separation to be achieved by two and Executive Order No. 10253 (31 statistical activities performed by any means—1) identifying an agency or unit U.S.C. 1104 note, and Codification of executive agency for any purpose. The that is purely statistical, or 2) Presidential Proclamations and definition of ‘‘statistical agency or unit’’ distinguishing statistical from Executive Orders (1945–89), p. 687). narrows the coverage of this order, nonstatistical functions within a single Previous orders issued pursuant to this except where otherwise specified, to agency or unit. authority have been in the form of OMB agencies where statistical activities are DATES: Comments must be received on Circulars, Transmittals and attached predominant. For clarity, OMB has or before March 29, 1996. Exhibits (prior to 1977), Statistical listed in Appendix A specific statistical ADDRESSES: Please address all written Policy Directives (1978–1980), and agencies or units that have been initially comments to Katherine K. Wallman, Statistical Standards (since 1980). determined to be subject to this order. Office of Information and Regulatory The Paperwork Reduction Act of 1980 OMB may revise this list from time to Affairs, OMB, Washington, D.C. 20503. (as amended in 1986 and 1995) also time. Comments may be submitted via requires OIRA to develop policies, Another central definition in Section facsimile to 202/395–7245. Electronic principles, standards, and guidelines for 1 is ‘‘statistical purpose’’, which mail comments may be submitted via privacy and confidentiality generally; definition also includes examples of SMTP to [email protected] or the integrity of confidentiality pledges; other (non-statistical) purposes. These via X.400 to G=Katherine, S=Wallman, and the confidentiality of information terms are used in Sections 2 and 3 of the PRMD=gov+eop, ADMD+telemail, C=us. collected for statistical purposes order. Many governmental and private Comments submitted via electronic mail (subsections 3504(e)(1), 3504(e)(5), and sector activities use statistical should include the commenter’s name, 3504(g)(1) of title 44). In addition the information in summary, aggregate, or affiliation, postal address, and email Act tasks OIRA to oversee agency other anonymous forms. Most of them, address in the text of the message. compliance with related requirements of however, also use information in FOR FURTHER INFORMATION CONTACT: Jerry the Act and with the policies referenced identifiable form for making decisions L. Coffey, Office of Information and above (subsections 3506(b)(1)(C), about entities that are the subjects of Regulatory Affairs, OMB, Washington, 3506(e) (2)–(4), and 3506(g)(1)). that information. The definition of D.C. 20503. Inquiries may be submitted The decentralized Federal statistical ‘‘statistical purpose’’ distinguishes via facsimile to 202/395–7245. system consists of more than seventy Federal activities that produce statistical Federal Register / Vol. 61, No. 20 / Monday, January 29, 1996 / Notices 2877 information in anonymous form from all D. Proposed Section 3 the same or similar information that is other Federal activities. This exception language applies only retained. The definition of ‘‘identifiable form’’ to agencies that are subject to the I. Proposed Section 8 is based on the standard in 26 U.S.C. general policy in section 2 and only in 6103(b)(2) (defining tax return the case where they also have Section 8 emphasizes that this order information as not including ‘‘data in a ‘‘authority’’ to collect data to be used in is intended to supplement, and not to form which cannot be associated with, identifiable form for nonstatistical restrict or diminish, any confidentiality or otherwise identify, directly or purposes. The notice requirements are protections that otherwise apply to indirectly, a particular taxpayer’’) and referenced to the paperwork review statistical information. Examples of 26 U.S.C. 6103(j)(4) (regarding process. such protections include data ‘‘statistical use’’ of ‘‘anonymous’’ return The procedure called for by this encryption and other security measures information), as well as on privacy section provides an additional means to as well as disclosure avoidance principles applied by courts in cases implement functional separation and a procedures used in statistical under the Freedom of Information Act, means for the public and OMB to review publications. see, e.g., Carter v. Commerce, 830 F.2d data collections conducted by a 388, 390–92 (D.C. Cir. 1987); Marzen v. statistical agency that are to be used for J. Proposed Section 9 HHS, 825 F.2d 1148, 1152 (7th Cir. nonstatistical purposes. Its purpose is to Section 9 commits the Office of 1987); Alirez v. NLRB, 676 F.2d 423, identify all nonstatistical data 427–28 (10th Cir. 1982). Statistical collections carried out by statistical Information and Regulatory Affairs to projects have as their objective the agencies (including collections carried provide guidance for implementing this publication of estimates (with out for other agencies) and to assure that order. OIRA will take steps to assure measurable error) of summary proper notice to respondents is consistent policies in the rules adopted information or aggregate characteristics provided. by affected agencies, and otherwise of some target population (which may consult with agencies to assure the full be people or things). Such objectives do E. Proposed Section 4 and prompt implementation of this not require the disclosure of information This section states that the provisions order. Any agency may also request that can be associated directly or of the order are to be applied to the OIRA to interpret any aspect of this indirectly with the identity of maximum extent legally permissible. order or to provide advice on any action individuals, or their specific Thus section 4 requires that statutes proposed to give full effect to the organizations or activities, that are the (including, but not limited to, statutes policies of this order. OMB will also subject of the information. When the regarding the collection, use, disclosure, review the accuracy and adequacy of underlying information is collected and confidentiality of information) be confidentiality pledges as required by under a pledge of confidentiality, construed to give the maximum force to the Paperwork Reduction Act of 1995 statistical agencies and units apply a confidentiality pledges that is legally (44 U.S.C. 3504(e)(5), 3506(e)(2)–(4), variety of techniques to assure that the permissible. For example, this 3506(g)(1) and 5 C.F.R. published information cannot be requirement affects the interpretation of 1320.5(d)(2)(vii)–(viii)). ‘‘mined’’ for the component details the Trade Secrets Act, where it about individual participants. strengthens the prohibition of K. Proposed Section 10 C. Proposed Section 2 disclosures of ‘‘confidential statistical data’’. This section establishes the effective This section states a general date of the order. F. Proposed Section 5 prohibition against the disclosure, or L. Proposed Appendix A use, in identifiable form of information Section 5 establishes a procedure for collected for exclusively statistical identifying and resolving any potential Appendix A contains the list of purposes, and the policy applies only to conflicts with this order. The procedure ‘‘statistical agencies and units’’ such information. It is intended to requires an agency review of all determined by OMB to be principally implement, in its simplest form, the pertinent issues, a report and subject to this order. Comment is organizational concept of functional subsequent review by OMB, and, if particularly solicited on the list of separation—where an agency has a clear necessary, appropriate review by the agencies proposed for inclusion or on mandate to collect information for Department of Justice. other agencies or units that should be exclusively statistical purposes—and to considered for inclusion. establish the specific obligation that is G. Proposed Section 6 communicated by a confidentiality Section 6 requires covered agencies to M. Proposed Appendix B pledge. The policy is stated in terms of take all steps necessary to comply with ‘‘disclosure’’—it is not intended to this order. In most cases, such steps will Appendix B provides guidelines for prevent access to information by the include revision of formal and informal including comparable language in respondents who provided the agency policies that can be made confidentiality pledges that cover data information or their agents (including consistent with this order without collected for exclusively statistical heirs or successors) explicitly defined statutory amendment. OMB and affected purposes. This is intended to provide by law, nor is it intended to cast a veil agencies will also consider seeking the public with a clear notice when the of secrecy over information that is changes in statutes if necessary. uniform policies of this order are in already in the public domain. The effect. It is also anticipated that OMB H. Proposed Section 7 requirement to provide notice to clearance review will be used to respondents is consistent with the Section 7 states that the act of eliminate similar and potentially general requirement of the Paperwork providing data to a statistical agency or confusing pledge language in cases Reduction Act of 1995 (44 U.S.C. unit does not alter obligations under any where the standards of this order are not 3506(e)(2)) and must also be consistent other statute, including the Privacy Act with the guidelines in Appendix B. and the Freedom of Information Act, for 2878 Federal Register / Vol. 61, No. 20 / Monday, January 29, 1996 / Notices met. See 5 C.F.R. 1320.5(d)(vii)–(viii) (f) Respondent means a person who is for statistical purposes and may not be (60 FR 44988; August 29, 1995). requested to provide information, or is disclosed, or used, in identifiable form Sally Katzen, the subject of that information, or who for any other purpose, unless otherwise Administrator, Office of Information and provides that information; compelled by law. If the statistical Regulatory Affairs. (g) Rule means the whole or part of a agency or unit has determined that it is statement by an Executive agency of not otherwise compelled by law, the Order Providing for the Confidentiality general or particular applicability and confidentiality pledge shall be in the of Statistical Information future effect, and includes regulations, form as set forth in Appendix B. Consistent government policy directives, orders, guidance, and policy Section 3. Prohibition on collecting protecting the privacy and statements; information to be disclosed, or used, in confidentiality interests of persons who (h) Statistical agency or unit means an identifiable form for non-statistical provide information for Federal agency or organizational unit of the purposes. statistical programs serves both the Executive Branch whose activities are (a) Unless a statistical agency or unit interests of the public and the needs of predominantly the collection, is specifically authorized by statute to the government and society. The compilation, processing, or analysis of acquire information to be disclosed, or integrity and credibility of information for statistical purposes used, in identifiable form for purposes confidentiality pledges provides (Appendix A contains a list of other than statistical purposes, such assurance to the public that information ‘‘statistical agencies or units’’ as defined agency or unit shall not collect about persons or provided by persons herein, which have been determined by information for any such (non- for exclusively statistical purposes will the Office of Management and Budget to statistical) purposes. be held in confidence and will not be be subject to this order); (i) Statistical purpose means the (b) If a statistical agency or unit is used against them in any government description, estimation, or analysis by specifically authorized by statute to action. Public confidence and the Federal Government of information acquire information to be disclosed, or willingness to cooperate in statistical concerning persons, the economy, used, in identifiable form for non- programs substantially affects both the society, or the natural environment (or statistical purposes, and is collecting accuracy and completeness of statistical relevant groups or components thereof) information for such non-statistical information and the efficiency of without regard to the identities of purposes, such agency or unit shall statistical programs. Fair information specific persons, as well as the clearly identify such non-statistical practices and functional separation of development, implementation, or purposes in both the Federal Register purely statistical activities from other maintenance of methods, procedures, or notices and submissions to Office of government activities are both essential information resources that support such Management and Budget required by the to continued public cooperation in purposes; ‘‘statistical purpose’’ Paperwork Reduction Act (44 U.S.C. statistical programs. specifically excludes many other 3501 et seq.). In such cases when Therefore, pursuant to 31 U.S.C. activities or functions for which information is collected to be disclosed, 1104(d), section 3(a) of the Paperwork information is used in identifiable form, or used, in identifiable form for Reduction Act of 1980 (94 Stat. 2825), such as determining whether a person is purposes other than statistical purposes, the Paperwork Reduction Act of 1995 eligible for a license, privilege, right, a statistical agency or unit may not (44 U.S.C. 3501 et seq.), and Executive grant, or benefit (including whether make a confidentiality pledge that Order 10253 (as amended), and in order such should be revoked) or whether a includes any language that might to improve the compilation, analysis, person’s conduct was or is in reasonably be confused with the publication, dissemination, and accordance with law (including whether language contained in confidentiality confidentiality of statistical information, a fine, other punishment, monetary pledges for information that is collected it is hereby ordered as follows: damages, or equitable relief should be for exclusively statistical purposes (see Section 1. Definitions. For the imposed); Section 2(b) and Appendix B). purposes of this order: (j) Use of information means use by a Information collected to be disclosed, or (a) Disclose means to release statistical agency or unit, by officers or used, in identifiable form for non- information to anyone other than the employees of that agency or unit, or by statistical purposes may be disclosed, or respondent who provided, or is the other agents (including contractors) used, only for those non-statistical subject of, such information (or the acting as employees under the purposes approved under the agent of such respondent); supervision and control of that agency Paperwork Reduction Act. (b) Executive agency is defined as in or unit. Section 4. The provisions of this order 31 U.S.C. 102; Section 2. Prohibitions regarding the shall be applied to the maximum extent (c) Identifiable form means any disclosure and use of information legally permissible. Accordingly, with representation of information that collected for exclusively statistical respect to matters involving statistical permits information concerning a purposes. information and activities of statistical specific respondent to be reasonably (a) Information acquired by a agencies or units, Executive agencies inferred by either direct or indirect statistical agency or unit for exclusively shall, to the maximum extent legally means; statistical purposes may be used only permissible, construe and apply (d) Information means information of for statistical purposes, and shall not be pertinent statutes (including, but not any kind that is not generally available disclosed, or used, in identifiable form limited to, statutes regarding the to the public, and includes data; for any other purpose unless otherwise collection, use, disclosure, and (e) Person means individuals, compelled by law. confidentiality of information) in a organized groups of individuals, (b) When a statistical agency or unit manner that enables full compliance societies, associations, firms, is collecting information for exclusively with this order (or, where a statute partnerships, business trusts, legal statistical purposes, it shall, at the time precludes full compliance, in a manner representatives, companies, joint stock of collection, inform the respondents that enables compliance with this order companies, and corporations, and refers from whom the information is collected to the maximum extent not precluded to both the singular and the plural; that such information may be used only by statute). Federal Register / Vol. 61, No. 20 / Monday, January 29, 1996 / Notices 2879

