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2 III

Contents Federal Register Vol. 62, No. 222

Tuesday, November 18, 1997

Agency for Health Care Policy and Research Employment and Training Administration NOTICES RULES Organization, functions, and authority delegations: Welfare-to-work grants; governing provisions, 61587–61613 Practice and Technology Assessment Center et al., NOTICES 61511–61512 Grants and cooperative agreements; availability, etc.: Job Training Partnership Act— Agriculture Department Title III demonstration program; labor organization See Animal and Plant Health Inspection Service adjustment assistance; correction, 61552 See Farm Service Agency See Forest Service Energy Department See Natural Resources Conservation Service See Federal Energy Regulatory Commission See Rural Housing Service NOTICES Privacy Act: Air Force Department Systems of records, 61497 NOTICES Privacy Act: Environmental Protection Agency Systems of records, 61495–61497 RULES Pesticides; tolerances in food, animal feeds, and raw Animal and Plant Health Inspection Service agricultural commodities: RULES Fenarimol, 61441–61447 Exportation and importation of animals and animal PROPOSED RULES products: Air pollution; standards of performance for new stationary Bovine spongiform encephalopathy; disease status sources: change— Test methods and performance specifications; editorial Belgium, 61433–61434 changes and technical corrections, 61483–61484 Air pollution control; new motor vehicles and engines: Children and Families Administration Nonroad diesel engines; emission standards, 61482– NOTICES 61483 Agency information collection activities: Clean Air Act: Submission for OMB review; comment request, 61512– Acid rain program— 61513 Nitrogen oxides emissions trading program; public workshops, 61483 Coast Guard NOTICES PROPOSED RULES Clean Air Act: Merchant marine officers and seamen: Acid rain program— Towing vessels; manning and licensing requirements for Nitrogen oxides, etc.; permits and permit officers modifications, 61501–61502 Correction, 61585 Opt-in permits, 61503–61504 NOTICES Phase II permits, 61502–61503 Meetings: Superfund; response and remedial actions, proposed Houston/Galveston Navigation Safety Advisory settlements, etc.: Committee, 61573–61574 Smith’s Farm Site, KY, 61504 Commerce Department Farm Service Agency See National Institute of Standards and Technology NOTICES See National Oceanic and Atmospheric Administration Agency information collection activities: NOTICES Proposed collection; comment request, 61485 Agency information collection activities: Submission for OMB review; comment request, 61489– Federal Aviation Administration 61490 RULES Privacy Act: Airworthiness directives: Systems of records, 61490–61491 Allison Engine Co., 61438–61441 Bombardier, 61436–61438 Defense Department Dornier, 61434–61436 See Air Force Department PROPOSED RULES NOTICES Atlantic high offshore airspace area, 61458–61459 Civilian health and medical program of uniformed services NOTICES (CHAMPUS): Airport noise compatibility program: Cancer treatment clinical trials demonstration project; Naples Municipal Airport, FL, 61574–61578 extension, 61494–61495 Environmental statements; availability, etc.: Grants and cooperative agreements; availability, etc.: Palm Beach International Airport, FL, 61578 Institutions of higher education ineligible for Federal Meetings: funds; list, 61495 Aviation Rulemaking Advisory Committee, 61578 IV Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Contents

Passenger facility charges; applications, etc.: Fish and Wildlife Service Spencer Municipal Airport, IA, 61578–61579 NOTICES Endangered and threatened species permit applications, Federal Communications Commission 61521 RULES Environmental statements; availability, etc.: Common carrier services: Incidental take permits— Satellite communications— Baldwin County, AL; Alabama beach mouse, 61522– Ka-band satellite application and licensing procedures, 61523 61448–61457 San Bernadino County, CA; desert tortoise, etc., 61523– Practice and procedure: 61524 Radiofrequency electromagnetic fields; environmental effects; evaluation guidelines Food and Drug Administration Correction, 61447–61448 PROPOSED RULES NOTICES Food for human consumption: Agency information collection activities: Food labeling— Proposed collection; comment request, 61505 Baking powder, baking soda, pectin; reference amount and serving size, 61476–61481 Federal Emergency Management Agency NOTICES NOTICES Harmonisation International Conference; guidelines Disaster and emergency areas: availability: Nebraska, 61505–61506 Pharmaceuticals— Meetings: Chronic toxicity testing in animals (rodent and Radiological emergency preparedness program strategic nonrodent toxicity testing); duration, 61513–61515 review; stakeholders, 61506 Preclinical safety evaluation of biotechnology-derived Federal Energy Regulatory Commission pharmaceuticals, 61515–61519 PROPOSED RULES Forest Service Natural Gas Policy Act: NOTICES Interstate natural gas pipelines— Appealable decisions; legal notices: Business practice standards, 61459–61476 NOTICES Northern region, 61485–61486 Applications, hearings, determinations, etc.: Southern region, 61486–61488 Central Nebraska Public Power and Irrigation District et Geological Survey al., 61497–61498 Columbia Gas Transmission Corp., 61498 NOTICES Columbia Gulf Transmission Co., 61498 Federal Geographic Data Committee: Cove Point LNG L.P., 61498–61499 Utilities data content standard; public review, 61524 Equitrans, L.P., 61499 Health and Human Services Department Kern River Gas Transmission Co., 61499 See Agency for Health Care Policy and Research KN Wattenberg Transmission LLC, 61499 Koch Gateway Pipeline Co., 61499–61500 See Children and Families Administration NorAm Gas Transmission Co., 61500 See Food and Drug Administration Texas-Ohio Pipeline, Inc., 61500 See National Institutes of Health WestGas InterState, Inc., 61501 See Public Health Service Federal Housing Finance Board Housing and Urban Development Department NOTICES RULES Meetings; Sunshine Act, 61506 Single Audit Act Amendments of 1996; implementation: Audits of States, local governments, and non-profit Federal Reserve System organizations expending Federal awards, 61616– NOTICES 61618 Banks and bank holding companies: Change in bank control; correction, 61506 Immigration and Naturalization Service Formations, acquisitions, and mergers, 61506–61507 NOTICES Permissible nonbanking activities, 61507 Agency information collection activities: Meetings; Sunshine Act, 61507 Submission for OMB review; comment request, 61526– 61548 Federal Trade Commission NOTICES Interior Department Premerger notification waiting periods; early terminations, See Fish and Wildlife Service 61507–61511 See Geological Survey Prohibited trade practices: See Land Management Bureau Jenny Craig, Inc., et al., 61511 See National Park Service See Surface Mining Reclamation and Enforcement Office Federal Transit Administration NOTICES Justice Department Environmental statements; notice of intent: See Immigration and Naturalization Service North Seattle and SeaTac, WA; Central Light Rail Transit See Justice Programs Office Line, 61579–61580 See Juvenile Justice and Delinquency Prevention Office Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Contents V

Justice Programs Office Natural Resources Conservation Service NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Environmental statements; availability, etc.: Hate crime statistics improvement program, 61549–61551 XCS-56 Plowed Terrace Demonstration Project, LA, 61488–61489 Juvenile Justice and Delinquency Prevention Office NOTICES Nuclear Regulatory Commission Agency information collection activities: NOTICES Submission for OMB review; comment request, 61551– Environmental statements; availability, etc.: 61552 Hydro Resources, Inc.; correction, 61556–61557 Meetings; Sunshine Act, 61557–61558 Labor Department Applications, hearings, determinations, etc.: See Employment and Training Administration Frontier Production Logging, Inc., 61553–61555 See Occupational Safety and Health Administration Pacific Gas & Electric Co., 61555–61556 NOTICES North American Agreement on Labor Cooperation: Occupational Safety and Health Administration Operation and effectiveness; comment request, 61552 NOTICES Meetings: Land Management Bureau Metalworking Fluids Standards Advisory Committee, NOTICES 61552–61553 Public land classification termination and airport Occupational Safety and Health National Advisory application notice, Phoenix, AZ; correction, 61585 Committee, 61553

National Institute of Standards and Technology Postal Service NOTICES PROPOSED RULES Agency information collection activities: Organization and administration: Proposed collection; comment request, 61491–61492 Conduct of persons on postal property, 61481–61482 Meetings: Computer System Security and Privacy Advisory Board, 61492 Public Health Service See Agency for Health Care Policy and Research National Institutes of Health See Food and Drug Administration NOTICES See National Institutes of Health Meetings: NOTICES National Institute of Arthritis and Musculoskeletal and Meetings: Skin Diseases, 61519 National Toxicology Program; Scientific Counselors Patent licenses; non-exclusive, exclusive, or partially Board, 61520–61521 exclusive: Biological Memetics, Inc., 61519–61520 Railroad Retirement Board NOTICES National Oceanic and Atmospheric Administration Railroad Unemployment Insurance Act: RULES Monthly compensation base and other determinations Fishery conservation and management: (1998 CY), 61558–61559 Alaska; fisheries of Exclusive Economic Zone— Pacific cod; correction, 61457 Research and Special Programs Administration NOTICES NOTICES Meetings: Hazardous materials: Magnuson-Stevens Act provisions; West Coast salmon Applications; exemptions, renewals, etc., 61581–61583 essential fish habitat; descriptions and adverse affects, 61492–61493 North Pacific Fishery Management Council, 61493–61494 Rural Housing Service Permits: NOTICES Marine mammals, 61494 Agency information collection activities: Marine mammals; correction, 61494 Proposed collection; comment request, 61485, 61489

National Park Service Securities and Exchange Commission NOTICES NOTICES Environmental statements; notice of intent: Agency information collection activities: Homestead National Monument of America, NE, 61524– Submission for OMB review; comment request, 61559– 61525 61560 National Register of Historic Places: Meetings; Sunshine Act, 61566 Pending nominations, 61525 Self-regulatory organizations; proposed rule changes: Native American human remains and associated funerary American Stock Exchange, Inc., 61566–61567 objects: Applications, hearings, determinations, etc.: Buffalo Bill Historical Center, WY; inventory from Park Benchmark Funds et al., 61560–61563 County, MT, 61526 Public utility holding company filings, 61563–61566 VI Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Contents

Small Business Administration Aviation proceedings: NOTICES Agreements filed; weekly receipts, 61573 Disaster loan areas: Certificates of public convenience and necessity and Florida, 61567–61568 foreign air carrier permits; weekly applications, Louisiana et al., 61568 61573 Hearings, etc.— State Department Winair, Inc., 61573 NOTICES Environmental statements; availability, etc.: Brownsville, TX; new international bridge, 61568–61570 Treasury Department Presidential permits: See Thrift Supervision Office Brownsville, TX; new international bridge, 61570 NOTICES Privacy Act: Committees; establishment, renewal, termination, etc.: Systems of records, 61570–61571 National Center for State, Local, and International Law Enforcement Training Advisory Committee, 61583– Surface Mining Reclamation and Enforcement Office 61584 PROPOSED RULES Abandoned mine land reclamation fund: Fund reauthorization; implementation Separate Parts In This Issue Correction, 61585 Surface Transportation Board Part II NOTICES Department of Labor, Employment and Training Railroad services abandonment: Administration, 61587–61613 West Central Ohio Port Authority, 61583 Part III Thrift Supervision Office Department of Housing and Urban Development, 61616– NOTICES 61618 Applications, hearings, determinations, etc.: Newport Federal Savings Bank, 61584 Ninth Ward Savings Bank, FSB, 61584 Wyman Park Federal Savings & Loan Association, 61584 Reader Aids Additional information, including a list of telephone Transportation Department numbers, finding aids, reminders, and a list of Public Laws See Coast Guard appears in the Reader Aids section at the end of this issue. See Federal Aviation Administration See Federal Transit Administration See Research and Special Programs Administration See Surface Transportation Board Electronic Bulletin Board NOTICES Free Electronic Bulletin Board service for Public Law Agency information collection activities: numbers, Federal Register finding aids, and a list of Submission for OMB review; comment request, 61571– documents on public inspection is available on 202–275– 61573 1538 or 275–0920. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

9 CFR 94...... 61433 14 CFR 39 (3 documents) ...... 61434, 61436, 61438 Proposed Rules: 71...... 61448 18 CFR Proposed Rules: 284...... 61459 20 CFR 645...... 61587 21 CFR Proposed Rules: 101...... 61476 24 CFR 5...... 61616 44...... 61616 45...... 61616 84...... 61616 85...... 61616 29 CFR 30 CFR Proposed Rules: 870...... 61585 39 CFR Proposed Rules: 232...... 61481 40 CFR 180...... 61441 Proposed Rules: 9...... 61482 52...... 61483 60...... 61483 61...... 61483 63...... 61483 86...... 61482 89...... 61482 46 CFR Proposed Rules: 10...... 61585 47 CFR 1...... 61447 25...... 61448 97...... 61447 50 CFR 679...... 61457 61433

Rules and Regulations Federal Register Vol. 62, No. 222

Tuesday, November 18, 1997

This section of the FEDERAL REGISTER ahead on (202) 690–2817 to facilitate in Belgium. The exposure of this animal contains regulatory documents having general entry into the comment reading room. to the BSE agent could only have applicability and legal effect, most of which FOR FURTHER INFORMATION CONTACT: Dr. occurred in Belgium. In order to reduce are keyed to and codified in the Code of John Cougill, Staff Veterinarian, Animal the risk of introducing BSE into the Federal Regulations, which is published under United States, we are, therefore, adding 50 titles pursuant to 44 U.S.C. 1510. Products Program, National Center for Import and Export, VS, APHIS, 4700 Belgium to the list of countries where The Code of Federal Regulations is sold by River Road Unit 40, Riverdale, MD BSE is known to exist. Thus, we are the Superintendent of Documents. Prices of 20737–1231, (301) 734–3399; or e-mail: prohibiting or restricting the new books are listed in the first FEDERAL [email protected]. importation into the United States of REGISTER issue of each week. ruminants which have been in Belgium, SUPPLEMENTARY INFORMATION: and certain fresh, chilled, and frozen Background meat, and certain other animal products DEPARTMENT OF AGRICULTURE The regulations in 9 CFR parts 92, 94, and animal byproducts from ruminants which have been in Belgium. and 95 (referred to below as the Animal and Plant Health Inspection We are making this action effective regulations) govern the importation of Service retroactively to October 31, 1997, as that certain animals, birds, poultry, meat, was the day on which the case of BSE 9 CFR Part 94 animal products, animal byproducts, was reported by Belgium’s Ministry of hay, and straw into the United States in Agriculture. This effective date is [Docket No. 97±115±1] order to prevent the introduction of necessary to ensure that the prohibitions various animal diseases, including and restrictions established by this rule Change in Disease Status of Belgium bovine spongiform encephalopathy Because of BSE apply to ruminants, as well as fresh, (BSE). chilled, and frozen meat, and certain BSE is a neurological disease of AGENCY: Animal and Plant Health other animal products and animal Inspection Service, USDA. bovine animals and other ruminants and byproducts from ruminants that have is not known to exist in the United ACTION: Interim rule and request for been shipped to the United States from States. Belgium on or after October 31, 1997. comments. It appears that BSE is primarily spread through the use of ruminant feed Immediate Action SUMMARY: We are amending the regulations by adding Belgium to the list containing protein and other products The Administrator of the Animal and of countries where bovine spongiform from ruminants infected with BSE. Plant Health Inspection Service has encephalopathy (BSE) exists because the Therefore, BSE could become determined that there is good cause for disease has been detected in a cow in established in the United States if publishing this interim rule without that country. The effect of this action is materials carrying the BSE agent, such prior opportunity for public comment. to prohibit or restrict the importation of as certain meat, animal products, and Immediate action is necessary to ruminants which have been in Belgium animal byproducts from ruminants in prevent the introduction of BSE into the and certain fresh, chilled, and frozen countries in which BSE exists, are United States. meat, and certain other animal products imported into the United States and are Because prior notice and other public and animal byproducts from ruminants fed to ruminants in the United States. procedures with respect to this action which have been in Belgium. This BSE could also become established in are impracticable and contrary to the action is necessary to reduce the risk the United States if ruminants from public interest under these conditions, that BSE could be introduced into the countries in which BSE exists are we find good cause under 5 U.S.C. 553 United States. imported. to make this rule effective on October Sections 94.18 and 95.4 of the 31, 1997. We will consider comments DATES: Interim rule effective October 31, regulations prohibit and restrict the that are received within 60 days of 1997. Consideration will be given only importation of certain meat, animal publication of this rule in the Federal to comments received on or before products, and animal byproducts from Register. After the comment period January 20, 1998. ruminants which have been in countries closes, we will publish another ADDRESSES: Please send an original and in which BSE exists. These countries are document in the Federal Register. It three copies of your comments to listed in § 94.18 of the regulations. will include a discussion of any Docket No. 97–115–1, Regulatory Furthermore, § 92.404(a)(3) states that comments we receive and any Analysis and Development, PPD, the Animal and Plant Health Inspection amendments we are making to the rule APHIS, Suite 3C03, 4700 River Road Service may deny the importation of as a result of the comments. Unit 118, Riverdale, MD 20737–1238. ruminants from countries where a Please state that your comments refer to communicable disease such as BSE Executive Order 12866 and Regulatory Docket No. 97–115–1. Comments exists. Flexibility Act received may be inspected at USDA, Belgium’s Ministry of Agriculture has This rule has been reviewed under room 1141, South Building, 14th Street reported a case of BSE in Belgium. BSE Executive Order 12866. For this action, and Independence Avenue SW., was confirmed by histopathological the Office of Management and Budget Washington, DC, between 8 a.m. and examination according to standardized has waived its review process required 4:30 p.m., Monday through Friday, procedures for the diagnosis of BSE. by Executive Order 12866. except holidays. Persons wishing to Belgium’s Ministry of Agriculture This action adds Belgium to the list of inspect comments are requested to call confirmed that BSE was in a cow born countries where BSE exists. We are 61434 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations taking this action based on reports we Done in Washington, DC, this 12th day of the Office of the Federal Register, 800 have received from Belgium’s Ministry November 1997. North Capitol Street, NW., suite 700, of Agriculture, which confirmed that a Terry L. Medley, Washington, DC. case of BSE has occurred in Belgium. Administrator, Animal and Plant Health Inspection Service. FOR FURTHER INFORMATION CONTACT: This emergency situation makes International Branch, ANM–116, FAA, [FR Doc. 97–30230 Filed 11–17–97; 8:45 am] compliance with section 603 and timely Transport Airplane Directorate, 1601 compliance with section 604 of the BILLING CODE 3410±34±P Lind Avenue, SW., Renton, Washington Regulatory Flexibility Act (5 U.S.C. 601 98055–4056; telephone (425) 227–2110; et seq.) impracticable. If we determine fax (425) 227–1149. DEPARTMENT OF TRANSPORTATION that this rule will have a significant SUPPLEMENTARY INFORMATION: The economic impact on a substantial Federal Aviation Administration Luftfahrt-Bundesamt (LBA), which is number of small entities, then we will the airworthiness authority for discuss the issues raised by section 604 14 CFR Part 39 Germany, recently notified the FAA that of the Regulatory Flexibility Act in our [Docket No. 97±NM±284±AD; Amendment an unsafe condition may exist on all Final Regulatory Flexibility Analysis. 39±10208; AD 97±24±01] Dornier Model 328–100 series airplanes. Executive Order 12988 RIN 2120±AA64 The LBA advises that fatigue damaged or displaced bushings have been found This rule has been reviewed under Airworthiness Directives; Dornier on several main landing gear (MLG) Executive Order 12988, Civil Justice Model 328±100 Series Airplanes trailing arms. This condition, if not Reform. This rule: (1) Preempts all State corrected, could result in collapse of the and local laws and regulations that are AGENCY: Federal Aviation MLG during landing. inconsistent with this rule; (2) has Administration, DOT. Explanation of Relevant Service retroactive effect to October 31, 1997; ACTION: Final rule; request for Information and (3) does not require administrative comments. proceedings before parties may file suit SUMMARY: This amendment adopts a Dornier has issued Alert Service in court challenging this rule. new airworthiness directive (AD) that is Bulletin ASB–328–32–019, dated September 17, 1997, which describes Paperwork Reduction Act applicable to all Dornier Model 328–100 series airplanes. This action requires procedures for repetitive visual This rule contains no information repetitive inspections to detect inspections to detect damage or collection or recordkeeping migration or damage of the bushings of migration of the bushings of the MLG requirements under the Paperwork the main landing gear (MLG) trailing trailing arm, and replacement of any Reduction Act of 1995 (44 U.S.C. 3501 arm, and replacement of any damaged damaged or displaced bushing. The LBA et seq.). or displaced bushing. This amendment advises that it considers this alert is prompted by reports indicating that service bulletin to be mandatory, and List of Subjects in 9 CFR Part 94 damagedor displaced bushings have that it is in the process of issuing a been found on several MLG trailing German airworthiness directive to Animal diseases, Imports, Livestock, assure the continued airworthiness of Meat and meat products, Milk, Poultry arms of Dornier Model 328–100 series airplanes. The actions specified in this these airplanes in Germany. and poultry products, Reporting and AD are intended to prevent failure of the recordkeeping requirements. FAA’s Conclusions bushings of the MLG trailing arm, which Accordingly, 9 CFR part 94 is could result in collapse of the MLG This airplane model is manufactured amended as follows: during landing. in Germany and is type certificated for DATES: Effective December 3, 1997. operation in the United States under the PART 94ÐRINDERPEST, FOOT-AND- The incorporation by reference of provisions of section 21.29 of the MOUTH DISEASE, FOWL PEST (FOWL certain publications listed in the Federal Aviation Regulations (14 CFR PLAGUE), EXOTIC NEWCASTLE regulations is approved by the Director 21.29) and the applicable bilateral DISEASE, AFRICAN SWINE FEVER, of the Federal Register as of December airworthiness agreement. Pursuant to HOG CHOLERA, AND BOVINE 3, 1997. this bilateral airworthiness agreement, SPONGIFORM ENCEPHALOPATHY: Comments for inclusion in the Rules the LBA has kept the FAA informed of PROHIBITED AND RESTRICTED Docket must be received on or before the situation described above. The FAA IMPORTATIONS December 18, 1997. has examined the findings of the LBA, ADDRESSES: Submit comments in reviewed all available information, and 1. The authority citation for part 94 triplicate to the Federal Aviation determined that AD action is necessary continues to read as follows: Administration (FAA), Transport for products of this type design that are certificated for operation in the United Authority: 7 U.S.C. 147a, 150ee, 161, 162, Airplane Directorate, ANM–103, States. and 450; 19 U.S.C. 1306, 21 U.S.C. 111, 114a, Attention: Rules Docket No. 97–NM– 134a, 134b, 134c, 134f, 136, and 136a; 31 284–AD, 1601 Lind Avenue, SW., Explanation of Requirements of Rule U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR Renton, Washington 98055–4056. 2.22, 2.80, and 371.2(d). The service information referenced in Since an unsafe condition has been this AD may be obtained from Dornier identified that is likely to exist or § 94.18 [Amended] Deutsche Aerospace, P.O. Box 1103, D– develop on other airplanes of the same 2. In § 94.18, paragraph (a) is 82230 Wessling, Federal Republic of type design registered in the United amended by adding the word Germany. This information may be States, this AD is being issued to require ‘‘Belgium,’’ immediately before examined at the FAA, Transport accomplishment of the actions specified ‘‘France,’’. Airplane Directorate, 1601 Lind in the alert service bulletin described Avenue, SW., Renton, Washington; or at previously, except as discussed below. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61435

Differences Between This AD and the submitted in response to this rule must § 39.13 [Amended] Related Service Bulletin submit a self-addressed, stamped 2. Section 39.13 is amended by Operators should note that, unlike the postcard on which the following adding the following new airworthiness procedures described in Dornier Alert statement is made: ‘‘Comments to directive: Service Bulletin ASB–328–32–019, Docket Number 97–NM–284–AD.’’ The 97–24–01 DORNIER: Amendment 39– dated September 17, 1997, this AD does postcard will be date stamped and 10208. Docket 97–NM–284–AD. not permit further flight if damage or returned to the commenter. Applicability: All Model 328–100 series migration of the bushings is found. The airplanes, certificated in any category. Regulatory Impact FAA has determined that, because of the Note 1: This AD applies to each airplane safety implications and consequences The regulations adopted herein will identified in the preceding applicability associated with such damage, any provision, regardless of whether it has been not have substantial direct effects on the otherwise modified, altered, or repaired in bushing that is found to be damaged or States, on the relationship between the displaced must be replaced prior to the area subject to the requirements of this national government and the States, or AD. For airplanes that have been modified, further flight. on the distribution of power and altered, or repaired so that the performance Interim Action responsibilities among the various of the requirements of this AD is affected, the levels of government. Therefore, in owner/operator must request approval for an This AD is considered to be interim alternative method of compliance in action until final action is identified, at accordance with Executive Order 12612, accordance with paragraph (f) of this AD. The which time the FAA may consider it is determined that this final rule does request should include an assessment of the additional rulemaking. not have sufficient federalism effect of the modification, alteration, or repair implications to warrant the preparation on the unsafe condition addressed by this Determination of Rule’s Effective Date of a Federalism Assessment. AD; and, if the unsafe condition has not been Since a situation exists that requires eliminated, the request should include The FAA has determined that this the immediate adoption of this specific proposed actions to address it. regulation, it is found that notice and regulation is an emergency regulation Compliance: Required as indicated, unless opportunity for prior public comment that must be issued immediately to accomplished previously. hereon are impracticable, and that good correct an unsafe condition in aircraft, To prevent failure of the bushings of the cause exists for making this amendment and that it is not a ‘‘significant main landing gear (MLG) trailing arm, which regulatory action’’ under Executive could result in collapse of the MLG during effective in less than 30 days. landing, accomplish the following: Order 12866. It has been determined Comments Invited (a) For airplanes that have accumulated further that this action involves an 3,000 total flight hours or more as of the Although this action is in the form of emergency regulation under DOT effective date of this AD: Within 7 days after a final rule that involves requirements Regulatory Policies and Procedures (44 the effective date of this AD, conduct an affecting flight safety and, thus, was not FR 11034, February 26, 1979). If it is external visual inspection to detect damage preceded by notice and an opportunity determined that this emergency or migration of the bushings of each MLG for public comment, comments are trailing arm, in accordance with Section regulation otherwise would be 2.B(1) of Dornier Alert Service Bulletin ASB– invited on this rule. Interested persons significant under DOT Regulatory are invited to comment on this rule by 328–32–019, dated September 17, 1997. Policies and Procedures, a final (b) For airplanes that have accumulated submitting such written data, views, or regulatory evaluation will be prepared less than 3,000 total flight hours as of the arguments as they may desire. and placed in the Rules Docket. A copy effective date of this AD: Prior to Communications shall identify the of it, if filed, may be obtained from the accumulation of 3,000 total flight hours, or Rules Docket number and be submitted within 300 flight hours after the effective in triplicate to the address specified Rules Docket at the location provided date of this AD, whichever occurs later, under the caption ADDRESSES. All under the caption ADDRESSES. conduct a detailed visual inspection to detect communications received on or before List of Subjects in 14 CFR Part 39 damage of the bushings of each MLG trailing the closing date for comments will be arm, in accordance with Section 2.B(2) of considered, and this rule may be Air transportation, Aircraft, Aviation Dornier Alert Service Bulletin ASB–328–32– 019, dated September 17, 1997. amended in light of the comments safety, Incorporation by reference, (c) If no damage or migration is detected received. Factual information that Safety. during the inspection required by paragraph supports the commenter’s ideas and (a) or (b) of this AD within 300 flight hours suggestions is extremely helpful in Adoption of the Amendment after the inspection, and thereafter at evaluating the effectiveness of the AD Accordingly, pursuant to the intervals not to exceed 300 flight hours, conduct a detailed visual inspection to detect action and determining whether authority delegated to me by the additional rulemaking action would be damage of the bushings of each MLG trailing Administrator, the Federal Aviation needed. arm, in accordance with Section 2.B(2) of Comments are specifically invited on Administration amends part 39 of the Dornier Alert Service Bulletin ASB–328–32– 019, dated September 17, 1997. the overall regulatory, economic, Federal Aviation Regulations (14 CFR part 39) as follows: (d) If any damage or migration is detected environmental, and energy aspects of during any inspection required by paragraph the rule that might suggest a need to PART 39ÐAIRWORTHINESS (a), (b), or (c) of this AD, prior to further modify the rule. All comments flight, replace any affected bushing in DIRECTIVES submitted will be available, both before accordance with Section 2.B(2) of Dornier and after the closing date for comments, Alert Service Bulletin ASB–328–32–019, 1. The authority citation for part 39 in the Rules Docket for examination by dated September 17, 1997. Thereafter, except continues to read as follows: interested persons. A report that as provided by paragraph (e) of this AD, continue to inspect the bushings in Authority: 49 U.S.C. 106(g), 40113, 44701. summarizes each FAA-public contact accordance with paragraph (c) of this AD. concerned with the substance of this AD (e) For airplanes on which all bushings of will be filed in the Rules Docket. both MLG trailing arms have been replaced Commenters wishing the FAA to in accordance with Dornier Alert Service acknowledge receipt of their comments Bulletin ASB–328–32–019, dated September 61436 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

17, 1997: Within 3,000 flight hours after applicable to certain Bombardier Model Model CL–600–2B19 (Regional Jet replacement of the bushings, and thereafter at CL–600–1A11, –2A12, and –2B16 series Series 100 and 200) series airplanes, intervals not to exceed 300 flight hours, airplanes. This action requires repetitive which was shown to have a inspect the new bushings in accordance with inspections to detect cracks of a certain pressurization problem caused by paragraph (c) of this AD. (f) An alternative method of compliance or bulkhead web of the fuselage at certain fatigue cracking in the underfloor adjustment of the compliance time that locations, and repair, if necessary. This pressure bulkhead of the fuselage. TCA provides an acceptable level of safety may be amendment is prompted by issuance of has received several reports of cracking used if approved by the Manager, mandatory continuing airworthiness at this same location on Bombardier International Branch, ANM–116, FAA, information by a foreign civil Model CL–600–1A11, –2A12, and Transport Airplane Directorate. Operators airworthiness authority. The actions –2B16 series airplanes. This condition, shall submit their requests through an specified in this AD are intended to if not corrected, could result in appropriate FAA Principal Maintenance detect and correct cracking in the uncontrolled depressurization of the Inspector, who may add comments and then airplane and/or reduced structural send it to the Manager, International Branch, pressure bulkhead at frame station (FS) ANM–116. 409.00, which could result in integrity of the fuselage. Note 2: Information concerning the uncontrolled depressurization of the Other Relevant Rules airplane and/or reduced structural existence of approved alternative methods of The FAA previously issued AD 97– compliance with this AD, if any, may be integrity of the fuselage. 14–11, amendment 39–10082 (62 FR obtained from the International Branch, DATES: Effective December 3, 1997. ANM–116. The incorporation by reference of 38206, July 17, 1997), which requires (g) Special flight permits may be issued in certain publications listed in the repetitive inspections to detect cracks of accordance with sections 21.197 and 21.199 regulations is approved by the Director a certain bulkhead web of the fuselage of the Federal Aviation Regulations (14 CFR of the Federal Register as of December at certain locations, and repair, if 21.197 and 21.199) to operate the airplane to 3, 1997. necessary. That AD applies to certain a location where the requirements of this AD Comments for inclusion in the Rules Bombardier Model CL–600–2B19 can be accomplished. Docket must be received on or before (Regional Jet Series 100 and 200) series (h) The inspection and replacement shall airplanes. be done in accordance with Dornier Alert December 18, 1997. Service Bulletin ASB–328–32–019, dated ADDRESSES: Submit comments in Explanation of Relevant Service September 17, 1997. This incorporation by triplicate to the Federal Aviation Information reference was approved by the Director of the Administration (FAA), Transport Federal Register in accordance with 5 U.S.C. The manufacturer has issued Canadair Airplane Directorate, ANM–103, Challenger Service Bulletin 601–0501, 552(a) and 1 CFR part 51. Copies may be Attention: Rules Docket No. 97–NM– obtained from Dornier Deutsche Aerospace, dated September 12, 1997 [for Model P.O. Box 1103, D–82230 Wessling, Federal 285–AD, 1601 Lind Avenue, SW., CL–600–2A12 (CL–601) and CL–600– Republic of Germany. Copies may be Renton, Washington 98055–4056. 2B16 (CL–601–3A/–3R) series inspected at the FAA, Transport Airplane The service information referenced in airplanes]; Service Bulletin 604–53–007, Directorate, 1601 Lind Avenue, SW., Renton, this AD may be obtained from dated September 30, 1997 [for Model Washington; or at the Office of the Federal Bombardier, Inc., Canadair, Aerospace CL–600–2B16 (CL–604) series Register, 800 North Capitol Street, NW., suite Group, P.O. Box 6087, Station 700, Washington, DC. airplanes]; and Service Bulletin 600– Centreville, Montreal, Quebec H3C 3G9, 0679, dated September 12, 1997 [for (i) This amendment becomes effective on Canada. This information may be December 3, 1997. Model CL–600–1A11 (CL–600) series examined at the FAA, Transport airplanes]. These service bulletins Issued in Renton, Washington, on Airplane Directorate, 1601 Lind November 10, 1997. describe procedures for repetitive Avenue, SW., Renton, Washington; or at detailed visual inspections to detect Darrell M. Pederson, the FAA, Engine and Propeller Acting Manager, Transport Airplane fatigue cracking of the underfloor Directorate, New York Aircraft pressure bulkhead at FS 409.00, and Directorate, Aircraft Certification Service. Certification Office, 10 Fifth Street, [FR Doc. 97–30103 Filed 11–17–97; 8:45 am] repair, if necessary. TCA classified these Third Floor, Valley Stream, New York; service bulletins as mandatory and BILLING CODE 4910±13±U or at the Office of the Federal Register, issued Canadian airworthiness directive 800 North Capitol Street, NW., suite CF–97–16, dated September 25, 1997, in 700, Washington, DC. DEPARTMENT OF TRANSPORTATION order to assure the continued FOR FURTHER INFORMATION CONTACT: airworthiness of these airplanes in Federal Aviation Administration Franco Pieri, Aerospace Engineer, Canada. Airframe and Propulsion Branch, ANE– 14 CFR Part 39 171, FAA, Engine and Propeller FAA’s Conclusions Directorate, New York Aircraft These airplane models are [Docket No. 97±NM±285±AD; Amendment Certification Office, 10 Fifth Street, manufactured in Canada and are type 39±10209; AD 97±24±02] Third Floor, Valley Stream, New York certificated for operation in the United RIN 2120±AA64 11581; telephone (516) 256–7526; fax States under the provisions of section (516) 568–2716. 21.29 of the Federal Aviation Airworthiness Directives; Bombardier SUPPLEMENTARY INFORMATION: Transport Regulations (14 CFR 21.29) and the Model CL±600±1A11, ±2A12, and Canada Aviation (TCA), which is the applicable bilateral airworthiness ±2B16 Series Airplanes airworthiness authority for Canada, agreement. Pursuant to this bilateral AGENCY: Federal Aviation recently notified the FAA that an unsafe airworthiness agreement, TCA has kept Administration, DOT. condition may exist on certain the FAA informed of the situation ACTION: Final rule; request for Bombardier Model CL–600–1A11, described above. The FAA has comments. –2A12, and –2B16 series airplanes. TCA examined the findings of TCA, reviewed advises that the structural configuration all available information, and SUMMARY: This amendment adopts a of these airplanes at frame station (FS) determined that AD action is necessary new airworthiness directive (AD) that is 409.00 is similar to that of Bombardier for products of this type design that are Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61437 certificated for operation in the United arguments as they may desire. Rules Docket at the location provided States. Communications shall identify the under the caption ADDRESSES. Rules Docket number and be submitted Explanation of Requirements of Rule List of Subjects in 14 CFR Part 39 in triplicate to the address specified Since an unsafe condition has been under the caption ADDRESSES. All Air transportation, Aircraft, Aviation identified that is likely to exist or communications received on or before safety, Incorporation by reference, develop on other airplanes of the same the closing date for comments will be Safety. type design registered in the United considered, and this rule may be Adoption of the Amendment States, this AD requires accomplishment amended in light of the comments of the inspections specified in the received. Factual information that Accordingly, pursuant to the service bulletins described previously. supports the commenter’s ideas and authority delegated to me by the In addition, this AD requires repair, if suggestions is extremely helpful in Administrator, the Federal Aviation necessary, in accordance with a method evaluating the effectiveness of the AD Administration amends part 39 of the approved by the FAA. action and determining whether Federal Aviation Regulations (14 CFR Operators should note that, while it is additional rulemaking action would be part 39) as follows: not the FAA’s normal policy to allow needed. flight with known cracks, this AD does Comments are specifically invited on PART 39ÐAIRWORTHINESS permit further flight with cracking the overall regulatory, economic, DIRECTIVES within certain limits. The results of a environmental, and energy aspects of 1. The authority citation for part 39 review, conducted by the manufacturer, the rule that might suggest a need to continues to read as follows: revealed that cracking in the underfloor modify the rule. All comments Authority: 49 U.S.C. 106(g), 40113, 44701. pressure bulkhead of the fuselage will submitted will be available, both before not result in rapid decompression of the and after the closing date for comments, § 39.13 [Amended] airplane. Therefore, according to the in the Rules Docket for examination by 2. Section 39.13 is amended by review, if the crack size limits are interested persons. A report that adding the following new airworthiness strictly observed and if repetitive summarizes each FAA-public contact directive: inspections are performed at the concerned with the substance of this AD required intervals, cracks that grow will be filed in the Rules Docket. 97–24–02 Bombardier, Inc.: Amendment 39–10209. Docket 97–NM–285–AD. beyond the limits will be detected, and Commenters wishing the FAA to corrective action taken, before they can acknowledge receipt of their comments Applicability: Model CL–600–1A11 (CL– submitted in response to this rule must 600) series airplanes, serial numbers 1004 grow to a size that would create an through 1085 inclusive; Model CL–600–2A12 unacceptable risk of structural failure. submit a self-addressed, stamped (CL–601) series airplanes, serial numbers Transport Canada Aviation concurs postcard on which the following 3001 through 3066 inclusive; Model CL–600– with the findings of this review. In statement is made: ‘‘Comments to 2B16 (CL–601–3A/–3R) series airplanes, consideration of these findings and Docket Number 97–NM–285–AD.’’ The serial numbers 5001 through 5194 inclusive; based on the FAA’s criteria for flight postcard will be date stamped and Model CL–600–2B16 (CL–604) series with known cracking, the FAA has returned to the commenter. airplanes, serial numbers 5301 through 5352 inclusive; certificated in any category. determined that further flight with Regulatory Impact cracking within certain limits in the Note 1: This AD applies to each airplane identified in the preceding applicability center pressure bulkhead is permissible The regulations adopted herein will not have substantial direct effects on the provision, regardless of whether it has been for an interim period. otherwise modified, altered, or repaired in This is considered to be interim States, on the relationship between the national government and the States, or the area subject to the requirements of this action. The manufacturer has advised AD. For airplanes that have been modified, that it currently is developing a on the distribution of power and altered, or repaired so that the performance modification that will positively address responsibilities among the various of the requirements of this AD is affected, the the unsafe condition addressed by this levels of government. Therefore, in owner/operator must request approval for an AD. Once this modification is accordance with Executive Order 12612, alternative method of compliance in developed, approved, and available, the it is determined that this final rule does accordance with paragraph (c) of this AD. FAA may consider additional not have sufficient federalism The request should include an assessment of the effect of the modification, alteration, or rulemaking. implications to warrant the preparation of a Federalism Assessment. repair on the unsafe condition addressed by Determination of Rule’s Effective Date The FAA has determined that this this AD; and, if the unsafe condition has not regulation is an emergency regulation been eliminated, the request should include Since a situation exists that requires specific proposed actions to address it. the immediate adoption of this that must be issued immediately to correct an unsafe condition in aircraft, Compliance: Required as indicated, unless regulation, it is found that notice and accomplished previously. opportunity for prior public comment and that it is not a ‘‘significant To detect and correct fatigue cracking in hereon are impracticable, and that good regulatory action’’ under Executive the underfloor pressure bulkhead of the cause exists for making this amendment Order 12866. It has been determined fuselage, which could result in uncontrolled effective in less than 15 days. further that this action involves an depressurization of the airplane and/or emergency regulation under DOT reduced structural integrity of the fuselage, Comments Invited Regulatory Policies and Procedures (44 accomplish the following: Although this action is in the form of FR 11034, February 26, 1979). If it is (a) For Model CL–600–1A11 (CL–600) a final rule that involves requirements determined that this emergency airplanes: Prior to the accumulation of 1,900 affecting flight safety and, thus, was not regulation otherwise would be total landings, or within 100 landings after the effective date of this AD, whichever preceded by notice and an opportunity significant under DOT Regulatory occurs later, perform a detailed visual for public comment, comments are Policies and Procedures, a final inspection to detect cracks at frame station invited on this rule. Interested persons regulatory evaluation will be prepared (FS) 409 of the bulkhead web [part number are invited to comment on this rule by and placed in the Rules Docket. A copy (P/N) 600–32014–71/–95/–105], in submitting such written data, views, or of it, if filed, may be obtained from the accordance with Canadair Challenger Service 61438 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