Section 5. Each statistical agency or To the extent that it is determined that National Center for Education unit subject to this order shall conduct there are any existing rules which are Statistics a review of its activities to ensure that inconsistent with any provisions of this Department of Energy— they are in full compliance with this order and which an Executive agency Energy End Use and Integrated order (or, if full compliance is may revise to be consistent (without Statistics Division of the Energy precluded by statute, that they comply statutory amendment), such Executive Information Administration to the maximum extent not precluded agency shall promptly undertake to Department of Health and Human by statute). The agency or unit shall revise such rules, in accordance with Services— complete the review no later than 60 applicable procedures, so that they are National Center for Health Statistics days after this order takes effect for that consistent. OMB and affected statistical Department of Justice— agency or unit. The review shall agencies or units shall consider, in Bureau of Justice Statistics include, among other things: accordance with the legislative Department of Labor— (a) an identification of any statutes clearance process under OMB Circular Bureau of Labor Statistics that, the agency or unit believes, A–19, the appropriateness of any Department of Transportation— preclude full compliance with this statutory amendments that would Bureau of Transportation Statistics order, enable full compliance with this order. Department of the Treasury— (b) an identification of any rules that, Section 7. The disclosure of Statistics of Income Division of the the agency or unit believes, are information to a statistical agency or Internal Revenue Service inconsistent with any provisions of this unit shall in no way alter obligations National Science Foundation— order (including an identification of under statutes, including the Freedom Division of Science Resources Studies which such rules are compelled by of Information Act and the Privacy Act, statute and, conversely, which ones may for the same or similar information that Appendix B—Confidentiality Pledges be revised without a statutory was retained. Statistical agencies or units subject to amendment), and Section 8. This order is intended to this order shall, whenever they collect (c) the development of a plan for supplement, and not to restrict or information for exclusively statistical ensuring that the activities of the agency diminish, any confidentiality purposes and have determined that they or unit fully comply with this order (or, protections that otherwise apply to may fully comply with the disclosure if full compliance is precluded by statistical information. and use prohibitions in this order, statute, that such activities comply with Section 9. The Office of Information incorporate the following or equivalent this order to the maximum extent not and Regulatory Affairs of the Office of language into confidentiality pledges precluded by statute). Management and Budget will provide made to respondents: The results of this review shall be appropriate guidance regarding this submitted in a report to the order. This information collection complies with the Federal Statistical Confidentiality Order. Administrator of the Office of Section 10. This order is effective 30 Therefore, by law, your responses may be Information and Regulatory Affairs no days after final publication in the used only for statistical purposes and may later than 90 days after this order takes Federal Register. not be disclosed, or used, in identifiable form effect for that agency or unit. The Office Appendix A—Designated Statistical for any other purpose. of Management and Budget shall review Agencies or Units When a confidentiality pledge is such reports and, after consultation with made by a statistical agency or unit for the statistical agencies or units in The following agencies or units have any information collection that does not question, may request that the been determined by OMB to be satisfy the disclosure and use standards Department of Justice review and ‘‘statistical agencies or units’’ for of this order that apply to information provide its opinion regarding any purposes of this order (this list may be collected for exclusively statistical statutes identified as precluding full revised from time to time): purposes (e.g., when the purposes of the compliance with this order, or any rules Department of Agriculture— collection are not exclusively that have been identified as being Economic Research Service statistical), such pledge may not include inconsistent with any provisions of this National Agricultural Statistics any language that might reasonably be order and as being compelled by statute. Service confused with the language specified Section 6. Statistical agencies or units Department of Commerce— above. shall implement this order through Bureau of the Census issuance of appropriate rules, in Bureau of Economic Analysis [FR Doc. 96–1525 Filed 1–26–96; 8:45 am] accordance with applicable procedures. Department of Education— BILLING CODE 3110±01±P federal register January 29,1996 Monday Deferrals; Notice Cumulative ReportonRescissionsand Budget Management and Office of Part IV 2881 2882 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

OFFICE OF MANAGEMENT AND month, a special message had been from obligation. Attachment B shows BUDGET transmitted to Congress. the status of each deferral reported This report gives the status, as of during FY 1996. Cumulative Report on Rescissions and January 1, 1996, of three deferrals Information From Special Message Deferrals contained in one special message for FY 1996. This message was transmitted to The special message containing January 1, 1996. Congress on October 19, 1995. information on the deferrals that are This report is submitted in fulfillment Rescissions covered by this cumulative report is of the requirement of Section 1014(e) of As of January 1, 1996, no rescission printed in the Federal Register cited the Congressional Budget and proposals were pending before the below: Impoundment Control Act of 1974 Congress. 60 FR 55154, Friday, October 27, 1995 (Public Law 93–344). Section 1014(e) requires a monthly report listing all Deferrals (Attachments A and B) Alice M. Rivlin, budget authority for the current fiscal As of January 1, 1996, § 113.2 million Director. year for which, as of the first day of the in budget authority was being deferred BILLING CODE 3110±01±M Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices 2883 2884 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

[FR Doc. 96–1534 Filed 1–26–96; 8:45 am] BILLING CODE 3110±01±C federal register January 29,1996 Monday Liberation Organization on U.S.RelationswiththePalestine January 4,1996ÐSuspendingRestrictions Presidential DeterminationNo.96±8of Yugoslavia (SerbiaandMontenegro) Imposed ontheFederalRepublicof Certification ToSuspendSanctions December 27,1995ÐPresidential Presidential DeterminationNo.96±7of The President Part V 2885

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Federal Register Presidential Documents Vol. 61, No. 19

Monday, January 29, 1996

Title 3— Presidential Determination No. 96–7 of December 27, 1995

The President Presidential Certification To Suspend Sanctions Imposed on the Federal Republic of Yugoslavia (Serbia and Montenegro)

Memorandum for the Secretary of State, the Secretary of the Treasury [and] the Secretary of Transportation

Pursuant to the authority vested in me by section 1511(e)(2) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160) (the ‘‘Act’’), I hereby determine that the waiver or modification of the sanctions on Serbia and Montenegro that were imposed by or pursuant to the directives described in section 1511(a) (1–5) and (7–8) of the Act, in conformity with the provisions of United Nations Security Council Resolutions 1021 and 1022 of November 22, 1995, is necessary to achieve a negotiated settlement of the conflict in Bosnia-Herzegovina that is acceptable to the parties. Therefore, I hereby direct the Secretary of the Treasury to take appropriate action to suspend the application of the sanctions imposed on Serbia and Montenegro pursuant to Executive Order No. 12808 of May 30, 1992, Execu- tive Order No. 12810 of June 5, 1992, Executive Order No. 12831 of January 15, 1993, and Executive Order No. 12846 of April 25, 1993, effective upon the transmittal of this determination to the Congress. The property and interests in property previously blocked remain blocked until provision is made to address claims or encumbrances, including the claims of the other successor states of the former Yugoslavia. I hereby direct the Secretary of Transportation to take appropriate action to suspend the application of the sanctions imposed pursuant to Department of Transportation Order 92–5–38 of May 20, 1992, Department of Transpor- tation Order 92–6–27 of June 12, 1992, and Special Federal Aviation Regula- tion No. 66–2 of May 31, 1995 (14 C.F.R. Part 91, 60 Federal Register 28477), effective upon the transmittal of this determination to the Congress. I hereby authorize the Secretary of State to take appropriate action to suspend the application of the sanctions imposed pursuant to Department of State Public Notice 1427 of July 11, 1991, at the appropriate time in conformity with the provisions of United Nations Security Council Resolution 1021 of November 22, 1995. The national emergency declared in Executive Order No. 12808 and expanded in Executive Order No. 12934 shall continue in effect. The Secretary of State is authorized and directed to publish this determina- tion in the Federal Register. œ–

THE WHITE HOUSE, Washington, December 27, 1995. 2888 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Presidential Documents

MEMORANDUM OF JUSTIFICATION FOR PRESIDENTIAL CERTIFICATION REGARDING THE MODIFICATION OF THE APPLICATION OF U.S. SANCTIONS ON SERBIA AND MONTENEGRO The Serbia and Montenegro sanctions program is a key element of the President’s policy aimed at bringing about a settlement of the conflict in the former Yugoslavia. The United States has continued to strive during the past three years to ensure strong enforcement of the sanctions on Serbia and Montenegro. This has maintained the effectiveness of the sanctions program, motivating the Serbian leadership to come to the negotiating table. The General Framework Agreement for Peace in Bosnia and Herzegovina, signed in Paris on December 14, 1995, produced agreement among the warring parties to establish a single state of Bosnia-Herzegovina within its pre-1992 borders. Bosnia will be governed by a central government with constitutionally enumerated powers over internal and international affairs and will contain two entities. Along with resolution of many thorny territorial issues, the parties agreed to regional stabilization measures as well as to protect human rights and fundamental freedoms and to hold elections within the next year. The agreement required more than two weeks of intensive negotiations in Dayton. During the talks, all sides were forced to make concessions on a range of deeply held issues. The likelihood of sanctions suspension was one of the key factors contributing to Serbian President Slobodan Milosevic’s agreement at the talks. As the representative of Bosnian Serb interests at Dayton, Milosevic’s role was crucial in reaching agreement. Sanctions relief was clearly anticipated as a consequence of accord, and has already taken the form of the United Nations Security Council Resolutions 1021 and 1022, adopted by the Council on November 22, 1995. Before agreeing to sanctions suspension, we insisted on a credible reimposi- tion mechanism to ensure no backsliding on the commitments made by the Serbs. If the IFOR commander or High Representative determines that the FRY or the Bosnian Serbs are not meeting their obligations under the Peace Agreement, economic sanctions may again go into effect against the Serbs. Accordingly, we plan to leave the Sanctions Assistance Mission infra- structure and monitors in place. [FR Doc. 96–1823 Filed 1–26–96; 9:35 am] Billing code 4710–10–M Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Presidential Documents 2889 Presidential Documents

Presidential Determination No. 96–8 of January 4, 1996

Suspending Restrictions on U.S. Relations With the Palestine Liberation Organization

Memorandum for the Secretary of State

Pursuant to the authority vested in me by the Middle East Peace Facilitation Act of 1994, part E of title V, Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, Public Law 103–236, as amended, (‘‘the Act’’), I hereby: (1) certify that it is in the national interest to suspend application of the following provisions of law until March 31, 1996: (A) Section 307 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2227), as it applies with respect to the Palestine Liberation Organiza- tion or entities associated with it; (B) Section 114 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287e note), as it applies with respect to the Palestine Liberation Organization or entities associated with it; (C) Section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2502); and (D) Section 37, Bretton Woods Agreement Act (22 U.S.C. 286w), as it applies to the granting to the Palestine Liberation Organization of observer status or other official status at any meeting sponsored by or associated with the International Monetary Fund. (2) certify that the Palestine Liberation Organization continues to abide by the commitments described in section 583(b)(4) of the Act. You are authorized and directed to transmit this determination to the Con- gress and to publish it in the Federal Register. œ–

THE WHITE HOUSE, Washington, January 4, 1996. [FR Doc. 96–1824 Filed 1–26–96; 9:36 am] Billing code 4710–10–M i