Bulletin 600–0679, dated September 12, (c) An alternative method of compliance or ACTION: Final rule; request for 1997. adjustment of the compliance time that comments. (1) If no crack is detected, repeat the provides an acceptable level of safety may be detailed visual inspection thereafter at used if approved by the Manager, New York SUMMARY: This amendment supersedes intervals not to exceed 600 landings. ACO. Operators shall submit their requests existing airworthiness directive (AD) (2) If any crack is detected and if all three through an appropriate FAA Principal 96–24–09, applicable to Allison Engine of the conditions specified in paragraphs Maintenance Inspector, who may add Company Model 250–C47B turboshaft (a)(2)(i), (a)(2)(ii), and (a)(2)(iii) of this AD are comments and then send it to the Manager, engines, that currently requires met, within 600 landings or 12 months after New York ACO. replacing the engine main electrical the crack is detected, whichever occurs first, Note 2: Information concerning the repair the cracking in accordance with a harness assembly with an improved existence of approved alternative methods of assembly, disabling the overspeed method approved by the Manager, New York compliance with this AD, if any, may be Aircraft Certification Office (ACO), FAA, obtained from the New York ACO. solenoid, inspecting the engine control Engine and Propeller Directorate. Until the unit (ECU) internal PW10 voltage to repair is accomplished, repeat the detailed (d) Special flight permits may be issued in accordance with sections 21.197 and 21.199 determine electrical noise visual inspection at intervals not to exceed characteristics, and replacing units not 100 landings. of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to considered serviceable. In addition, the (i) No more than one crack exists at each existing AD requires adding a placard to corner radius, as specified in the service a location where the requirements of this AD bulletin; and can be accomplished. the helicopter instrument panel (ii) No crack extends under the angles (e) The inspections shall be done in notifying the pilot that the overspeed having P/N 600–32014–13 and P/N 600– accordance with Canadair Challenger Service protection system is disabled and 32014–15 on the aft side of the bulkhead Bulletin 600–0679, dated September 12, removes a placard which was required web; and 1997; Canadair Challenger Service Bulletin by priority letter AD 96–21–12; revises (iii) No crack exists in angles having P/N 601–0501, dated September 12, 1997; or the Bell Helicopter Textron, A Division Canadair Challenger Service Bulletin 604– 600–32014–13 and P/N 600–32014–15 on the of Textron Canada Ltd. (BHTC) Model aft side of the bulkhead web. 53–007, dated September 30, 1997; as applicable. This incorporation by reference 407 Rotorcraft Flight Manual (RFM); (3) If any cracking other than that and requires maintenance actions to identified in paragraph (a)(2) of this AD is was approved by the Director of the Federal detected, prior to further flight, repair it in Register in accordance with 5 U.S.C. 552(a) clear the ECU of faults prior to each accordance with a method approved by the and 1 CFR part 51. Copies may be obtained flight. This amendment continues to Manager, New York ACO. from Bombardier, Inc., Canadair, Aerospace require replacing the engine main (b) For Model CL–600–2A12 (CL–601), CL– Group, P.O. Box 6087, Station Centre-ville, electrical harness assembly with an 600–2B16 (CL–601–3A/–3R), and CL–600– Montreal, Quebec H3C 3G9, Canada. Copies improved assembly, but adds the 2B16 (CL–604) series airplanes: Prior to the may be inspected at the FAA, Transport requirements to install a new accumulation of 1,100 total landings, or Airplane Directorate, 1601 Lind Avenue, hydromechanical unit (HMU) and ECU, SW., Renton, Washington; or at the FAA, within 100 landings after the effective date of removing the placard notifying the pilot this AD, whichever occurs later, perform a Engine and Propeller Directorate, New York Aircraft Certification Office, 10 Fifth Street, that the overspeed protection system is detailed visual inspection to detect cracks at disabled, and revises the BHTC Model FS 409 of the bulkhead web (P/N 600–32014– Third Floor, Valley Stream, New York; or at 105/–137), in accordance with Canadair the Office of the Federal Register, 800 North 407 RFM. This amendment is prompted Challenger Service Bulletin 601–0501, dated Capitol Street, NW., suite 700, Washington, by the development of overspeed September 12, 1997 [for Model CL–600–2A12 DC. protection system modifications to (CL–601) and CL–600–2B16 (CL–601–3A/– Note 3: The subject of this AD is addressed reactivate the overspeed solenoid in 3R) series airplanes); or Canadair Challenger in Canadian airworthiness directive CF–97– conjunction with raising the power Service Bulletin 604–53–007, dated 16, dated September 25, 1997. turbine overspeed trip point and September 30, 1997 [for Model CL–600–2B16 (f) This amendment becomes effective on revising the overspeed system to default (CL–604) series airplanes]; as applicable. December 3, 1997. to a minimum fuel flow in the event of (1) If no crack is detected, repeat the Issued in Renton, Washington, on its activation. The actions specified by detailed visual inspection thereafter at November 10, 1997. this AD are intended to prevent intervals not to exceed 600 landings. (2) If any crack is detected and if all three Darrell M. Pederson, uncommanded inflight engine of the conditions specified in paragraphs Acting Manager, Transport Airplane shutdowns, which can result in (b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this AD Directorate, Aircraft Certification Service. autorotation, forced landing, and are met, within 600 landings or 12 months [FR Doc. 97–30104 Filed 11–17–97; 8:45 am] possible loss of the helicopter. after the crack is detected, whichever occurs BILLING CODE 4910±13±U DATES: Effective December 3, 1997. first, repair the cracking in accordance with The incorporation by reference of a method approved by the Manager, New certain publications listed in the York ACO. Until the repair is accomplished, DEPARTMENT OF TRANSPORTATION regulations is approved by the Director repeat the detailed visual inspection at of the Federal Register as of December intervals not to exceed 100 landings. Federal Aviation Administration 3, 1997. (i) No more than one crack exists at each Comments for inclusion in the Rules corner radius, as specified in the service 14 CFR Part 39 bulletin; and Docket must be received on or before (ii) No crack extends under the angles January 20, 1998. having P/N 600–32014–113 and P/N 600– [Docket No. 97±ANE±40±AD; Amendment ADDRESSES: Submit comments in 32014–115 on the aft side of the bulkhead 39±10162; AD 97±21±09] triplicate to the Federal Aviation web; and Administration (FAA), New England (iii) No crack exists in angles having P/N RIN 2120±AA64 Region, Office of the Assistant Chief 600–32014–113 and P/N 600–32014–115 on Counsel, Attention: Rules Docket No. the aft side of the bulkhead web. Airworthiness Directives; Allison (3) If any cracking other than that Engine Company Model 250±C47B 97–ANE–40–AD, 12 New England identified in paragraph (b)(2) of this AD is Turboshaft Engines Executive Park, Burlington, MA 01803– detected, prior to further flight, repair it in 5299. Comments may also be sent via accordance with a method approved by the AGENCY: Federal Aviation the Internet using the following address: Manager, New York ACO. Administration, DOT. ‘‘[email protected]’’. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61439

Comments sent via the Internet must ECU internal PW10 voltage, as affected analysis concerning operations with the contain the docket number in the by certain ECU power modulator overspeed protection disabled. The FAA subject line. subcomponents. This same power has determined that immediate action is The service information referenced in modulator Part Number (P/N) was in necessary to prevent possible turbine this AD may be obtained from Allison use on the Allison Engine Company shaft failure, or rotorcraft drive train Engine Company, P.O. Box 420, Speed Model 250–C47B engine application. failure, from leading to an uncontained Code P–40A, Indianapolis, IN 46206– The noted ECU power modulator blade shedding due to the lack of 0420; telephone (317) 230–2720, fax problem could have also led to the overspeed protection. For these reasons, (317) 230–3381. This information may overspeed condition and uncommanded the FAA has determined that be examined at the FAA, New England engine shutdown described above, and implementation of the redesigned Region, Office of the Assistant Chief was therefore addressed in the following overspeed system must proceed without Counsel, Burlington, MA; or at the AD action. further delay. Office of the Federal Register, 800 North On November 15, 1996, the FAA Since the issuance of AD 96–24–09, Capitol Street, NW., suite 700, issued AD 96–24–09, Amendment 39– Allison Engine Company has developed Washington, DC. 9834 (61 FR 59828, November 25, 1996), certain modifications that raise the FOR FURTHER INFORMATION CONTACT: applicable to Allison Engine Company power turbine overspeed trip point, and Patricia Bonnen, Aerospace Engineer, Model 250-C47B turboshaft engines, to revise the overspeed system to default to Chicago Aircraft Certification Office, require replacing the engine main a minimum fuel flow in the event of its FAA, Small Airplane Directorate, 2300 electrical harness assembly with an activation. With these changes East Devon Ave., Des Plaines, IL 60018; improved assembly, disabling the incorporated, the overspeed solenoid telephone (847) 294–7134, fax (847) overspeed solenoid (thereby can be reactivated. Additionally, a 294–7834. deactivating the engine overspeed capacitor was added to the ECU PW10 protection system), inspecting the ECU circuit thereby eliminating the SUPPLEMENTARY INFORMATION: On internal PW10 voltage to determine problematic electrical noise October 11, 1996, the Federal Aviation electrical noise characteristics, and characteristic. Administration (FAA) issued priority replacing units not considered The FAA has reviewed and approved letter airworthiness directive (AD) 96– serviceable due to excessive electrical the technical contents of: Allison Engine 21–12, applicable to Bell Helicopter noise. In addition, AD 96–24–09 Company Alert Commercial Engine Textron, A Division of Textron Canada requires adding a helicopter instrument Bulletin (CEB) A–73–6015, Revision 1, Ltd. (BHTC) Model 407 helicopters, panel placard notifying the pilot that the dated July 30, 1997, and Revision 2, which prohibited further flight. That overspeed protection system is disabled; dated October 31, 1997, that describe action was prompted by reports of removes the placard required by AD 96– procedures for installing a new uncommanded inflight engine 21–12 which prohibited further flight; hydromechanical unit (HMU) and ECU; shutdowns on Allison Engine Company and revises the BHTC Model 407 Allison Engine Company Alert CEB–A– Model 250–C47B turboshaft engines Rotorcraft Flight Manual (RFM) to 73–6010, dated October 15, 1996, that installed in those helicopters. In each clarify emergency flight procedures and describes replacing the engine main case, the harness failed and caused the to require maintenance actions to clear electrical harness assembly with an electronic control unit (ECU) to go into Full Authority Digital Engine Control improved assembly; and BHTC RFM a fail fixed fuel flow condition. (FADEC) fault annunciations prior to BHT–407-FM–1, Revision 5, dated June Subsequent pilot action (reduction in each flight. That action was prompted 24, 1997, that adds new instructions for collective), caused the engine to reach by investigation into the causes of the the revised overspeed system. the overspeed trip point, with resultant inflight engine shutdowns. Since an unsafe condition has been default to zero fuel flow and engine The original decision to disconnect identified that is likely to exist or shutdown. That condition, if not the overspeed protection system was develop on other engines of this same corrected, could result in arrived at by comparing the safety of type design, this AD supersedes AD 96– uncommanded inflight engine operating with the system enabled to the 24–09 to continue to require replacing shutdowns, which can result in safety of operating with the system the engine main electrical harness autorotation, forced landing, and disabled. By operating with the system assembly with an improved assembly, possible loss of the helicopter. enabled, there was a likely consequence and adds the requirements to install a Following issuance of priority letter of other FADEC failures leading to an new HMU and ECU, to remove the AD 96–21–12, the investigation revealed overspeed trip and resulting in an placard notifying the pilot that the that the cause of the uncommanded engine shutdown as had happened overspeed protection system is disabled, inflight engine shutdowns was an ECU previously. Disabling the overspeed and to revise the BHTC Model 407 RFM. fault to a fail fixed fuel flow condition, protection system eliminated the Installation of the new HMU and ECU and subsequent main rotor and power possibility of inadvertent activation and will reactivate the overspeed solenoid in turbine overspeed limit exceedances engine shutdown, but introduced new conjunction with raising the power coincident with pilot collective input. risks associated with engine power turbine overspeed trip point and These overspeed conditions activated turbine shaft failure or rotorcraft drive revising the overspeed system to default the analog overspeed trip, which train failure leading to uncontained to a minimum fuel flow in the event of resulted in a command to zero fuel flow blade shedding and hazards to the its activation. These actions must be and engine flameout. The ECU fault aircraft. Based on service data for completed by January 31, 1998. This resulted from a manufacturing defect in comparable applications, and the calendar end-date was determined the engine main electrical harness estimated length of time for a final fix based upon parts availability. The assembly. to be designed and tested, the FAA requirements of paragraph (c) of this AD Additionally, in a related incident considered operations with the have been coordinated with the involving another Allison Engine overspeed protection disabled Rotorcraft Directorate. The actions are Company engine model, an ECU fault to acceptable. The redesign of the system required to be accomplished in fail fixed fuel flow was attributed to the has taken longer than estimated, which accordance with the service information electrical noise characteristics of the now puts in question the original described previously. 61440 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

Since a situation exists that requires not have sufficient federalism requirements of this AD. For engines that the immediate adoption of this implications to warrant the preparation have been modified, altered, or repaired so regulation, it is found that notice and of a Federalism Assessment. that the performance of the requirements of opportunity for prior public comment The FAA has determined that this this AD is affected, the owner/operator must hereon are impracticable, and that good regulation is an emergency regulation request approval for an alternative method of cause exists for making this amendment that must be issued immediately to compliance in accordance with paragraph (d) of this AD. The request should include an effective in less than 30 days. correct an unsafe condition in aircraft, assessment of the effect of the modification, and is not a ‘‘significant regulatory Comments Invited alteration, or repair on the unsafe condition action’’ under Executive Order 12866. It addressed by this AD; and, if the unsafe Although this action is in the form of has been determined further that this condition has not been eliminated, the a final rule that involves requirements action involves an emergency regulation request should include specific proposed affecting flight safety and, thus, was not under DOT Regulatory Policies and actions to address it. preceded by notice and an opportunity Procedures (44 FR 11034, February 26, Compliance: Required as indicated, unless for public comment, comments are 1979). If it is determined that this accomplished previously. invited on this rule. Interested persons emergency regulation otherwise would To prevent uncommanded inflight engine are invited to comment on this rule by be significant under DOT Regulatory shutdowns, which can result in autorotation, submitting such written data, views, or Policies and Procedures, a final forced landing, and possible loss of the arguments as they may desire. regulatory evaluation will be prepared helicopter, accomplish the following: Communications should identify the and placed in the Rules Docket. A copy (a) Prior to further flight, replace the engine Rules Docket number and be submitted of it, if filed, may be obtained from the main electrical harness assembly, Part in triplicate to the address specified Number (P/N) 23062796, with an improved Rules Docket at the location provided assembly, P/N 23065805, in accordance with under the caption ADDRESSES. All under the caption ADDRESSES. communications received on or before Allison Engine Company Alert Commercial the closing date for comments will be List of Subjects in 14 CFR Part 39 Engine Bulletin (CEB) CEB–A–73–6010, dated October 15, 1996. considered, and this rule may be Air transportation, Aircraft, Aviation (b) Prior to January 31, 1998, install a new amended in light of the comments safety, Incorporation by reference, hydromechanical unit (HMU) and engine received. Factual information that Safety. control unit (ECU) in accordance with supports the commenter’s ideas and Adoption of the Amendment Allison Engine Company Alert CEB–A–73– suggestions is extremely helpful in 6015, Revision 1, dated July 30, 1997, or evaluating the effectiveness of the AD Accordingly, pursuant to the Revision 2, dated October 31, 1997. action and determining whether authority delegated to me by the (c) After completing the requirements of additional rulemaking action would be Administrator, the Federal Aviation paragraph (b) of this AD, and then prior to needed. Administration amends part 39 of the further flight: Comments are specifically invited on Federal Aviation Regulations (14 CFR (1) Remove the ‘‘OVRSPD SYSTEM INOP’’ the overall regulatory, economic, part 39) as follows: placard required by paragraph (d) of AD 96– environmental, and energy aspects of 24–09, and the rule that might suggest a need to PART 39ÐAIRWORTHINESS (2) Revise the FAA-approved Rotorcraft modify the rule. All comments DIRECTIVES Flight Manual (RFM) by removing the pages added by paragraph (f) of AD 96–24–09, and submitted will be available, both before 1. The authority citation for part 39 incorporate BHTC Flight Manual BHT–407– and after the closing date for comments, continues to read as follows: FM–1, Revision 5, dated June 24, 1997. in the Rules Docket for examination by (d) An alternative method of compliance or Authority: 49 U.S.C. 106(g), 40113, 44701. interested persons. A report that adjustment of the compliance time that summarizes each FAA-public contact § 39.13 [Amended] provides an acceptable level of safety may be concerned with the substance of this AD 2. Section 39.13 is amended by used if approved by the Manager, Chicago will be filed in the Rules Docket. Aircraft Certification Office. Operators shall removing Amendment 39–9834, (61 FR Commenters wishing the FAA to submit their requests through an appropriate acknowledge receipt of their comments 59828, November 25, 1996), and by FAA Principal Maintenance Inspector, who submitted in response to this notice adding a new airworthiness directive, may add comments and then send it to the must submit a self-addressed, stamped Amendment 39–10162, to read as Manager, Chicago Aircraft Certification postcard on which the following follows: Office. statement is made: ‘‘Comments to 97–21–09 Allison Engine Company: Note 2: Information concerning the Docket Number 97–ANE–40–AD.’’ The Amendment 39–10162. Docket 97–ANE– existence of approved alternative methods of postcard will be date stamped and 40–AD. Supersedes AD 96–24–09, compliance with this airworthiness directive, returned to the commenter. Amendment 39–9834. if any, may be obtained from the Chicago The regulations adopted herein will Applicability: Allison Engine Company Aircraft Certification Office. not have substantial direct effects on the Model 250-C47B turboshaft engines, installed (e) Special flight permits may be issued in States, on the relationship between the on but not limited to Bell Helicopter Textron, accordance with sections 21.197 and 21.199 A Division of Textron Canada Ltd. (BHTC) national government and the States, or of the Federal Aviation Regulations (14 CFR Model 407 helicopters. 21.197 and 21.199) to operate the aircraft to on the distribution of power and Note 1: This airworthiness directive (AD) a location where the requirements of this AD responsibilities among the various applies to each engine identified in the can be accomplished. levels of government. Therefore, in preceding applicability provision, regardless (f) The actions required by this AD shall be accordance with Executive Order 12612, of whether it has been modified, altered, or done in accordance with the following it is determined that this final rule does repaired in the area subject to the service documents:

Document No. Pages Revision Date

Allison Engine Company Alert, CEB±A±73±6010 ...... 1±7 ...... Original ...... Oct. 15, 1996. Total Pages: 7 Allison Engine Company Alert, CEB±A±73±6015 ...... 1±4 ...... 1 ...... July 30, 1997. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61441

Document No. Pages Revision Date

Total Pages: 4 Allison Engine Company Alert, CEB±A±73±6015 ...... 1±4 ...... 2 ...... Oct. 31, 1997. Total pages: 4 BHTC Flight Manual BHT±407±FM±1 ...... Cover ...... 5 ...... June 24, 1997. NP ...... 3 ...... July 30, 1996. A,B ...... 5 ...... June 24, 1997. C/D ...... 5 ...... June 24, 1997. 1±3 ...... 5 ...... June 24, 1997. 1±4 ...... 4 ...... Nov. 4, 1996. 1±7, 1±8 ...... 5 ...... June 24, 1997. 1±13 ...... 4 ...... Nov. 4, 1996. 1±14 ...... 5 ...... June 24, 1997. 1±14A/14B .. 5 ...... June 24, 1997. 1±19/1±20 ... 5 ...... June 24, 1997. 2±3 ...... 5 ...... June 24, 1997. 2±4 ...... 1 ...... Mar. 8, 1996. 2±7Ð2±10 .. 5 ...... June 24, 1997. 2±13, 2±14 .. 5 ...... June 24, 1997. 3±3Ð3±5 .... 5 ...... June 24, 1997. 3±6 ...... 2 ...... May 9, 1996. 3±7, 3±8 ...... 5 ...... June 24, 1997. 3±15 ...... 5 ...... June 24, 1997. 3±16 ...... 2 ...... May 9, 1996. 3±17Ð3±22 5 ...... June 24, 1997. 4±5, 4±6 ...... 5 ...... June 24, 1997. 4±9 ...... Original ...... Feb. 9, 1996. 4±10Ð4±12 5 ...... June 24, 1997. Total pages: 40

This incorporation by reference was SUMMARY: This regulation establishes a and Services Division (7502C), Office of approved by the Director of the Federal time-limited tolerance for residues of Pesticide Programs, Environmental Register in accordance with 5 U.S.C. 552(a) fenarimol in or on filberts. This action Protection Agency, 401 M St., SW., and 1 CFR part 51. Copies may be obtained is in response to EPA’s granting of an Washington, DC 20460. In person, bring from Allison Engine Company, P.O. Box 420, emergency exemption under section 18 Speed Code P–40A, Indianapolis, IN 46206– a copy of objections and hearing 0420; telephone (317) 230–2720, fax (317) of the Federal Insecticide, Fungicide, requests to Rm. 1132, CM #2, 1921 230–3381. Copies may be inspected at the and Rodenticide Act authorizing use of Jefferson Davis Hwy., Arlington, VA. FAA, New England Region, Office of the the pesticide on filberts. This regulation A copy of objections and hearing Assistant Chief Counsel, 12 New England establishes a maximum permissible requests filed with the Hearing Clerk Executive Park, Burlington, MA; or at the level for residues of fenarimol in this may also be submitted electronically by Office of the Federal Register, 800 North food commodity pursuant to section sending electronic mail (e-mail) to: opp- Capitol Street, NW., suite 700, Washington, 408(l)(6) of the Federal Food, Drug, and DC. [email protected]. Copies of Cosmetic Act, as amended by the Food objections and hearing requests must be (h) This amendment becomes effective on Quality Protection Act of 1996. The December 3, 1997. submitted as an ASCII file avoiding the tolerance will expire and is revoked on use of special characters and any form Issued in Burlington, Massachusetts, on December 31, 1998. November 10, 1997. of encryption. Copies of objections and DATES: This regulation is effective hearing requests will also be accepted Jay J. Pardee, November 18, 1997. Objections and Manager, Engine and Propeller Directorate, on disks in WordPerfect 5.1/6.1 or requests for hearings must be received ASCII file format. All copies of Aircraft Certification Service. by EPA on or before January 20, 1998. [FR Doc. 97–30201 Filed 11–17–97; 8:45 am] objections and hearing requests in ADDRESSES: Written objections and electronic form must be identified by BILLING CODE 4910±13±P hearing requests, identified by the the docket control number [OPP– docket control number, [OPP–300559], 300559]. No Confidential Business must be submitted to: Hearing Clerk Information (CBI) should be submitted ENVIRONMENTAL PROTECTION (1900), Environmental Protection through e-mail. Electronic copies of AGENCY Agency, Rm. M3708, 401 M St., SW., objections and hearing requests on this Washington, DC 20460. Fees rule may be filed online at many Federal 40 CFR Part 180 accompanying objections and hearing Depository Libraries. requests shall be labeled ‘‘Tolerance [OPP±300559; FRL 5753±5] Petition Fees’’ and forwarded to: EPA FOR FURTHER INFORMATION CONTACT: By Headquarters Accounting Operations mail: Olga Odiott, Registration Division RIN 2070±AB78 Branch, OPP (Tolerance Fees), P.O. Box (7505C), Office of Pesticide Programs, Fenarimol; Pesticide Tolerances for 360277M, Pittsburgh, PA 15251. A copy Environmental Protection Agency, 401 Emergency Exemptions of any objections and hearing requests M St., SW., Washington, DC 20460. filed with the Hearing Clerk identified Office location, telephone number, and AGENCY: Environmental Protection by the docket control number, [OPP– e-mail address: Rm. 268, Crystal Mall Agency (EPA). 300559], must also be submitted to: #2, 1921 Jefferson Davis Hwy., Public Information and Records Arlington, VA, (703) 308–9363; e-mail: ACTION: Final rule. Integrity Branch, Information Resources [email protected]. 61442 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

SUPPLEMENTARY INFORMATION: EPA on its governing such emergency exemptions expire and is revoked on December 31, own initiative, pursuant to section in 40 CFR part 166. 1998, under FFDCA section 408(l)(5), 408(e) and (l)(6) of the Federal Food, Section 408(l)(6) of the FFDCA residues of the pesticide not in excess Drug, and Cosmetic Act (FFDCA), 21 requires EPA to establish a time-limited of the amounts specified in the U.S.C. 346a(e) and (l)(6), is establishing tolerance or exemption from the tolerance remaining in or on filberts a tolerance for residues of the fungicide requirement for a tolerance for pesticide after that date will not be unlawful, fenarimol, in or on filberts at 0.02 part chemical residues in food that will provided the pesticide is applied in a per million (ppm). This tolerance will result from the use of a pesticide under manner that was lawful under FIFRA. expire and is revoked on December 31, an emergency exemption granted by EPA will take action to revoke this 1998. EPA will publish a document in EPA under section 18 of FIFRA. Such tolerance earlier if any experience with, the Federal Register to remove the tolerances can be established without scientific data on, or other relevant revoked tolerance from the Code of providing notice or period for public information on this pesticide indicate Federal Regulations. comment. that the residues are not safe. Because decisions on section 18- Because this tolerance is being I. Background and Statutory Authority related tolerances must proceed before approved under emergency conditions The Food Quality Protection Act of EPA reaches closure on several policy EPA has not made any decisions about 1996 (FQPA) (Pub. L. 104–170) was issues relating to interpretation and whether fenarimol meets EPA’s signed into law August 3, 1996. FQPA implementation of the FQPA, EPA does registration requirements for use on amends both the Federal Food, Drug, not intend for its actions on such filberts or whether a permanent and Cosmetic Act (FFDCA), 21 U.S.C. tolerance to set binding precedents for tolerance for this use would be 301 et seq., and the Federal Insecticide, the application of section 408 and the appropriate. Under these circumstances, Fungicide, and Rodenticide Act new safety standard to other tolerances EPA does not believe that this tolerance (FIFRA), 7 U.S.C. 136 et seq . The FQPA and exemptions. serves as a basis for registration of amendments went into effect II. Emergency Exemption for Fenarimol fenarimol by a State for special local immediately. Among other things, on Filberts and FFDCA Tolerances needs under FIFRA section 24(c). Nor FQPA amends FFDCA to bring all EPA does this tolerance serve as the basis for The state of Oregon availed itself of any State other than Oregon to use this pesticide tolerance-setting activities the authority to declare a crisis under a new section 408 with a new pesticide on this crop under section 18 exemption to use fenarimol for control of FIFRA without following all safety standard and new procedures. of the Eastern filbert blight These activities are described below and provisions of section 18 as identified in Anisogramma anomala in hazelnuts 40 CFR part 166. For additional discussed in greater detail in the final filberts. A. Anomala is a fungus with a rule establishing the time-limited information regarding the emergency long life cycle. A major infection center exemption for fenarimol, contact the tolerance associated with the emergency was discovered east of Portland, Oregon exemption for use of propiconazole on Agency’s Registration Division at the in 1986, and recent surveys have address provided above. sorghum (61 FR 58135, November 13, detected the disease scattered through 1996) (FRL 5572–9). the northern production areas of the III. Risk Assessment and Statutory New section 408(b)(2)(A)(i) of the Willamette Valley. Without controls the Findings FFDCA allows EPA to establish a disease renders an orchard EPA performs a number of analyses to tolerance (the legal limit for a pesticide unproductive within 4 years of determine the risks from aggregate chemical residue in or on a food) only infection. Since Oregon produces 98% exposure to pesticide residues. First, if EPA determines that the tolerance is of the hazelnuts in the United States the EPA determines the toxicity of ‘‘safe.’’ Section 408(b)(2)(A)(ii) defines entire U.S. production is at risk. EPA pesticides based primarily on ‘‘safe’’ to mean that ‘‘there is a has authorized under FIFRA section 18 toxicological studies using laboratory reasonable certainty that no harm will the use of fenarimol on filberts for animals. These studies address many result from aggregate exposure to the control of the Eastern filbert blight in adverse health effects, including (but pesticide chemical residue, including Oregon. After having reviewed the not limited to) reproductive effects, all anticipated dietary exposures and all submission, EPA concurs that developmental toxicity, toxicity to the other exposures for which there is emergency conditions exist for this nervous system, and carcinogenicity. reliable information.’’ This includes state. Second, EPA examines exposure to the exposure through drinking water and in As part of its assessment of this pesticide through the diet (e.g., food and residential settings, but does not include emergency exemption, EPA assessed the drinking water) and through exposures occupational exposure. Section potential risks presented by residues of that occur as a result of pesticide use in 408(b)(2)(C) requires EPA to give special fenarimol in or on filberts. In doing so, residential settings. consideration to exposure of infants and EPA considered the new safety standard children to the pesticide chemical in FFDCA section 408(b)(2), and EPA A. Toxicity residue in establishing a tolerance and decided that the necessary tolerance 1. Threshold and non-threshold to ‘‘ensure that there is a reasonable under FFDCA section 408(l)(6) would be effects. For many animal studies, a dose certainty that no harm will result to consistent with the new safety standard response relationship can be infants and children from aggregate and with FIFRA section 18. Consistent determined, which provides a dose that exposure to the pesticide chemical with the need to move quickly on the causes adverse effects (threshold effects) residue. . . .’’ emergency exemption in order to and doses causing no observed effects Section 18 of FIFRA authorizes EPA address an urgent non-routine situation (the ‘‘no-observed effect level’’ or to exempt any Federal or State agency and to ensure that the resulting food is ‘‘NOEL’’). from any provision of FIFRA, if EPA safe and lawful, EPA is issuing this Once a study has been evaluated and determines that ‘‘emergency conditions tolerance without notice and the observed effects have been exist which require such exemption.’’ opportunity for public comment under determined to be threshold effects, EPA This provision was not amended by section 408(e), as provided in section generally divides the NOEL from the FQPA. EPA has established regulations 408(l)(6). Although this tolerance will study with the lowest NOEL by an Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61443 uncertainty factor (usually 100 or more) assessments are defined by the Agency B. Aggregate Exposure to determine the Reference Dose (RfD). as follows. The RfD is a level at or below which In examining aggregate exposure, Acute risk, by the Agency’s definition, FFDCA section 408 requires that EPA daily aggregate exposure over a lifetime results from 1–day consumption of food will not pose appreciable risks to take into account available and reliable and water, and reflects toxicity which information concerning exposure from human health. An uncertainty factor could be expressed following a single (sometimes called a ‘‘safety factor’’) of the pesticide residue in the food in oral exposure to the pesticide residues. 100 is commonly used since it is question, residues in other foods for High end exposure to food and water assumed that people may be up to 10 which there are tolerances, residues in residues are typically assumed. times more sensitive to pesticides than groundwater or surface water that is the test animals, and that one person or Short-term risk results from exposure consumed as drinking water, and other subgroup of the population (such as to the pesticide for a period of 1–7 days, non-occupational exposures through infants and children) could be up to 10 and therefore overlaps with the acute pesticide use in gardens, lawns, or times more sensitive to a pesticide than risk assessment. Historically, this risk buildings (residential and other indoor another. In addition, EPA assesses the assessment was intended to address uses). Dietary exposure to residues of a potential risks to infants and children primarily dermal and inhalation pesticide in a food commodity are based on the weight of the evidence of exposure which could result, for estimated by multiplying the average the toxicology studies and determines example, from residential pesticide daily consumption of the food forms of whether an additional uncertainty factor applications. However, since enaction of that commodity by the tolerance level or is warranted. Thus, an aggregate daily FQPA, this assessment has been the anticipated pesticide residue level. exposure to a pesticide residue at or expanded to include both dietary and The Theoretical Maximum Residue below the RfD (expressed as 100 percent non-dietary sources of exposure, and Contribution (TMRC) is an estimate of or less of the RfD) is generally will typically consider exposure from the level of residues consumed daily if considered acceptable by EPA. EPA food, water, and residential uses when each food item contained pesticide generally uses the RfD to evaluate the reliable data are available. In this residues equal to the tolerance. In chronic risks posed by pesticide assessment, risks from average food and evaluating food exposures, EPA takes exposure. For shorter term risks, EPA water exposure, and high-end into account varying consumption calculates a margin of exposure (MOE) residential exposure, are aggregated. patterns of major identifiable subgroups by dividing the estimated human High-end exposures from all 3 sources of consumers, including infants and exposure into the NOEL from the are not typically added because of the appropriate animal study. Commonly, children.The TMRC is a ‘‘worst case’’ very low probability of this occurring in EPA finds MOEs lower than 100 to be estimate since it is based on the most cases, and because the other unacceptable. This 100-fold MOE is assumptions that food contains conservative assumptions built into the based on the same rationale as the 100- pesticide residues at the tolerance level fold uncertainty factor. assessment assure adequate protection and that 100% of the crop is treated by Lifetime feeding studies in two of public health. However, for cases in pesticides that have established species of laboratory animals are which high-end exposure can tolerances. If the TMRC exceeds the RfD conducted to screen pesticides for reasonably be expected from multiple or poses a lifetime cancer risk that is cancer effects. When evidence of sources (e.g. frequent and widespread greater than approximately one in a increased cancer is noted in these homeowner use in a specific million, EPA attempts to derive a more studies, the Agency conducts a weight geographical area), multiple high-end accurate exposure estimate for the of the evidence review of all relevant risks will be aggregated and presented pesticide by evaluating additional types toxicological data including short-term as part of the comprehensive risk of information (anticipated residue data and mutagenicity studies and structure assessment/characterization. Since the and/or percent of crop treated data) activity relationship. Once a pesticide toxicological endpoint considered in which show, generally, that pesticide has been classified as a potential human this assessment reflects exposure over a residues in most foods when they are carcinogen, different types of risk period of at least 7 days, an additional eaten are well below established assessments (e.g., linear low dose degree of conservatism is built into the tolerances. extrapolations or MOE calculation based assessment; i.e., the risk assessment Percent of crop treated estimates are on the appropriate NOEL) will be nominally covers 1-7 days exposure, derived from federal and private market carried out based on the nature of the and the toxicological endpoint/NOEL is survey data. Typically, a range of carcinogenic response and the Agency’s selected to be adequate for at least 7 estimates are supplied and the upper knowledge of its mode of action. days of exposure. (Toxicity results at 2. Differences in toxic effect due to lower levels when the dosing duration end of this range is assumed for the exposure duration. The toxicological is increased.) exposure assessment. By using this effects of a pesticide can vary with upper end estimate of percent of crop Intermediate-term risk results from different exposure durations. EPA treated, the Agency is reasonably certain exposure for 7 days to several months. considers the entire toxicity data base, that exposure is not understated for any This assessment is handled in a manner and based on the effects seen for significant subpopulation group. similar to the short-term risk different durations and routes of Further, regional consumption assessment. exposure, determines which risk information is taken into account assessments should be done to assure Chronic risk assessment describes risk through EPA’s computer-based model that the public is adequately protected which could result from several months for evaluating the exposure of from any pesticide exposure scenario. to a lifetime of exposure. For this significant subpopulations including Both short and long durations of assessment, risks are aggregated several regional groups, to pesticide exposure are always considered. considering average exposure from all residues. For this pesticide, the most Typically, risk assessments include sources for representative population highly exposed population subgroup ‘‘acute,’’ ‘‘short-term,’’ ‘‘intermediate subgroups including infants and non-nursing infants < 1 year old was not term,’’ and ‘‘chronic’’ risks. These children. regionally based. 61444 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