Reader Aids Federal Register Vol. 61, No. 19 Monday, January 29, 1996

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JANUARY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Public inspection announcement line 523±5215 the revision date of each title. 5 CFR Laws 3 CFR Public Laws Update Services (numbers, dates, etc.) 523±6641 Proclamations Ch. XIV ...... 1697 330...... 691 For additional information 523±5227 6860...... 381 6861...... 1207 1201...... 1 Presidential Documents 6862...... 1271 1620...... 2872 Executive orders and proclamations 523±5227 Executive Orders: Proposed Rules: The United States Government Manual 523±5227 12543 (Continued by 330...... 546 333...... 546 Other Services Notice of January 3, 1996) ...... 383 335...... 546 Electronic and on-line services (voice) 523±4534 12544 (Continued by 731...... 394 Privacy Act Compilation 523±3187 Notice of January 3, 732...... 394 TDD for the hearing impaired 523±5229 1996) ...... 383 736...... 394 12808 (See 7 CFR ELECTRONIC BULLETIN BOARD Presidential Determination No. Ch. XVIII ...... 1109 Free Electronic Bulletin Board service for Public Law numbers, 96±7 of December 1d...... 2659 Federal Register finding aids, and list of documents on public 17, 1995)...... 2887 1e...... 2659 inspection. 202±275±0920 12810 (See Final Rule 97...... 247 301 ...... 1519, 1521, 2391 FAX-ON-DEMAND of January 3, 1996) ...... 629 354...... 2660 You may access our Fax-On-Demand service. You only need a fax 12810 (See 928...... 99 machine and there is no charge for the service except for long Presidential 979...... 248 distance telephone charges the user may incur. The list of Determination No. 982...... 2665 documents on public inspection and the daily Federal Register’s 96±7 of December 989...... 100 table of contents are available using this service. The document 17, 1995)...... 2887 999...... 2393 numbers are 7050-Public Inspection list and 7051-Table of 12831 (See 997...... 102 Contents list. The public inspection list will be updated Presidential 1005...... 1147 immediately for documents filed on an emergency basis. Determination No. 1011...... 1147 1046...... 1147 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 96±7 of December 1773...... 104 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 17, 1995)...... 2887 3017...... 250 public inspection may be viewed and copied in our office located 12846 (See 3700...... 1827 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand Presidential telephone number is: 301±713±6905 Determination No. Proposed Rules: 96±7 of December 6...... 1233 17, 1995)...... 2887 271...... 1849 FEDERAL REGISTER PAGES AND DATES, JANUARY 12934 (See 272...... 1849 282...... 1849 1±98...... 2 Presidential 284...... 1849 99±246...... 3 Determination No. 96±7 of December 285...... 1849 247±380...... 4 17, 1995)...... 2887 868...... 1013 381±510...... 5 12947 (See Notice of 930...... 21 511±612...... 8 January 18, 1996)...... 1691 985...... 1855 613±690...... 9 12985...... 1209 1485...... 704 691±1012...... 10 12986...... 1691 1789...... 21 1013±1036...... 11 Administrative Orders: 1944...... 1153 1037±1108...... 12 Notice of January 3, 9 CFR 1109±1146...... 16 1996 ...... 383 1147±1206...... 17 12944 (Superseded by 92...... 1697 EO 12984)...... 235 1207±1272...... 18 10 CFR 1273±1518...... 19 12984...... 235 30...... 1109 1519±1696...... 22 Presidential Determination No. 40...... 1109 1697±1826...... 23 96±7 of December 50...... 232 1827±2094...... 24 27, 1995 (See Final 70...... 1109 2095±2390...... 25 Rule of January 3, Proposed Rules: 2391±2658...... 26 1996) ...... 629 2...... 1857 2659±2890...... 29 No. 96±7 of December 26...... 27, 1528 27, 1995 ...... 2887 30...... 295 No. 96±8 of January 4, 31...... 295 1996 ...... 2889 32...... 295 Notice of January 13, 40...... 295 1996 ...... 1693 61...... 633 ii Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Reader Aids

70...... 295 73...... 4 12...... 1829 26 CFR 150...... 1857 91...... 629 24...... 1829 1...... 6, 260, 262, 515, 517, 552 95...... 697 123...... 1829 12 CFR 20...... 515 97 ...... 699, 700, 701, 2715 134...... 1829 23...... 515 3...... 1273 119...... 2608 162...... 258, 1829 24...... 515 207...... 2667 121...... 2608 174...... 1829 25...... 515 220...... 2667 135...... 2608 177...... 1829 27...... 515 221...... 2667 Proposed Rules: 178...... 1829 33...... 515 224...... 2667 Ch. II ...... 1309 181...... 1829 38...... 515 231...... 1273 1...... 1260 191...... 1829 301 ...... 260, 515, 1035 268...... 251 25...... 1260 Proposed Rules: 602 ...... 6, 260, 262, 515, 517 506...... 575 36...... 1260 118...... 1877 510...... 575 Proposed Rules: 39 ...... 131, 133, 134, 634, 636, 1 ...... 28, 338, 552, 1545 512...... 575 20 CFR 637, 640, 1015, 1017, 1289, 31...... 2194, 2214 516...... 575 1291, 1294, 1295, 1298, 416...... 1711 301...... 338 543...... 575 1300, 1301, 1303, 1306, Proposed Rules: 544...... 575 1528, 1532, 1534, 1722, 200...... 1252 27 CFR 545...... 575 2139, 2142, 2144, 2147, 404...... 2654 4...... 522 550...... 575 2151, 2154, 2157, 2160, Proposed Rules: 552...... 575 2163, 2166, 2169, 2172, 21 CFR 556...... 575 4...... 1545 2172, 2178, 2180, 2183, 5...... 2414 563...... 575 5...... 1545, 2459 2186, 2189, 2730 173...... 385, 631 563b...... 575 7...... 1545 71 ...... 513, 548, 549, 550, 551, 175...... 2111 563c ...... 575 9...... 706 1724, 1860, 1861, 1862, 178 ...... 1712, 1829, 1830, 2113 563d...... 575 13...... 1545 1863, 1864, 1866, 1867, 510 ...... 258, 259, 514 565...... 575 19...... 1545, 2459 1868, 1869, 1870, 1871, 522...... 260 566...... 575 24...... 2459 1872, 1873, 1874, 1875, 558 ...... 514, 1831, 24140 567...... 575 25...... 2459 2731 573...... 5 571...... 575 70...... 2459 97...... 1260 862...... 1117 574...... 575 866...... 1117 28 CFR 575...... 575 15 CFR 868...... 1117 583...... 575 49...... 2116 770...... 2099 870...... 1117 584...... 575 540...... 90 771...... 2099 872...... 1117 615...... 1274 542...... 86 772...... 2099 874...... 1117 620...... 1274 545...... 90, 378 773...... 2099 876...... 1117 707...... 114 Proposed Rules: 774...... 2099 878...... 1117 1805...... 1699 540...... 92 775...... 2099 880...... 1117 1806...... 1699 545...... 92 776...... 2099 882...... 1117 Proposed Rules: 785...... 2099 884...... 1117 29 CFR 545...... 1162 786...... 2099 886...... 1117 Ch. XIV ...... 1282 556...... 1162 787...... 2099 888...... 1117 560...... 1162 102...... 1281 799...... 2099 890...... 1117 215...... 386, 2117 563...... 1162 990...... 440 892...... 1117 571...... 1162 2610...... 1126 16 CFR Proposed Rules: 2619...... 1127 13 CFR 1...... 2192 2622...... 1126 1000...... 1707 2...... 2192 101...... 2394 2644...... 1127 1615...... 1115 10...... 2192 102...... 2671 2676...... 1127 1616...... 1116 50...... 2192 103...... 2679 Proposed Rules: Proposed Rules: 101...... 296 105...... 2398 Ch. XIV ...... 2335 1...... 1538 314...... 2739 112...... 2682 102...... 1314 600 ...... 2733, 2739, 2748, 2749 113...... 2682 103...... 1546 17 CFR 601 ...... 2733, 2739, 2748, 2749 114...... 2401 1910...... 1725 11...... 1708 124...... 2682 1915...... 1725 30...... 1709, 2717 22 CFR 132...... 2682 1926...... 1725 33...... 2719 133...... 2394 40...... 1832, 1834 2510...... 1879 140...... 1708 41 ...... 1521, 1832, 1834, 1837 134...... 2682 30 CFR 135...... 2394 Proposed Rules: 42...... 1523, 1834 136...... 2682 210...... 578 43...... 1834 5...... 1678 137...... 2671 228...... 578 44...... 1834 Proposed Rules: 142...... 2691 229...... 578 45...... 1834 48...... 2215 230...... 1312 47...... 1834 914 ...... 1546, 1549, 1551 14 CFR 239...... 578, 1312 925...... 2459 24 CFR 1...... 2080 240...... 578, 1545 23...... 1, 252 249...... 578 25...... 684 31 CFR 35...... 114, 254 270...... 1312, 1313 92...... 1824 1...... 386 39 ...... 116, 511, 613, 617, 622, 202...... 2650 585...... 1282 18 CFR 623, 625, 627, 691, 1274, 203...... 2650 Proposed Rules: 1276, 1278, 1280, 1703, 1301...... 2111 Proposed Rules: 256...... 552 2095, 2403, 2407, 2409, Proposed Rules: 203...... 2644 281...... 2750 2410, 2697, 2699, 2701, Ch. I ...... 705 221...... 2644 356...... 402 2703, 2705, 2706, 2708 35...... 705, 2733 71...3, 120, 121, 232, 255, 513, 25 CFR 32 CFR 514, 693, 694, 695, 696, 19 CFR Proposed Rules: 40b...... 541 1149, 1705, 1706, 2711, 4...... 2412 Ch. V...... 2038 69...... 271 2712, 2713, 2714, 2715 10...... 1829 900...... 2038 234...... 541 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Reader Aids iii

Proposed Rules: 85...... 140 126...... 1035 1253...... 273 199...... 339 86...... 140 128...... 1035 Proposed Rules: 88...... 140 131...... 1035 31...... 234 33 CFR 131...... 2766 132...... 1035 Ch. 1 ...... 8 136...... 1730, 2465 170...... 864 48 CFR 81...... 8 148...... 2338 171...... 864 117...... 1524, 1714 152...... 1883 173...... 864 Proposed Rules: 155...... 1052 180...... 1884 174...... 1035 232...... 1889 165 ...... 544, 2415, 2417, 2418 239...... 2584 175...... 1035 334...... 2117 258...... 2584 308...... 1130 49 CFR 261...... 2338 Proposed Rules: 47 CFR Ch. X...... 1842 67...... 708 268...... 2338 382...... 1842 100...... 1182 271...... 2338 0...... 2727 385...... 1842 117...... 709, 1725 300...... 2772 21...... 2452 391...... 1842 160...... 1183 73...... 2453, 2454 393...... 1842 41 CFR 165...... 136, 2461 94...... 2452 397...... 1842 207...... 33 101±20...... 2121 95...... 1286 541...... 1228 201±1...... 10 Proposed Rules: 571...... 1152, 2004 34 CFR 201±2...... 10 1...... 2465 573...... 274 Proposed Rules: 201±3...... 10 2...... 2465 576...... 274 379...... 1664 201±4...... 10 21...... 2465 577...... 274 64...... 1887, 2228 201±6...... 10 Proposed Rules: 36 CFR 201±7...... 10 68...... 1887 171...... 688 73 ...... 1315, 2469, 2781 291...... 1715 201±17...... 10 195...... 342 76...... 1888, 2781 1253...... 390 201±18...... 10 225...... 1892 94...... 2465 Proposed Rules: 201±20...... 10, 2723 391...... 606 242...... 2463 201±21...... 10 48 CFR 533...... 2228 201±22...... 10 553...... 145 37 CFR 201±24...... 10, 2723 Ch. 1 ...... 2626 201±39...... 10 7...... 2627 Proposed Rules: 8...... 2630 50 CFR 202...... 2463 42 CFR 9...... 2631, 2632 15...... 2084 38 CFR 412...... 2725 11...... 2627 217...... 1846 15 ...... 2633, 2634, 2635 23...... 2454 21...... 1525 413...... 2725 1001...... 2122 19 ...... 2636, 2637, 2638 222...... 17 40 CFR 1004...... 1841 22...... 2454 227...... 17, 1846 28...... 2639 611...... 279 52 ...... 1716, 1718, 1720, 1838, 43 CFR 31...... 2640 625...... 291, 292 2419, 2423, 2428, 2438 37...... 2627 Ch. II ...... 2137 641...... 17 70...... 2720 44...... 2641 642...... 2728 82...... 1284 Public Land Orders: 51...... 2630 7179...... 2137 652...... 293 86...... 122 52 ...... 2454, 2630, 2632, 2633, 663...... 279 88...... 122, 129 7180...... 2138 2637, 2638, 2639, 2641 7181...... 2138 672...... 2457 180...... 2120 225...... 130 675...... 20 185...... 2446 Proposed Rules: 252...... 130 676...... 1844 271...... 2450 10010...... 2219 505...... 1150 Proposed Rules: 282 .....1211, 1213, 1216, 1220, 519...... 1150 16...... 1893 1223 45 CFR 520...... 1150 17...... 35 300...... 2451 96...... 1492, 2335 532...... 1150 20...... 2470 372...... 2722 Proposed Rules: 533...... 1150 100...... 2463 Proposed Rules: 301...... 2774 552...... 1150 301...... 2782 Ch. I ...... 2216 302...... 2774 801...... 1526 611...... 2787 52 ...... 1727, 1880, 2464, 2751, 303...... 2774 802...... 1526 625...... 1893 2760 304...... 2774 803...... 1526 646...... 2481 55...... 2761 306...... 2774 806...... 1526 651...... 710 61...... 2765 307...... 2774 1213...... 391 655...... 2787 70...... 2216, 2465 1215...... 273 663...... 1739 76...... 1442 46 CFR 1237...... 391 81...... 2760 Ch. I ...... 864 1252...... 273, 391 iv Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Reader Aids

REMINDERS Effectve date confirmation; Missouri; comments due by The rules and proposed rules furlough; published 1-25- COMMENTS DUE NEXT 2-5-96; published 12-20- in this list were editorially 96 WEEK 95 compiled as an aid to Federal NATIONAL CREDIT UNION Television broadcasting: Register users. Inclusion or ADMINISTRATION AGRICULTURE Cable television services; exclusion from this list has no definitions for purposes of Credit unions: DEPARTMENT legal significance. cable television must-carry Agricultural Marketing Insurance requirements-- rules; comments due by Service 2-5-96; published 1-24-96 RULES GOING INTO Federal credit unions and Melons grown in Texas; EFFECT TODAY federally insured State- comments due by 2-5-96; FEDERAL RESERVE chartered credit unions; published 1-4-96 SYSTEM regulations and International banking AGRICULTURE AGRICULTURE requirements operations (Regulation K): DEPARTMENT DEPARTMENT consolidation; published Foreign banks home state Agricultural Marketing 11-28-95 Commodity Credit Service Corporation selection under Interstate Filberts/hazelnuts grown in Federal credit unions and Act; comments due by 2- federally insured State- Loan and purchase programs: 5-96; published 12-28-95 Oregon and Washington; Foreign markets for chartered credit unions; Truth in lending (Regulation published 1-29-96 agricultural commodities; regulations and Z): AGRICULTURE requirements development agreements; Consumer credit; finance DEPARTMENT consolidation; correction; comments due by 2-9-96; charges; comments due Rural Utilities Service published 12-12-95 published 1-10-96 Electric loans: by 2-9-96; published 12- PENSION BENEFIT AGRICULTURE 21-95 Electric distribution DEPARTMENT GUARANTY CORPORATION HEALTH AND HUMAN borrowers; loan contracts; Food and Consumer Service Privacy Act; implementation; SERVICES DEPARTMENT policies and requirements; Food distribution program: published 12-29-95 published 12-29-95 Health Care Financing Donation of foods for use in Administration ENVIRONMENTAL TRANSPORTATION U.S., territories, and PROTECTION AGENCY DEPARTMENT possessions, and areas Medicare: Air pollution; standards of Federal Aviation under jurisdiction-- Additional supplier performance for new Administration Disaster and distress standards; comments due stationary sources: by 2-9-96; published 12- Airworthiness directives: situations; food Municipal waste combustors; assistance; comments 11-95 published 12-19-95 Boeing; published 1-23-96 due by 2-6-96; Physician fee schedule (1996 CY); payment FEDERAL TRANSPORTATION published 12-8-95 policies and relative value COMMUNICATIONS DEPARTMENT COMMERCE DEPARTMENT COMMISSION unit adjustments; National Oceanic and Common carrier services: National Highway Traffic comments due by 2-6-96; Safety Administration Atmospheric Administration published 12-8-95 Foreign carriers or affiliates; Fishery conservation and Motor vehicle safety Skilled nursing facilities and participation in U.S. management: market in international standards: home health agencies; Pacific Coast groundfish; uniform electronic cost facilities-based services; Lamps, reflective devices, comments due by 2-5-96; reporting requirements; published 12-29-95 and associated published 1-4-96 comments due by 2-5-96; Organization, functions, and equipment-- authority delegations: ENERGY DEPARTMENT published 12-5-95 Headlamps; dimensional Workplace Diversity Office; Federal Energy Regulatory INTERIOR DEPARTMENT and specification Commission published 1-29-96 information; published Minerals Management Federal Power Act: Radio stations; table of 11-28-95 Service assignments: Real-time information Royalty management: TREASURY DEPARTMENT West Virginia; published 12- networks and standards of Federal leases; natural gas 20-95 Customs Service conduct; comments due valuation regulations; by 2-5-96; published 12- FEDERAL RETIREMENT Organization and functions; amendments 21-95 THRIFT INVESTMENT field organization, ports of Meeting; comments due BOARD entry, etc.: Practice and procedure: by 2-5-96; published Thrift savings plan: Hydroelectric projects; 12-13-95 Consolidated Port of relicensing procedures; District of Columbia Philadelphia; name INTERIOR DEPARTMENT Financial Responsibility rulemaking petition; change to Consolidated National Park Service and Management comments due by 2-5-96; Port of Delaware River published 1-10-96 National Park System: Authority employees and Bay; published 12-28- participation; published 1- 95 ENVIRONMENTAL Alaska; protection of wildlife 29-96 PROTECTION AGENCY and other values and Sioux Falls, SD; port of GENERAL SERVICES Pesticides; tolerances in food, purposes on all navigable entry designation; ADMINISTRATION animal feeds, and raw waters within park published 12-28-95 boundaries, regardless of Federal Information Resources agricultural commodities: ownership of submerged Management Regulation: Recordkeeping, inspection, Maleic hydrazide, etc.; lands; comments due by search, and seizure: comments due by 2-5-96; Procurement authority 2-5-96; published 12-5-95 delegations; requirements; Customs Modernization Act published 12-6-95 LABOR DEPARTMENT published 1-29-96 (MOD); implementation-- FEDERAL LABOR DEPARTMENT Seizure of merchandise, COMMUNICATIONS Mine Safety and Health Federal transit law guidelines; mandatory and COMMISSION Administration interests of employees permissive; published Radio stations; table of Coal mine safety and health: affected; protection: 12-28-95 assignments: Underground coal mines-- Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Reader Aids v