IV. Aggregate Risk Assessment and of raw agricultural commodities at Levels for this active ingredient in Determination of Safety levels ranging from 0.003 ppm in milk drinking water have been issued. Because the Agency lacks sufficient Consistent with section 408(b)(2)(D), to 0.1 ppm in apples, pears and pecans. water-related exposure data to complete EPA has reviewed the available Tolerances have also been established a comprehensive drinking water risk scientific data and other relevant for residues of fenarimol and its metabolites (alpha-(2-chlorophenyl)- assessment for many pesticides, EPA information in support of this action, alpha-(4-chlorophenyl)-1,4-dihydro-5- has commenced and nearly completed a EPA has sufficient data to assess the pyrimidinemethanol, and 5-[2- process to identify a reasonable yet hazards of fenarimol and to make a chlorophenyl)-(4-chlorophenyl)methyl]- conservative bounding figure for the determination on aggregate exposure, 3,4-dihydro-4-pyrimidinol measured as potential contribution of water-related consistent with section 408(b)(2), for a the total of fenarimol and 5-[(2- exposure to the aggregate risk posed by time-limited tolerance for residues of chlorophenyl)-(4-chlorophenyl)methyl]- a pesticide. In developing the bounding fenarimol on filberts at 0.02 ppm. EPA’s 3,4-dihydro-4-pyrimidine (calculated as figure, EPA estimated residue levels in assessment of the dietary exposures and fenarimol)) ranging from 1.0 ppm for water for a number of specific pesticides risks associated with establishing the cherries to 0.02 ppm for grapes. For this using various data sources. The Agency tolerance follows. Section 18 only, the Agency determined then applied the estimated residue A. Toxicological Profile that the residue of concern in filberts is levels, in conjunction with appropriate parent fenarimol. Risk assessments were toxicological endpoints (RfD’s or acute EPA has evaluated the available conducted by EPA to assess dietary dietary NOEL’s) and assumptions about toxicity data and considered its validity, exposures and risks from fenarimol as body weight and consumption, to completeness, and reliability as well as follows: calculate, for each pesticide, the the relationship of the results of the i. Acute exposure and risk. Acute increment of aggregate risk contributed studies to human risk. EPA has also dietary risk assessments are performed by consumption of contaminated water. considered available information for a food-use pesticide if a toxicological While EPA has not yet pinpointed the concerning the variability of the study has indicated the possibility of an appropriate bounding figure for sensitivities of major identifiable effect of concern occurring as a result of exposure from contaminated water, the subgroups of consumers, including a one day or single exposure. The acute ranges the Agency is continuing to infants and children. The nature of the dietary (food only) risk assessment used examine are all below the level that toxic effects caused by fenarimol are TMRC estimates. The resulting high-end would cause fenarimol to exceed the discussed below. exposure estimate of 0.01 mg/kg/day RfD if the tolerance being considered in 1. Acute toxicity. The Agency results in a dietary (food only) MOE of this document were granted. The determined that the NOEL of 13 mg/kg/ 1300 for females 13+ years. This MOE Agency has therefore concluded that the day, based on hydronephrosis at the should be viewed as a conservative risk potential exposures associated with lowest effect level (LEL) of 35 mg/kg/ estimate. Refinement of the risk fenarimol in water, even at the higher day, from a developmental study in rats assessment using anticipated residue levels the Agency is considering as a should be used to assess acute dietary values and percent crop-treated data conservative upper bound, would not risks from residues of fenarimol. This would result in a lower acute dietary prevent the Agency from determining risk assessment will evaluate risk to risk estimate. that there is a reasonable certainty of no females 13+ years old, the population ii. Chronic exposure and risk. For the harm if the tolerance is granted. subgroup of concern. chronic dietary (food only) risk 3. From non-dietary exposure. 2. Short - and intermediate - term assessment, the Agency assumed that Fenarimol is currently registered for use toxicity. The Agency determined that 100% of filberts and all other on the following residential non-food the NOEL of 13 mg/kg/day from the rat commodities having fenarimol sites: ornamentals, turf and lawns. developmental study should be used to tolerances will contain fenarimol There are no indoor residential uses for assess risks from short- and residues and those residues would be at fenarimol. Based on the nature of the intermediate-term exposures to residues the tolerance level. These assumptions outdoor residential uses, the EPA of fenarimol. At the LEL of 35 mg/kg/ result in an over estimate of human concludes that chronic residential day, there was hydronephrosis. dietary exposure. Thus, in making a exposure scenarios do not exist for 3. Chronic toxicity. EPA has safety determination for this tolerance, fenarimol. Short and/or intermediate established the RfD for fenarimol at HED is taking into account this term exposure scenarios may exist. 0.065 milligrams/kilogram/day (mg/kg/ conservative exposure assessment. The However, the Agency currently lacks day). This RfD is based on a 2–year rat existing fenarimol tolerances (published sufficient residential-related exposure feeding study with a NOEL of 6.5 mg/ and pending, and including the data to complete a comprehensive kg/day and an uncertainty factor of 100 necessary Section 18 tolerance) result in residential risk assessment for many based on fatty change in the liver at the a TMRC that is equivalent to pesticides, including fenarimol. LEL of 13 mg/kg/day. percentages of the RfD that range from 4. Cumulative exposure to substances 4. Carcinogenicity. The Agency’s 1% for the U.S. population to 3% for with common mechanism of toxicity. Carcinogenicity Peer Review Committee non-nursing infants < 1 year old. Section 408(b)(2)(D)(v) requires that, (CPRC) has classified fenarimol as a 2. From drinking water. Based on when considering whether to establish, Group E (non-carcinogenic in humans) available data used in EPA’s assessment modify, or revoke a tolerance, the chemical. of environmental risk, fenarimol is not Agency consider ‘‘available expected to leach to groundwater. information’’ concerning the cumulative B. Exposures and Risks Information on its persistence is effects of a particular pesticide’s 1. From food and feed uses. inconclusive. There is no information residues and ‘‘other substances that Tolerances have been established (40 on the persistence/mobility of fenarimol have a common mechanism of toxicity.’’ CFR 180.421) for the residues of metabolites/degradates. There are no The Agency believes that ‘‘available fenarimol (alpha-(2 chlorophenyl)- established Maximum Contaminant information’’ in this context might alpha-(4-chlorophenyl)-5- Levels for residues of fenarimol in include not only toxicity, chemistry, pyrimidinemethanol), in or on a variety drinking water and no Health Advisory and exposure data, but also scientific Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61445 policies and methodologies for water and from non-dietary, non- and children. Margins of safety are understanding common mechanisms of occupational exposure, EPA does not incorporated into EPA risk assessments toxicity and conducting cumulative risk expect the aggregate exposure to exceed either directly through use of a MOE assessments. For most pesticides, the Agency’s level of concern. analysis or through using uncertainty although the Agency has some 2. Chronic risk. Using the TMRC (safety) factors in calculating a dose information in its files that may turn out exposure assumptions described above, level that poses no appreciable risk to to be helpful in eventually determining EPA has concluded that aggregate humans. EPA believes that reliable data whether a pesticide shares a common exposure to fenarimol from food will support using the standard 100-fold mechanism of toxicity with any other utilize 1% of the RfD for the U.S. safety factor and not the additional ten- substances, EPA does not at this time population. The major identifiable fold safety factor when EPA has a have the methodologies to resolve the subgroup with the highest aggregate complete data base under existing complex scientific issues concerning exposure is non-nursing infants < 1 year guidelines and when the severity of the common mechanism of toxicity in a old. EPA generally has no concern for effect in infants or children or the meaningful way. EPA has begun a pilot exposures below 100% of the RfD potency or unusual toxic properties of a process to study this issue further because the RfD represents the level at compound do not raise concerns through the examination of particular or below which daily aggregate dietary regarding the adequacy of the standard classes of pesticides. The Agency hopes exposure over a lifetime will not pose safety factor. that the results of this pilot process will appreciable risks to human health. b. Developmental toxicity studies— increase the Agency’s scientific Despite the potential for exposure to Rats. The maternal (systemic) NOEL understanding of this question such that fenarimol in drinking water, EPA does was 13 mg/kg/day, based on decreased EPA will be able to develop and apply not expect the aggregate exposure to weight gain at the LOEL of 35 mg/kg/ scientific principles for better exceed 100% of the RfD. EPA concludes day. The developmental (fetal) NOEL determining which chemicals have a that there is a reasonable certainty that was 13 mg/kg/day based on common mechanism of toxicity and no harm will result from aggregate hydronephrosis at the LOEL of 35 mg/ evaluating the cumulative effects of exposure to fenarimol residues. kg/day. Rabbits: The maternal (systemic) such chemicals. The Agency anticipates, 3. Short- and intermediate-term risk. NOEL was 35 mg/kg/day, the highest however, that even as its understanding Short- and intermediate-term dose tested (HDT). The developmental of the science of common mechanisms aggregate exposure takes into account (fetal) NOEL was 35 mg/kg/day (HDT). increases, decisions on specific classes chronic dietary food and water c. Reproductive toxicity study—Rats. of chemicals will be heavily dependent (considered to be a background In a 3-generation rat reproduction study, on chemical specific data, much of exposure level) plus indoor and outdoor the maternal (systemic) NOEL was 5.0 which may not be presently available. residential exposure. Based on the mg/kg/day, based on increased gestation Although at present the Agency does registered uses of fenarimol short and/ time, and delayed onset of parturition at not know how to apply the information or intermediate term exposure scenarios the LOEL of 17.5 mg/kg/day. The in its files concerning common may exist. However, the Agency developmental (pup) NOEL was 5.0 mg/ mechanism issues to most risk currently lacks sufficient residential- kg/day, based on decreased pup survival assessments, there are pesticides as to related exposure data to complete a and hydronephrosis at the LOEL of 17.5 which the common mechanism issues comprehensive residential risk mg/kg/day. The reproductive NOEL was can be resolved. These pesticides assessment for many pesticides, 2.5 mg/kg/day, based on anti-fertility include pesticides that are including fenarimol. effects in males, and dystocia in females toxicologically dissimilar to existing at the LEL of 5.0 mg/kg/day. D. Aggregate Risks and Determination of d. Pre- and post-natal sensitivity. chemical substances (in which case the Safety for Infants and Children Agency can conclude that it is unlikely Based on the developmental toxicity that a pesticide shares a common 1. Safety factor for infants and studies discussed above, for fenarimol mechanism of activity with other children— a. In general. In assessing the there does not appear to be a special substances) and pesticides that produce potential for additional sensitivity of sensitivity for pre-natal effects. However a common toxic metabolite (in which infants and children to residues of based on the developmental finding of case common mechanism of activity fenarimol, EPA considered data from hydronephrosis in the rat study, an will be assumed). developmental toxicity studies in the rat acute dietary risk assessment was EPA does not have, at this time, and rabbit and a 3-generation performed for females 13+ years of age. available data to determine whether reproduction study in the rat and Based on the reproductive toxicity fenarimol has a common mechanism of reproduction studies in mice and guinea studies discussed above and other toxicity with other substances or how to pigs. The developmental toxicity studies reviewed data for fenarimol, there does include this pesticide in a cumulative are designed to evaluate adverse effects not appear to be a special sensitivity for risk assessment. For the purposes of this on the developing organism resulting post-natal effects. The major tolerance action, therefore, EPA has not from maternal pesticide exposure reproductive findings in the rat (post- assumed that fenarimol has a common during gestation. Reproduction studies natal male infertility and dystocia and mechanism of toxicity with other provide information relating to effects related effects in females) were substances. from exposure to the pesticide on the concluded to be species-specific reproductive capability of mating findings by the Agency. Reproduction C. Aggregate Risks and Determination of animals and data on systemic toxicity. studies in mice, rabbits, and guinea pigs Safety for U.S. Population FFDCA section 408 provides that EPA did not demonstrate the reproductive 1. Acute risk. For the population shall apply an additional ten-fold concerns. Mechanistic data also subgroup of concern, females 13+ years, margin of safety for infants and children substantiate the species-specific the Agency estimated an MOE value of in the case of threshold effects to conclusion. 1300 for the acute aggregate dietary account for pre-and post-natal toxicity e. Conclusion. The EPA concludes (food only) risk from exposures to and the completeness of the database that reliable data support use of the fenarimol residues. Despite the potential unless EPA determines that a different standard 100-fold margin of exposure/ for exposure to fenarimol in drinking margin of safety will be safe for infants uncertainty factor and that an additional 61446 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations margin/factor is not needed to protect the livestock metabolism and magnitude request for a hearing will be granted if infants and children. of residues in meat, milk, poultry and the Administrator determines that the 2. Acute risk. The acute dietary MOE eggs are not a concern for this section material submitted shows the following: (food only) was calculated to be 1300 for 18. There is genuine and substantial issue females 13+ years (accounts for both of fact; there is a reasonable possibility B. Analytical Enforcement Methodology maternal and fetal exposure). These that available evidence identified by the MOE calculations were based on the Analytical methodology exists for the requestor would, if established, resolve developmental NOEL in rats of 13 mg/ enforcement of currently established one or more of such issues in favor of kg/day. This risk assessment assumed tolerances for fenarimol. the requestor, taking into account 100% crop-treatment with tolerance C. Magnitude of Residues uncontested claims or facts to the level residues on all treated crops contrary; and resolution of the factual consumed, resulting in an over-estimate Residues of fenarimol are not issues in the manner sought by the of dietary exposure. The large acute expected to exceed 0.02 ppm in/on requestor would be adequate to justify dietary MOE calculated for females 13+ filberts as a result of this section 18 use. the action requested (40 CFR 178.32). years provides assurance that there is a D. International Residue Limits Information submitted in connection reasonable certainty of no harm for with an objection or hearing request females 13+ years. Despite the potential There are no Codex, Mexican or may be claimed confidential by marking for exposure to fenarimol in drinking Canadian Maximum Residue Limits any part or all of that information as water, the Agency does not expect the (MRL) for fenarimol in/on filberts. Thus, Confidential Business Information (CBI). aggregate exposure (food plus water) to harmonization with Mexico and Canada Information so marked will not be exceed the Agency’s level of concern for are not an issue for this section 18. disclosed except in accordance with acute dietary exposure. VI. Conclusion procedures set forth in 40 CFR part 2. 3. Chronic risk. Using the A copy of the information that does not Therefore, the tolerance is established conservative exposure assumptions contain CBI must be submitted for for residues of fenarimol in filberts at described above, EPA has concluded inclusion in the public record. 0.02 ppm. that aggregate exposure to fenarimol Information not marked confidential from food will utilize a percentage of VII. Objections and Hearing Requests may be disclosed publicly by EPA without prior notice. the RfD that ranges from 1% percent for The new FFDCA section 408(g) children (1–6 yrs.), up to 3% percent for provides essentially the same process VIII. Public Docket non-nursing infants <1 year old. EPA for persons to ‘‘object’’ to a tolerance EPA has established a record for this generally has no concern for exposures regulation issued by EPA under new below 100% of the RfD because the RfD rulemaking under docket control section 408(e) and (l)(6) as was provided number [OPP–300559] (including any represents the level at or below which in the old section 408 and in section daily aggregate dietary exposure over a comments and data submitted 409. However, the period for filing electronically). A public version of this lifetime will not pose appreciable risks objections is 60 days, rather than 30 to human health. Despite the potential record, including printed, paper days. EPA currently has procedural versions of electronic comments, which for exposure to fenarimol in drinking regulations which govern the water EPA does not expect the aggregate does not include any information submission of objections and hearing claimed as CBI, is available for exposure to exceed 100% of the RfD. requests. These regulations will require inspection from 8:30 a.m. to 4 p.m., EPA concludes that there is a reasonable some modification to reflect the new Monday through Friday, excluding legal certainty that no harm will result to law. However, until those modifications holidays. The public record is located in infants and children from chronic can be made, EPA will continue to use Room 1132 of the Public Information aggregate exposure to fenarimol those procedural regulations with and Records Integrity Branch, residues. appropriate adjustments to reflect the Information Resources and Services 4. Short- or intermediate-term risk. new law. Division (7502C), Office of Pesticide Based on the registered uses of Any person may, by January 20, 1998, Programs, Environmental Protection fenarimol short and/or intermediate file written objections to any aspect of Agency, Crystal Mall #2, 1921 Jefferson term exposure scenarios may exist. this regulation and may also request a Davis Highway, Arlington, VA. However, the Agency currently lacks hearing on those objections. Objections Electronic comments may be sent sufficient residential-related exposure and hearing requests must be filed with directly to EPA at: data to complete a comprehensive the Hearing Clerk, at the address given [email protected]. residential risk assessment for many above (40 CFR 178.20). A copy of the pesticides, including fenarimol. objections and/or hearing requests filed Electronic comments must be V. Other Considerations with the Hearing Clerk should be submitted as an ASCII file avoiding the submitted to the OPP docket for this use of special characters and any form A. Metabolism In Plants and Animals rulemaking. The objections submitted of encryption. The nature of the residue of fenarimol must specify the provisions of the The official record for this in filberts has not been directly regulation deemed objectionable and the rulemaking, as well as the public determined. Metabolism studies with grounds for the objections (40 CFR version, as described above will be kept fenarimol in apples and cherries 178.25). Each objection must be in paper form. Accordingly, EPA will indicate that the parent compound is accompanied by the fee prescribed by transfer any copies of objections and the only significant residue. For the 40 CFR 180.33(i). If a hearing is hearing requests received electronically purpose of this tolerance, EPA will requested, the objections must include a into printed, paper form as they are translate these data to filberts. For this statement of the factual issues on which received and will place the paper copies tolerance only, EPA concludes that the a hearing is requested, the requestor’s in the official rulemaking record which residue of concern in filberts is parent contentions on such issues, and a will also include all comments fenarimol. There are no livestock summary of any evidence relied upon submitted directly in writing. The feedstuffs derived from filberts. Thus, by the requestor (40 CFR 178.27). A official rulemaking record is the paper Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61447 record maintained at the Virginia entitled Protection of Children from Accounting Office prior to publication address in ‘‘ADDRESSES’’ at the Environmental Health Risks and Safety of this rule in today’s Federal Register. beginning of this document. Risks (62 FR 19885, April 23, 1997). This is not a ‘‘major rule’’ as defined by In addition, since these tolerances and 5 U.S.C. 804(2). IX. Regulatory Assessment exemptions that are established under Requirements FFDCA section 408 (l)(6), such as the List of Subjects in 40 CFR Part 180 tolerance in this final rule, do not This final rule establishes a time- Environmental protection, require the issuance of a proposed rule, limited tolerance under FFDCA section Administrative practice and procedure, the requirements of the Regulatory 408 (l)(6). The Office of Management Agricultural commodities, Pesticides Flexibility Act (RFA) (5 U.S.C. 601 et and Budget (OMB) has exempted these and pests, Reporting and recordkeeping seq.) do not apply. Nevertheless, the requirements. types of actions from review under Agency has previously assessed whether Executive Order 12866, entitled establishing tolerances, exemptions Dated: October 30, 1997. Regulatory Planning and Review (58 FR from tolerances, raising tolerance levels Peter Caulkins, 51735, October 4, 1993). This final rule or expanding exemptions might does not contain any information Acting Director, Registration Division, Office adversely impact small entities and of Pesticide Programs. collections subject to OMB approval concluded, as a generic matter, that under the Paperwork Reduction Act there is no adverse economic impact. Therefore, 40 CFR chapter I is (PRA), 44 U.S.C. 3501 et seq., or impose The factual basis for the Agency’s amended as follows: any enforceable duty or contain any generic certification for tolerance PART 180Ð[AMENDED] unfunded mandate as described under acations published on May 4, 1981 (46 Title II of the Unfunded Mandates FR 24950), and was provided to the 1. The authority citation for part 180 Reform Act of 1995 (UMRA) (Pub. L. Chief Counsel for Advocacy of the Small continues to read as follows: 104–4). Nor does it require any prior Business Administration. consultation as specified by Executive Authority: 21 U.S.C. 346a and 371. Order 12875, entitled Enhancing the X. Submission to Congress and the Intergovernmental Partnership (58 FR General Accounting Office 2. In §180.421, by alphabetically 58093, October 28, 1993), or special Under 5 U.S.C. 801(a)(1)(A), as added adding ‘‘Filberts’’ to the table in considerations as required by Executive by the Small Business Regulatory paragraph (b) to read as follows: Order 12898, entitled Federal Actions to Enforcement Fairness Act of 1996, the Address Environmental Justice in Agency has submitted a report §180.421 Fenarimol; tolerances for Minority Populations and Low-Income containing this rule and other required residues. Populations (59 FR 7629, February 16, information to the U.S. Senate, the U.S. * * * * * 1994), or require OMB review in House of Representatives, and the (b) Section 18 emergency exemptions. accordance with Executive Order 13045, Comptroller General of the General ***

Commodity Parts per million Expiration/Revocation Date

Filberts ...... 0.02 12/31/98

*******

* * * * * fields; and the criteria for determining Radiofrequency Radiation, Second [FR Doc. 97–30252 Filed 11–17–97; 8:45 am] whether amateur radio stations must Memorandum Opinion and Order, perform routine environmental published in Federal Register 62 FR BILLING CODE 6560±50±F evaluations for human exposure to RF 47960, September 12, 1997, and 62 FR fields. The Commission is correcting the 49557, September 22, 1997. The first amendatory language and table to FEDERAL COMMUNICATIONS rule deals with the transition period for ensure that the amendments are COMMISSION implementing new guidelines for properly incorporated in the 1998 human exposure to radiofrequency (RF) 47 CFR Parts 1 and 97 revision of the Code of Federal electromagnetic fields. This rule, as Regulations. published, omits language that was [ET Docket No. 93±62; FCC 97±303] EFFECTIVE DATE: October 15, 1997. needed to clarify the Commission’s Guidelines for Evaluating the FOR FURTHER INFORMATION CONTACT: policy on implementation of the new Environmental Effects of Robert F. Cleveland, Office of guidelines. The second rule deals with Radiofrequency Radiation Engineering and Technology, Federal criteria for determining whether Communications Commission, (202) amateur radio stations must perform AGENCY: Federal Communications 418–2464. routine environmental evaluations for Commission. human exposure to RF fields. ACTION: Correcting amendment. SUPPLEMENTARY INFORMATION: Background Need for Correction SUMMARY: On September 12, 1997 (62 FR 47960), the Commission published The Commission is correcting The rule, as published, contained final rules in the Second Memorandum § 1.1307(b)(4) and § 97.13(c)(1) of the misleading language and an entry was Opinion and Order, which deals with Commission’s rules, 47 CFR 1.1307(b)(4) missing from a table that is necessary for the transition period for implementing and 47 CFR 97.13(c)(1), as modified in new guidelines for human exposure to Guidelines for Evaluating the radiofrequency (RF) electromagnetic Environmental Effects of 61448 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations defining the criteria under which PART 97ÐAMATEUR RADIO SERVICE FEDERAL COMMUNICATIONS certain stations are subject to COMMISSION evaluation. 1. The authority citation for part 97 continues to read as follows: 47 CFR Part 25 List of Subjects in 47 CFR Parts 1 and 97 Authority: 48 Stat. 1066, 1082, as [CC Docket No. 92±297; FCC 97±378] amended; 47 U.S.C. §§ 154, 303. Interpret or Radio, Reporting and recordkeeping apply 48 Stat. 1064–1068, 1081–1105, as Ka-Band Satellite Application and requirements. amended; 47 U.S.C. §§ 151–155, 301–609, Licensing Procedures unless otherwise noted. Accordingly, 47 CFR parts 1 and 97 AGENCY: Federal Communications are corrected by making the following § 97.13 [Corrected] Commission. correcting amendments: 2. Section 97.13(c)(1) and the table ACTION: Final rule with request for contained therein are corrected to read comments. PART 1ÐPRACTICE AND as follows: PROCEDURE SUMMARY: With this Report and Order, § 97.13 Restrictions on station location. the Commission adopts licensing qualification requirements and service 1. The authority citation for part 1 * * * * * continues to read as follows: rules for a new generation of fixed- (c) * * * satellite service (‘‘FSS’’) systems in the Authority: 47 U.S.C. 151, 154, 303 and (1) The licensee must perform the Ka-band.1 These systems have the 309(j), unless otherwise noted, and Section routine RF environmental evaluation potential to provide a wide variety of 704 of the Telecommunications Act of 1996. prescribed by § 1.1307(b) of this chapter, broadband interactive digital services in the United States and around the world § 1.1307 [Corrected] if the power of the licensee’s station exceeds the limits given in the following including: voice, data, and video; 2. Section 1.1307(b)(4) introductory table: videoconferencing; facsimile; computer text is corrected to read as follows: access and telemedicine. The systems Evaluation required if can provide direct-to-home services, § 1.1307 Actions which may have a Wavelength band power 1 (watts) ex- potentially allowing customers to significant environmental effect, for which ceeds participate in activities from distance Environmental Assessments (EAs) must be learning to interactive home shopping. prepared. MF The rules established here provide * * * * * 160 m ...... 500 guidelines for the new Ka-band satellite (b) * * * systems to commence operation. DATES: The adopted rule changes will (4) Transition Provisions. HF become effective January 20, 1998, Applications filed with the Commission 80 m ...... 500 except § 25.145(g), which will become prior to October 15, 1997 (or January 1, 75 m ...... 500 effective upon OMB approval. The 1998, for the Amateur Radio Service 40 m ...... 500 Commission will publish a document only), for construction permits, licenses 30 m ...... 425 announcing the effective date of to transmit or renewals thereof, 20 m ...... 225 § 25.145(g) following approval of the modifications in existing facilities or 17 m ...... 125 information collection request by OMB. other authorizations or renewals thereof 15 m ...... 100 12 m ...... 75 Comments are requested on the require the preparation of an information collection concerning Environmental Assessment if the 10 m ...... 50 VHF (all bands) ...... 50 Section 25.145(g) and may be filed on or particular facility, operation or before January 20, 1998. transmitter would cause human UHF FOR FURTHER INFORMATION CONTACT: exposure to levels of radiofrequency Jennifer Gilsenan, International Bureau, radiation that are in excess of the 70 cm ...... 70 Satellite Policy Branch, (202) 418–0757; 33 cm ...... 150 requirements contained in paragraphs Kathleen Campbell, International (b)(4)(i) through (b)(4)(iii) of this 23 cm ...... 200 13 cm ...... 250 Bureau, Satellite Policy Branch (202) section. In accordance with § 1.1312, if 418–0753. For additional information no new application or Commission SHF (all bands) ...... 250 EHF (all bands) ...... 250 concerning the information collection action is required for a licensee to Repeater stations (all non-building-mounted contained in this Report and Order construct a new facility or physically bands). antennas: height contact Judy Boley at (202) 418–0214, or modify an existing facility, e.g., above ground level via the Internet at [email protected]. geographic area licensees, and to lowest point of SUPPLEMENTARY INFORMATION: This is a antenna <10 m and construction begins on or after October summary of the Commission’s Report 15, 1997, the licensee will be required power >500 W ERP building-mounted and Order in CC Docket No. 92–297; to prepare an Environmental FCC 97–378, adopted October 9, 1997, Assessment if construction or antennas: power >500 W ERP and released October 15, 1997. The modification of the facility would not complete text of this Report and Order 1 Power = PEP input to antenna except, for comply with the provisions of is available for inspection and copying paragraph (b)(1) of this section. These repeater stations only, power exclusion is based on ERP (effective radiated power). during normal business hours in the transition provisions do not apply to Federal Communications Commission. applications for equipment 1 The term Ka-band generally refers to the space- authorization or use for mobile, portable William F. Caton, to-earth (downlink) frequencies at 17.7–20.2 GHz and unlicensed devices as specified in Acting Secretary. and the corresponding earth-to-space (uplink) paragraph (b)(2) of this section. [FR Doc. 97–30174 Filed 11–17–97; 8:45 am] frequencies at 27.5–30.0 GHz, or the ‘‘28 GHz band.’’ This Report and Order pertains only to U.S. * * * * * BILLING CODE 6712±01±P commercial satellite systems in the Ka-band. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61449