Flame-resistant conveyor Living in the same British Aerospace; Hazardous liquid belts; requirements for household (LISH) and comments due by 2-7-96; transportation-- approval; comments lump-sum death payment published 1-3-96 due by 2-5-96; (LSDP) rules; revision; Jetstream; comments due Open head fiber drum published 12-20-95 comments due by 2-5-96; by 2-9-96; published 11- packaging; extension of authority for shipping; LABOR DEPARTMENT published 12-6-95 28-95 comments due by 2-5- Supplemental security income: Sensenich Propeller Pension and Welfare 96; published 1-9-96 Benefits Administration Aged, blind, and disabled-- Manufacturing Co., Inc.; comments due by 2-5-96; TREASURY DEPARTMENT Employee Retirement Income Income exclusions; published 12-7-95 Security Act: comments due by 2-5- TRANSPORTATION Comptroller of the Currency 96; published 12-6-95 Plan assets; participant DEPARTMENT contributions; comments TRANSPORTATION Federal Highway National banks; extension of due by 2-5-96; published DEPARTMENT Administration credit to insiders and 12-20-95 Coast Guard Engineering and traffic transactions with affiliates; comments due by 2-9-96; LIBRARY OF CONGRESS Navigation aids: operations: Copyright Office, Library of published 12-11-95 Lights on artificial islands Public lands highways Congress and fixed structures and funds; elimination; CFR TREASURY DEPARTMENT Copyright claims; group other facilities; part removed; comments registration of photographs; conformance to IALA due by 2-5-96; published Fiscal Service 12-6-95 comments due by 2-9-96; standards; comments due published 1-26-96 Motor carrier safety standards: Financial management by 2-9-96; published 1-10- services: NATIONAL LABOR 96 Driver qualifications-- Vision and diabetes; RELATIONS BOARD Regattas and marine parades: Payments under Judgments Requested single location limited exemptions; and Private Relief Acts; Permit application comments due by 2-7- bargaining units in procedures; comments claims procedures; representation cases; 96; published 1-8-96 comments due by 2-7-96; due by 2-9-96; published TRANSPORTATION appropriateness; comments 12-26-95 published 1-8-96 due by 2-8-96; published 1- DEPARTMENT 22-96 TRANSPORTATION National Highway Traffic DEPARTMENT Safety Administration PERSONNEL MANAGEMENT OFFICE Military personnel: Motor vehicle safety LIST OF PUBLIC LAWS standards: Employment: Coast Guard Military Manufacturers' obligations to Records Correction Board; Note: No public bills which Federal employment provide notification and final decisions have become law were information; agency remedy without charge to reconsideration; comments received by the Office of the funding; comments due by owners of vehicles or due by 2-9-96; published Federal Register for inclusion 2-7-96; published 1-8-96 items not complying with 12-11-95 in today's List of Public SOCIAL SECURITY safety standards; Laws. A cumulative list of ADMINISTRATION TRANSPORTATION comments due by 2-5-96; DEPARTMENT Public Laws for the First Social security benefits: published 1-4-96 Session of the 104th Elementary or secondary Federal Aviation TRANSPORTATION Administration Congress will be published in school students, full-time; DEPARTMENT Part I of the Federal Register Airworthiness directives: revisions; comments due Research and Special on February 1, 1996. by 2-5-96; published 12-7- Boeing; comments due by Programs Administration 95 2-5-96; published 12-5-95 Hazardous materials: Last List January 18, 1996 vi Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Reader Aids

CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–026–00042–5) ...... 33.00 Jan. 1, 1995 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–026–00043–3) ...... 27.00 Jan. 1, 1995 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–026–00044–1) ...... 13.00 Jan. 1, 1995 numbers, prices, and revision dates. 200–1199 ...... (869–026–00045–0) ...... 23.00 Jan. 1, 1995 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–026–00046–8) ...... 16.00 Jan. 1, 1995 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–026–00047–6) ...... 15.00 Jan. 1, 1995 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–026–00048–4) ...... 26.00 Jan. 1, 1995 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–026–00049–2) ...... 21.00 Jan. 1, 1995 Affected), which is revised monthly. 16 Parts: The annual rate for subscription to all revised volumes is $883.00 0–149 ...... (869–026–00050–6) ...... 7.00 Jan. 1, 1995 domestic, $220.75 additional for foreign mailing. 150–999 ...... (869–026–00051–4) ...... 19.00 Jan. 1, 1995 Mail orders to the Superintendent of Documents, Attn: New Orders, 1000–End ...... (869–026–00052–2) ...... 25.00 Jan. 1, 1995 P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be accompanied by remittance (check, money order, GPO Deposit 17 Parts: Account, VISA, or Master Card). Charge orders may be telephoned 1–199 ...... (869–026–00054–9) ...... 20.00 Apr. 1, 1995 ...... to the GPO Order Desk, Monday through Friday, at (202) 512±1800 200–239 (869–026–00055–7) 24.00 Apr. 1, 1995 ...... from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your charge orders 240–End (869–026–00056–5) 30.00 Apr. 1, 1995 to (202) 512-2233. 18 Parts: Title Stock Number Price Revision Date 1–149 ...... (869–026–00057–3) ...... 16.00 Apr. 1, 1995 150–279 ...... (869–026–00058–1) ...... 13.00 Apr. 1, 1995 1, 2 (2 Reserved) ...... (869–026–00001–8) ...... $5.00 Jan. 1, 1995 280–399 ...... (869–026–00059–0) ...... 13.00 Apr. 1, 1995 3 (1994 Compilation 400–End ...... (869–026–00060–3) ...... 11.00 Apr. 1, 1995 and Parts 100 and 19 Parts: 1 101) ...... (869–026–00002–6) ...... 40.00 Jan. 1, 1995 1–140 ...... (869–026–00061–1) ...... 25.00 Apr. 1, 1995 4 ...... (869–026–00003–4) ...... 5.50 Jan. 1, 1995 141–199 ...... (869–026–00062–0) ...... 21.00 Apr. 1, 1995 200–End ...... (869–026–00063–8) ...... 12.00 Apr. 1, 1995 5 Parts: 1–699 ...... (869–026–00004–2) ...... 23.00 Jan. 1, 1995 20 Parts: 700–1199 ...... (869–026–00005–1) ...... 20.00 Jan. 1, 1995 1–399 ...... (869–026–00064–6) ...... 20.00 Apr. 1, 1995 1200–End, 6 (6 400–499 ...... (869–026–00065–4) ...... 34.00 Apr. 1, 1995 Reserved) ...... (869–026–00006–9) ...... 23.00 Jan. 1, 1995 500–End ...... (869–026–00066–2) ...... 34.00 Apr. 1, 1995 7 Parts: 21 Parts: 0–26 ...... (869–026–00007–7) ...... 21.00 Jan. 1, 1995 1–99 ...... (869–026–00067–1) ...... 16.00 Apr. 1, 1995 27–45 ...... (869–026–00008–5) ...... 14.00 Jan. 1, 1995 100–169 ...... (869–026–00068–9) ...... 21.00 Apr. 1, 1995 46–51 ...... (869–026–00009–3) ...... 21.00 Jan. 1, 1995 170–199 ...... (869–026–00069–7) ...... 22.00 Apr. 1, 1995 52 ...... (869–026–00010–7) ...... 30.00 Jan. 1, 1995 200–299 ...... (869–026–00070–1) ...... 7.00 Apr. 1, 1995 53–209 ...... (869–026–00011–5) ...... 25.00 Jan. 1, 1995 300–499 ...... (869–026–00071–9) ...... 39.00 Apr. 1, 1995 210–299 ...... (869–026–00012–3) ...... 34.00 Jan. 1, 1995 500–599 ...... (869–026–00072–7) ...... 22.00 Apr. 1, 1995 300–399 ...... (869–026–00013–1) ...... 16.00 Jan. 1, 1995 600–799 ...... (869–026–00073–5) ...... 9.50 Apr. 1, 1995 400–699 ...... (869–026–00014–0) ...... 21.00 Jan. 1, 1995 800–1299 ...... (869–026–00074–3) ...... 23.00 Apr. 1, 1995 700–899 ...... (869–026–00015–8) ...... 23.00 Jan. 1, 1995 1300–End ...... (869–026–00075–1) ...... 13.00 Apr. 1, 1995 900–999 ...... (869–026–00016–6) ...... 32.00 Jan. 1, 1995 1000–1059 ...... (869–026–00017–4) ...... 23.00 Jan. 1, 1995 22 Parts: 1060–1119 ...... (869–026–00018–2) ...... 15.00 Jan. 1, 1995 1–299 ...... (869–026–00076–0) ...... 33.00 Apr. 1, 1995 1120–1199 ...... (869–026–00019–1) ...... 12.00 Jan. 1, 1995 300–End ...... (869–026–00077–8) ...... 24.00 Apr. 1, 1995 1200–1499 ...... (869–026–00020–4) ...... 32.00 Jan. 1, 1995 23 ...... (869–026–00078–6) ...... 22.00 Apr. 1, 1995 1500–1899 ...... (869–026–00021–2) ...... 35.00 Jan. 1, 1995 24 Parts: 1900–1939 ...... (869–026–00022–1) ...... 16.00 Jan. 1, 1995 ...... 1940–1949 ...... (869–026–00023–9) ...... 30.00 Jan. 1, 1995 0–199 (869–026–00079–4) 40.00 Apr. 1, 1995 1950–1999 ...... (869–026–00024–7) ...... 40.00 Jan. 1, 1995 200–219 ...... (869–026–00080–8) ...... 19.00 Apr. 1, 1995 2000–End ...... (869–026–00025–5) ...... 14.00 Jan. 1, 1995 220–499 ...... (869–026–00081–6) ...... 23.00 Apr. 1, 1995 500–699 ...... (869–026–00082–4) ...... 20.00 Apr. 1, 1995 8 ...... (869–026–00026–3) ...... 23.00 Jan. 1, 1995 700–899 ...... (869–026–00083–2) ...... 24.00 Apr. 1, 1995 9 Parts: 900–1699 ...... (869–026–00084–1) ...... 24.00 Apr. 1, 1995 1–199 ...... (869–026–00027–1) ...... 30.00 Jan. 1, 1995 1700–End ...... (869–026–00085–9) ...... 17.00 Apr. 1, 1995 200–End ...... (869–026–00028–0) ...... 23.00 Jan. 1, 1995 25 ...... (869–026–00086–7) ...... 32.00 Apr. 1, 1995 10 Parts: 26 Parts: 0–50 ...... (869–026–00029–8) ...... 30.00 Jan. 1, 1995 §§ 1.0-1–1.60 ...... (869–026–00087–5) ...... 21.00 Apr. 1, 1995 51–199 ...... (869–026–00030–1) ...... 23.00 Jan. 1, 1995 §§ 1.61–1.169 ...... (869–026–00088–3) ...... 34.00 Apr. 1, 1995 200–399 ...... (869–026–00031–0) ...... 15.00 6Jan. 1, 1993 §§ 1.170–1.300 ...... (869–026–00089–1) ...... 24.00 Apr. 1, 1995 400–499 ...... (869–026–00032–8) ...... 21.00 Jan. 1, 1995 §§ 1.301–1.400 ...... (869–026–00090–5) ...... 17.00 Apr. 1, 1995 500–End ...... (869–026–00033–6) ...... 39.00 Jan. 1, 1995 §§ 1.401–1.440 ...... (869–026–00091–3) ...... 30.00 Apr. 1, 1995 11 ...... (869–026–00034–4) ...... 14.00 Jan. 1, 1995 §§ 1.441-1.500 ...... (869-026-00092-1) ...... 22.00 Apr. 1, 1995 §§ 1.501–1.640 ...... (869–026–00093–0) ...... 21.00 Apr. 1, 1995 12 Parts: §§ 1.641–1.850 ...... (869–026–00094–8) ...... 25.00 Apr. 1, 1995 1–199 ...... (869–026–00035–2) ...... 12.00 Jan. 1, 1995 §§ 1.851–1.907 ...... (869–026–00095–6) ...... 26.00 Apr. 1, 1995 200–219 ...... (869–026–00036–1) ...... 16.00 Jan. 1, 1995 §§ 1.908–1.1000 ...... (869–026–00096–4) ...... 27.00 Apr. 1, 1995 220–299 ...... (869–026–00037–9) ...... 28.00 Jan. 1, 1995 §§ 1.1001–1.1400 ...... (869–026–00097–2) ...... 25.00 Apr. 1, 1995 300–499 ...... (869–026–00038–7) ...... 23.00 Jan. 1, 1995 §§ 1.1401–End ...... (869–026–00098–1) ...... 33.00 Apr. 1, 1995 500–599 ...... (869–026–00039–5) ...... 19.00 Jan. 1, 1995 2–29 ...... (869–026–00099–9) ...... 25.00 Apr. 1, 1995 ...... 600–End (869–026–00040–9) 35.00 Jan. 1, 1995 30–39 ...... (869–026–00100–6) ...... 18.00 Apr. 1, 1995 13 ...... (869–026–00041–7) ...... 32.00 Jan. 1, 1995 40–49 ...... (869–026–00101–4) ...... 14.00 Apr. 1, 1995 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Reader Aids vii