FCC Reference Center (Room 239), 1919 Summary of Report and Order MHz of primary and co-primary uplink M Street, N.W. Washington, D.C., and 1. The Ka-band is allocated for fixed spectrum and 1600 MHz of primary and also may be purchased from the service, FSS, and mobile service.2 In co-primary downlink spectrum to GSO Commission’s copy contractor, July 1995, the Commission adopted a FSS systems; 500 MHz of primary International Transcription Service, Third Notice of Proposed Rulemaking uplink and 500 MHz of primary (202) 857–3800, 2100 M Street, N.W., proposing, among other things, a band downlink spectrum to NGSO FSS Suite 140, Washington, D.C. 20037. segmentation plan that was designed to systems; and 1000 MHz of primary and co-primary spectrum to LMDS. The Paperwork Reduction Act accommodate both terrestrial and satellite communication systems.3 Fourth NPRM proposing an additional Section 25.143(g) contains an Specifically, we proposed discrete band 300 MHz for LMDS at 31.0–31.3 GHz information collection which requires segments for the operation of terrestrial was also adopted.6 OMB approval. In compliance with the Local Multipoint Distribution Service 3. The provisions set forth in part 25 Paperwork Reduction Act (44 U.S.C. (‘‘LMDS’’), GSO FSS, NGSO FSS, and of the Commission’s rules, in general, 3501 et seq. (PRA)), the Commission is feeder links for certain ‘‘Big LEO’’ govern the licensing of the fixed- planning to submit an information mobile-satellite service (‘‘MSS’’) satellite service systems. This includes collection request to the Office of satellite systems. We also proposed to commercial FSS systems in the Ka- Management and Budget for review and apply the existing rules for GSO FSS band. The rules impose fairly rigorous approval and is soliciting comments on systems in part 25 of the Commission’s financial and technical requirements on the information collection. The PRA rules 4 to GSO FSS systems that will use commercial FSS applicants. In this requires the Commission to seek the 28 GHz band. We requested Report and Order, we modify these comment on new or modified comment, however, on whether specific rules to incorporate technical operations information collections for a sixty day rules, such as financial qualification at the Ka-band. Further, the part 25 FSS period. Therefore, the Commission is requirements, should be altered for Ka- rules were developed in an environment soliciting comment on the information band satellite systems and whether any where we regularly receive more collection described below. Comments additional rules should be created for applications than we can accommodate. should address: (a) whether the either GSO FSS systems or NGSO FSS Here the GSO FSS licensees have agreed collection of information is necessary systems operating at Ka-band. to an orbital assignment arrangement for the proper performance of the 2. In July 1996, the Commission that will support them all, and we were functions of the Commission, including issued a First Report and Order and able to accommodate one NGSO FSS whether the information shall have Fourth Notice of Proposed Rulemaking system with room for future entry. practical utility; (b) the accuracy of the adopting, among other things, a final Accordingly, as discussed below, we Commission’s burden estimates; (c) band plan for the Ka-band.5 This plan believe it is in the public interest to ways to enhance the quality, utility, and was the culmination of months of waive the financial qualification rule clarity of the information collected; and discussions with interested parties and sections in processing this round of Ka- (d) ways to minimize the burden of the filings in the proceeding since the band applications in order to allow for collection of information on the release of the Third NPRM. The band maximum entry. plan adopted provides a framework that respondents, including the use of Financial Qualifications automated collection techniques or accommodates all commercial proposed other forms of information technology. services in discrete band segments and 4. Historically, the Commission has OMB Approval No.: 3060–XXXX. provides the opportunity to offer fashioned financial requirements for Title: Section 25.145(g)—Reporting innovative communications services to satellite services on the basis of entry Requirements. the public. The plan designates 1000 opportunities in the particular service being licensed. In cases where we can Form No.: N/A. 2 See 47 CFR 2.106. The 29.5–30.0 GHz band is accommodate all pending applications Type of Review: New. also allocated on a primary basis to the Mobile- and future entry is possible, we have not Respondents: Businesses or other for Satellite Service (MSS); however, in accordance looked to current financial ability as a profit, including small businesses. with the International Telecommunication Union (ITU) Radio Regulation S5.529, use of the 29.5–30.0 prerequisite to a license grant. This is Number of Respondents: 20. GHz band by the MSS in Region 2 is limited to because the grant of an authorization to Estimated Time Per Response: The satellite networks which are both in the FSS and one applicant will not prevent another Commission estimates all respondents MSS. qualified applicant from advancing with will hire an attorney or legal assistant to 3 See Rulemaking to Amend parts 1, 2, 21, and 25 a proposal for the same service.7 We of the Commission’s Rules to Redesignate the 27.5– complete the form. The time to retain 29.5 GHz Frequency Band, to Reallocate the 29.5– ensure that licensees timely build their these services is 2 hours per respondent. 30.0 GHz Frequency Band, to Establish Rules and systems by requiring them to meet Total Annual Burden: 40 hours. Policies for Local Multipoint Distribution Service specified implementation milestones. In and for Fixed Satellite Services, Third Notice of contrast, where applications for Estimated Costs Per Respondent: Proposed Rulemaking, 11 FCC Rcd 53 (1995), 60 FR $300. This includes the charges for 43470 (August 23, 1995) (Third NPRM). satellites exceed the number of satellites hiring an attorney, legal assistant, or 4 See 47 CFR 25.114, 124.140, and 25.210. engineer at $150 an hour to complete 5 See In the Matter of Rulemaking to Amend parts 6 See 28 GHz First Report and Order at ¶¶ 95–104. the submissions. 1, 2, 21, and 25 of the Commission’s Rules to 7 See, e.g., Radiodetermination Satellite Service, Redesignate the 27.5–29.5 GHz Frequency Band, to 104 FCC 2d 650 (1986), 51 FR 18444 (May 20, Needs and Uses: In accordance with Reallocate the 29.5–30.0 GHz Frequency Band, to 1986), as corrected, 51 FR 20975 (June 10, 1986) the Communications Act, the Establish Rules and Policies for Local Multipoint (Because all pending RDSS applicants could be information collected will be used by Distribution Service and for Fixed Satellite accommodated and future entry was possible, the Services, First Report and Order and Fourth Notice Commission required applicants to provide only a the Commission to insure that licensees of Proposed Rulemaking, 11 FCC Rcd 19005 (1996), detailed business plan). See generally Amendment are in compliance with the 61 FR 39425 (July 29, 1996) (Fourth Notice), 61 FR of the Commission’s Rules to Establish Rules and Commission’s rules and policies and 44177 (August 28, 1996) (Final Rule), (28 GHz First Policies Pertaining to a Mobile Satellite Service in will assist the Commission in Report and Order). This decision is subject to the 1610–1626/2483.5–2500 MHz Frequency Bands, petitions for reconsideration. The band plan is Report and Order, at ¶ 26, 9 FCC Rcd 5936 (1994), determining whether operations are in depicted graphically and discussed in more detail 59 FR 53294 (October 21, 1994) (Big LEO Report the public interest. in ¶ ¶ 39–49, infra. and Order). 61450 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations we can accommodate, we have adopted Ka-band processing round will be including NetSat28, spaces their a standard that requires applicants to addressed in the context of that satellites at 2 degree intervals. demonstrate evidence of internal assets processing round. 9. We believe it is in the public or committed financing sufficient to interest, as we establish the Ka-band Technical Qualifications cover construction, launch, and first satellite service, to continue our policy year operating costs of its entire 6. Applicants for satellite systems of maximizing the number of satellites system.8 This is based on our experience must also meet certain technical that can be accommodated in orbit. If that under-financed applicants have qualification standards. The Ka-band we were to move to GSO orbital arc significant difficulty in the capital offers several technical advantages that spacing greater than 2 degrees at this markets in raising hundreds of millions allow for the implementation of time, we would not be able to of dollars needed to construct and broadband, high capacity FSS accommodate all potential service launch a satellite system, even with a applications that otherwise could not be providers in this first processing round. license in hand.9 Requiring evidence of provided in the C- or Ku-bands. For By submitting a plan using 2 degree full financing therefore prevents a example, the shorter wavelengths in this spacing, the GSO satellite applicants licensee from holding spectrum while it higher frequency band support the use suggest they can implement viable attempts to procure financing, to the of transmit-receive earth station systems with these spacings. Further, detriment of qualified applicants that antennas significantly smaller than there is nothing in the record to support can immediately go forward with those now in use. They also support a finding that one degree spacing, with systems and provide service to the significantly smaller satellite spot beams its increased potential for interference, public. We require FSS operators to that facilitate frequency reuse, and is feasible at this time. Consequently, meet this strict standard because the wider bandwidth and high data rate we will apply the existing 2 degree number of applications we receive in services.11 However, operations at the spacing policy to U.S. licensed non- the traditional C- and Ku-band FSS Ka-band frequencies are also very Government Ka-band orbital frequencies regularly exceeds the susceptible to rain fade and other assignments. number we can authorize.10 atmospheric attenuations. 10. To accommodate maximum entry 5. When we proposed to apply the 7. Many commenters urge the while facilitating efficient use of in-orbit existing FSS financial requirement to 28 Commission to confirm that the resources, we limit, in part 25, the GHz FSS systems, the GSO applicants Commission’s existing FSS technical number of orbit locations a qualified had not yet agreed to an orbital requirements and policies apply to FSS applicant may be initially 12 assignment arrangement that would satellite systems in the Ka-band. As assigned.16 Historically, this limitation accommodate them all. In light of their indicated previously, we will, in pertained to the provision of domestic plan, we can grant all of the first round general, apply existing FSS rules, FSS in the United States, the objectives GSO FSS applications, with other including technical qualifications being to avoid prematurely assigning an ‘‘clear’’ orbit locations remaining requirements, to commercial satellite excessive number of orbital locations to available for additional GSO FSS systems in the Ka-band. In the following an existing licensee for expansion of its satellites. Further, granting Teledesic’s text, we discuss modifications or domestic system and to promote entry NGSO FSS system application does not clarifications to several rules that we opportunity in the bands.17 Many of the preclude future Ka-band NGSO FSS adopt to accommodate efficient and systems proposed in the Ka-band state-of-the art use of the Ka-band. systems. Thus, authorizing all proposed propose to serve geographic areas first-round systems does not preclude GSO Specific Requirements around the world. In addition, the use of this band by other applicants for 8. The Commission’s rules currently applicants have also agreed to an FSS systems. We therefore will waive arrangement that accommodates all the FSS financial requirement for first- require that an applicant for a GSO FSS space station authorization demonstrate proposed satellites. We also licensed round applicants, as reflected in their thirteen different GSO FSS system individual licenses. We intend to how the proposed space station complies with 2 degree orbital spacing providers in the band and expect that enforce system milestone schedules there will be a mix of competitors for strictly to ensure that any licensees who requirements. 47 CFR 25.140. In the Third NPRM, we proposed to apply 2 services in the band. We believe it is in are not able to proceed do not continue the public interest to allow these to hold valuable orbit and spectrum degree spacing to the Ka-band and requested comment on this proposal. systems, especially those proposing to resources. Further, we emphasize that serve different geographic areas, to this waiver applies to this processing This proposal was supported by several commenters.13 GE, in fact, suggested proceed as proposed at this point. group only, and that the application of Therefore, we will waive, for this our financial requirements to any future that the Commission explore the possibility of 1 degree spacing in the Ka- processing round only, any rules that 14 limit the number of orbit locations that 8 band. NetSat28, in contrast, argued See 47 CFR 25.140(b)–(e). may be assigned to any applicant. 9 See, e.g., National Exchange Satellite, Inc., 7 that the characteristics of this higher FCC Rcd 1990 (Com. Car. Bur. 1992); Rainbow frequency band and the innovative 11. We have long recognized the cost Satellite, Inc., Mimeo No. 2584 (Com.Car. Bur., technology proposed for this band benefits in implementing several service released Feb. 14, 1985); United States Satellite support a different approach to orbital bands on a single space platform. Systems, Inc., Mimeo No. 2583 (Com.Car. Bur., 15 Consequently, as we do with C- and Ku- released Feb. 14, 1985) (domestic satellite licenses spacing, specifically, 8 degree spacing. declared null and void for failure to begin However, the orbit assignment plan band satellites, we will permit Ka-band implementation as required by license). In addition, submitted by the GSO applicants, licensees to build hybrid satellites Geostar Corporation, a start-up company licensed in where they are assigned to the radiodetermination satellite service, declared 11 corresponding C- and Ka-band, or Ku- bankruptcy nearly five years after its licenses were See, e.g., Comments of Hughes at 7. issued. It had not built any of its dedicated 12 See, e.g., Comments of GE at 20–21 and Hughes band and Ka-band orbit locations, satellites. at 35–36. 10 Licensing Space Stations in the Domestic 13 See, e.g., Comments of Hughes at 35–36; GE 16 See 47 CFR 25.140(f). Fixed-Satellite Service, FCC 85–395, CC Docket No. Americom at 20. 17 See Licensing Space Stations in the Domestic 85–135 (released August 29, 1985), 50 FR 36071 14 Comments of GE at 20. Fixed-Satellite Service, 50 FR 36071 (September 5, (September 5, 1985). 15 Reply Comments of NetSat28 at 2. 1985). Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61451 provided all other technical and service multiple ‘‘homogeneous’’ NGSO FSS burden-sharing. Specifically, we expect requirements for the particular band are systems is feasible by interleaving the all NGSO FSS licensees to bear some met. Any licensee that wishes to orbital planes of different NGSO FSS portion of the technical and operational consolidate co-located satellites into a constellations. It may also be possible to constraints necessary to accommodate hybrid satellite must file an application interleave satellites from different multiple ‘‘non-homogeneous’’ NGSO to modify its underlying licenses. constellations within the same orbital FSS systems. In apportioning burden, it plane. Because each constellation’s NGSO Specific Requirements may be appropriate to consider factors satellites are separated spatially under such as whether a particular NGSO FSS 12. In the Third NPRM, we asked scenario (1), there is no ‘‘in-line’’ satellite is already in-orbit and whether spectrum efficiency or service interference between NGSO FSS operational. If NGSO FSS non- availability standards should be adopted systems, except near the polar regions. Government systems are unable to share for NGSO FSS systems in the Ka-band. This particular sharing scenario requires spectrum, another feasible alternative is Teledesic was the only party who filed minimum interaction between the to further divide the spectrum timely comments regarding NGSO FSS different NGSO FSS systems. ITU–R designated in the United States for non- service rule issues. studies assert that multiple Government NGSO FSS systems, 13. Teledesic suggests that the ‘‘homogeneous’’ NGSO FSS systems can between or among licensed operators. Commission consider adopting some be accommodated using these methods. We will evaluate all applications for minimum domestic and international However, it is important to note that NGSO FSS systems on a case-by-case geographic coverage requirements to sharing between or among basis, revisiting the multiple entry issue, ensure that NGSO FSS satellite systems, ‘‘homogeneous’’ systems imposes as necessary, as we gain more which are inherently global in nature, similar uniform design constraints on experience with NGSO FSS systems. provide universal access throughout the subsequent NGSO FSS systems U.S. and the world.18 We agree that implemented in the same frequency Implementing the Band Plan NGSO FSS systems are capable of bands.20 Domestically fostering a seamless global 15. A second sharing scenario exists 17. The 28 GHz band plan designates communications network and we between or among ‘‘non-homogeneous’’ domestic licensing priority for certain believe that it serves the public interest NGSO FSS systems. Because of the non-Government services or systems in to adopt a coverage area requirement for inherently large number of orbital plane specific band segments. We designated these systems. Consequently, we are crossings, it is not possible to maintain co-frequency sharing between services adopting the same coverage spatial separation between satellites in or systems only in band segments where requirements for 28 GHz systems that multiple NGSO FSS constellations.21 the Commission and the parties we apply to ‘‘Big LEO’’ systems Consequently, other types of mitigation concluded it is technically feasible. In operating in the 1610–1626.5 / 2483.5– techniques (e.g., exclusion zones, the 28 GHz Band First Report and Order 2500 MHz bands.19 Specifically, we will satellite diversity, or high gain we further designated domestic require 28 GHz NGSO FSS systems to be antennas) would need to be employed licensing priority for certain types of capable of serving locations as far north by each NGSO FSS system. The fixed-satellite services with respect to as 70 degrees latitude and as far south Commission also recognizes that further other types of fixed-satellite services in as 55 degrees latitude for at least 75% division of the spectrum, which would specific band segments. For example, in of every 24-hour period. We will also result in a reduction of each system’s the 28.35–28.60 GHz band segments, require 28 GHz NGSO FSS systems to be capacity, is also a feasible alternative if GSO FSS systems have licensing capable of providing FSS on a sharing proves to be unacceptable to any priority over NGSO FSS systems, and in continuous basis throughout the fifty particular NGSO FSS system. the 28.6–29.1 GHz segment, NGSO FSS 16. We are not now in a position to states, Puerto Rico, and the U.S. Virgin systems have licensing priority over determine exactly how many non- Islands. GSO FSS systems. This licensing Government NGSO FSS systems, and in 14. As always, we seek to foster a priority between systems in the same particular, how many ‘‘non- climate that maximizes competition and service has a similar interpretation as a homogeneous’’ type systems, will be promotes multiple entry of systems. ‘‘secondary’’ service with respect to a able to operate in the 18.8–19.3/28.6– Resolution 118 (WRC–95) requests that ‘‘primary’’ service.22 Accordingly, we 29.1 GHz bands. Further, we note that the ITU–R study, among other things, will require any service provider many satellites undergo design changes the sharing between NGSO FSS proposing to operate in a band segment networks in the Ka-band. ITU–R during implementation that could facilitate sharing among systems. in which it does not have licensing Working party-4A studies have priority, to operate on an unprotected identified, and the Commission Additionally, second generation systems usually become more efficient, further non-interference basis to the priority recognizes, two sharing scenarios: (1) service. To ensure non-interfering sharing between or among facilitating the operation of multiple systems. Consequently, we will not now operations, we will require all ‘‘homogeneous’’ NGSO FSS systems, secondary operators to submit to the and (2) sharing between or among ‘‘non- mandate any specific sharing principles or mitigation techniques to be used in homogeneous’’ NGSO FSS systems. 22 ‘‘Secondary’’ generally refers to a category of ‘‘Homogeneous’’ NGSO FSS systems are coordination between or among non- service with respect to other radio services. Stations assumed to have orbits with Government NGSO FSS systems. of a secondary service shall not cause harmful approximately the same altitude and However, we expect all non- interference to stations of primary or permitted Government NGSO FSS systems to be services; cannot claim protection from harmful high inclination angle. Similar technical interference from stations of a primary or permitted parameters are not assumed for ‘‘non- responsible for some portion of the service, but can claim protection from harmful homogeneous’’ NGSO FSS systems. interference from stations of the same or other Under scenario (1), sharing between 20 Design constraints include limitations on the secondary service(s) to which frequencies may be number of orbital planes, orbital plane inclination, assigned at a later date. See 47 CFR 2.104(d); 47 orbit altitude, and earth station antenna patterns. CFR 2.105(c)(3). As a general matter, the 18 Comments of Teledesic at 28. 21 ‘‘In-line’’ interference occurs when satellites Commission does not coordinate secondary 19 See Big LEO Report and Order at ¶ 24; 47 CFR from separate NGSO FSS systems operate in the operations with respect to primary or permitted 25.143(b)(2)(ii); (b)(2)(iii). region where each system’s orbital planes cross. services. 61452 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

Commission a technical demonstration Earth Station Licensing that would be associated with non- that it can operate on a non-harmful 20. We anticipate making changes to Government GSO or NGSO FSS interference basis to the type of satellite our existing part 25 requirements for operations in the 54.25–58.2 GHz and system with licensing priority. This earth stations in the C- and Ku-bands to 59–64 GHz bands. The 54.25–58.25 GHz technical demonstration will be subject take into account operations at Ka-band. band appears more promising for the to public comment before we authorize In fact, four GSO satellite applicants inter-satellite service to support non- any secondary operations in the bands. have submitted a petition for Government GSO FSS operations. We In addition, we will require secondary rulemaking to the Commission.25 The are also working with NTIA to develop users to immediately cease operations Petitioners request that the Commission a U.S. proposal to WRC–97 for an upon notification of harmful institute a rulemaking proceeding to allocation in the 65–71 GHz band for interference into any service or system revise part 25 of the Commission’s rules, inter-satellite service links for both GSO that has superior status or licensing 47 CFR § 25.101, in order to provide for and NGSO FSS systems.28 We are priority in a particular band segment. the routine licensing of large numbers of optimistic that we will obtain sufficient spectrum internationally to support Ka- 18. Further, all licensees must small antenna earth stations operating band system inter-satellite link coordinate with the U.S. Government in the 19.7–20.2/29.5–30.0 GHz bands operations. Nevertheless, we did not systems authorized in the 17.80–20.20 for GSO FSS. Teledesic supports the delay issuing licenses pending the GHz band, in accordance with U.S. Petition and further suggests the scope allocation of suitable spectrum for inter- footnote 334 in the Table of Frequency of the rulemaking be expanded to satellite links. Once suitable spectrum is Allocations. U.S. footnote 334 reads as include the entire available Ka-band 26 available, we will require licensees to follows: ‘‘In the band 17.80–20.20 GHz, frequencies. apply for operating authority on specific Government space stations and Inter-Satellite Service operating frequencies. Further, because associated earth stations in the fixed- 21. Many system proponents in the licensees will not be able to proceed satellite (space-to-Earth) service may be Ka-band propose to use inter-satellite beyond the initial phases of authorized on a primary basis. For a service (ISS) frequencies to interconnect construction until the inter-satellite link Government geo-stationary satellite satellites within their respective issues are resolved, we did not impose network to operate on a primary basis, networks.27 These proposed bands any system implementation milestones the space station shall be located include the 22.55–23.55 GHz/32.0–33.0 until we grant authority to launch and outside the arc measured from East to GHz/54.25–58.2 GHz and 59–64 GHz ° ° operate individual systems using West, 70 W to 120 W. Coordination bands. specific inter-satellite link spectrum. We between Government fixed-satellite 22. One licensee, Hughes, proposes to will hold all licensees to the strict systems and non-Government systems use the 22.55–23.55 GHz and 32.0–33.0 milestone schedule discussed above, operating in accordance with the United GHz bands for some of its inter-satellite once the respective inter-satellite States Table of Frequency Allocations is links. These bands are shared on a co- frequencies are authorized. In the 23 required.’’ equal basis with U.S. Government interim, all licensees are free to begin 19. The 18.8–19.3 GHz band is operations. In addition, one of the ‘‘Big construction at their own risk. We designated for non-Government NGSO LEO’’ systems is licensed to operate recently waived the construction permit FSS use on a co-primary basis with the inter-satellite links in the 22.55–23.55 requirement for space stations. This fixed service and with Government GHz band. Any 28 GHz systems decision, effective April 21, 1997, services. We require NGSO FSS systems licensed to operate inter-satellite links means that applicants no longer need to coordinate with any existing and in these bands would be required to Commission authorization in order to future point-to-point fixed systems in coordinate with U.S. Government build their proposed satellites. Any the band.24 We also designated NGSO systems through the Frequency construction prior to obtaining an FSS on a secondary priority basis in the Assignment Subcommittee (FAS) of the operating license is, however, solely at 17.7–18.8 and 19.7–20.2 GHz band Inter-Governmental Radio Advisory the applicant’s own risk and will not segments. As a secondary user, NGSO Committee (IRAC) and with other non- predispose the Commission to grant it FSS operators shall not cause harmful Government licensees in the band. At launch and operating authority.29 this time, we defer action on any interference to stations of a primary Service Rules service, or higher priority FSS system, authorizations in the 22.55–23.55 and nor can they claim protection from 32.0–33.0 GHz bands until we receive 24. In our DISCO I Order, we harmful interference from stations of a more information on the specific determined that all fixed-satellite primary service, or higher priority FSS frequencies Hughes needs for its system operators in the C-band and Ku-band system. NGSO FSS systems must also and we have coordinated with the could elect to operate on a common coordinate with the Government Government. carrier or non-common carrier basis.30 23. The Commission and the National systems operating in the band 18.8–19.3 We see no reason to treat satellite Telecommunications and Information GHz in accordance with U.S. footnote Administration (NTIA), which has 28 334. See ‘‘United States Proposals No. 209 and No. primary jurisdiction over Government 210 for the Work of the Conference’’ (August 1997). use of spectrum, have had discussions 29 See Streamlining the Commission’s Rules and 23 See 47 CFR 2.106 U.S. footnote 334. regarding the potential for interference Regulations for Satellite Application and Licensing 24 We note, however, that in a separate proceeding Procedures, Report and Order, 11 FCC Rcd 21581 we have relocated a fixed service, the Digital (1996), 62 FR 5924 (February 14, 1997) (Part 25 Electronic Message Service (‘‘DEMS’’) from the 25 See Routine Licensing of Large Numbers of Streamlining). 18.82–18.92 and 19.16–19.26 GHz bands to the Small Antenna Earth Stations Operating in the Ka- 30 See In the Matter of Amendment to the 24.25–24.45 and 25.05–25.25 GHz bands. See Band, Petition for Rulemaking, RM–9005, submitted Commission’s Regulatory Policies Governing Amendment of the Commission’s Rules to Relocate December 20, 1996, by: GE, Loral, Lockheed Martin Domestic Fixed Satellites and Separate the Digital Electronic Message Service From the 18 and Hughes. International Satellite Systems and DBSC Petition GHz band to the 24 GHz band and To Allocate Band 26 See Comments of Teledesic at 3. for Declaratory Rulemaking Regarding the Use of For Fixed Service, 12 FCC Rcd 3471 (1997), 62 FR 27 See Applications of EchoStar, Ka-Star, Transponders to provide international DBS Service, 24576 (May 6, 1997). This Order is subject to Lockheed Martin, Hughes, Loral, Comm. Inc., and 11 FCC Rcd 2429, 2436 (1996), 61 FR 9946 (March petitions for reconsideration. Teledesic. 12, 1996) (DISCO I Order). Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61453 operators in the Ka-band any differently. remainder of its satellites by the date agreements are negotiated and reached The Commission traditionally has required by the International among countries to ensure interference- evaluated requests to operate on a non- Telecommunication Union to assure free operations of the planned satellites, common carrier basis using the analysis international recognition and protection and (3) notification, where the set forth in National Association of of these satellites.34 For NGSO FSS frequency assignment is recorded in the Regulatory Utility Commissioners v. systems, we adopt the same ITU’s Master International Frequency FCC,31 (NARUC I). Under NARUC I, we implementation schedule as we did for Register. Once these processes have may regulate an entity as a private the Big LEOs.35 Specifically, we will been completed, a satellite system is carrier unless: (1) there is or should be require NGSO FSS licensees to begin entitled to international recognition and any legal compulsion to serve the public construction of its first two satellites is protected against interference from all indifferently; or (2) there are reasons within one year of the unconditional existing and future satellites. implicit in the nature of the service to grant of its authorization, and complete 30. We have advance published GSO expect that the entity will in fact hold construction of those first two satellites and NGSO FSS systems and have itself out indifferently to all eligible within four years of that grant. initiated coordination with the ITU. We users. Construction for the remaining have also submitted notification 25. Several of the Ka-band FSS authorized operating satellites in the information for a NGSO FSS system.38 applicants propose to operate all constellation must begin within three To facilitate these processes, we will services on a non-common carrier years of the initial authorization, and continue to require licensees to provide basis.32 Regarding the first prong of the entire authorized system must be us with all of the information required NARUC I, we do not see any legal operational within six years. to complete the coordination and compulsion to require any space station notification process. licensee in the Ka-band to operate on a Reporting Requirements 31. The NTIA may authorize non-common carrier basis. We have 28. We will also follow the new part Government GSO FSS and NGSO FSS already determined there is sufficient 25 rules for reporting requirements for operations on a primary basis in the competitive capacity available in the C- FSS systems.36 Specifically, a licensee band 17.8–20.2 GHz in accordance with and Ku-bands to assure the U.S. public will be required to file an annual report US footnote 334. Where international ample access to fixed-satellite with the Commission describing: the coordination is required for these services.33 In addition, we have licensed status of satellite construction and Government systems, the NTIA will thirteen GSO FSS systems and one anticipated launch dates, including any separately coordinate the Government NGSO FSS system in the Ka-band which major problems or delays encountered; GSO and NGSO operations in propose to offer a wide variety of a listing of any non-scheduled accordance with the appropriate ITU broadband voice, data and video transponder (GSO FSS) or satellite regulations. services to the U.S. domestic consumer. (NGSO FSS) outages for more than 30 32. Because the 28 GHz band is 26. Regarding the second prong of minutes; and the cause(s) of such allocated and used worldwide for a NARUC I, we find there is little outages; and a detailed description of variety of technically incompatible likelihood that such Ka-band licensees the utilization made of each transponder terrestrial and satellite services, we will hold themselves out indifferently to (GSO FSS) or satellite (NGSO FSS) on expect that international coordination of serve the public. New Ka-band offerings each of the in-orbit satellites.37 our 28 GHz band non-Government can be tailored to provide a broad array systems will be complex. Specifically, International Operations of specialized communications services the 27.5–30.0/17.7–20.2 GHz bands are ranging from videoconferencing to 29. The United States is under a treaty allocated domestically and telemedicine; and these services may be obligation, in connection with its internationally to the fixed service, styled to accommodate highly membership in the ITU, to coordinate which includes LMDS, and to the FSS, individualized methods of operation all U.S. authorized services which includes both GSO and NGSO and demands of potential customers. internationally. The ITU’s coordination operations. MSS system feeder link We believe permitting Ka-band procedures are intended to ensure that operations may also be provided under licensees to offer services on a non- the operations of one country’s satellites FSS allocations. As we discussed common carrier basis is in the public do not cause or receive harmful previously in paragraph 6, we have interest. interference to or from the operations of determined the only way to address another country’s satellites. The these conflicting allocations and Implementation Milestones procedure for effecting coordination of a proposed usage was to adopt a band 27. We will require each GSO FSS satellite system is a three-step process plan that, in essence, divides the 27.5– licensee to begin construction of its first consisting of (1) advance publication, 30.0/17.7–20.2 GHz band into several satellite within one year of grant, to where a country makes known its plans band segments, each of which is to be begin construction of the remainder to implement a satellite system at used primarily for LMDS, GSO FSS, within two years of grant, to launch at particular frequencies and orbital NGSO FSS, or MSS feeder link least one satellite into each of its parameters (e.g., location), (2) operations.39 As explained below, we assigned orbit locations within five coordination, where technical believe it is in the public interest to use years of grant, and to launch the this plan as the basis for coordinating 34 ITU Regulations require that all satellites must U.S. licensed 28 GHz band satellite 31 National Ass’n of Regulatory Utility be brought into use no later than six years from the systems internationally. We outline Commissioners v. FCC, 525 F.2d 630 (D.C. Cir.), date on which the Appendix 4 information for that cert. denied, 425 U.S. 992 (1976); 47 U.S.C. satellite was filed. However, a request for a three- herein the procedures we intend to § 153(44). year extension of time may be granted. The 32 But see EchoStar Satellite Corporation Appendix 4 information for 28 GHz GSO systems 38 Because coordination procedures were not in Application for Authority to Construct, Launch, and was filed in November 1995. Therefore, all satellites place for NGSO FSS satellite systems at the time the Operate a Ka-Band Satellite System in the Fixed- we have authorized to operate in the 28 GHz Appendix 3 information was filed, it was possible Satellite Service, Order and Authorization, DA 97– spectrum must be launched by November 2004. for certain NGSO FSS and NGSO MSS feeder link 969, (released May 9, 1997). EchoStar proposes to 35 See Big LEO Report and Order at ¶ 189. systems to move from the advance publication (step operate its system on a common carrier basis. 36 See Part 25 Streamlining, supra, n. 29. 1) process to the notification (step 3) process. 33 See DISCO I Order at ¶ 46. 37 See 47 CFR § 25.210(j)(1)(2)(3). 39 See Report and Order, ¶¶ 39–49. 61454 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations follow for coordinating U.S.-licensed out in the Big LEO Report and Order. U.S. non-Government NGSO FSS non-Government satellite systems with Our experience in the Big LEO systems in this band. This is because the each other in other parts of the world. proceeding leads us to believe that it is U.S. band plan designates the In addition, we outline the procedures in the public interest to adopt a policy corresponding downlink frequency we will generally follow when now for coordination of these U.S. band at 17.7–18.8 GHz on a priority coordinating U.S.-licensed non- licensed global non-Government basis to the GSO FSS, with NGSO FSS Government 28 GHz satellite systems systems in the 28 GHz band to ensure operations on a non-interference basis with both satellite and terrestrial that coordination can proceed and only to any service or system that has systems licensed by other countries. At services can be provided to the public superior status or licensing priority. If the same time, we recognize that other in a timely manner.43 the uplink frequencies are not treated in countries are able to implement their 35. While we envision coordinating a similar manner, the downlink systems in accordance with their U.S. licensed non-Government systems designation would be meaningless. We domestic requirements and the in accordance with the 28 GHz band do not believe this to be the intended International Radio Regulations. segmentation plan throughout the result of the band plan. We will 33. Because we have licensed world, we recognize that there will be therefore give priority to U.S. GSO multiple non-Government 28 GHz some exceptions. For example, due to systems vis-a-vis U.S. NGSO systems at satellite systems and several of these the need to accommodate non-U.S. 27.5–28.35 GHz. systems are designed to operate on a satellite systems that had entered into 37. Therefore, as the coordinating global basis, we will likely be faced with the ITU advance publication, administration for these systems, we the responsibility of coordinating the coordination and notification processes will require any U.S. non-Government international operations of two or more before the U.S. systems, the United satellite system operating inconsistently non-Government satellite systems with States has negotiated agreements with with the U.S. 28 GHz band plan—and, each other.40 The record in this other administrations to permit by definition, its coordinated proceeding does not support a finding operation of specific satellite systems in parameters—to cease operations if it that sharing between ubiquitous non- certain geographic areas in frequency causes harmful interference to any U.S. Government GSO and NGSO FSS bands that are not entirely in non-Government system operating in systems is technically feasible at this conformance with the U.S. 28 GHz band conformance with the U.S. band plan time without mitigation.41 This was the plan. Accordingly, we will adhere to for non-Government systems, or to any impetus for adopting a band sharing any coordination or consultation U.S. Government system operating in plan at 28 GHz that designated separate agreements that were initiated before accordance with US footnote 334. (The band segments for primary GSO FSS, the 28 GHz band plan was adopted in non-Government band plan is not NGSO FSS and feeder link operations. July 1996. In addition, these non- applicable for GSO and NGSO Due to the potential coordination conforming arrangements could Government operations which are difficulties that may lead to delay of potentially impact how we decide to authorized on a primary basis across the services, we believe it is in the public coordinate U.S. non-Government 17.8–20.2 GHz band.) interest to require U.S. non-Government satellite systems in other portions of the 38. In coordinating U.S.-licensed non- licensees to operate in accordance with 28 GHz band. For example, we may seek Government systems with systems of our 28 GHz band plan throughout the to make up for some of the spectrum other Administrations, we will, as world, with certain exceptions as ‘‘lost’’ to these systems in the agreement always, follow the applicable coordination procedures set out in the described below. Without such a in other portions of the band. We ITU Radio Regulations for the particular requirement, we believe we would anticipate that these deviations from our band segment being coordinated. For jeopardize the successful operation of band plan will be the rare exception for example, satellite system coordination these systems outside of the United the implementation of the U.S. band may implicate ITU Radio Regulation No. States. plan by U.S. non-Government satellite 34. In the Big LEO proceeding, where S22.2 (2613) for instances where NGSO system licensees worldwide. we also adopted service rules for U.S. 36. Last, the U.S. band plan does not FSS systems and GSO FSS systems are proposed. This regulation applies in global satellite systems, we did not distinguish between GSO and NGSO require non-Government licensees to certain segments of the 28 GHz band FSS systems as secondary users to operate in accordance with the domestic and requires, in those bands, that NGSO LMDS in the 27.5 to 28.35 GHz uplink band plan outside the United States.42 FSS systems cease or reduce to a band. Rather, generic FSS is designated This approach resulted in significant negligible level their operations as the secondary service in the U.S. We delay in the implementation of their whenever there is unacceptable envision only limited FSS uplink systems, however. Eventually, the Big interference caused to a GSO FSS operations, such as gateway operations, LEO licensees determined that in order system. Consequently, in coordinating will be able to operate on a non- for each system to operate on a global and consulting U.S. non-Government interference basis to LMDS in the basis without coordination conflicts FSS systems with other countries’ FSS United States. In those cases where amongst themselves, the best way was systems in bands where this provision to conform their international other countries use the 27.5–28.35 GHz applies, we expect that consultations or operations to the domestic band plan set band segment for FSS, we intend to coordinations between administrations provide U.S. non-Government GSO FSS will result in operational or technical systems with coordination priority over 40 This does not include the coordination of earth considerations which will prevent stations accessing U.S.-licensed systems, since unacceptable interference to GSO FSS these earth stations belong to the administration 43 See ex parte filing of Lockheed Martin filed where the earth station is located. (May 7, 1997) at 8, supporting this policy: ‘‘Now systems. In bands where there is a 41 However, satisfactory ways of co-frequency that the 28 GHz band plan has been adopted in the primary allocation to the fixed service sharing by NGSO FSS and GSO FSS networks can United States, the Commission staff is considering and FSS, we will coordinate U.S. be found where the burden is placed on either the applying the same frequency plan, including satellite system operations on an equal GSO or NGSO network. Mitigation techniques to specific licensing priorities (i.e., ‘‘primary’’ and reduce interference can be evaluated through the ‘‘secondary’’ designation), to the operation of U.S. basis to the fixed stations, consistent coordination process. licensed satellites abroad. Lockheed Martin with established ITU Radio Regulations 42 See Big LEO Report and Order at ¶ 231. supports the adoption of such measures.’’ and Recommendations. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61455

39. The Commission can authorize proposals in the Third NPRM, including rules applicable to Communications operations of satellite systems in the comment on the IRFA. This Final Services ‘‘Not Elsewhere Classified.’’ United States only. Operation and use of Regulatory Flexibility Analysis (FRFA), This definition provides that a small these systems in geographic areas concerning the Third Report and Order, entity is expressed as one with $11.0 outside the United States requires conforms to the RFA.47 million or less in annual receipts.48 appropriate authorizations from other According to the Census Bureau data, I. Need for and Objectives of the Third countries in which the U.S. licensee there were a total of 848 Report and Order wishes to operate earth stations. In order communications services in operation to ensure that Ka-band satellite service 42. In this decision, the Commission, in 1992 that fall under the category of is truly global, we adopt limitations on adopts licensing qualification rules and Communications Services, Not Ka-band licensees’ ability to enter into service rules for fixed-satellite service Elsewhere Classified. Of those, exclusive arrangements with other systems in the Ka-band. The purpose of approximately 775 reported annual countries concerning communications this action is to help launch a new receipts of $9,999 million or less and to or from the United States similar to broadband satellite service well-suited qualify as small entities.49 The census those in place for Big LEO systems.44 An to compete in the domestic and global report does not provide more precise exclusive agreement may foreclose other marketplace. In order to ensure the data. FSS licensees from serving a foreign rapid and successful implementation of 45. Describing and estimating the market, preventing that licensee from new FSS systems in the Ka-band, the number of small entities these rules will providing global service. Further, such Commission has used the existing FSS impact is made difficult by a number of an arrangement may be inconsistent system rules as a foundation and has factors. First of all, information from the with our band plan. We intend to modified these rules to the extent Satellite Industry Association and construe the restrictions on necessary to reflect the nature of financial analysts who specialize in this exclusionary arrangements bearing in operations at Ka-band. The decision market indicate there are few firms that mind that spectrum coordination and promotes efficiency in licensing and use could be traditionally thought of as availability in particular countries may of the electromagnetic spectrum. In small businesses. They point to the fact limit the number of systems that can addition we expect that the licensing that this is a capital intensive industry provide service to that country. framework we have set out for the Ka- that requires ‘‘significant partner Nevertheless, our intent will be to band will aid in the development of funding and/or contract commitments further the implementation and use of competitive and innovative satellite prior to approaching commercial multiple satellite systems in other systems. financing sources.’’ 50 In addition, administrations. II. Summary of Significant Issues estimates of employment in the commercial satellite service industry, Other Requirements Raised by Public Comments in Response to the Initial Regulatory another measure of small business 40. To discourage speculators and to 51 Flexibility Analysis status, can vary widely. prevent unjust enrichment of those who 46. Space Stations (Geostationary). do not implement their proposed 43. No comments were received Commission records reveal that there systems, we adopt a rule that prohibits specifically in response to the IRFA. are 37 space station licensees. We do any Ka-band licensee from selling a bare However, in order to minimize any not request nor collect annual revenue license for a profit. This provision is not barriers for entry into this new satellite information, and thus are unable to intended to prevent the infusion of market for small entities, Commission estimate the number of geostationary capital by either debt or equity staff spent months encouraging and space stations that would constitute a financing. Nevertheless, any such working with all of the commercial GSO small business under the SBA transaction will be monitored to ensure FSS applicants to reach agreement on an definition. that it does not constitute an evasion of orbital assignment plan to accommodate 47. Space Stations (Non- the anti-trafficking provision.45 all first-round applicants. As discussed Geostationary). There are six Non- in the Third Report and Order, the Geostationary Space Station licensees, Final Regulatory Flexibility Analysis applicants did reach agreement of which only one system is operational. 41. As required by the Regulatory regarding orbit locations. Therefore we We do not request nor collect annual Flexibility Act, (RFA),46 an Initial are able to waive our financial revenue information, and thus are Regulatory Flexibility Analysis (IRFA) qualification requirement and not look unable to estimate the number of non- was incorporated in the Third NPRM in to current financial ability as a geostationary space stations that would this proceeding. The Commission prerequisite to a license grant. By constitute a small business under the sought written public comment on the licensing all current commercial system SBA definition. applicants, we enable small entities and 48. We have also recently authorized 44 See Amendment of the Commission’s Rules to start-up companies the opportunity to thirteen commercial GSO FSS satellite Establish Rules and Policies Pertaining to a Mobile compete in the capital intensive satellite systems in the Ka-band and one Satellite Service in the 1610–1626.5/2483.5–2500 MHz frequency band, Memorandum Opinion and industry. 48 Order, 11 FCC Rcd 12861 (1996) at ¶¶ 54–55, 61 FR III. Description and Estimate of the 13 CFR 121.201, Standard Industrial 9944 (March 12, 1996); 47 CFR 25.143(h) Classification (SIC) Code 4899. (prohibiting Big LEO licensees from entering into Number of Small Entities to Which 49 1992 Economic Census Industry and Enterprise exclusive arrangements to serve particular Rules Will Apply Receipts Size Report, Table 2D, SIC 4899 (U.S. countries). 44. The Commission has not Bureau of the Census data under contract to the 45 See Big Leo Report and Order at ¶ 203; 47 CFR Office of Advocacy of the U.S. Small Business § 25.143(h) (prohibits Big LEO licensees from developed a definition of small entities Administration). selling a bare license for profit). applicable to satellite service licensees. 50 See ‘‘Financing the Final Frontier: Funding 46 See 5 U.S.C. § 603. The RFA, see 5 U.S.C. § 601 Therefore, the applicable definition of Commercial Space Activities’’ Bear Stearns, Global et seq., has been amended by the Contract with small entity is the definition under the Space & Satellite Finance Report. America Advancement Act of 1996, Pub. L. 104– 51 For example, American Mobile Satellite Corp is 121, 110 Stat. 847 (1996) (CWAAA). Title II of the Small Business Administration (SBA) reported to have 45 employees by the Satellite CWAAA is The Small Business Regulatory Industry Association; 317 employees by Satellite Enforcement Fairness Act of 1996 (SBREFA). 47 See 5 U.S.C. § 604. Industry Analyst ‘‘BZW.’’ 61456 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations commercial NGSO FSS system to compete in the capital intensive satellite (1) That the proposed system be construct, launch, and operate in the industry. capable of providing fixed-satellite Ka-band, conditioned on compliance services to all locations as far north as VI. Report to Congress with the licensing and service rules we 70 deg. latitude and as far south as 55 adopt in this Third Report and Order. 52. The Commission shall send a copy deg. latitude for at least 75% of every Therefore there are no small businesses of this Final Regulatory Flexibility 24-hour period; and currently providing these types of Analysis, along with this Third Report (2) That the proposed system is broadband interactive services in the and Order, in a report to Congress capable of providing fixed-satellite Ka-band. pursuant to the Small Business services on a continuous basis Regulatory Enforcement Fairness Act of throughout the fifty states, Puerto Rico IV. Description of Projected Reporting, 1996, 5 U.S.C. § 801(a)(1)(A). A copy of and the U.S. Virgin Islands, U.S. Recordkeeping and Other Compliance this FRFA will also be published in the Requirements (d) Considerations involving transfer Federal Register. or assignment applications. (1) 49. The Commission’s existing rules Ordering Clauses ‘‘Trafficking’’ in bare licenses issued in part 25 on FSS operations contain pursuant to paragraph (b) of this section reporting requirements for FSS systems. 53. Accordingly, It is ordered that part is prohibited, except with respect to In this Third Report and Order, we 25 of the Commission’s rules are licenses obtained through a competitive adopt no new reporting requirements for amended as set forth below and will bidding procedure. FSS operations in the Ka-band and state become effective January 20, 1998, with (2) The Commission will review a that we will follow the new part 25 the exception of § 25.145(g), which will proposed transaction to determine if the rules for reporting requirements for FSS become effective upon OMB approval. circumstances indicate trafficking in systems.52 These requirements are This action is taken pursuant to licenses whenever applications (except specifically stated in paragraph 60 of the Sections 4 and 303 (r) of the those involving pro forma assignment or Third Report and Order. It is likely that Communications Act of 1934, as transfer of control) for consent to the entities filing the reports will amended 47 U.S.C. §§ 154, 303(r), and assignment of a license, or for transfer require no professional skills for the Section 201(c) of the Communications of control of a licensee, involve facilities preparation of such requests. Satellite Act of 1962, 47 U.S.C. § 721(c). licensed pursuant to paragraph (b) of V. Steps Taken To Minimize Significant List of Subjects in 47 CFR 25 this section. At its discretion, the Commission may require the Economic Burden on Small Entities, Satellites. and Significant Alternatives Considered submission of an affirmative, factual Federal Communications Commission. showing (supported by affidavits of a 50. As part of our licensing William F. Caton, person or persons with personal qualifications standard for the FSS, the Acting Secretary. knowledge thereof) to demonstrate that Commission has in the past applied no trafficking has occurred. rigorous financial qualification Rule Changes (3) If a proposed transfer of radio standards when the authorization of one PARTÐ25 SATELLITE facilities is incidental to a sale of other applicant will not prevent another COMMUNICATIONS facilities or merger of interests, any qualified applicant from going forward showing requested under paragraph with a proposal in the same service. In 1. The authority citation for part 25 (d)(2) of this section shall include an the Third NPRM we proposed to apply continues to read as follows: additional exhibit which: the existing FSS rules to the Ka-band, Authority: Secs. 25.101 to 25.601 issued (i) Discloses complete details as to the including this strict financial standard. under Sec. 4, 48 Stat. 1066, as amended; 47 sale of facilities or merger of interests; Several of the experienced and well U.S.C. 154. Interpret or apply secs. 101–104, (ii) Segregates clearly by an itemized financed satellite service providers such 76 Stat. 419–427; 47 U.S.C. 701–744; 47 accounting, the amount of consideration as Hughes Communications, GE U.S.C. 554. involved in the sale of facilities or Americom and Loral supported this 2. Section 25.145 is added to read as merger of interest; and proposal as a way to get service to the follows: (iii) Demonstrates that the amount of public in an efficient manner. consideration assignable to the facilities 51. In order to minimize any barriers § 25.145 Licensing conditions for the or business interests involved represents for entry into this new satellite market Fixed-Satellite Service in the 20/30 GHz their fair market value at the time of the for small entities, Commission staff bands. transaction. spent months encouraging and working (a) Except as provided in § 25.210(b), (e) Prohibition of certain agreements. with all of the commercial GSO FSS in general all rules contained in this No license shall be granted to any applicants to reach agreement on an part apply to Fixed-Satellite Service in applicant for a space station in the orbital assignment plan to accommodate the 20/30 GHz bands. fixed-satellite service operating in the all first-round applicants. As discussed (b) System License. Applicants 20/30 GHz band if that applicant, or any in the Third Report and Order, the authorized to construct and launch a persons or companies controlling or applicants did reach agreement system of technically identical non- controlled by the applicant, shall regarding orbit locations. Therefore we geostationary satellite orbit satellites acquire or enjoy any right, for the are able to waive our financial will be awarded a single ‘‘blanket’’ purpose of handling traffic to or from qualification requirement and not look license covering a specified number of the United States, its territories or to current financial ability as a space stations to operate in a specified possession, to construct or operate space prerequisite to a license grant. By number of orbital planes. segment or earth stations, or to licensing all current commercial system (c) In addition to providing the interchange traffic, which is denied to applicants, we enable small entities and information specified in § 25.114, each any other United States company by start-up companies the opportunity to non-geostationary satellite orbit reason of any concession, contract, applicant shall demonstrate the understanding, or working arrangement 52 See Part 25 Streamlining, n. 29, supra. following: to which the Licensee or any persons or Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61457 companies controlling or controlled by § 25.210 Technical requirements for space ACTION: Correction to a modification of the Licensee are parties. stations in the Fixed-Satellite Service. a closure. (f) Implementation milestone * * * * * schedule. Each GSO FSS licensee in the (b) All space stations in the Fixed- SUMMARY: This document contains a 20/30 GHz band will be required to Satellite Service in the 20/30 GHz band correction to a cross reference begin construction of its first satellite shall use either orthogonal linear or incorrectly stated in a closure within one year of grant, to begin orthogonal circular polarization. Those notification (I.D. 092297C), which was construction of the remainder within space stations utilizing orthogonal published September 29, 1997. two years of grant, to launch at least one linear polarization shall also comply DATES: Effective 1200 hrs, Alaska local satellite into each of its assigned orbit with paragraph (a) of this section. time (A.l.t.), October 1, 1997, until 2400 locations within five years of grant, and * * * * * hrs, A.l.t., December 31, 1997. to launch the remainder of its satellites (d) All space stations in the Fixed FOR FURTHER INFORMATION CONTACT: by the date required by the International Satellite Service in the 20/30 GHz band Thomas Pearson, 907–486–6919. Telecommunications Union to assure shall employ state-of-the-art full international recognition and protection frequency reuse either through the use SUPPLEMENTARY INFORMATION: of those satellites. Each NGSO FSS of orthogonal polarizations within the Background licensee in the 20/30 GHz band will be same beam and/or through the use of required to begin construction of its first spatially independent beams. On September 29, 1997, NMFS two satellites within one year of the * * * * * published a notification in the Federal unconditional grant of its authorization, 4. Section 25.204(g) is added to read Register that opened directed fishing for and complete construction of those first as follows: Pacific cod, by vessels catching Pacific two satellites within four years of that cod for processing by the offshore grant. Construction of the remaining § 25.204 Power limits. component, in the Central Regulatory authorized operating satellites in the * * * * * Area of the Gulf of Alaska (GOA) constellation must begin within three (g) All earth stations in the Fixed effective on October 1, 1997, A.l.t. This years of the initial authorization, and Satellite Service in the 20/30 GHz band action was necessary to fully utilize the the entire authorized system must be shall employ uplink adaptive power total allowable catch (TAC) of Pacific operational within six years. control or other methods of fade cod in the GOA Central Regulatory (g) Reporting Requirements. All compensation such that the earth station Area. licensees in the 20/30 GHz band shall, transmissions shall be conducted at the Need for Correction on June 30 of each year, file a report power level required to meet the desired with the International Bureau and the link performance while reducing the This action corrects an erroneous Commission’s Columbia Operations level of mutual interference between cross reference that gives the authority Center, 9200 Farm House Lane, networks. that establishes the inshore/offshore Columbia, MD 21046 containing the apportionments (applicable through following information: [FR Doc. 97–30205 Filed 11–17–97; 8:45 am] December 31, 1998) of Pacific cod in all (1) Status of space station BILLING CODE 6712±01±P construction and anticipated launch GOA regulatory areas. date, including any major problems or Correction of Publication delay encountered; DEPARTMENT OF COMMERCE (2) A listing of any non-scheduled Accordingly, the publication on space station outages for more than National Oceanic and Atmospheric September 29, 1997, of the modification thirty minutes and the cause(s) of such Administration of a closure (I.D. 092297C), which was outages; and the subject of FR Doc. 97–25777, is (3) Identification of any space 50 CFR Part 679 corrected as follows: station(s) not available for service or On page 50888, in the third column, [I.D. 092297C] otherwise not performing to the second paragraph, the first sentence, specifications, the cause(s) of these Fisheries of the Exclusive Economic the cross reference ‘‘679.20(d)(1)(iii)(A)’’ difficulties, and the date any space Zone Off Alaska; Pacific Cod in the is corrected to read ‘‘679.20(a)(6)(iii).’’ station was taken out of service or the Central Regulatory Area of the Gulf of Authority: 16 U.S.C. 1801 et seq. malfunction identified. Alaska Modification of a Closure; Dated: November 12, 1997. 3. Section 25.210 is amended by Correction redesignating paragraphs (c) through (j) Bruce C. Morehead, as paragraphs (e) through (l); AGENCY: National Marine Fisheries Acting Director, Office of Sustainable redesignating paragraph (b) as paragraph Service (NMFS), National Oceanic and Fisheries, National Marine Fisheries Service. (c); and adding new paragraphs (b) and Atmospheric Administration (NOAA), [FR Doc. 97–30256 Filed 11–17–97; 8:45 am] (d) to read as follows: Commerce. BILLING CODE 3510±22±F 61458

Proposed Rules Federal Register Vol. 62, No. 222

Tuesday, November 18, 1997

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Background contains notices to the public of the proposed issuance of rules and regulations. The Comments Invited Air traffic activity in the Bahamas and purpose of these notices is to give interested Caribbean airspace area continues to persons an opportunity to participate in the Interested parties are invited to increase as the number of ground based rule making prior to the adoption of the final participate in this proposed rulemaking navigational aids continues to decrease. rules. by submitting such written data, views, Consequently, a project to implement a or arguments as they may desire. non-Very High Frequency Comments that provide the factual basis Omnidirectional Range/Distance DEPARTMENT OF TRANSPORTATION supporting the views and suggestions Measuring Equipment (VOR/DME) Area presented are particularly helpful in Navigation (RNAV) route system to Federal Aviation Administration developing reasoned regulatory supplement the current airway system is decisions on the proposal. Comments 14 CFR Part 71 warranted. Extending the southeast are specifically invited on the overall boundary of the Atlantic High Offshore [Airspace Docket No. 97±ASO±16] regulatory, aeronautical, economic, Airspace Area to coincide with the San environmental, and energy-related Juan Enroute Domestic Airspace Area Proposed Modification to the Atlantic aspects of the proposal. would support the development of a High Offshore Airspace Area Communications should identify the more efficient route system in the AGENCY: Federal Aviation airspace docket number and be Bahamas and Caribbean area. submitted in triplicate to the address Administration (FAA), DOT. The Proposal listed above. Commenters wishing the ACTION: Notice of proposed rulemaking. FAA to acknowledge receipt of their The FAA is proposing an amendment SUMMARY: This action proposes to comments on this notice must submit to 14 CFR part 71 to modify the Atlantic modify the Atlantic High Offshore with those comments a self-addressed, High Offshore Airspace Area. The Airspace Area. The southeast boundary stamped postcard on which the Atlantic High Offshore Airspace Area of the Atlantic High Offshore Airspace following statement is made: would be extended southeast to Area would be extended to coincide ‘‘Comments to Airspace Docket No. 97– coincide with the boundary of the San with the boundary of the San Juan ASO–16.’’ The postcard will be date/ Juan Enroute Domestic Airspace Area. Enroute Domestic Airspace Area. This time stamped and returned to the The Atlantic High Offshore Airspace proposal would facilitate the use of commenter. All communications Area is designated as Class A airspace, domestic air traffic control (ATC) received on or before the specified and the San Juan Enroute Domestic procedures within that airspace, and closing date for comments will be Airspace Area is designated as Class E thereby expedite the flow of air traffic considered before taking action on the airspace; domestic ATC standards apply and enhance the utilization of that proposed rule. The proposal contained in these areas. At present, a gap of airspace. in this notice may be changed in light approximately 80 Nautical Miles (NM) exists between the boundaries of the DATES: Comments must be received on of comments received. All comments submitted will be available for Atlantic High Offshore Airspace Area or before January 2, 1998. and the San Juan Enroute Domestic ADDRESSES: Send comments on the examination in the Rules Docket both before and after the closing date for Airspace Area. The airspace within this proposal in triplicate to: Manager, Air gap is part of the San Juan Oceanic Traffic Division, ASO–500, Docket No. comments. A report summarizing each substantive public contact with FAA Control Area/Flight Information Region 97–ASO–16, Federal Aviation (CTA/FIR). International Civil Aviation personnel concerned with this Administration, P.O. Box 20636, Organization (ICAO) ATC standards rulemaking will be filed in the docket. Atlanta, GA 30320. apply within the San Juan Oceanic The official docket may be examined Availability of NPRM’s CTA/FIR. Consequently, air traffic in the Rules Docket, Office of the Chief controllers must apply two different sets Counsel, Room 916, 800 Independence Any person may obtain a copy of this of ATC standards to aircraft Avenue, SW., Washington, DC, Notice of Proposed Rulemaking (NPRM) transitioning from the Atlantic High weekdays, except Federal holidays, by submitting a request to the Federal Offshore Airspace Area to the San Juan between 8:30 a.m. and 5:00 p.m. Aviation Administration, Office of Air Enroute Domestic Airspace Area, or An informal docket may also be Traffic Airspace Management, 800 vice-versa, (i.e., flight operations on the examined during normal business hours Independence Avenue, SW., routes between south Florida and Puerto at the office of the Regional Air Traffic Washington, DC 20591, or by calling Rico). Division, ASO–500, Federal Aviation (202) 267–8783. Communications must Modifying the Atlantic High Offshore Administration, P.O. Box 20636, identify the notice number of this Airspace Area as proposed would Atlanta, GA 30320. NPRM. Persons interested in being permit air traffic controllers to apply FOR FURTHER INFORMATION CONTACT: placed on a mailing list for future domestic ATC standards along the Patricia P. Crawford, Airspace and Rules NPRM’s should call the FAA’s Office of entire length of the affected routes, Division, ATA–400, Office of Air Traffic Rulemaking, (202) 267–9677, for a copy thereby enhancing the flow of air traffic, Airspace Management, Federal Aviation of Advisory Circular No. 11–2A, Notice increasing capacity, and allowing for Administration, 800 Independence of Proposed Rulemaking Distribution more efficient use of the airspace. Avenue, SW., Washington, DC 20591; System, which describes the application Offshore Airspace Area designations telephone: (202) 267–8783. procedure. are published in paragraph 2003 of FAA Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61459

Order 7400.9E, dated September 10, exempt from the Standards and Port-Au-Prince CTA/FIR, and the Havana 1997, and effective September 16, 1997, Recommended Practices of Annex 11. CTA/FIR; bounded on the west from south to which is incorporated by reference in 14 The United States is a contracting state north by the Houston Oceanic CTA/FIR, CFR 71.1. The offshore airspace area to the Convention. Article 3(d) of the southern boundary of the Jacksonville Air designation listed in this document Route Traffic Control Center and a line 12 Convention provides that participating miles offshore and parallel to the U.S. would be published subsequently in the state aircraft will be operated in shoreline. Order. The FAA has determined that international airspace with due regard this proposed regulation only involves * * * * * for the safety of civil aircraft. Issued in Washington, DC, on November 6, an established body of technical Since this action involves, in part, the 1997. regulations for which frequent and designation of navigable airspace Nancy B. Kalinowski, routine amendments are necessary to outside the United States, the keep them operationally current. It, Acting Program Director for Air Traffic Administrator is consulting with the Airspace Management. therefore: (1) Is not a ‘‘significant Secretary of State and the Secretary of [FR Doc. 97–30215 Filed 11–17–97; 8:45 am] regulatory action’’ under Executive Defense in accordance with the Order 12866; (2) is not a ‘‘significant provisions of Executive Order 10854. BILLING CODE 4910±13±P rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February List of Subjects in 14 CFR Part 71 26, 1979); and (3) does not warrant Airspace, Incorporation by reference, DEPARTMENT OF ENERGY preparation of a Regulatory Evaluation Navigation (air). as the anticipated impact is so minimal. Federal Energy Regulatory Since this is a routine matter that will The Proposed Amendment Commission only affect air traffic procedures and air In consideration of the foregoing, the 18 CFR Part 284 navigation, it is certified that this rule, Federal Aviation Administration when promulgated, will not have a proposes to amend 14 CFR part 71 as [Docket No. RM96±1±007; Order No. significant economic impact on a follows: 587±F] substantial number of small entities under the criteria of the Regulatory PART 71ÐDESIGNATION OF CLASS A, Standards for Business Practices of Flexibility Act. CLASS B, CLASS C, CLASS D AND Interstate Natural Gas Pipelines CLASS E AIRSPACE AREAS; ICAO Considerations AIRWAYS; ROUTES; AND REPORTING November 12, 1997. AGENCY: Federal Energy Regulatory As part of this proposal relates to POINTS navigable airspace outside the United Commission. States, this notice is submitted in 1. The authority citation for part 71 ACTION: Notice of proposed rulemaking accordance with the ICAO International continues to read as follows: (NOPR). Standards and Recommended Practices. Authority: 49 U.S.C. 106(g), 40103, 40113, SUMMARY: The Federal Energy The application of International 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Regulatory Commission (Commission) is Standards and Recommended Practices 1963 Comp., p. 389. proposing to amend its regulations by the FAA, Office of Air Traffic § 71.1 [Amended] governing standards for conducting Airspace Management, in areas outside business practices and electronic U.S. domestic airspace, is governed by 2. The incorporation by reference in communication with interstate natural the Convention on International Civil 14 CFR 71.1 of the Federal Aviation gas pipelines by incorporating by Aviation. Specifically, the FAA is Administration Order 7400.9E, Airspace reference the most recent version of governed by Article 12 and Annex 11, Designations and Reporting Points, standards promulgated by the Gas which pertain to the establishment of dated September 10, 1997, and effective Industry Standards Board (GISB). The necessary air navigational facilities and September 16, 1997, is amended as Commission also is proposing to adopt services to promote the safe, orderly, follows: regulations, not developed by GISB, and expeditious flow of civil air traffic. Paragraph 2003 Offshore Airspace Areas governing intra-day nominations, The purpose of the document is to * * * * * operational balancing agreements ensure that civil aircraft operations on (OBAs), netting and trading of international air routes are performed Atlantic High [Revised] imbalances, standardization of under uniform conditions. That airspace extending upward from The International Standards and 18,000 feet MSL to and including FL 600 communications over the public Recommended Practices in Annex 11 within the area bounded on the east from Internet, and notices of operational flow apply to airspace under the jurisdiction north to south by the Moncton FIR, New orders. In addition, the Commission is York Oceanic CTA/FIR, and the San Juan of a contracting state, derived from providing policy guidance on other Oceanic CTA/FIR; to the point where the San issues related to business practices of ICAO. Annex 11 provisions apply when Juan Oceanic CTA/FIR boundary turns air traffic services are provided and a ° ′ ′′ ° ′ ′′ interstate natural gas pipelines to assist southwest at lat. 21 08 00 N., long. 67 45 00 GISB in developing implementation contracting state accepts the W., thence from that point southeast via a responsibility of providing air traffic straight line to intersect a 100-mile radius of standards that could be adopted by the services over high seas or in airspace of the Fernando Luis Ribas Dominicci Airport at Commission in future regulations. These undetermined sovereignty. A lat. 19°47′28′′ N., long. 67°09′37′′ W., thence business practices standards contracting state accepting this counter-clockwise via a 100-mile radius of supplement standards adopted by the responsibility may apply the the Fernando Luis Ribas Dominicci Airport Commission in Order Nos. 587, 587–B, to lat. 18°53′05′′ N., long. 67°47′43′′ W., and 587–C. International Standards and thence from that point northwest via a Recommended Practices that are DATES: Comments are due December 18, straight line to intersect the point where the 1997. consistent with standards and practices Santo Domingo FIR turns northwest at lat. utilized in its domestic jurisdiction. 19°39′00′′ N., long. 69°09′00′′ W., thence from ADDRESSES: Federal Energy Regulatory In accordance with Article 3 of the that point the area is bounded on the south Commission, 888 First Street, N.E., Convention, state owned aircraft are from east to west by the Santo Domingo FIR, Washington DC, 20426. 61460 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules

FOR FURTHER INFORMATION CONTACT: communication with interstate natural GISB and the industry propose Michael Goldenberg, Office of the gas pipelines by incorporating by clarifications or revisions to the General Counsel, Federal Energy reference the most recent version of standards by September 1, 1997. In Regulatory Commission, 888 First standards promulgated by the Gas addition, in Order No. 587–E, the Street, NE, Washington, DC 20426, Industry Standards Board (GISB). The Commission noted that GISB had (202) 208–2294 Commission also is proposing to adopt committed itself to completing the Marvin Rosenberg, Office of Economic regulations, not developed by GISB, in standardization of all functions and Policy, Federal Energy Regulatory new § 284.10(b)(2) of its regulations. information now provided on pipeline Commission, 888 First Street, N.E., These regulations would govern intra- Electronic Bulletin Boards (EBBs) and Washington, DC 20426, (202) 208– day nominations, operational balancing requested a report, by September 1, 1283 agreements (OBAs), netting and trading 1997, on the extent of GISB’s progress Kay Morice, Office of Pipeline of imbalances, standardization of and the contemplated completion Regulation, Federal Energy Regulatory communications over the public date. 3 Commission, 888 First Street, N.E., Internet, and notices of operational flow Second, in its November 13, 1996 4 Washington, DC 20426, (202) 208– orders. In addition, the Commission is NOPR, the Commission identified 0507 providing policy guidance on other several disputed standards where four industry segments supported the SUPPLEMENTARY INFORMATION: In issues to eliminate disputes within GISB standards, but the pipeline segment addition to publishing the full text of over these issues and thereby assist prevented a consensus from being this document in the Federal Register, GISB in developing implementation reached.5 the Commission provides all interested standards in these areas. To review these issues, the Commission staff held a technical persons an opportunity to inspect or I. Background copy the contents of this document conference on December 12 and 13, during normal business hours in Room A. Prior Commission Action 1996, and comments on the conference were filed on February 21, 1997.6 2A, 888 First Street, N.E., Washington In Order Nos. 587, 587–B, and 587– D.C. 20426. The complete text on C 1 the Commission began the process of B. GISB’s September 2, 1997 Filing diskette in WordPerfect format may be standardizing the business practices and On September 2, 1997, GISB filed purchased from the Commission’s copy communication methodologies of with the Commission revisions to its contractor, La Dorn Systems interstate pipelines to create a more standards (Version 1.2), a report on the Corporation. La Dorn Systems integrated and efficient pipeline grid. issues raised by the Commission in Corporation is located in the Public The Commission incorporated by Order No. 587–C regarding intra-day Reference Room at 888 First Street, N.E., reference consensus standards nominations, the unclear OBA and 2 Washington, D.C. 20426. developed by GISB, covering certain imbalance standards, and the standard The Commission Issuance Posting industry business practices— covering formats for file downloads, and System (CIPS), an electronic bulletin Nominations, Flowing Gas, Invoicing, a report on the progress of its title board service, also provides access to and Capacity Release—as well as transfer tracking task force. the texts of formal documents issued by standards and electronic datasets that Version 1.2 replaces Versions 1.0 and the Commission. CIPS is available at no detailed the data requirements needed 1.1. Version 1.2 contains several new charge to the user. CIPS can be accessed to conduct these business transactions and revised business practices over the Internet by pointing your electronically. The Commission also standards, covering exchange of volume browser to the URL address: http:// adopted standards providing that these audit statements, statements of account, www.ferc.fed.us. Select the link to CIPS. business transactions would be changes to Internet protocols, formats The full text of this document can be conducted over the Internet as well as for posting information on pipeline web viewed, and saved, in ASCII format and standards requiring the posting of sites, and the confirmation and an entire day’s documents can be additional information on Internet Web validation process for pre-arranged downloaded in WordPerfect 6.1 format pages. capacity release transactions.7 The by searching the miscellaneous file for During the process of adopting these Version 1.2 standards also contain both the last seven days. CIPS also may be standards, there were areas that had accessed using a personal computer been left unresolved which are relevant 3 GISB Electronic Delivery Mechanism Related with a modem by dialing 202–208–1397 to the Commission’s proposed actions in Standards 4.3.6 states that ‘‘within a reasonable if dialing locally or 1–800–856–3920 if this Notice of Proposed Rulemaking amount of time, all EBB information, functions and dialing long distance. To access CIPS, (NOPR). First, in Order No. 587–C, the transactions should be achieved via one mode of set your communications software to communications.’’ Commission declined to adopt 4 See Standards For Business Practices Of 19200, 14400, 12000, 9600, 7200, 4800, standards in four areas—intra-day Interstate Natural Gas Pipelines, Notice of Proposed 2400, or 1200 bps, full duplex, no nominations, operational balancing Rulemaking and Staff Technical Conference, 61 FR parity, 8 data bits and 1 stop bit. The agreements, netting of imbalances, and 58790 (Nov. 19, 1996), IV FERC Stats. & Regs. full text of this order will be available Proposed Regulations ¶ 32,521 (Nov. 13, 1996). The downloading documents from pipeline disputed issues involve pooling, title transfer on CIPS in ASCII and WordPerfect 6.1 Internet Web sites—and requested that tracking, ranking of gas packages, predetermined format. CIPS user assistance is available allocations, intra-day nominations, operational flow at 202–208–2474. 1 Standards For Business Practices Of Interstate orders, fuel sales, and imbalance trading. Natural Gas Pipelines, Order No. 587, 61 FR 39053 5 For a standard to issue, it must be approved by Notice of Proposed Rulemaking and (Jul. 26, 1996), III FERC Stats. & Regs. Regulations 17 out of the 25 members of the GISB Executive Statement of Policy; Order No. 587–F Preambles ¶ 31,038 (Jul. 17, 1996), Order No. 587– Committee with at least two affirmative votes from B, 62 FR 5521 (Feb. 6, 1997), III FERC Stats. & Regs. each of the five segments. November 12, 1997. Regulations Preambles ¶ 31,046 (Jan. 30, 1997), 6 Appendix A lists those filing comment on the The Federal Energy Regulatory Order No. 587–C, 62 FR 10684 (Mar. 10, 1997), III conference. Appendix B lists the disputed Commission (Commission) is proposing FERC Stats. & Regs. Regulations Preambles ¶ 31,050 standards. (Mar. 4, 1997). 7 Flowing Gas Related Standard 2.1.4, Invoicing to amend § 284.10 of its regulations 2 GISB is a private, consensus standards Related Standard 3.3.21, Electronic Delivery governing standards for conducting developer composed of members from all segments Mechanism Standards 4.3.1 and 4.3.16, and business practices and electronic of the natural gas industry. Capacity Release Related Standard 5.3.30. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61461 new and revised standards applicable to Clearinghouse (NGC), Koch Gateway increase the overall efficiency of the the datasets used for electronically Pipeline Company (Koch), and pipeline grid or when the standard conducting business transactions TransCapacity Limited Partnership reflects a fundamental service right to relating to nominations, flowing gas, (TransCapacity). NGC contends that which similarly situated shippers invoices and capacity release data.8 GISB is stymied and that the time has should be entitled on all pipelines. On Finally, the Version 1.2 standards come for the Commission to resolve the other issues, the Commission is include GISB’s interpretations of issues which the Commission set for providing policy guidance in this NOPR standards.9 consideration in Order No. 587–C. NGC so that GISB and the industry can GISB reports that it established a task further states that the title transfer develop the most efficient standards to force to evaluate the intra-day tracking task force has not addressed the implement those policy choices. nomination process, but the task force underlying issue of whether the Specifically, the Commission is has not yet completed standards to pipeline should perform this service, proposing to incorporate the Version 1.2 better synchronize this process across and argues that this is an issue the standards in section 284.10(b)(1)(i) and pipelines. GISB states that the Commission must resolve. is further proposing in section completion of the intra-day nomination TransCapacity suggests the GISB 284.10(b)(2) to adopt additional process was delayed because the process be given more time, within regulations that would: require members of the task force came to the defined limits, to resolve these issues. pipelines to give firm intra-day realization that, in order to make the Koch, on the other hand, contends the nominations priority over already intra-day process work efficiently, a Commission should resist further nominated and scheduled interruptible fundamental review of the entire standardization, because transportation; 11 require pipelines to confirmation process was necessary. standardization will impede the enter into operational balancing GISB concludes that the task force pipelines’ ability to provide creative or agreements at all pipeline to pipeline remains cautiously optimistic that it dynamic new services. Koch is interconnects; 12 require pipelines to will successfully report a particularly concerned that further permit shippers to offset imbalances recommendation out of the task force to standardization of intra-day accruing on their different contracts the Executive Committee before the end nominations along the lines being with a pipeline and trade imbalances of 1997. considered by GISB’s task force could when such imbalances have similar GISB reports that it has not completed result in depriving shippers on its operational impact on the pipeline’s the clarification of the OBA and pipeline of service options they value. systems; 13 require pipelines to post all imbalance standards as requested by the Koch also is concerned about the information and conduct all business Commission in Order No. 587-C. GISB possibility that the Commission will transactions using the public Internet states that the standards are pending replace pipelines’ proprietary EBBs with and internet protocols by June 1, before its Business Practices a requirement for standardized 1999; 14 require pipelines to adhere to subcommittee, which intends to review communication modalities. specific standards in posting them when its normal rotation deals information on pipeline web sites and with contract and flowing gas issues. II. Discussion in maintaining electronic records; 15 and GISB anticipates consideration of these The Commission proposes to require pipelines to provide shippers issues before the end of 1997. incorporate by reference the Version 1.2 On electronic communication issues, with notice of operational flow orders standards passed by GISB to substitute GISB explained that it has approved by posting the notices on the pipelines’ for the Version 1.0 and 1.1 standards Electronic Delivery Mechanism Internet web sites as well as by notifying currently incorporated in the Standard 4.3.16 which provides that shippers through Internet E-Mail or regulations. In the Commission’s earlier files can be downloaded from pipeline through notification to the shipper’s orders, the Commission adopted 16 web sites in two formats: hyper-text Internet (URL) address. The standards only when all segments of the mark-up language (HTML) or rich-text- Commission is proposing that pipelines format (RTF). However, GISB did not industry concurred that the standard comply with these regulations within 60 file a progress report on its efforts to was needed to improve efficiency. days of the issuance of final rule, with complete the process of standardizing However, the Commission has the exception, as noted above, of section information currently provided on recognized that policy disputes between 284.10(b)(2)(iii)(A) (requiring pipelines pipeline EBBs, as requested in Order the segments may prevent the to conduct business using the Internet), No. 587–E. development of standards that are for which compliance would be GISB included a report by its title necessary to the development of an expected by June 1, 1999. transfer tracking task force on its integrated pipeline grid.10 The Commission is providing policy progress. The task force has not yet After having reviewed the transcript guidance in the following areas: the completed its work, and GISB of the December 12–13, 1996 technical extent of notice interruptible shippers comments that this is ‘‘one of the most conference, the February 21, 1997 should be given of rescheduled capacity challenging and time consuming issues comments submitted on the technical allocations, as well as the pipelines’ facing the industry.’’ conference, and the GISB report, the responsibilities to support title transfer Comments on the topics addressed by Commission has concluded that it needs tracking, to permit gas package ranking GISB’s report were filed by Natural Gas to resolve policy disputes so that GISB across contracts, and to support the use can focus its efforts on resolving the of third-parties to provide 8 The new standards are Nominations Related technical details of implementation. On reimbursement for compressor fuel. Standard 1.4.6 and Flowing Gas Related Standard some issues, the Commission is 2.4.6. The revised standards are Nominations proposing new regulations when 11 Proposed regulation 284.10(b)(2)(i). Related Standards 1.4.1 through 1.4.5, Flowing Gas 12 Proposed regulation 284.10(b)(2)(ii)(A). Related Standards 2.4.1 through 2.4.5, Invoicing uniform standards appear necessary to 13 Related Standards, 3.4.1 through 3.4.3, Capacity Proposed regulation 284.10(b)(2)(ii)(B). Release Related Standards 5.4.1. through 5.4.4, 5.4.6 10 Order No. 587, 61 FR at 39060, III FERC Stats. 14 Proposed regulation 284.10(b)(2)(iii)(A). through 5.4.13, and 5.4.15, through 5.4.17. & Regs. Regulations Preambles, at 30,065; Order No. 15 Proposed regulation 284.10(b)(2)(iii) (B) 9 Interpretations of Standards 7.3.1 through 587-C, 62 FR at 10686, III FERC Stats. & Regs. through (D). 7.3.18. Regulations Preambles ¶ 31,050, at 30,583. 16 Proposed regulation 284.10(b)(2)(iii)(E). 61462 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules