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 50–299 ...... (869–026–00102–2) ...... 14.00 Apr. 1, 1995 400–424 ...... (869–026–00155–3) ...... 26.00 July 1, 1995 300–499 ...... (869–026–00103–1) ...... 24.00 Apr. 1, 1995 425–699 ...... (869–026–00156–1) ...... 30.00 July 1, 1995 500–599 ...... (869–026–00104–9) ...... 6.00 4 Apr. 1, 1990 700–789 ...... (869–026–00157–0) ...... 25.00 July 1, 1995 600–End ...... (869–026–00105–7) ...... 8.00 Apr. 1, 1995 790–End ...... (869–026–00158–8) ...... 15.00 July 1, 1995 27 Parts: 41 Chapters: 1–199 ...... (869–026–00106–5) ...... 37.00 Apr. 1, 1995 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 200–End ...... (869–026–00107–3) ...... 13.00 8Apr. 1, 1994 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 3–6 ...... 14.00 3 July 1, 1984 28 Parts: ...... 7 ...... 6.00 3 July 1, 1984 1-42 ...... (869–026–00108–1) ...... 27.00 July 1, 1995 8 ...... 4.50 3 July 1, 1984 43-end ...... (869-026-00109-0) ...... 22.00 July 1, 1995 9 ...... 13.00 3 July 1, 1984 29 Parts: 10–17 ...... 9.50 3 July 1, 1984 0–99 ...... (869–026–00110–3) ...... 21.00 July 1, 1995 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 100–499 ...... (869–026–00111–1) ...... 9.50 July 1, 1995 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 500–899 ...... (869–026–00112–0) ...... 36.00 July 1, 1995 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–026–00113–8) ...... 17.00 July 1, 1995 19–100 ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1901.1 to 1–100 ...... (869–026–00159–6) ...... 9.50 July 1, 1995 1910.999) ...... (869–026–00114–6) ...... 33.00 July 1, 1995 101 ...... (869–026–00160–0) ...... 29.00 July 1, 1995 1910 (§§ 1910.1000 to 102–200 ...... (869–026–00161–8) ...... 15.00 July 1, 1995 end) ...... (869–026–00115–4) ...... 22.00 July 1, 1995 201–End ...... (869–026–00162–6) ...... 13.00 July 1, 1995 1911–1925 ...... (869–026–00116–2) ...... 27.00 July 1, 1995 42 Parts: 1926 ...... (869–026–00117–1) ...... 35.00 July 1, 1995 1–399 ...... (869–022–00160–4) ...... 24.00 Oct. 1, 1994 1927–End ...... (869–026–00118–9) ...... 36.00 July 1, 1995 *400–429 ...... (869–026–00164–2) ...... 26.00 Oct. 1, 1995 30 Parts: 430–End ...... (869–022–00162–1) ...... 36.00 Oct. 1, 1994 1–199 ...... (869–026–00119–7) ...... 25.00 July 1, 1995 43 Parts: 200–699 ...... (869–026–00120–1) ...... 20.00 July 1, 1995 1–999 ...... (869–026–00166–9) ...... 23.00 Oct. 1, 1995 700–End ...... (869–026–00121–9) ...... 30.00 July 1, 1995 *1000–3999 ...... (869–026–00167–7) ...... 31.00 Oct. 1, 1995 31 Parts: 4000–End ...... (869–026–00168–5) ...... 15.00 Oct. 1, 1995 0–199 ...... (869–026–00122–7) ...... 15.00 July 1, 1995 44 ...... (869–022–00166–3) ...... 27.00 Oct. 1, 1994 200–End ...... (869–026–00123–5) ...... 25.00 July 1, 1995 45 Parts: 32 Parts: 2 1–199 ...... (869–022–00170–7) ...... 22.00 Oct. 1, 1995 1–39, Vol. I ...... 15.00 July 1, 1984 200–499 ...... (869–026–00171–5) ...... 14.00 Oct. 1, 1995 1–39, Vol. II ...... 19.00 2 July 1, 1984 2 500–1199 ...... (869–026–00172–3) ...... 23.00 Oct. 1, 1995 1–39, Vol. III ...... 18.00 July 1, 1984 *1200–End ...... (869–026–00173–1) ...... 26.00 Oct. 1, 1995 1–190 ...... (869–026–00124–3) ...... 32.00 July 1, 1995 191–399 ...... (869–026–00125–1) ...... 38.00 July 1, 1995 46 Parts: 400–629 ...... (869–026–00126–0) ...... 26.00 July 1, 1995 1–40 ...... (869–022–00171–0) ...... 20.00 Oct. 1, 1994 630–699 ...... (869–026–00127–8) ...... 14.00 5 July 1, 1991 41–69 ...... (869–022–00172–8) ...... 16.00 Oct. 1, 1994 700–799 ...... (869–026–00128–6) ...... 21.00 July 1, 1995 70–89 ...... (869–022–00173–6) ...... 8.50 Oct. 1, 1994 800–End ...... (869–026–00129–4) ...... 22.00 July 1, 1995 90–139 ...... (869–022–00174–4) ...... 15.00 Oct. 1, 1994 140–155 ...... (869–026–00178–2) ...... 12.00 Oct. 1, 1995 33 Parts: 156–165 ...... (869–022–00176–1) ...... 17.00 7Oct. 1, 1993 1–124 ...... (869–026–00130–8) ...... 20.00 July 1, 1995 166–199 ...... (869–022–00177–9) ...... 17.00 Oct. 1, 1994 125–199 ...... (869–026–00131–6) ...... 27.00 July 1, 1995 200–499 ...... (869–022–00178–7) ...... 21.00 Oct. 1, 1994 200–End ...... (869–026–00132–4) ...... 24.00 July 1, 1995 500–End ...... (869–026–00182–1) ...... 13.00 Oct. 1, 1995 34 Parts: 47 Parts: 1–299 ...... (869–026–00133–2) ...... 25.00 July 1, 1995 0–19 ...... (869–022–00180–9) ...... 25.00 Oct. 1, 1994 300–399 ...... (869–026–00134–1) ...... 21.00 July 1, 1995 20–39 ...... (869–026–00184–7) ...... 21.00 Oct. 1, 1995 400–End ...... (869–026–00135–9) ...... 37.00 July 5, 1995 40–69 ...... (869–022–00182–5) ...... 14.00 Oct. 1, 1994 35 ...... (869–026–00136–7) ...... 12.00 July 1, 1995 *70–79 ...... (869–026–00186–3) ...... 24.00 Oct. 1, 1995 80–End ...... (869–022–00184–1) ...... 26.00 Oct. 1, 1994 36 Parts 1–199 ...... (869–026–00137–5) ...... 15.00 July 1, 1995 48 Chapters: 200–End ...... (869–026–00138–3) ...... 37.00 July 1, 1995 1 (Parts 1–51) ...... (869–022–00185–0) ...... 36.00 Oct. 1, 1994 1 (Parts 52–99) ...... (869–022–00186–8) ...... 23.00 Oct. 1, 1994 37 ...... (869–026–00139–1) ...... 20.00 July 1, 1995 2 (Parts 201–251) ...... (869–022–00187–6) ...... 16.00 Oct. 1, 1994 38 Parts: 2 (Parts 252–299) ...... (869–022–00188–4) ...... 13.00 Oct. 1, 1994 0–17 ...... (869–026–00140–5) ...... 30.00 July 1, 1995 3–6 ...... (869–022–00189–2) ...... 23.00 Oct. 1, 1994 18–End ...... (869–026–00141–3) ...... 30.00 July 1, 1995 7–14 ...... (869–022–00190–6) ...... 30.00 Oct. 1, 1994 39 ...... (869–026–00142–1) ...... 17.00 July 1, 1995 15–28 ...... (869–022–00191–4) ...... 32.00 Oct. 1, 1994 29–End ...... (869–022–00192–2) ...... 17.00 Oct. 1, 1994 40 Parts: 1–51 ...... (869–026–00143–0) ...... 40.00 July 1, 1995 49 Parts: 52 ...... (869–026–00144–8) ...... 39.00 July 1, 1995 1–99 ...... (869–026–00196–1) ...... 25.00 Oct. 1, 1995 53–59 ...... (869–026–00145–6) ...... 11.00 July 1, 1995 100–177 ...... (869–022–00194–9) ...... 30.00 Oct. 1, 1994 60 ...... (869-026-00146-4) ...... 36.00 July 1, 1995 178–199 ...... (869–022–00195–7) ...... 21.00 Oct. 1, 1994 61–71 ...... (869–026–00147–2) ...... 36.00 July 1, 1995 200–399 ...... (869–022–00196–5) ...... 30.00 Oct. 1, 1994 72–85 ...... (869–026–00148–1) ...... 41.00 July 1, 1995 400–999 ...... (869–022–00197–3) ...... 35.00 Oct. 1, 1994 86 ...... (869–026–00149–9) ...... 40.00 July 1, 1995 1000–1199 ...... (869–026–00201–1) ...... 18.00 Oct. 1, 1995 87–149 ...... (869–026–00150–2) ...... 41.00 July 1, 1995 1200–End ...... (869–026–00202–9) ...... 15.00 Oct. 1, 1995 150–189 ...... (869–026–00151–1) ...... 25.00 July 1, 1995 50 Parts: 190–259 ...... (869–026–00152–9) ...... 17.00 July 1, 1995 1–199 ...... (869–022–00200–7) ...... 25.00 Oct. 1, 1994 260–299 ...... (869–026–00153–7) ...... 40.00 July 1, 1995 *200–599 ...... (869–026–00204–5) ...... 22.00 Oct. 1, 1995 300–399 ...... (869–026–00154–5) ...... 21.00 July 1, 1995 600–End ...... (869–022–00202–3) ...... 27.00 Oct. 1, 1994 viii Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Reader Aids

Title Stock Number Price Revision Date CFR Index and Findings Aids ...... (869–026–00053–1) ...... 36.00 Jan. 1, 1995 Complete 1996 CFR set ...... 883.00 1996 Microfiche CFR Edition: Subscription (mailed as issued) ...... 264.00 1996 Individual copies ...... 1.00 1996 Complete set (one-time mailing) ...... 264.00 1995 Complete set (one-time mailing) ...... 244.00 1994 Complete set (one-time mailing) ...... 223.00 1993 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period Apr. 1, 1990 to Mar. 31, 1995. The CFR volume issued April 1, 1990, should be retained. 5 No amendments to this volume were promulgated during the period July 1, 1991 to June 30, 1995. The CFR volume issued July 1, 1991, should be retained. 6 No amendments to this volume were promulgated during the period January 1, 1993 to December 31, 1994. The CFR volume issued January 1, 1993, should be retained. 7 No amendments to this volume were promulgated during the period October 1, 1993, to September 30, 1994. The CFR volume issued October 1, 1993, should be retained. 8 No amendments to this volume were promulgated during the period April 1, 1994 to March 31, 1995. The CFR volume issued April 1, 1994, should be retained.