With respect to other issues in dispute, shot, of developing a comprehensive set comments is whether additions to the pipeline tracking of multi-tiered of data elements that will accommodate datasets could be permitted, so long as allocations, provision of paper pools, business transactions across all these additions do not affect the ability and penalty calculations, the pipelines. Inevitably, experience with of shippers to use the Version 1.2 Commission does not find that a the Version 1.1 standards would reveal standards. One of the advantages of EDI sufficient case has been made to justify areas where refinements and is that it does permit the addition of its intervention at this time. improvements were needed. Adoption data elements without affecting the With the Commission’s resolution of of the Version 1.2 revisions, therefore, ability of shippers to use an earlier the fundamental policy issues, GISB should improve the standards so that version. Under this approach, shippers should be able to formulate the they better accommodate pipeline that want to avail themselves of the new standards necessary for implementing business practices. In addition to features could do so, while other the policies addressed in this NOPR. incorporating the standards by shippers could still use the Version 1.2 Although GISB had anticipated being reference, the Commission also is datasets. able to complete standards in some proposing to incorporate the GISB B. Proposed Regulations and Policy areas by the end of calendar 1997, the interpretations. While the Commission recognizes that it may need Guidance on Intra-day Nomination interpretations will not necessarily be Issues additional time to consider these determinative in the event of a dispute, standards in the light of the they, like the GISB principles adopted 1. The Issues Commission’s policy guidance given previously, will help to provide reliable Under the GISB standards,20 the here. The Commission finds that a guides as to the industry’s initial nomination for the next day of March 31, 1998 deadline should provide understanding of the standards should gas flow (which starts at 9 a.m.) must be sufficient time, and the Commission, disputes or complaints arise. transmitted to the pipeline by 11:45 a.m. therefore, solicits the submission of The Commission appreciates that the central clock time (CCT).21 This final standards from GISB and others in Version 1.1 standards have been nomination is confirmed by 4:30 p.m. the industry by that date. implemented unevenly across the CCT. An intra-day nomination is any In stepping-in to resolve the disputed pipeline grid. Some pipelines have nomination sent after the initial issues, the Commission is in no way received waivers which permit them to nomination deadline.22 An intra-day seeking to derogate GISB’s role or its use non-standardized data elements, nomination may be made either on the accomplishments. GISB’s ability to while they sought changes or revisions day prior to gas flow (after 11:30 a.m.) develop a consensus on the large 18 from GISB. Other pipelines have or on the day of gas flow.23 Intra-day number of standards it has adopted is a implemented the Version 1.2 standards nominations are for a daily quantity; signal achievement and testament to the 19 early. When implementation is not changes in hourly gas flows are industry’s ability to work together to uniform, burdens are created for determined by the interconnecting solve mutual problems. However, it shippers who have to have several parties.24 would ignore reality to assume that all different sets of data elements to match The current standards require a factions will be able to agree on every the differing requirements of the pipeline to permit one intra-day issue, particularly when those issues different pipelines. The Commission, nomination four hours prior to gas involve regulatory policy issues. By therefore, requests comments on flow.25 In Order No. 587–C, the resolving these issues, the Commission whether in the interests of providing Commission pointed out that pipelines is not seeking to replace GISB, but certainty, it should decline to extend its chose to implement this standard in rather to work together with GISB and waivers of the dataset compliance any divergent ways. Some pipelines process the industry to develop policies and further and require all pipelines to intra-day nominations using a ‘‘rolling’’ standards necessary to increase the follow the Version 1.2 standards even if system permitting the shipper to choose efficiency of the pipeline grid.17 Indeed, certain issues are still unresolved. the time at which it submits the intra- the resolution of these policy questions A related question is how quickly to day nomination, while others chose a may permit GISB to focus its resources issue revisions to the standards. There ‘‘batch process’’ in which the pipeline on developing the necessary standards clearly is going to be a need to revise sets a specified time for processing to implement these policies in the most these standards. Indeed, in this NOPR, efficient manner possible. intra-day nominations and all intra-day the Commission has requested the nominations submitted before that time The Commission’s proposed submission of additional data elements standards and its policy guidance in all are accumulated and processed together. for certain transactions. On the other these areas are discussed below. The batch process also differs from hand, if the standards are modified too pipeline to pipeline, with pipelines A. Proposed Adoption of the Version 1.2 frequently, shippers incur time and choosing different batch times. In Standards expense in having to reprogram their addition, on some pipelines intra-day Version 1.2 of the standards computers to meet the new changes. nominations for firm service ‘‘bump’’ or principally revises the data elements Thus, the Commission requests interrupt scheduled or flowing used to conduct business transactions comment on whether it should grant a interruptible gas, while on others they with the pipelines. The Commission hiatus of a year or more before the recognizes the difficulty, on the first Commission adopts any subsequent 20 18 CFR 284.10(b)(1)(i), Nominations Related revision of the datasets so that shippers Standards 1.3.1 and 1.3.2. 21 Central clock time is central time taking into 17 See Michael E. Porter & Class van der Linde, will be able to implement them without account changes for daylight savings time. Green and Competitive: Ending the Stalemate, a risk that they subsequently will have 22 Harvard Business Review 120, 124, 127 (Sept/Oct to remap their computers. A possible 18 CFR 284.10(b)(1)(i), Nominations Related 1995); Malcolm Gladwell, Just Ask For It, The New Standards 1.2.4. alternative to be considered in the 23 Yorker, 45 (April 7, 1997) (governmental regulation 18 CFR 284.10(b)(1)(i), Nominations Related is sometimes needed to motivate industries to adopt Standards 1.2.7. policies that enhance competition and foster greater 18 See Texas Eastern Transmission Corporation, 24 18 CFR 284.10(b)(1)(i), Nominations Related efficiency, but government needs to focus on 79 FERC ¶ 61,223 (1997). Standards 1.3.9. outcomes and should work with industry in setting 19 Tennessee Gas Pipeline Company, 80 FERC 25 18 CFR 284.10(b)(1)(i), Nominations Related relevant standards). ¶ 61,311 (1997). Standards 1.3.10. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61463 do not. The Commission commented to consider this issue has not completed Under this model, pipelines would that this plethora of approaches its work, because its members came to establish three times during which prevented shippers from coordinating the realization that, in order to make the shippers could synchronize their intra- their intra-day nominations across intra-day nomination process work day nominations across multiple multiple pipelines, and requested that efficiently, a fundamental review of the pipelines. The synchronization times GISB provide recommendations by entire confirmation process was are 6 p.m. (to take effect on the next gas September 1, 1997 on standards to necessary. GISB included with its filing day) and 10 a.m. and 5 p.m. to take provide the necessary coordination. the current test model its task force has effect on the same gas day. According to GISB’s September 2, developed to deal with this issue. 1997 filing, the task force it assembled BILLING CODE 6717±01±P

BILLING CODE 6717±01±C Third, the task force states that some step, with the ultimate goal being the In the report, the task force believe that the synchronized time line development of a continuous and 28 summarizes the outstanding policy can coexist with those pipelines that use contiguous scheduling system. disputes that it has been unable to a rolling intra-day process, because The Commission will resolve the resolve. First, the task force did not shippers can choose whether to submit policy disputes highlighted by the GISB address the ‘‘bumping’’ issue—whether their nominations at the synchronized task force to enable GISB to focus on the firm intra-day nominations can times. Others, however, are concerned implementation details of the standards, that if a bump occurs, the coexistence of interrupt or displace scheduled such as ensuring that the intra-day the two methods seems to unravel.26 interruptible service. The timeline confirmation procedures are in place so They maintain that, if the Commission proposed by the task force attempts to that nominations will be accepted when requires that firm intra-day nominations accommodate both bumping and non- capacity is available. GISB and others in bump scheduled interruptible service, bumping pipelines. the industry should submit an intra-day pipelines may have to switch from the timeline and scheduling standards in Second, the task force is unclear as to rolling to the batching process, which accordance with these policies by the amount of notice and opportunity to would be a degradation of service to March 31, 1998. reschedule which Commission policy shippers. accords to interruptible shippers. For In addition, there was one disputed a. Priorities of Firm and Interruptible instance, under the test model, an intra- standard (Standard No. 77A) dealing Intra-day Nominations day nomination submitted at 6 p.m. on with intra-day nominations. This (1) Commission’s Policy on Service the day before gas flow will not take standard would have required pipelines Priority effect until 5 p.m. on the day of gas flow to permit intra-day nominations at all if it bumps an interruptible shipper. If nominatable receipt and delivery The Commission’s policy since Order the intra-day nomination does not points.27 No. 636 has been that firm shippers, who pay reservation charges, are bump, it will take effect at 9 a.m., rather 2. Commission Resolution of the Issues than 5 p.m. The time line also provides entitled to service superior to that of that the last intra-day opportunity of the The Commission agrees that having interruptible shippers. Interruptible day, at 5 p.m., does not bump. three synchronization times, as shippers, by definition, take the risk that proposed by the task force, would be a their service will be interrupted if firm The report states that some on the task significant improvement on the current shippers choose to use their capacity. force contend that bumping an system. As GISB itself has recognized, In Order No. 636, the Commission did interruptible shipper’s scheduled gas is however, the adoption of these not require pipelines to provide intra- unfair unless the shipper has the nomination timelines is only an interim day nomination opportunities, but some opportunity to reschedule. Firm pipelines did so, and the Commission shippers, on the other hand, contend 26 In its September 2, 1997 comments, Koch, permitted those pipelines to include that since they pay reservation charges, which states it uses a rolling process without provisions in their tariffs under which they are entitled to scheduling priority bumping, contends that if an interconnected scheduled interruptible nominations and, therefore, their intra-day pipeline supports bumping and uses the batch process, a bump on that pipeline can wreak havoc would not be bumped by firm intra-day nomination should take effect at 9 a.m. on Koch’s system since a bump will ripple down even if the firm intra-day nomination and disrupt flow. 28 18 CFR 284.10(b)(1)(i), Nominations Related bumps scheduled interruptible service. 27 See Appendix B. Standards 1.1.2. 61464 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules nominations. However, as intra-day pipelines follow its general policy that regulation based on their current intra- nominations became more prevalent, firm intra-day nominations should have day schedule until such time as GISB the Commission’s policy was to apply scheduling priority over scheduled completes, and/or the Commission its general scheduling priorities to intra- interruptible service. This regulation adopts, a revised intra-day schedule. In day nominations. Thus, the Commission would ensure that all firm shippers will accordance with the previous found that firm intra-day nominations receive the same rights on all pipelines. discussion, those pipelines that permit should be entitled to bump scheduled INGAA and Koch 34 contend that the at least three intra-day nomination interruptible service.29 The Commission should not seek to opportunities each gas day may file a Commission, however, concluded that standardize this element of intra-day request to permit scheduled interruptible shippers should receive service. They maintain that the diversity interruptible service to have a notice of their rescheduled quantities in approach is the product of individual scheduling priority higher than a firm and an opportunity to renominate.30 The pipeline settlements and customer intra-day nomination submitted at the Commission also determined that preferences which should not be upset. final intra-day nomination opportunity bumped interruptible shippers should Not only would a continuation of a of the gas day. Pipelines filing to not be subject to penalties directly bifurcated intra-day nomination system comply with this provision also need to related to the bump on the day on deprive firm shippers on some pipelines consider whether bumped interruptible which the bump takes place.31 with the legitimate priority rights to shippers should be exempt from certain When Order No. 587 required all which they are entitled, a bifurcated penalties. pipelines to implement intra-day system also appears to be at odds with nominations, the Commission the goal of creating an integrated (3) Policy Regarding Notice to determined that those pipelines filing to pipeline grid. A firm shipper Interruptible Shippers institute intra-day nominations on their nominating gas across multiple The next question raised by the GISB systems had to follow the general policy pipelines needs to be able to coordinate task force report is over the extent of and permit firm intra-day nominations its intra-day nominations. Under the notice, and the opportunity to to bump scheduled interruptible service present system, if even one pipeline in renominate, to which an interruptible upon reasonable notice.32 On those its nomination chain has a no-bump shipper should be entitled if a firm pipelines with no-bump provisions that rule, the shipper may be unable to have intra-day nomination bumps existed prior to Order No. 587, the its entire chain of intra-day nominations interruptible service. For instance, Commission permitted the no-bump confirmed. Thus, a single approach to under the task force’s model, a firm provisions to stand, because the bumping appears necessary to integrate intra-day nomination may be submitted pipeline filings were strictly compliance the pipeline grid. at 6 p.m. on the day before gas flow. If filings, and the Order No. 587 standards The Commission, however, does agree that nomination does not bump did not address the priority issue for with the GISB task force that, if a firm interruptible service, it would become intra-day nominations.33 shipper has had a reasonable effective at 9 a.m. on the day of gas flow. opportunity to reschedule its gas, a If it bumped interruptible service, one (2) Proposed Regulation Giving Firm pipeline may provide a final intra-day segment of the task force wants the Intra-Day Nominations Priority Over nomination opportunity where nomination to become effective at 5 Scheduled Interruptible Service scheduled interruptible service will be p.m. on the day of gas flow in order to The Commission is proposing to protected from bumping. Under the permit the interruptible shipper to require that the remaining no-bump GISB task force’s model, firm intra-day attempt to reschedule gas at the 10 a.m. nominations submitted at the third intra-day nomination. Under this 29 See Tennessee Gas Pipeline Company, 73 FERC intra-day opportunity at 5 p.m. on the approach, the firm shipper would have ¶ 61,158, at 61,456 (1995). day of gas flow would not bump 16 hours of gas flow (5 p.m. until 9 a.m. 30 Id. the next day) while the interruptible 31 Id. (daily variance charge waived, but only for previously scheduled interruptible the day on which the bump takes place). service. Eliminating bumping at this shipper would have 8 hours of flow (9 32 See El Paso Natural Gas Company, 77 FERC stage would provide a final opportunity a.m. until 5 p.m.) under the initial ¶ 61,176 (1996); Alabama-Tennessee Natural Gas for all shippers to renominate supply nomination before the bump occurs. Company, 79 FERC ¶ 61,117 (1997); Algonquin Gas and provide stability. Another segment contends that firm Transmission Company, 78 FERC ¶ 61,281 (1997); shippers, paying reservation charges, ANR Pipeline Company, 78 FERC ¶ 61,142 (1997); The Commission, therefore, is Arkansas-Western Pipeline Company, 78 FERC proposing to require pipelines to give should have the right to commence gas ¶ 61,250 (1997); Canyon Creek Compression nominations by firm shippers flow at 9 a.m. regardless of whether it Company, 78 FERC ¶ 61,003 (1997); CNG scheduling priority over nominated and would bump interruptible shippers. Transmission Corporation, 78FERC ¶ 61,131 (1997); scheduled volumes for interruptible As described above, the Commission’s Great Lakes Gas Transmission Limited Partnership, policy is that firm shippers have 79 FERC ¶ 61,194 (1997); Iroquois Gas Transmission service. The pipelines also would have System, L.P., 79 FERC ¶ 61,196 (1997); K N to provide interruptible shippers with scheduling priority over interruptible Interstate Gas Transmission Company, 79 FERC notice that their volumes will be shippers. Thus, in the situation posited ¶ 61,208 (1997); Mojave Pipeline Company, 78 reduced.35 Pipelines would be required by the GISB task force, firm shippers FERC ¶ 61,153 (1997); National Fuel Gas Supply should have the right to submit an intra- Corporation, 78 FERC ¶ 61,332 (1997); NorAm Gas to file to implement this provision Transmission Company, 79 FERC within 60 days from the date of a final day nomination on the day prior to gas ¶ 61,069 (1997); Overthrust Pipeline Company, 78 rule in this proceeding. Pipelines would flow and have that nomination become FERC ¶ 61,285 (1997); Questar Pipeline Company, be expected to implement this effective at the start of the gas day, 78 FERC ¶ 61,305 (1997); Southern Natural Gas rather than eight hours later. While Company, 78 FERC ¶ 61,125 (1997); Texas Gas Transmission Corporation, 79 FERC ¶ 61,175 34 Comments of the Interstate Natural Gas interruptible shippers are entitled to (1997); Trailblazer Pipeline Company, 77 FERC–– ¶ Association of America, at 33 (February 21, 1997); notice that their scheduled volumes will 61,328 (1996); Viking Gas Transmission Company, Koch Gateway Pipeline Company, at 11 (February be reduced, they are not necessarily 78 FERC ¶ 61,243 (1997); Young Gas Storage 21, 1997). See also Comments of Enron Interstate entitled to an opportunity to reschedule Company, Ltd., 79 FERC ¶ 61,030 (1997). Pipelines, at 12 (February 21, 1997) (setting intra- 33 See Transwestern Pipeline Company, 78 FERC day schedules is not appropriate for a standard- prior to their volumes being reduced if ¶ 61,146 (1997); Florida Gas Transmission setting forum). such a renomination would interfere Company, 78 FERC ¶ 61,177 (1996). 35 Proposed regulation 284.10(b)(2)(i). with the ability of a firm shipper to have Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61465 its nomination become effective at the circumstances. First, firm shippers do c. Submission of Intra-Day Nominations earliest possible time after confirmation. not appear to have an obvious incentive at All Nomination Points In the situation posed by the GISB to purposefully delay their initial Disputed Standard No. 77A would task force, the interruptible shippers are nominations or to submit nominations require pipelines to allow intra-day provided with at least 11 hours notice not based on their best assessment of nominations at all nominatable receipt prior to the start of gas flow for the next their needs, at the time, for the next 36 and delivery points. The Commission’s day. Thus, even if bumped, they day.38 Second, firm shippers still run a policy is that those intra-day would not be required to reduce flowing risk if they delay their nominations, nominations required by the volumes. Second, the interruptible because a firm shipper’s nomination to Commission must be made available to shippers would still have the a primary point will not bump already all regular open access services, apply to opportunity at 10 a.m. to reschedule its scheduled secondary firm service to that each contract between the shipper and entire quantity of gas for the day, subject point. Thus, a firm shipper that delays the pipeline, and permit the shipper to to available capacity. its nomination risks losing its ability to request changes at all receipt and Moreover, interruptible shippers that acquire gas at its primary point. delivery points.40 Pipelines, however, wish to avoid the risk of being bumped may impose restrictions on intra-day can enter into short-term capacity b. Guidance Regarding the Effect of an nomination opportunities that go release transactions to obtain firm Intra-Day Schedule on Pipelines Using beyond those required by the service. Once scheduled, firm Rolling or Continuous Processing of Commission.41 Thus, the Commission nominations to secondary points have Intra-Day Nominations will clarify that the three intra-day the same priority as service to primary Some members of the GISB task force opportunities under the GISB task points so that a shipper obtaining and some of the comments have raised force’s model would be available at all released capacity could not be bumped the question of whether the move to points where nominations are even by a firm intra-day nomination to 37 batch processing of intra-day permitted. a primary point. nominations at certain specific times The Commission has considered C. Proposed Regulations Concerning may result in a degradation of service on whether, in the situation posited, Operational Balancing Agreements and pipelines that currently process intra- pipelines should be required to provide netting and Trading of Imbalances day nominations on a rolling or bumped interruptible shippers with a continuous basis. Koch, for instance, 1. Background further opportunity to reschedule their maintains that, if bumping is permitted gas prior to the 9 a.m. start of the gas In Order No. 587-C, the Commission day. However, given the 11 hour according to the GISB task force’s did not adopt two GISB flowing gas model, it would be forced to reconsider standards relating to operational advance notice, and the interruptible 39 shippers’ ability to reschedule gas at 10 whether to move to a batch process. balancing agreements (OBAs) (Standard a.m., the Commission does not think As the GISB task force points out, the 2.3.29) and netting of imbalances across that pipelines need to provide identification of synchronization times contracts (Standard 2.3.30), because the interruptible shippers with an overnight is not necessarily inconsistent with a pipelines’ obligations under the opportunity to reschedule their gas prior rolling or continuous process. Shippers standards were not clearly defined. to the start of the gas day. Pipelines that want to avail themselves of GISB Standard 2.3.29 states: wishing to provide more certainty for synchronization can time their At a minimum, transportation service interruptible shippers, however, may nominations identically on all providers should enter into Operational provide such a later right if they choose. pipelines. However, if a pipeline and its Balancing Agreements at all pipeline-to- According to the task force report, customers find that the synchronization pipeline (interstate and intrastate) some parties contend that allowing a times along with the requirement that interconnects, where economically and firm intra-day nomination, which firm intra-day nominations can bump operationally feasible. bumps scheduled interruptible service, scheduled interruptible service creates GISB Standard 2.3.30 states: to take effect at 9 a.m. does not provide too much disruption on a rolling or All transportation service providers should an adequate incentive for firm shippers continuous system, the pipeline may allow service requesters (in this instance, to submit timely and reasonably reliable move to conform to the standardized service requester excludes agents) to net nominations at 11:30 a.m. These parties schedule. The efficiency gained by the similarly situated imbalances on and across contend that firm shippers may delay entire industry in being able to contracts with the service requester. In this their nomination, because they can coordinate nominations across the context, ‘‘similarly situated imbalances’’ pipeline grid outweighs any potential includes contracts with the substantially always rely upon their intra-day right to similar financial and operational make a nomination change effective at diminution of service on the pipeline implications to the transportation service the start of gas flow. The Commission using a continuous intra-day provider. does not find this hypothetical concern nomination process. Indeed, it is not The Commission found that standards sufficient to deny firm shippers the right clear how valuable the continuous requiring OBAs and netting of to renominate their supplies to take into process is on a single pipeline, since even if a shipper on that pipeline is account changes in weather or other 40 See Tennessee Gas Pipeline Company, 78 FERC permitted an intra-day change, the ¶ 61,007, at 61,019–20 (1997); Canyon Creek 36 Under the test model, scheduled quantities for shipper will not know whether similar Compression Company, 78 FERC ¶ 61,003 (1997) the 6 p.m. intra-day nomination would be no later coordinating changes will be permitted (cannot restrict intra-day nominations to than 10 p.m., for gas that does not begin to flow on interconnecting pipelines. telemetered points); Trailblazer Pipeline Company, until 9 a.m. the next morning. Compare Tennessee 77 FERC ¶ 61,328 (1996) (cannot restrict intra-day Gas Pipeline Company, 73 FERC ¶ 61,158, at 61,456 nominations to telemetered points). Standard 1.3.11 (1995) (four hours notice). 38 Indeed, under the current standards firm states that intra-day nominations can be used to 37 Pipeline Service Obligations and Revisions to shippers have an incentive to overnominate at the request changes to receipt points or delivery points. Regulations Governing Self-Implementing 11:30 deadline, because they can always reduce 18 CFR 284.10(b)(1)(i), Nominations Related Transportation; and Regulation of Natural Gas their nomination through the intra-day nomination Standards 1.3.11. Pipelines After Partial Wellhead Decontrol, Order process, but may not be able to increase it. 41 See Tennessee, note 40, supra (permitting intra- No. 636–B, 57 FR 57,911 (December 8, 1992), 61 39 Comments of Koch Gateway Pipeline day nominations beyond the minimum required FERC ¶ 61,272, at 62,013. Company, at 3–4 (Sept. 2, 1997). under certain rate schedules). 61466 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules imbalances were important, but that the enter into an OBA with an entity not and the penalties associated with those use of the terms ‘‘economically and regulated by the Commission, it can file imbalances, not charges for operationally feasible’’ and ‘‘similarly for a waiver of this requirement setting transportation service. situated financial and operational out any operational or other issues that Under this requirement, the pipelines implications’’ did not define precisely have prevented an agreement from being would be required to provide shippers enough the pipelines obligations under consummated. with timely notice of their imbalances the standards. Rather than attempting to and sufficient time to permit shippers to b. Netting and Trading Imbalances deal with the meaning of these terms in execute trades. To facilitate trading, individual pipeline compliance filings, Netting of imbalances refers to the pipelines should post a shipper’s the Commission gave GISB until ability of shippers to offset a positive imbalances if the shipper requests. The September 1, 1997 to clarify the imbalance on one contract with a pipelines would then have to accept and standards. negative imbalance on another contract. process trades provided to them by the According to the GISB report, it While GISB standard 2.3.30 would shippers or shippers’ agents, including initially sent the standards to the permit some netting of imbalances by third-party firms that would conduct interpretations subcommittee which shippers across contracts, it would not imbalance trading for shippers. determined that interpretation would permit shippers’ agents to net Pipelines further would be expected to not be sufficient and that new standards imbalances. As discussed above, the designate in their compliance filings the would have to be developed. The standard also was unclear as to which largest possible areas on their systems in standards were then referred to the contacts could be offset against each which imbalances have similar business practices subcommittee that, other. In addition to this standard, one operational effects and explain, in according to GISB, will not review these of the disputed standards before the detail, why imbalances crossing these issues until its normal rotation deals Commission is whether to permit areas are not sufficiently similar in with contract and flowing gas issues, shippers to trade imbalances amongst operational effect. 45 perhaps by the end of 1997. themselves. Pipelines would not be required to The Commission is proposing to 2. Proposed Regulations establish a computerized system on require pipelines to permit shippers and which trading would take place. The Commission has reviewed these their agents to both offset imbalances Pipelines, however, are free to establish standards in light of Commission accruing on different contracts held by such a system and to assess a separate priorities and policies and has the shippers and to trade imbalances fee for using that system. If a pipeline determined that the Commission needs with other shippers when the does establish its own trading system, it to propose its own standards in these imbalances have similar operational 46 must provide equal and non- areas. In certain respects, the impact on the pipeline. Permitting discriminatory access for shippers shippers to offset and trade imbalances Commission’s proposals go beyond the trading their own imbalances or those in the same operational area allows standards being considered by GISB. using third-party services. shippers to avoid imbalance charges a. OBAs without jeopardizing system reliability. D. Proposed Regulations for Electronic An OBA is a contract between two If one shipper, for instance, incurs an Communication parties that specifies the procedures that overrun and another shipper an 1. Background will be used to manage operating underrun of the same amount, the variances at an interconnect.42 The OBA pipeline is physically in balance For many years, pipelines have specifies how imbalances 43 or between those shippers. Moreover, communicated with their customers differences in hourly flow rates will be permitting shippers to trade imbalances using direct dial up connections to handled by the two parties. An OBA with each other may improve system pipeline Electronic Bulletin Boards increases the efficiency of the grid, reliability because a shipper may be (EBBs). Each pipeline EBB is a because a shipper, which has properly willing, for a fee, to put gas on a system proprietary system, with unique nominated and had its gas confirmed, or take gas off in order to offset software, log-on, and other procedures. will not be held responsible for imbalances incurred by other The uniqueness of each pipeline’s EBB imbalances, resulting from the transfer shippers.47 Since all shippers would be raises costs to shippers across multiple of gas between the pipelines. permitted to trade imbalances under pipelines, since redundant computers Accordingly, the Commission is this proposal, there would be no reason and communication software may have proposing to require interstate pipelines why shippers’ agents should not be able to be maintained and staff must be to enter into OBAs at all interconnecting to trade imbalances among the contracts trained in the idiosyncracies of each points with other interstate and they manage. pipeline’s system. Beginning in 1993, intrastate pipelines.44 These agreements The regulation permits offsets and the Commission has sought to create must be maintained by the pipelines imbalance trades when the imbalances greater standardization in and provided upon request to the have similar operational impact on the communication so that shippers could Commission and any other requesting pipeline operations. The GISB standard reap the efficiencies of using one party. If two interstate pipelines are (2.3.30) also included similar financial standardized method to transact unable to negotiate an acceptable implications to the pipelines. The business with all pipelines. agreement, they can file a request for the Commission cannot discern how The standards developed by GISB so Commission to resolve the disputed pipelines’ legitimate financial interests far, however, do not standardize all the terms. If a pipeline finds itself unable to are implicated, since the offsets and information pipelines are currently trades involve only physical imbalances providing electronically. Pipelines are 42 18 CFR 284.10(b)(1)(ii), Flowing Gas Related continuing to post information and Standards 2.2.1. 45 Appendix B, Disputed Standard No. 85A. conduct many transactions on their 43 An imbalance is a discrepancy between the 46 Proposed regulation 284.10(b)(2)(ii)(B). proprietary EBBs. For instance, GISB quantity of gas a shipper tenders to the pipeline at 47 The fee most likely would not exceed the a receipt point and the amount of gas the shipper imbalance penalty or other costs that the out-of- has not developed standards for takes at a delivery point. balance shipper would incur if the imbalance was communicating offers to release 44 Proposed regulation 284.10(b)(2)(ii)(A). not offset. capacity and bids for capacity over the Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61467

Internet and has not provided standards software and techniques.51 However, invest in developing their own internal to enable shippers to download the pipelines also would be required to communication system can turn to the Index of Customers in the format provide third party, private competitive market for third-party specified by the Commission. communication networks with equal, services to obtain whatever services but not preferential, access to the same they require. 2. Proposed Regulations information and transactions for a b. Proposed Regulations Regarding reasonable connection fee.52 Shippers a. Proposed Requirement That Pipelines Presentation of Information on Pipeline with concerns about the Internet could Provide all Information on the Internet Web Sites Using Internet Tools pay to use these private networks.53 This timetable should give the In Order No. 587–C, the Commission The Commission remains committed pipelines sufficient time to develop the adopted GISB standard 4.3.6 requiring to standardizing all communications needed infrastructure and also gives pipelines to post information for with the pipelines. For shippers to be GISB and the rest of the industry the viewing in HTML format on pipeline able to use the interstate natural gas grid opportunity to further standardize the Internet web sites. The Commission, efficiently, they need to be able to provision of this information. With the however, did not adopt GISB standard transact business across multiple policy question resolved by the 4.3.5, stating that in addition to posting pipelines without having to incur the Commission, GISB can focus the information for viewing on a web added costs and delay attendant to exclusively on developing the needed site, the information should be having to train personnel to use the standards without debate over the downloadable in a GISB specified pipelines’ proprietary EBBs. While the extent of the pipelines’ responsibilities. electronic structure, because GISB had current standards cover some of the By March 31, 1998, the Commission not developed the electronic structure. more important transactions with the requests a report from GISB and the In Version 1.2 of its standards, GISB has pipelines, they still do not remove the industry on their progress in developing included standard 4.3.16 which gives necessity for shippers to deal with needed standards and whether the the pipelines the choice of providing pipeline EBBs. Commission needs to establish downloadable files either in hyper-text In Standard 4.3.6, GISB had stated procedures to assist in standards mark-up language (HTML) or rich-text- that ‘‘all EBB information, functions and development. Regardless of whether format (RTF). The Commission is transactions should be achieved via one standards are developed, however, proposing to adopt the previously mode of communications.’’ 48 In Order pipelines should begin preparing to rejected standard 4.3.5 and new No. 587–E, the Commission requested a make the transition to the public standard 4.3.16. report from GISB by September 1, 1997 Internet. Even without standards, the The Commission, however, is on its progress in completing the ability to conduct transactions using one concerned that merely specifying the standardization of communications, but communication method without the document format for downloading does GISB did not file the requested report. need for different log-on and access not go far enough. There are no In its comments, Koch contends the procedures and different software for standards regarding the use of Commission should not mandate the each pipeline will increase efficiency. passwords for obtaining access to the exclusive use of Internet technologies, Standards can still be developed after public information on the web site or because shippers on single pipelines implementation of the system. the methods by which information will may prefer to use the existing EBBs and The Commission disagrees with Koch be posted and downloaded from the it may be difficult or costly for them to that there is no harm to the retention of web site. For instance, the standards do convert to using the Internet dual systems. Maintenance of dual not require that the information be technologies. Koch points out that third- systems not only drains resources and searchable on line. A pipeline, party service providers can assist those talent from developing an efficient therefore, conceivably could post each shippers wanting to conduct business standardized system, it creates an tariff page as an individual HTML with the pipelines in a standardized understandable competitive incentive document without giving users the manner.49 for pipelines to favor their proprietary opportunity to search the entire tariff To prevent such disputes from systems over the standardized system. online for individual words or phrases. slowing the standardization of Overall efficiency will be enhanced if Therefore, the Commission is proposing communications further, the rather than working independently to a regulation that would require Commission is proposing to require develop their own systems, the pipelines to adhere to standards pipelines to provide all electronic pipelines work together with the regarding accessibility to public information and conduct all electronic industry to develop an efficient, user- information, searching and copying of friendly, standardized system that all documentation, and downloading transactions with their customers over 54 the public Internet using only internet shippers can use. Indeed, as Koch capability. The Commission also points out, shippers that do not want to protocols and procedures. Pipelines will requests comments on other possible be expected to comply with this standards to improve users’ ability to 51See Order No. 587, 61 FR at 39065, III FERC access and use this information. regulation by June 1, 1999.50 Stats. & Regs. Regulations Preambles at 30,074 There is a further issue regarding the GISB has considered the security (report of GISB’s Future Technology Task Force); 18 comparability of information between issues affecting the use of the public CFR 284.10(b)(1)(iv), Electronic Delivery Mechanism Related Standards 4.3.15. various sources. Pipelines currently Internet and concluded that security 52 Altra Energy Technologies, L.L.C. refers to provide the names of shippers in the concerns can be adequately addressed these private networks using internet protocols as capacity release information posted on through commercially available extranets. their EBBs. However, in the current 53 The Commission has adopted similar requirements for the electronic OASIS system in the datasets for downloading capacity 48 18 CFR 284.10(b)(1)(iv), Electronic Delivery electric industry. Open Access Same-Time release information, shippers are Mechanism Related Standards 4.3.6. Information System (formerly Real-Time identified only by their assigned Dun & 49 See comments of Koch Gateway Pipeline Information Networks) and Standards of Conduct, Company, at 4–7 (September 2, 1997) (arguing EBBs Order No. 889, 61 FR 21737 (May 10, 1996), FERC Bradstreet numbers and there is no should not be eliminated). Stats. & Regs. Regulations Preambles [Jan. 1991– 50 Proposed regulation 284.10(b)(2)(iii)(A). June 1996] ¶ 31,035, at 31,618–19 (Apr. 24, 1996). 54 Proposed regulation 284.10(b)(2)(iii)(B). 61468 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules available cross-reference table. The use The generic standards proposed here c. Proposed Requirement for of a numeric designation for shipper should not be the end of the process. Notification of OFOs and Critical name is valuable only if it is GISB’s future technology task force Notices Using Internet Posting Along accompanied by a means for users of the recognizes that as additional categories With E-Mail or Notice to URL Addresses information to translate the numeric of information are posted on web sites, A standard that has been in dispute designation into the company name, so separate standards may need to be concerns the method by which the user can determine who is receiving developed for each category of pipelines communicate operational flow 55 capacity. The easiest solution for this information. GISB also reports that, at orders (OFOs) and other critical notices problem would be for the pipelines to the instance of its Board of Directors, it to shippers.61 OFOs are orders by a provide a cross-reference table between has established a ‘‘Look and Feel’’ team pipeline requiring shippers to take the Dun & Bradstreet numbers and the to develop a consistent and uniform certain actions to alleviate emergency names of releasing and replacement presentation of information on the operational conditions on the pipeline’s shippers consummating capacity release system. The four segments, other than transactions on their systems. If, for any Internet. The Commission urges GISB to continue to work on these standards, the pipelines, supported a standard to reason, pipelines are unable to provide require pipelines to notify affected a cross-reference table using DUNS and looks forward to seeing the resulting proposals. parties of OFOs and critical notices numbers, the industry should either according to the medium chosen by the develop their own numeric designations As an additional matter, the shipper, 24 hour phone, fax, or pager. for shippers or include shipper names Commission is proposing to modify the The pipelines, on the other hand, in the capacity release datasets. data retention requirements related to support only electronic notification In addition, pipelines need to ensure transactions and information provided using a general posting on their EBB or that the content of any information that over the Internet. GISB Standard 4.3.4 Internet web sites. is provided on multiple formats (on provides that transactional data should The pipelines contend requiring EBBs, pipeline web sites, or through EDI be maintained for at least 24 months for individual notice, particularly for formatted files) must be the same audit purposes, but states further that system-wide OFOs or critical notices is regardless of the format. For instance, this requirement should not otherwise far too burdensome and may be unfair.62 the operationally available capacity Given the pipelines’ limited resources to information available from EBBs, modify statutory, regulatory, or contractual record retention provide individual notice, some pipeline web sites, and EDI downloads shippers will receive notice far earlier should have the same content. requirements. GISB did not pass a standard for retention of information than others. Moreover, the pipelines Moreover, when the Commission has maintain that if a shipper fails to receive displayed on Internet web pages. The specified a download format for EBB a telephone or fax transmission, the Commission regulations currently information, the same format should be pipelines have no electronic record that used for downloads from pipeline web require pipelines to maintain electronic it was sent. The shippers maintain that sites. For example, the Commission has data on EBBs for three years and make purely electronic posting on an EBB is specified a download format for the that information available to users in insufficient actual notice, particularly Index of Customers and that format electronic form at a reasonable fee.58 for notices issued after normal business should also be available from the However, the Commission is concerned hours. In addition, at the conference and 56 pipelines’ web site. that three years may not be a sufficient in comments,63 some parties suggested The Commission, therefore, is retention period for the Commission to that posting on the pipeline’s web site proposing a regulation requiring that the adequately monitor industry practices. be supplemented by the use of Internet content of all information provided Accordingly, the Commission is E-mail or notification to a shipper’s electronically must be the same proposing to replace Standard 4.3.4, Internet web address as alternatives for regardless of the electronic form used to with a requirement that pipelines providing telephonic or fax notice to display the data. It also is proposing maintain electronic information shippers. that, if a pipeline uses numerical The Commission concludes this last designations to represent information, displayed or transmitted using the Internet for five years and make that approach has the most merit. Internet E- such as shipper names, a cross-reference mail and notification to a shipper’s between the numeric designation and information available in electronic form for a reasonable fee.59 This regulation Internet address provides the shipper the represented information must be with direct notice without the need to would require public disclosure only of available to users, at a cost no higher monitor the pipeline’s Internet site. archived information originally than what is necessary to cover Such notice can be automated by the reasonable shipping and handling.57 displayed publicly. Access to archived pipeline so sending the message should confidential business information not create the burdens of individual 55 The user would have to accumulate its own would be provided only to the customer telephonic or fax notification. database of numbers and then attempt to obtain the involved in the transaction, the Automated notice also permits names from Dun & Bradstreet, at a cost. Commission, or as part of discovery 56 The Commission recognizes, however, that simultaneous notice to all shippers, 60 while the pipeline web sites must contain the same procedures. thereby eliminating any potential for information as that posted on an EBB or in the EDI discrimination as to when a shipper datasets, the downloads from the web site should receives notification. Moreover, if a not be in EDI format. 57 Proposed regulation 284.10(b)(2)(iii)(C). This is 58 18 CFR 284.10(a)(2); Pipeline Service 61 the same principle that applies to the acquisition Obligations and Revisions to Regulations Governing Appendix B, Disputed Standard No. 23. of the cross-reference table between the common Self-Implementing Transportation Under Part 284 62 For example, one pipeline representative stated transaction point codes and the pipelines’ of the Commission’s Regulations, Order No. 636–A, that even calling in all available personnel, about 24 people, it took them six hours to contact all individual nomenclature for referring to those 57 FR 36128 (Aug. 12, 1992), III FERC Stats. & Regs. points. Standards For Electronic Bulletin Boards affected parties. Transcript of December 13, 1996 Regulations Preambles ¶ 30,950, at 30,549 (Aug. 3, Required Under Part 284 Of The Commission’s technical conference at 37. 1992). Regulations, Order No. 563–A, 59 FR 23624 (May 63 Comments of American Gas Association, at 11 9, 1994), III FERC Stats. & Regs. Regulations 59 Proposed regulation 284.10(b)(2)(iii)(D). (February 21, 1997); Brooklyn Union Gas Company, Preambles ¶ 30,994, at 31,044–45 (May 2, 1994). 60 18 CFR Part 385, Subpart D. at 1 (February 21, 1997). Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61469 shipper receives notice through Internet upstream and downstream pipelines, transfer services should bear the cost of E-Mail or to a web address, the shipper there is a need to convey information the service.70 can, if it wants, obtain telephonic or about which shipper(s) are delivering Marketers and others 71 contend that pager notice by purchasing the gas to the shipper on the title transfer tracking is related to the commercially available software downstream pipeline. confirmation process and that pipelines packages and services that permit GISB established a title transfer are in the best position to perform this Internet notification to trigger a phone tracking task force to evaluate these service because they already process 64 or a pager. Thus, the Commission is issues and attempt to develop standards nominations and confirmations proposing to require pipelines to post for how title transfer tracking would be electronically. The marketers further OFOs and critical notices on their conducted, with a report due by contend that if the pipelines do not Internet web sites and to provide September of 1997. In its September 2, perform title transfer tracking, the individual notice to shippers, at the 1997 filing, GISB included an interim pipelines may seek to require shippers shipper’s option, either through Internet report by its title transfer tracking task to disclose the string (‘‘daisy chain’’) of E-mail or by a direct notice to a title transfers, so that interconnecting 65 force summarizing its progress. shipper’s Internet address. According to the report, the task force pipelines can confirm the nomination. At the conference, there also was has distilled 13 initially proposed Disclosure of the daisy chain, marketers discussion about the difference between methods for handling title transfers to assert, is anticompetitive because requiring telephone or fax notice for five, which it is still considering. It also marketers would have to disclose to the system-wide or large-scale OFO has identified 13 remaining issues ultimate purchaser the marketer’s raison situations and attempting to reach a relating to title transfer tracking, such as d’etre—the source of the marketer’s small number of shippers by whatever 72 how title transfers are related to reasonably priced gas. They allege that means is necessary in localized and invoicing, pre-determined allocations the purchaser could appropriate this critical situations.66 The Commission (PDAs), and multi-tiered allocations, information for its own benefit in continues to expect that for extremely whether title transfers can have succeeding months by eliminating the critical OFOs limited to only a few imbalances, and how title transfers fit in marketer and buying gas directly from shippers, the pipelines will continue to with intra-day scheduling. the source. make every effort to ensure that the affected shippers are informed. NGC in its September 2, 1997 2. Pipeline Obligations With Respect to comments states that while the title Title Transfer Tracking E. Policies Regarding Title Transfer transfer tracking task force is evaluating Tracking To assist GISB, the Commission will and defining the process, the task force resolve this policy dispute regarding the 1. Background is not addressing the underlying issue of pipelines’ responsibilities to perform whether the pipelines should be Title transfer tracking refers to the title transfer tracking. Pipelines must required to perform the service. NGC accounting for transfers of title to gas at continue to ensure that shippers on claims the extent of the pipelines’ a nomination point when no their systems have title to the gas they responsibility to perform title transfer transportation is involved. Under the intend to ship. To perform this function, tracking is an intractable policy dispute Commission’s policy, shippers must the Commission sees no reason to that only the Commission can resolve. have title to gas in order to transport the require pipelines to establish a gas on a pipeline. Pipelines, therefore, In reviewing the comments filed on computerized title transfer tracking have always had to perform some title this issue, it is evident that there is a service to account for the purchase and transfer tracking to ensure that shippers split between the segments on whether sale of gas between shippers have title to gas. For example, if shipper the pipelines should be responsible for independent of transportation. It is the A on an upstream pipeline transports performing title transfer tracking shipper’s responsibility to furnish the gas to an interconnect with a service. The pipelines contend that transporter with the information needed downstream pipeline and transfers the tracking title exchanges, when no to establish title to gas and its right to gas to shipper B on the downstream physical transportation is occurring, is nominate that gas on the pipeline. GISB pipeline, the pipelines would have to unrelated to transportation service.68 should continue its efforts to develop match those transactions as part of the They maintain that they should not be standards defining the minimum process of confirming the nominations. responsible for performing an information needed for nominations and However, with unbundling and the accounting service for marketers and confirmations. development of a more fluid gas market, others that are seeking to arbitrage in the While the Commission is not transactions at nomination points are volatile gas market. If the Commission proposing that the pipelines be required increasing to a much greater extent. were to require them to perform title to perform title transfer tracking, the Thus, at an interconnect point, there transfer tracking, the pipelines maintain Commission recognizes that some may be multiple transfers of title before that they should be able to collect a shippers have a need for this service. the gas is nominated on the downstream separate charge for the service, rather Pipelines, therefore, may perform title pipeline.67 In order for pipelines to than having it included in their general transfer tracking service and may assess confirm the gas nominated on the transportation rates. LDCs similarly a reasonable, independent fee for the contend that shippers using title transfer service.73 Charging a separate fee for 64 See National Fuel Gas Supply Corporation, 80 services should be required to pay a FERC ¶ 61,403 (1997) (finding Internet notification separate charge.69 Charging a separate 70 18 CFR 284.10(b)(1)(i), Nominations Related sufficient and noting customers’ ability to use such fee, they maintain, is consistent with the Standards 1.1.11. notifications to trigger pagers). 71 Comments of Natural Gas Clearinghouse, at 14 65 Proposed regulation 284.10(b)(2)(iii)(E). GISB principle that the users of title (February 24, 1997); Energy Managers Association, 66 Transcript of December 13, 1996 technical at 9 (February 21, 1997). conference, at 17, 34–36. 68 See Comments of NorAm Gas Transmission 72 Transcript of December 12, 1997 technical 67 Enron Interstate Pipelines refers to these Company and Mississippi River Transmission conference, at 104. transactions as ‘‘title transfer only’’ transactions to Company, at 4 (February 21, 1997). 73 See Trunkline Gas Company, 75 FERC ¶ 61,003 differentiate them from transactions involving title 69 Comments of American Gas Association, at 16 (1996) (approving a separate flat charge for tracking exchange and transportation. (February 21, 1997). Continued 61470 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules such service will help to ensure that F. Commission Policies Regarding the tariff-based rules.’’ 82 For example, if a shippers will use the service only to the Disputed Issues Remaining From the shipper nominates 1,000 MMBtus under point at which the shippers value the December 12–13, 1996 Technical one contract, it can specify how that service more than the price charged. Conference 1,000 will be divided if the full 1,000 Further, shippers should have the MMBtus is not confirmed. The disputed During the standardization process, opportunity to develop their own standard would specifically extend the disputes developed in a number of areas competitive systems for tracking title pipelines’ obligation to support ranking in which the GISB membership was and have the pipeline recognize those across contracts. unable to reach consensus. A number of title transfers in determining whether a Shippers contend this standard is standards were supported by four shipper has title to the gas it seeks to needed to give them the flexibility to segments of the industry, but were not 83 transport. Title transfer services already manage their own gas supplies. They passed by GISB due principally to the are beginning to be offered both by point out that shippers may be shipping opposition of the pipeline segment.78 pipelines and by storage and hub under a variety of contracts, including The pipelines contended that these operators and, if the demand exists, their own firm and interruptible standards are not warranted or that they such services should increase.74 Enron contracts as well as capacity release represented an attempt by the other Interstate Pipelines contend that third- contracts which have their own specific members of the industry to shift costs parties in the competitive market can terms and conditions. They further note onto the pipelines, as the only regulated provide title transfer tracking services, that a capacity release contract may entities.79 In the November 13, 1996 although Enron recognizes that contain a take-or-pay clause in which a NOPR,80 the Commission announced pipelines may need to perform a shipper is required to pay a certain rate that in order to exercise its oversight coordinating role by accepting whether it moves gas or not. To role, Commission staff would hold a confirmations from these third-parties.75 maximize their use of transportation, technical conference on December 12– shippers contend they should be able to The Commission agrees with Enron 13, 1996 to consider these issues. The determine how their transportation is that pipelines must accept title transfer technical conference was to provide allocated among their contracts. confirmations from point operators and further information on those disputed The pipelines are not unified in their third-party service providers, acting as standards so that the Commission could position on this standard. Columbia agents for shippers, on a non- determine whether these standards were Gas/Columbia Gulf support allowing 76 discriminatory basis. Requiring of sufficient importance to the shippers to use rankings across pipelines to accept such confirmations maintenance of an integrated pipeline contracts.84 Enron Interstate Pipelines, from third-parties is consistent with the grid that the pipelines should be however, is concerned about how such Commission’s policy in Order No. 636 required to abide by them. Comments a provision would impact pipelines’ that pipelines need not create market on the technical conference were filed tariff provisions establishing scheduling centers, but must not take actions which on February 21, 1997. priority.85 They ask, for instance, will inhibit the development of such whether a shipper would be able to rank centers.77 The development of third- Three of the disputed standards were 81 an interruptible contract as having a party title transfer tracking services also discussed earlier; the remainder will be discussed below. higher priority than a firm contract. will place competitive pressure on The Commission’s general policy is to pipelines that choose to offer a title 1. Ranking Across Contracts (Disputed allow shippers to manage their gas transfer tracking service and thus help Standard No. 28B) supplies and contracts in ways that are to ensure the pipelines’ rates are the most favorable to them as long as reasonable. Disputed Standard No. 28B states that such management does not affect the With the clarification of the pipelines’ pipelines should permit rankings across operational integrity of the pipeline. role in title transfer tracking, the contracts for the same service requester The pipelines, therefore, should provide Commission expects that GISB should and location, when not in conflict with shippers with the ability to rank gas be able to develop the business practices tariff-based rules. Gas package ranking supplies across their contracts so long as and electronic communication refers to the ability of shippers to the ranking does not adversely affect the standards relating to the confirmation designate the amount of gas that will be operational integrity of the system. process for title transfers. The allocated to particular markets or There are two potential scenarios Commission will provide GISB until customers in the event the shipper’s full identified by the comments: problems March 31, 1998 to submit such nomination is not accepted. The with the shipper’s gas supply resulting standards. Other members of the standards adopted by the Commission in a reduction in a shipper’s industry also may propose standards at already require pipelines to honor nomination; and transportation that time as well. shipper ‘‘rankings when making constraints resulting in the reduction. reductions during the scheduling If the reduction is related to a loss of service) But cf., Williams Natural Gas Company, 79 process when this does not conflict with supply, the Commission sees no reason FERC ¶ 61096 (1997) (rejecting a volumetric, per why shippers should not be able to Dth, fee for title transfer service). 78 See Appendix B. specify the contract under which the gas 74 See Moss Bluff Hub Partners, L.P., 80 FERC ¶ 79 See comments of Interstate Natural Gas should flow. Such a determination is 61,181, at 61,475 (1997); Trunkline Gas Company, Association of America, at 13–18 (February 21, 75 FERC ¶ 61,003 (1996). 1997). 75 Comments of Enron Interstate Pipelines, at 18 80 See Standards For Business Practices of 82 18 CFR 284.10(b)(1)(i), Nominations Related (February 21, 1997). Interstate Natural Gas Pipelines, Notice of Proposed Standards 1.3.23. 76 Title transfer tracking is part of the Rulemaking, 61 FR 58790 (Nov. 19, 1996), IV FERC 83 Comments of Natural Gas Clearinghouse, at 23 confirmation process, because it involves the Stats. & Regs. Proposed Regulations ¶ 32,521 (Nov. (February 24, 1997); Energy Managers Association, confirmation that gas nominated by a shipper will 13, 1996). at 15 (February 21, 1997). be injected into the pipeline’s system. It is no 81 Disputed Standard No. 77A relating to intra- 84 Comments of Columbia Gas Transmission different than a confirmation provided by a day nominations, Disputed Standard 85A relating to Corporation and Columbia Gulf Gas Transmission producer or point operator, who, in fact, may be imbalance trading, and Disputed Standard No. 23 Corporation, at 4 (February 21, 1997). offering a title transfer tracking service of its own. relating to notice of OFO’s. See text accompanying 85 Comments of Enron Interstate Pipelines, at 19 77 18 CFR 284.8(b)(4), 284.9(b)(4) (1997). notes 40, 46, and 61, supra. (February 21, 1997). Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61471 unrelated to any transportation issues of gas, including the wellhead operator is necessary for the gas market to work on the pipeline, since there have been and each producer owner. efficiently, although they do not explain no cuts in transportation. Those supporting multi-tiered why paper pooling is absolutely Even when the reduction is a result of allocations contend that they fit well necessary to achieve this efficiency.94 transportation problems, allowing the with title transfers occurring at the The further contend that pooling is shipper to rank its contracts does not wellhead.89 The pipelines generally necessary to permit pool to pool appear to interfere with pipeline maintain that multi-tiered allocations transfers. The pipelines maintain that scheduling priorities. Suppose a shipper are merely another aspect of title the requests for additional pooling has nominated 100 MMBtus each on transfer tracking and contend that they standards are another aspect of the three contracts, firm primary, capacity should not be required to perform such request that pipelines provide title release secondary, and interruptible, accounting for transactions not transfer tracking services.95 from the same receipt to the same occurring on their systems.90 The current regulations give those The existing standards recognize the delivery point, but the pipeline can benefits of pooling and the pipelines are schedule only the firm primary contract. parties connecting with a pipeline the right to determine how gas is to be required to provide at least one pool for Under normal priority rules, the shipper both receipt and deliveries of gas. Those could receive only the 100 MMBtus of allocated at the interconnection with the pipeline system. The Commission fails advocating paper pooling standards transportation represented by the firm have not provided a sufficient rationale primary contract. However, permitting to see why this right needs to be extended so that pipelines become for these standards at this time. Some the shipper to choose how to assign pipelines currently offer paper pools, those 100 MMBtus among its contracts responsible for maintaining the accounting records for allocations while others offer physical pooling in does not upset the transportation which shippers may have to pay a priority rules. The shipper still would occurring at the well-head or at interconnections not affecting the transportation charge to move gas into receive only the 100 MMBtus the pool. When a pool exists in a rate represented by its firm primary contract pipeline. The request for pipelines to accept multi-tiered allocations appears zone, the charge for shipment in that even if it allocated gas to its secondary zone must be incurred either for capacity release contract. If the shipper to be just another aspect of the request for the pipelines to track all title shipment to the pool or shipment out of had nominated no primary firm the pool. The marketers and producers transportation in this example, it would transfers, and, as discussed above, the Commission does not view title transfer advocating paper pooling do not receive no transportation. provide sufficient justification for Since the business practices standards tracking as the responsibility of the pipelines. The GISB task force has imposing the transportation charge on already require the pipelines to honor the outbound transportation in all shipper rankings, no new standards are recognized that accounting for multi- tiered allocations is another aspect of situations. Moreover, to some extent, the necessary. GISB and the industry should title transfer tracking,91 and GISB argument for paper pooling is connected work on dataset changes, if necessary, to should continue to work on standards to title transfer tracking, because those permit cross-contract ranking. Such that will allow such allocations to be proposing the use of paper pools want standards should be filed by March 31, performed by third-parties. to use pool to pool transfers as a way of 1998 along with the title transfer transferring title. But, as discussed tracking standards. 3. Paper Pooling (Disputed Standard above, the Commission is not requiring Nos. 38A, 38B, 40B) 2. Multi-Tiered Allocations (Disputed pipelines to offer title transfer tracking Standard No. 29) The disputed standards would require service, so there is little reason to pipelines to establish so-called ‘‘paper require all pipelines to permit paper Disputed Standard No. 28 would pools’’ in zones, segments, or rate areas pooling at this time. require pipelines to permit all owners of where shippers can deliver gas without gas to submit a pre-determined an additional transportation charge. The 4. Fuel Reimbursement Standards allocation. A pre-determined allocation disputed standards also would require (Disputed Standard Nos. 44, 49A, 50A, is a set of instructions by owners of gas allocation of imbalances to the pooler or 51A, 54B, 55, 56B, 57B, 58, 59B, 60–65, as to how gas should be allocated among the pooling agreement. 66B, 67, 95A) amongst them when the actual volumes Pooling refers to the aggregation of gas do not match with the scheduled from multiple physical or logical points The current standards have simplified volumes. A pre-determined allocation is to a single physical or logical point.92 and made more uniform the process of not necessary if the pipeline has an providing in-kind fuel reimbursement The current standards require that 96 OBA in effect at a transfer point.86 The shippers be able to both deliver gas from for compressor fuel. These standards standards currently require pipelines to receipt points into at least one pool and provide, in part, that pipelines must accept one tier of allocations from the receive quantities at a delivery point adhere to a standard method for upstream or downstream custody from at least one pool.93 calculating fuel, provide fuel transfer party.87 The standard data Those supporting paper pooling reimbursement percentages at the elements accommodate multi-tiered contend that aggregation of gas supplies beginning of the month, not reject allocations, but pipelines are not nominations for fuel due to differences required to accept or support such 89 Comments of Natural Gas Clearinghouse, of less than 5 Dth, and provide a fuel allocations.88 The dispute is whether Docket No. RM96–1–000, filed October 1, 1996, at pipelines should be required to support 14. 94See comments of Natural Gas Clearinghouse, at 90 multi-tiered allocations from all owners Comments of Enron Interstate Pipelines, at 18 11 (February 24, 1997); Energy Managers (February 21, 1997); Interstate Natural Gas Association, at 10–13 (February 21, 1997). Association of America, at 33 (February 21, 1997). 95 Comments of Enron Interstate Pipelines, at 18 86 18 CFR 284.10(b)(1)(ii), Flowing Gas Related 91 GISB September 2, 1997 filing at Appendix A, (February 21, 1997); Interstate Natural Gas Standards 2.2.3. part 4. Association of America, at 33 (February 21, 1997). 87 18 CFR 284.10(b)(1)(ii), Flowing Gas Related 92 18 CFR 284.10(b)(1)(i), Nominations Related 96 In-kind fuel reimbursement refers to a Standards 2.3.19. Standards 1.2.3. requirement that a customer nominate and put into 88 18 CFR 284.10(b)(1)(ii), Flowing Gas Related 93 18 CFR 284.10(b)(1)(i), Nominations Related the system extra gas to compensate the pipeline for Standards 2.3.25. Standards 1.3.17 and 1.3.18. the gas used by its compressors. 61472 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules matrix for receipt and delivery point percentages and update their computers settlements to forgo the expense of combinations.97 for all pipelines on a set schedule. installing electronic flow measurement The disputed standards would further The Commission also agrees with the devices, which would limit the accuracy standardize in-kind fuel reimbursement pipelines that standardizing alternatives of the pipeline’s operational by requiring that pipelines make fuel to in-kind fuel reimbursement is measurements. premature at this point, since such rate changes prospectively only, that As a general principle, the alternatives are not in widespread use. pipelines can change fuel rates only on Commission’s policy is to determine the Nor is it clear why creating standards six month intervals, and that pipelines penalty category by the data provided to for cash out mechanisms is more will have to true-up fuel rates to actuals the shipper, particularly when the important for fuel reimbursement than periodically and on a prospective basis. pipeline is doing the measurement.101 for the other areas, such as penalties, in A The disputed standards also cover a shipper should be responsible only for number of alternatives to in-kind fuel which cash outs also are employed. It may be worthwhile for the Commission penalty category it reasonably could reimbursement, such as fuel cash-out, have anticipated based on the negotiated sales, and cost of service. At to reexamine standardization of cashout mechanisms as part of a more information provided by the pipeline. the December 12–13, 1996 technical The cash out price, however, should be conference, it was not clear whether comprehensive examination of penalty structures, but that is beyond the scope based on the actual imbalance shippers wanted to mandate that incurred.102 pipelines provide an alternative to in- of this proceeding. kind fuel reimbursement or whether The Commission, however, finds that The Commission does not find that a they simply wanted standards for these pipelines, whether or not they provide generic standard is necessary on this alternatives so that if pipelines choose fuel service, should permit shippers that issue. There appears no compelling to offer an alternative, the shippers do not want to calculate fuel to contract reason to insist on uniformity across all would not be faced with different with third-party agents to provide the pipelines on this issue. As the pipelines implementation methods.98 Some required fuel at the necessary points. point, there may be some circumstances marketers, such as NGC, also want to The pipelines must accept fuel in which the policy is not reasonable ensure that they are able to compete nominations from these third-party and those issues are best handled on a with pipelines in providing fuel service. providers. For those pipelines that do case-by-case basis. provide fuel service, they must allow Pipelines oppose additional III. Information Collection Statement standardization of fuel reimbursement.99 third-parties to provide fuel on a non- The pipelines maintain that they should discriminatory basis. The following collections of not be required to reenter the merchant 5. Penalty Determination (Disputed information contained in this proposed function to buy gas in order to provide Standard No. 88A) rule have been submitted to the Office an alternative to in-kind fuel of Management and Budget (OMB) for Disputed Standard No. 88A would reimbursement. Such a requirement, review under Section 3507(d) of the provide that imbalance penalties would they assert, reverses the unbundling Paperwork Reduction Act of 1995, 44 be based on the lesser of operationally mandate of Order No. 636. They further U.S.C. 3507(d). The Commission solicits provided data or actual data. There is contend that alternatives to in-kind fuel comments on the Commission’s need for some dispute over the meaning of the reimbursement are not yet in this information, whether the standard. While the standard seems to widespread use and that standardization information will have practical utility, contemplate that imbalance penalties of a new service will prevent innovation the accuracy of the provided burden would be calculated based on the lower and creativity in the early stages of estimates, ways to enhance the quality, of the two figures, Natural Gas development. utility, and clarity of the information to Clearinghouse contended at the In the Commission’s view, the case for be collected, and any suggested methods technical conference that the standard including these additional fuel for minimizing respondents’ burden, only applied to the determination of the reimbursement standards has not been including the use of automated penalty category, not to the volumes made at this time. With respect to in- information techniques. The following against which the penalty would be kind fuel reimbursement, there appears burden estimates include the costs of applied.100 For instance, under Natural to be no need to limit pipelines to two complying with GISB’s Version 1.2 Gas Clearinghouse’s reading of the fuel reimbursement changes per year, as standards and the Commission’s standard, if the reported imbalance put the disputed standard would provide. proposed regulations regarding intra- the shipper in the 10% penalty category, Pipelines may have a need to file for day nominations, the use of OBAs at the shipper would pay the penalty further changes, and can file to pipeline interconnects, the trading of associated with that category on the implement such changes when imbalances, and communications using actual imbalance amount, even if the necessary under section 4 of the Natural the Internet. The proposed requirements actual imbalance would have placed the Gas Act. The current standard requiring regarding communication over the shipper in a higher penalty category. pipelines to provide fuel reimbursement Internet build upon the computer Pipelines contend cash-outs for percentages at the beginning of the infrastructure pipelines have already imbalances need to be dealt with on a month provides sufficient notice for created to comply with Order No. 587. case specific basis. Enron Interstate shippers to obtain the correct fuel The burden estimates are primarily Pipelines, for instance, argues that the related to start-up and will not be on- standard is too broad and fails to 97 18 CFR 284.10(b)(1)(i), Nominations Related going costs except for the recordkeeping recognize that in many cases, the Standards 1.3.16, 13.3.28 through 1.3.30. requirement. 98 See transcript of December 13, 1996 technical shipper or point operator, and not the conference at 58. pipeline, is the party with better access 99 See Comments of Columbia Gas/Columbia Gulf, to the data. It maintains, for instance, 101 See Algonquin Gas Transmission Company, 63 at 7 (February 21, 1997); INGAA, at 27 (February FERC ¶ 61,188, at 62,374 (1993); Texas Eastern 21, 1997); Enron Interstate Pipelines, at 25 that pipelines and shippers may agree in Transmission Corporation, 63 FERC ¶ 61,100, at (February 21, 1997); Koch, at 17 (February 21, 61,486 (1993); Transcontinental Gas Pipe Line 1997); Viking, at 4 (February 21, 1997); Williston 100 Transcript of December 12, 1996 technical Corporation, 55 FERC ¶ 61,446, at 62,369 (1991). Basin, at 5 (February 21, 1997). conference at 243. 102 See Texas Eastern, supra note 101, supra. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61473

ESTIMATED ANNUAL BURDEN

No. of re- Data collection No. of sponses per Hours per Total annual respondents respondent response hours

FERC±545 ...... 93 1 58 5,394 FERC±549C ...... 93 1 4,483 416,919

Total Annual Hours for Collection Information Collection Costs: The requirements. It has projected the (Reporting + Recordkeeping, (if Commission seeks comments on the average annualized cost for the total of appropriate)) = 422,313. costs to comply with these 93 respondents to be the following:

FERC±545 FERC±549C Totals

Annualized Capital/Startup Costs ...... $284,303 $21,641,327 $21,192,630 Annualized Costs (Operations & Maintenance) ...... 0 333,321 333,321

Total Annualized Costs ...... 284,303 21,974,648 22,258,951

The Office of Management and requirements will help the Commission Washington, D.C. 20503 [Attention: Budget’s (OMB) regulations 103 require carry out its responsibilities under the Desk Officer for the Federal Energy OMB to approve certain information Natural Gas Act to monitor activities of Regulatory Commission, phone: (202) collection requirements imposed by the natural gas industry to ensure its 395–3087, fax: (202) 395–7285] agency rule. The Commission is competitiveness and to assure the IV. Environmental Analysis submitting notification of this proposed improved efficiency of industry’s rule to OMB. operations. The Commission’s Office of The Commission is required to Title: FERC–545, Gas Pipeline Rates: Pipeline Regulation will use the data in prepare an Environmental Assessment Rate Change (Non-Formal); FERC–549C, rate proceedings to review rate and tariff or an Environmental Impact Statement Standards for Business Practices of changes by natural gas companies for for any action that may have a Interstate Natural Gas Pipelines. the transportation of gas, for general significant adverse effect on the human Action: Proposed collections. industry oversight, and to supplement environment.104 The Commission has OMB Control No: 1902–0154, 1902– the documentation used during the categorically excluded certain actions 0174. Commission’s audit process. from these requirements as not having a Respondents: Business or other for Internal Review: The Commission has significant effect on the human profit, (Interstate natural gas pipelines; 105 reviewed the requirements pertaining to environment. The actions proposed (Not applicable to small business)). business practices and electronic to be taken here fall within categorical Frequency of Responses: One-time exclusions in the Commission’s implementation (business procedures, communication with natural gas interstate pipelines and made a regulations for rules that are clarifying, capital/start-up). corrective, or procedural, for Necessity of the information: This determination that the proposed revisions are necessary to establish a information gathering, analysis, and rule, if implemented, proposes to revise dissemination, and for sales, exchange, the requirements contained in 18 CFR more efficient and integrated pipeline grid. These requirements conform to the and transportation of natural gas that 284.10. These requirements would requires no construction of facilities.106 further the process of standardizing Commission’s plan for efficient information collection, communication, Therefore, an environmental assessment business practices and electronic is unnecessary and has not been and management within the natural gas communications with interstate prepared in this rulemaking. pipelines begun by the Commission in industry. The Commission has assured Order No. 587. Through the adoption of itself, by means of its internal review, V. Regulatory Flexibility Act the regulations proposed in this NOPR, that there is specific, objective support Certification the Commission is seeking to continue for the burden estimates associated with The Regulatory Flexibility Act of 1980 to the process of establishing a more the information requirements. (RFA) 107 generally requires a efficient and integrated interstate Interested persons may obtain description and analysis of final rules pipeline grid. By requiring adherence to information on the reporting that will have significant economic these regulations on an industry-wide requirements by contacting the impact on a substantial number of small basis, the Commission seeks to reduce following: Federal Energy Regulatory entities. The proposed regulations variations in pipeline business practices Commission, 88 First Street, N.E., would impose requirements only on and communication protocols, Washington, D.C. 20426, (Attention: interstate pipelines, which are not small permitting pipelines and their Michael Miller, Division of Information businesses, and, these requirements are, customers to more efficiently obtain Services, Phone: (202) 208–1415, fax: in fact, designed to reduce the difficulty information from and transact business (202) 273–0873, across multiple pipelines. email:[email protected]) 104 Order No. 486, Regulations Implementing the The information collection Comments concerning the collection National Environmental Policy Act, 52 FR 47897 requirements of this proposed rule will of information(s) and the associated (Dec. 17, 1987), FERC Stats. & Regs. Preambles 1986–1990 ¶30,783 (1987). be reported directly to the industry burden estimate(s), should be sent to the 105 18 CFR 380.4. users. The implementation of these data contact listed above and to the Office of 106 See 18 CFR 180.4(a)(2)(ii), 380.4(a)(5), Management and Budget, Office of 3804.(a)(27). 103 5 CFR 1320.11. Information and Regulatory Affairs, 107 5 U.S.C. 601–612. 61474 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules of dealing with pipelines by all By direction of the Commission. Capitol St. NW., Suite 700, Washington, customers, including small businesses. Lois D. Cashell, DC. Accordingly, pursuant to section 605(b) Secretary. (2) An interstate pipeline that of the RFA, the Commission hereby In consideration of the foregoing, the transports gas under subparts B or G of certifies that the regulations proposed Commission proposes to amend Part this part must comply with the herein will not have a significant 284, Chapter I, Title 18, Code of Federal following requirements. adverse impact on a substantial number Regulations, as set forth below. (i) Nominations. A pipeline must of small entities. accord an intra-day nomination PART 284ÐCERTAIN SALES AND submitted by a firm shipper scheduling VI. Comment Procedures TRANSPORTATION OF NATURAL GAS priority over nominated and scheduled UNDER THE NATURAL GAS POLICY volumes for interruptible shippers. An The Commission invites interested ACT OF 1978 AND RELATED interruptible shipper must be provided persons to submit written comments on AUTHORITIES with notice that its scheduled volumes the matters and issues proposed in this are to be reduced. notice to be adopted, including any 1. The authority citation for Part 284 (ii) Flowing Gas. (A) Operational related matters or alternative proposals continues to read as follows: Balancing Agreements. A pipeline must that commenters may wish to discuss. Authority: 15 U.S.C. 717–717w, 3301– enter into Operational Balancing An original and 14 copies of comments 3432; 42 U.S.C 7101–7532; 43 U.S.C 1331– Agreements at all points of must be filed with the Commission no 1356. interconnection between its system and the system of another interstate or later than [insert date 30 days after 2. In section 284.10, paragraph (a)(6) intrastate pipeline. publication in the Federal Register]. is added and paragraph (b) is revised to (B) Netting and Trading of Comments should be submitted to the read as follows: Office of the Secretary, Federal Energy Imbalances. A pipeline must establish Regulatory Commission, 888 First § 284.10 Standards for Pipeline Business provisions permitting shippers and their Street, NE, Washington, DC 20426, and Operations and Communications. agents to offset imbalances accruing on different contracts held by the shipper should refer to Docket No. RM96–1–007. (a) * * * with the pipeline and to trade All written comments will be placed in (6) A pipeline’s obligation to provide imbalances with other shippers where the Commission’s public files and will information pursuant to this paragraph will terminate when all relevant such imbalances have similar be available for inspection in the operational impact on the pipeline’s Commission’s Public Reference Room at information is provided pursuant to paragraph (b)(2)(iii)(A) of this section. system. 888 First Street, NE, Washington, DC (iii) Communication Protocols. (A)(1) 20426, during regular business hours. (b) Business Practices and Electronic Communication Standards. (1)(i) An All electronic information provided and Additionally, comments should be interstate pipeline that transports gas electronic transactions conducted by a submitted electronically. Commenters under subparts B or G of this part must pipeline must be provided on the public are encouraged to file comments using comply with the following business Internet. A pipeline must provide, upon Internet E-Mail. Comments should be practice and electronic communication request, private network connections submitted through the Internet by E- standards promulgated by the Gas using internet tools, internet directory Mail to [email protected] in the Industry Standards Board, which are services, and internet communication following format: on the subject line, incorporated herein by reference: protocols and must provide these specify Docket No. RM96–1–007; in the (A) Nominations Related Standards networks with non-discriminatory body of the E-Mail message, specify the (Version 1.2, July 31, 1997), with the access to all electronic information. A name of the filing entity and the name, exception of Standard 1.3.32; pipeline may charge a reasonable fee to recover the costs of providing such an telephone number and E-Mail address of (B) Flowing Gas Related Standards interconnection. a contact person; and attach the (Version 1.2, July 31, 1997), with the (2) A pipeline must implement this comment in WordPerfect’’ 6.1 or lower exception of Standards 2.3.29 and requirement no later than June 1, 1999. format or in ASCII format as an 2.3.30; (B) A pipeline must comply with the attachment to the E-Mail message. The (C) Invoicing Related Standards following requirements for documents Commission will send a reply to the E- (Version 1.2, July 31, 1997); constituting public information posted Mail to acknowledge receipt. Questions (D) Electronic Delivery Mechanism on the pipeline web site: or comments on electronic filing using Related Standards (Version 1.2, July 31, (1) The documents must be accessible Internet E-Mail should be directed to 1997), with the exception of Standard to the public over the public Internet Marvin Rosenberg at 202-208–1283, E- 4.3.4; and using commercially available web Mail address (E) Capacity Release Related browsers, without imposition of a [email protected]. Standards (Version 1.2, July 31, 1997). password or other access requirement; (ii) This incorporation by reference Commenters also can submit (2) Users must be able to search an was approved by the Director of the comments on computer diskette in entire document online for selected Federal Register in accordance with 5 WordPerfect 6.1 or lower format or in words and users must be able to copy U.S.C. 552(a) and 1 CFR Part 51. Copies ASCII format, with the name of the filer selected portions of the documents; and of these standards may be obtained from (3) Documents on the web site should and Docket No. RM96–1–007 on the the Gas Industry Standards Board, 1100 be directly downloadable without the outside of the diskette. Louisiana, Suite 4925, Houston, TX need for users to first view the List of Subjects in 18 CFR Part 284 77002. Copies may be inspected at the documents on the web site. Federal Energy Regulatory Commission, (C) A pipeline must provide the same Continental shelf, Natural gas, Public Reference and Files Maintenance content for all information regardless of Reporting and recordkeeping Branch, 888 First Street NE., the electronic format in which it is requirements; Incorporation by Washington, DC 20426 and at the Office provided. If a pipeline uses a numeric reference. of the Federal Register, 800 North or other designation to represent Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61475 information, an electronic cross- transactions conducted electronically notices in either of the following ways reference table between the numeric or under this section. The pipeline must to be chosen by the affected party: other designation and the information make this archived information Internet E-Mail or direct notification to represented must be available to users, available in electronic form for a the parties’ Internet URL address. at a cost not to exceed reasonable reasonable fee. Note—The following appendices will shipping and handling. (E) A pipeline must post operational (D) A pipeline must maintain for a flow orders, critical periods, and critical not appear in the Code of Federal period of five years electronic records of notices on their Internet web site and Regulations. the information displayed and must notify affected parties of such

APPENDIX A.ÐCOMMENTS ON DECEMBER 12±13, 1996, TECHNICAL CONFERENCE

Commenter Abbreviation

Altra Energy Technologies, L.L.C...... Altra. American Gas Association ...... AGA. ANR Pipeline Company and Colorado Interstate Gas Company ...... ANR/CIG. Arizona Public Service Company and Salt River Project Agricultural Improvement and Power District ...... APS/SRP. The Brooklyn Union Gas Company ...... Brooklyn Union. Columbia Gas Transmission Corporation and Columbia Gulf Transmission Corporation ...... Columbia Gas/Columbia Gulf. El Paso Natural Gas Company ...... El Paso. Energy Managers Association ...... EMA. Enron Capital & Trade Resources Corporation ...... Enron Capital and Trade. Enron Interstate Pipelines (Northern Natural Gas Company, Transwestern Pipeline Company, Florida Gas Enron Interstate Pipelines. Transmission Company, and Black Marlin Pipeline Company). Florida Power & Light Company ...... FPL. Interstate Natural Gas Association of America ...... INGAA. Koch Gateway Pipeline Company ...... Koch. National Fuel Gas Distribution Corporation ...... National Fuel Distribution. Natural Gas Clearinghouse ...... NGC. Natural Gas Pipeline Company of America ...... NGPL. Natural Gas Supply Association ...... NGSA. NorAm Gas Transmission Company and Mississippi River Transmission Corporation ...... NGT/MRT. Northwest Industrial Gas Users ...... NWIGU. NrG Information Services Inc...... NrG. Pacific Gas and Electric Company ...... PG&E. The Peoples Gas Light and Coke Company and North Shore Gas Company ...... Peoples/North Shore. Producers Energy Marketing, LLC and Independent Petroleum Association of America ...... ProEnergy/IPAA. TransCapacity Limited Partnership ...... TransCapacity. Viking Gas Transmission Company ...... Viking. Williston Basin Interstate Pipeline Company ...... Williston.

Appendix B.—Proposed GISB If a PDA is not submitted, the service does not preclude service providers from Standards Defeated By One Industry provider’s default should be used. offering other options. The choice of fuel Segment reimbursement method(s) is subject to Pooling regulatory procedures, where applicable. Operational Flow Orders Proposed Standard No. 38A To the extent Proposed Standard No. 49A For in-kind operationally compatible with Transportation Proposed Standard No. 23 Declaration of fuel reimbursement methods, fuel rates can Service Provider operations and not to their change on six month intervals, on April 1 operational flow orders, critical periods, and/ economic detriment, paper pool(s) should be and October 1. or critical notices should be transmitted to created on each pipeline. Pools should be Proposed Standard No. 50A For in-kind the affected trading parties. Trading parties created so that gas which is already in the fuel reimbursement and except where pre- should keep the transportation service zone, segment or rate area (as applicable) September 30, 1996 settlements provide providers apprised of the specific locations where the pool is located can be placed in otherwise, fuel rates will have a true-up to for this transmittal. These locations are 24 the pool without transportation. actual fuel periodically on a prospective hour phone, fax, and/or pager. The Proposed Standard No. 38B To the extent basis. communication should contain, by reference, operationally compatible with Transportation Proposed Standard No. 51A For in-kind specific tariff provision(s) that is (are) Service Provider operations and not to their fuel reimbursement methods, fuel rates applicable to each situation being declared. economic detriment, logical pool(s) should changes should be made prospectively. be created on each pipeline. Proposed Standard No. 54B Other than Gas Package Rankings Proposed Standard No. 40B Any situations where regulatory agencies require Proposed Standard No. 28B Applicable differences between a Aggregator’s (pooler’s) cost of service to be the only option rankings should be permitted across scheduled quantities and allocated quantities provided, the rate for cost of service provided at locations for its pool should be allocated fuel should be stated separately. contracts for the same service requester and to the pooler, or the pooling agreement. Proposed Standard No. 55 For cost of location, when not in conflict with tariff- Aggregators (poolers) should be responsible service as the fuel reimbursement method, based rules. for managing the imbalances created by the rate for cost of service provided fuel Multi-Tiered Allocations variances with their scheduled quantities. should be collected as a variable charge. Proposed Standard No. 56B No party Proposed Standard No. 29 All owners of Fuel Reimbursement should be advantaged or disadvantaged in gas submitting nominations or confirmations Proposed Standard No. 44 Defining the offering or use of a service by virtue of should be able to submit a predetermined standards for administering the following any costs to provide that service being allocation (PDA). Gas should be allocated fuel reimbursement options: in-kind, fuel administered via regulatory proceedings for based on the PDA submitted by the owner. cash-out, negotiated sales and cost of service unassociated services. 61476 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules

Proposed Standard No. 57B Fuel OBAs and Imbalances the Office of Information and Regulatory encompasses, but is not limited to, the energy Proposed Standard No. 85A All Affairs, Office of Management and consumed in providing the transportation transportation service providers who have Budget (OMB), New Executive Office service (i.e. natural gas, fuel oil, propane, sufficient system storage should allow Bldg., 725 17th St. NW., rm. 10235, electricity) and lost and unaccounted for gas. service requesters (in this instance, service Washington, DC 20503, ATTN: Desk Proposed Standard No. 58 For cash-out as requester excludes agents) to net similarly Officer for FDA. the fuel reimbursement method, Service situated imbalances on and across contracts Requester should notify Service Provider of with the transportation service provider FOR FURTHER INFORMATION CONTACT: its election to exercise the cash-out option for among themselves. In this context, ‘‘similarly Ellen M. Anderson, Center for Food fuel one day prior to the close of the NYMEX situated imbalances’’ includes contracts with Safety and Applied Nutrition (HFS– natural gas futures trading for the next the substantially similar financial and 165), Food and Drug Administration, calendar month. operational implications to the transportation 200 C St. SW., Washington, DC 20204, Proposed Standard No. 59B Where cash- service provider. 202–205–5662. out, as a fuel reimbursement method, is Proposed Standard No. 88A Imbalance SUPPLEMENTARY INFORMATION: offered as an option by a Service Provider, penalties should be based on the lesser of the the Service Requester should notify Service imbalance penalties based on operationally I. Background Provider of its election to exercise the cash- provided measurement/allocated data and actual measurement/allocated data. In the Federal Register of July 19, out option for fuel one day prior to the close 1990 (55 FR 29517), FDA proposed of the NYMEX natural gas futures trading for [FR Doc. 97–30233 Filed 11–17–97; 8:45 am] the next calendar month. standard serving sizes for 159 food BILLING CODE 6717±01±P Proposed Standard No. 60 Fuel Cash-out product categories based on the amount options should be exercised for a minimum of food commonly consumed per eating of one calendar month. occasion by infants, toddlers (children Proposed Standard No. 61 Fuel Cash-out DEPARTMENT OF HEALTH AND under 4 years of age), and the general quantities should be determined by HUMAN SERVICES population (persons 4 years of age or multiplying allocated receipts by fuel older). FDA did not suggest any specific percentages as stated in the tariff or Food and Drug Administration serving size for baking soda, baking applicable contract(s). powder, or pectin at that time. Proposed Standard No. 62 Fuel Cash-out 21 CFR Part 101 On November 8, 1990, before FDA price should be an established commodity [Docket No. 94P±0240] issued a final rule on serving sizes, market price (i.e. index or competitive bid) Congress passed the Nutrition Labeling in rate area, zone or segment of the activity, Food Labeling; Serving Sizes; and Education Act of 1990 (hereinafter or be based on the same fuel cash-out index Reference Amount for Baking Powder, used for imbalances. referred to as ‘‘the 1990 amendments’’). Proposed Standard No. 63 The fuel cash- Baking Soda, Pectin Section 2a of the 1990 amendments out value (fuel quantities times fuel cash-out added section 403(q)(1)(A)(i) of the AGENCY: price) should be separately stated on the Food and Drug Administration, Federal Food, Drug, and Cosmetic Act invoice for the related activity. HHS. (the act) (21 U.S.C. 343(q)(1)(A)(i)) to Proposed Standard No. 64 If fuel cash-out ACTION: Proposed rule. require that virtually all foods under price is index-based, the determination of the FDA’s jurisdiction bear nutrition applicable indices should based on the SUMMARY: The Food and Drug information that is based on a serving approved tariff provisions or applicable Administration (FDA) is proposing to size which reflects the amount of food contract(s). amend the nutrition labeling regulations that is customarily consumed and Proposed Standard No. 65 If fuel cash-out to change the reference amount which is expressed in a common price is other than index-based, the Service customarily consumed per eating household measure that is appropriate Provider should post that price three days occasion for the food category ‘‘baking prior to the close of the NYMEX natural gas to the food. Section 2(b)(1)(B) of the powder, baking soda, pectin’’ from 1 1990 amendments also directed FDA to futures trading for the next calendar month. gram (g) to 0.6 g to more accurately Proposed Standard No. 66B There should adopt regulations that establish reflect the amount of these products that be no cross-subsidization by Service standards for defining serving sizes. Providers of fuel provision service(s) by is customarily consumed. The agency is In response to the 1990 amendments, transportation service(s) when both fuel also proposing to include 1/8 teaspoon among other actions, FDA issued a provision services and transportation (tsp) as an additional allowable reproposal on serving sizes (56 FR services are provided by the service provider. household measure because it is a 60394, November 27, 1991) and asked Proposed Standard No. 67 Negotiated common household measure available for comments on all proposed reference fuel gas sales are sales of gas by the service to consumers. The agency is proposing amounts. In response to a notice of provider for the use of the service requester this action in response to a petition filed public meeting, the agency received as fuel for its transportation transaction. The by Arm & Hammer. suggestions recommending a serving price and terms and conditions applicable to DATES: Submit written comments by the sales transaction should be negotiated size of ‘‘1 tablespoon’’ for baking between the transportation service provider February 2, 1998. See section IV of this powder, ‘‘1 teaspoon’’ for pectin, and no and the service requester. document for the proposed effective recommendation for baking soda. No Proposed Standard No. 95A If negotiated date of a final rule based on this consumption data were provided for fuel gas sales are offered, all transportation document. Submit written comments on any of the three products (Ref. 1)1. In the terms, conditions applicable to fuel sales the collection of information service should be specified in the requirements by December 18, 1997. 1 In this document, the agency is citing relevant transportation service providers tariff, if ADDRESSES: Submit written comments material to baking powder, soda, and pectin that applicable. originally appeared in Ref. 2 to the reproposal on to the Dockets Management Branch serving sizes that appeared in the Federal Register Intraday Nominations (HFA–305), Food and Drug of November 27, 1991 (56 FR 60394), and Ref. 66 Administration, 12420 Parklawn Dr., to the final rule on serving sizes that appeared in Proposed Standard No. 77A Intraday rm. 1–23, Rockville, MD 20857. the Federal Register of January 6, 1993 (58 FR 2229 nominations should be allowed at all at 2296). (See Docket No. 90N–0165.) For the nominatable receipt and delivery points and Submit written comments on the convenience of the reader the materials are at pooling points. information collection requirements to contained in ‘‘Ref. 1’’ of this document. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61477 reproposal, FDA proposed a reference for the agency’s action on the petition included in the 1987 to 1988 USDA amount customarily consumed per and for the proposed changes follows: Recipe File (Ref. 1). Therefore, the eating occasion (hereinafter referred to III. Basis for the Proposed Action consumption of baking soda cannot be as ‘‘reference amount’’) of 1 g for based upon the amount of baking soda ‘‘Baking powder, baking soda, pectin’’ A. Consideration of an Additional contained in baking powder. (56 FR 60394 at 60419), stating that, Household Measure Second, the reference amounts although no appropriate food Based on information provided in the consumption data were available, the provided for baked goods (e.g., biscuits, petition and on an informal survey of cornbread, muffins, quick breads, cakes, agency tentatively concluded that 1 g the marketplace (Ref. 1), FDA agrees was reasonable for the product category and cookies) are for the finished product with the petitioner that 1/8-tsp (i.e., ‘‘baked’’) (§ 101.12(b), footnote 2 in (Ref. 1). measuring spoons are now available to Tables 1 and 2) and thus take into The agency received no comments on consumers. FDA located a set of account changes in weight during the proposed reference amount for measuring spoons that included a 1/8- baking powder, baking soda, and pectin. tsp measure and an adjustable baking. To determine the amount of In the absence of data supporting a measuring spoon that could be varied to baking soda contained in one reference different reference amount, FDA measure volumes from 1/8 to 1 tsp (Ref. amount of finished product, it is concluded, in its final rule on serving 1). Therefore, for products that can be necessary to consider the weight of the sizes, that 1 g was the appropriate measured in fractions of a teaspoon, the ingredient (i.e., baking soda) as a reference amount for all products within agency is proposing to amend proportion of the weight of the finished this category (58 FR 2229 at 2296, § 101.9(b)(5)(i) (21 CFR 101.9(b)(5)(i)) to product (e.g., cake) rather than as a January 6, 1993). include 1/8 tsp as an additional proportion of the weight of the raw II. The Petition allowable household measure. FDA is ingredients (e.g., cake batter) because FDA received a petition dated June also proposing to reorganize this section the reference amounts of baked goods 23, 1994, from Church Dwight Co., Inc., to simplify the options for teaspoon and are for the finished products (e.g., on a on behalf of Arm & Hammer (94P–0240), tablespoon measures and to improve ready-to-serve or almost ready-to-serve requesting that the agency amend clarity. basis) (§ 101.12(b), footnote 2 in Table § 101.12, in Table 2, in paragraph (b), B. Consideration of Revised Reference 2). To account for losses during cooking under ‘‘Miscellaneous Category: Baking Amounts (e.g., moisture), the finished product powder, baking soda, pectin’’ to: (1) weight is determined by applying a Create a separate subcategory for baking 1. Evaluation of the Appropriateness of yield factor to the sum of the weights of soda; (2) establish a reference amount of the Data Supplied for Baking Soda the raw ingredients. Yield factors were ‘‘500 mg’’ for baking soda; and (3) FDA has two concerns with the provided by USDA as part of the Recipe permit a corresponding serving size of approach to determining a reference File (Ref. 1) and represent the final ‘‘1/8 tsp (500 mg).’’ amount for baking soda taken in the weight of the cooked recipe expressed The company provided an estimate of petition. First, for the recipes containing as a percentage of the uncooked weight the average consumption of baking soda baking powder, the petitioner calculated (Ref. 1). The calculations used in the based upon the amount of baking soda the amount of baking soda as a fraction petition were based on the weights of used in nine recipes. Two of the recipes of the amount of baking powder in the the ingredients before baking, not on the recipe. However, baking soda and contained baking soda. For these two weight of the finished product. baking powder are distinct products. recipes, the company calculated the Therefore, although the difference in amount of baking soda based on the The reference amount for baking soda weight before and after baking would be reference amount of the finished must be based on the major intended expected to be small, it is not product. For the seven other recipes that use of baking soda (§ 101.12(a)(7) (21 involved the use of baking powder, the CFR 101.12(a)(7))), not a fraction of the appropriate to rely on the calculations company noted that approximately 30 reference amount of baking powder. provided by the petitioner. percent of baking powder is baking soda The major consumer use of baking The petitioner only supplied and calculated the amount of baking soda is as an ingredient in baked goods, information on the amounts of baking soda as 1/3 of the amount of baking as evidenced by the number of recipes soda contained in two recipes (0.142 g powder, based on the reference amount that provide for the use of baking soda baking soda in one reference amount of of the finished product. The company as an ingredient that are included in chocolate chip cookies, 0.326 g baking reported that the average amount of both the petition (e.g., cookies, muffins) soda in one reference amount of baking soda consumed per reference and in the 1987 to 1988 U.S. buttermilk muffins). As described amount was 261 milligrams (mg), with Department of Agriculture (USDA) previously, these values contain minor a range of 54 to 484 mg. Recipe File (e.g., cornbread, quick calculation errors because they were The company also provided breads, cakes, cookies) (Ref. 1), when based on the sum of the weights of the baking powder is unavailable, baking documentation to support that 1/8 tsp ingredients rather than on the finished, soda mixed with cream of tartar may be measuring spoons are common cooked weights of the cookies and household measures that are available to substituted for baking powder (Ref. 1). muffins. FDA cannot calculate the consumers. However, consumers do not commonly Based on information provided in the use baking soda to make baking powder correct amounts of baking soda petition and on FDA calculations for because: (1) Baking powder is a contained in these two products because products containing baking soda, baking commonly available ingredient, (2) the finished weights were not provided. powder, and pectin, FDA is proposing substitution may not work in all cases The correct values would be expected to to: (1) Include 1/8 tsp as an allowable (Ref. 1), and (3) some recipes include vary only slightly from those provided, household measure; and (2) amend the both baking soda and baking powder as however. Therefore, the limited data reference amount for baking powder, ingredients, e.g., cake and cookie provided suggest that the customary baking soda, and pectin from ‘‘1 gram’’ recipes, included in the petition, and consumption of baking soda is less than to ‘‘0.6 grams.’’ A discussion of the basis quick bread, cake, and cookie recipes, the reference amount of ‘‘1 gram.’’ 61478 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules

2. Calculation of an Estimated Amount g of banana cake. Thus, 0.41 g of baking soda and baking powder. They support of Baking Powder and Baking Soda soda is customarily consumed as part of that a ‘‘0.6 g’’ reference amount, which Customarily Consumed Per Eating the 125 g of banana cake. would result in a serving size Occasion The amounts of baking powder per declaration of ‘‘1/8 tsp,’’ would more reference amount in the 15 products Although the information provided by accurately reflect the amount of baking that contain baking powder ranged from the petition is suggestive, two recipes soda and of baking powder contained in 0.13 g to 1.28 g (Ref. 1). For the 11 are insufficient to support a change in a reference amount of the prepared products containing baking soda, the the reference amount for baking soda. products that contain these foods. amount of baking soda contained ranged To determine whether a change in the from 0.08 g to 1.05 g (Ref. 1). There is 3. Consideration of a Different Reference reference amount for baking soda is considerable overlap in the amounts of Amount for Pectin warranted, FDA independently baking soda and baking powder In the final rule on serving sizes (58 evaluated data for additional products customarily consumed as part of these FR 2229 at 2296), FDA included pectin containing baking soda. The agency also baked good products. in the same product category as baking evaluated data for baking powder, The petitioner requested a soda and baking powder. Because the which currently has the same reference subcategory for baking soda, separate agency is considering a different amount as baking soda. from baking powder and pectin. To reference amount for baking soda and There are no direct consumption data support the creation of a separate baking powder (discussed in sections available on baking soda and baking subcategory for baking soda, the data III.B.1 and B.2 of this document), FDA powder because these products are must demonstrate that the new also reevaluated the appropriateness of consumed as part of baked goods. subcategory of food will be consumed in the 1 g reference amount for pectin. Therefore, to estimate an appropriate amounts that differ enough from the Pectin is an ingredient that is used as reference amount, the agency used a reference amount for the parent category a thickener in the preparation of jams procedure similar to the one it used to to warrant a separate reference amount and jellies. The agency located one jam develop a reference amount for flour, (§ 101.12(h)(11)(i)). The previous recipes recipe (Ref. 1) that gives the yield in a and which it described in the demonstrate that baking soda is not volume measure (cups), making it reproposed rule on serving sizes (Ref. 1). consumed in amounts that differ enough possible to calculate the amount of Because the major use of flour is to from the amounts in which baking pectin per reference amount of prepared make bread, FDA based the reference powder is consumed to warrant a jam (1 tbsp) (Ref. 1). The agency’s amount for flour on the amount separate subcategory. Therefore, the calculation reveals that 1 tbsp of jam contained in one reference amount of agency is denying this aspect of the contains 0.52 g of pectin (Ref. 1). The white bread. The agency rounded the petition. 1987 to 1988 USDA Recipe File (Ref. 1) calculated value down based on Because the serving size is expressed does not contain any recipes for jams or estimates of the amount of flour in common household measures jellies, and FDA does not have any other required to make one reference amount (§ 101.9(b)(7)), FDA calculated the information on pectin. Though limited, of other common products containing weights of baking soda and baking this one recipe supports a reference flour (e.g., cakes and cookies), which are powder that correspond to 1/4 tsp, the amount for pectin closer to 0.6 g than somewhat lower than the amount used smallest household measure currently to the current ‘‘1 gram’’ reference to make bread. permitted (§ 101.9(b)(5)(i)), and to 1/8 amount. FDA requests that interested For baking soda and baking powder, tsp, the household measure suggested persons submit information on the FDA reviewed recipes included in the by the petitioner. The agency used a appropriateness of this reference 1987 to 1988 USDA Recipe File (Ref. 1) standard value of 4.6 g/tsp reported by amount for pectin. and determined that there is no one USDA for the density of baking soda major use of baking soda or baking and baking powder (Ref. 1). C. Proposed Action powder. Therefore, the agency selected To determine whether the current After reviewing the data on baking 20 baked products that are reference amount of 1 g accurately soda and baking powder use as representative of the variety of products reflects the amounts of baking soda and ingredients in various baked goods, and containing baking powder, baking soda, baking powder customarily consumed, after considering the amount of pectin or both (e.g., muffins, cakes, cookies) FDA reviewed the calculated amounts in a reference amount of jam, the agency (Ref. 1). Baking soda is an ingredient in of baking soda and baking powder in the is proposing to change the reference 11 of the recipes, and baking powder is 20 representative baked good products. amount in § 101.12(b), Table 2 for the an ingredient in 15 of the recipes. FDA found that, among the 11 recipes ‘‘Miscellaneous Category: Baking FDA adjusted for moisture losses that contained baking soda, the great powder, baking soda, pectin’’ from ‘‘1 g’’ during baking and calculated the majority (10) of the values for baking to ‘‘0.6 g’’ to better reflect the amounts amounts of baking powder and baking soda clustered around 0.6 g (the weight customarily consumed for these soda contained in a reference amount of of 1/8 tsp), and that for only 1 product products. the various finished, cooked products was the value for baking soda closer to (Ref. 1). FDA considers that these 1.2 g (the weight of 1/4 tsp) than to 0.6 IV. Effective Date calculated amounts indirectly reflect the g (Ref. 1). Of the 15 recipes containing The agency periodically establishes amounts of baking soda and baking baking powder, the agency again found by final rule in the Federal Register powder customarily consumed when a that the great majority of values (12) uniform effective dates for compliance reference amount of one of these clustered around 0.6 g (the weight of 1/ with food labeling requirements (see, finished products is consumed. For 8 tsp), and that only 3 values for baking e.g., the Federal Register of December example, the reference amount for powder were closer to 1.2 g (the weight 27, 1996 (61 FR 68145)). FDA proposes banana cake without icing is 125 g. This of 1/4 tsp) than to 0.6 g (Ref. 1). that any final rule that may issue based amount represents the amount of These data provide significant upon this proposal become effective in banana cake customarily consumed per evidence that the current 1 g reference accordance with a uniform effective eating occasion. FDA determined that amount, which approximates the weight date for compliance with food labeling 0.41 g of baking soda is contained in 125 of 1/4 tsp, is too large for both baking requirements, which is established by Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61479 final rule in the Federal Register and a 1-year compliance period are $600 per adversely affected by this rule. Under which is no sooner than 1 year product, or a total of $39,600. the Regulatory Flexibility Act (5 U.S.C. following publication of any final rule The benefit of this proposed 605), the agency concludes that this based upon this proposal. regulation is that because manufacturers proposed rule will have a significant The final rule would apply to affected will provide information on a serving impact on a substantial number of small products initially introduced or initially size that is more appropriate for baking entities. delivered for introduction into interstate soda, baking powder, and pectin, product labels will provide more C. Compliance Requirements and commerce on or after its effective date. Necessary Skills However, FDA notes that it generally accurate information to consumers. The Regulatory Flexibility Act also encourages industry to comply with VII. Regulatory Flexibility Analysis new labeling regulations as quickly as requires agencies to describe the feasible. Thus, when industry members FDA has examined the economic projected reporting, recordkeeping, and voluntarily change their labels, it is implications of this proposed rule as other compliance requirements of the appropriate that they incorporate any required by the Regulatory Flexibility rule and the type of professional skills new requirements that have been Act (5 U.S.C. 601–612). If a rule has a necessary for preparation of the report published as final regulations up to that significant impact on a substantial or record. Manufacturers of baking soda, time. On the other hand, if any industry number of small entities, the Regulatory baking powder, and pectin will be members can foresee that the proposed Flexibility Act requires agencies to required to amend their labels to reflect effective date will create particular analyze options that would minimize the new serving sizes. Manufacturers problems, they should bring these the economic impact of that rule on must recalculate the reported levels of problems to the agency’s attention in small entities. Under the Regulatory nutrients in the foods based on the new comments on this proposal. Flexibility Act (5 U.S.C. 605(b)), the serving sizes. No further analyses are agency certifies that this proposed rule required, only that the reported amounts V. Environmental Impact will have a significant impact on a are based on the correct serving size. substantial number of small entities. The agency has determined under D. Alternatives 25.32(p) that this action is of a type that A. Estimate and Description of the FDA has examined the following does not individually or cumulatively Small Entities alternatives to the rule that may have a significant effect on the human According to the Regulatory minimize the significant economic environment. Therefore, neither an Flexibility Act, the definition of a small impact on small entities consistent with environmental assessment nor an entity is a business independently stated objectives. environmental impact statement is owned and operated and not dominant required. in its field. The Small Business 1. Exempt Small Entities VI. Executive Order 12866 Analysis Administration has set size standards The agency has adopted an exemption for most business categories through use from mandatory nutrition labeling for FDA has examined the economic of four-digit Standard Industrial low-volume food products of small implications of the proposed rule as Classification codes. For baking powder, businesses in § 101.9(j)(18) (59 FR required by Executive Order 12866. baking soda, and pectin, a business is 11872, March 14, 1994). As of May Executive Order 12866 directs agencies considered small if it has fewer than 500 1997, proposed § 101.9(j)(18) applies to to assess all costs and benefits of employees. manufacturers, packers, distributors, or available regulatory alternatives and, FDA estimates that four of the firms retailers of low volume products, when regulation is necessary, to select producing baking powder, baking soda, defined as fewer than 100,000 units, the regulatory approach which or pectin are small. FDA also estimates produced by firms with fewer than 100 maximizes net benefits (including that each small firm produces two employees. To the extent that baking potential economic, environmental, products which might be relabeled as a powder, baking soda, or pectin products public health and safety effects; result of this rule. are eligible for this exemption, they distributive impacts; and equity). might not require relabeling as a result B. Description of the Impacts Executive Order 12866 classifies a rule of this rule. However, if the products are as significant if it meets any one of a The cost of this rule per small firm currently nutritionally labelled either number of specified conditions, will be $1,200 ($600 x two products). because the label contains nutrient including having an annual effect on the The 95th percentile firm has annual content claims or because the economy of $100 million or adversely sales of $275,000 and one employee. manufacturer has voluntarily labeled affecting in a material way a sector of The costs of the rule as a percentage of the product, then the nutrition facts the economy, competition, or jobs, or if annual sales is 0.4 percent. Return on panel must be correct and the label must it raises novel legal or policy issues. sales for this industry is 8.3 percent for be changed. FDA is uncertain how many FDA finds that this proposed rule is not the upper quartile, 2.9 percent for the firms, if any, can or will take advantage a significant rule as defined by median, and 0.9 percent for the lower of this option. Executive Order 12866. quartile. FDA is uncertain to which This proposed rule will cause the quartile this firm belongs because the 2. Lengthen the Compliance Period labels of baking powder, baking soda, number of employees and annual sales FDA also considered the option of and pectin to be revised. FDA estimates do not imply anything about the providing small entities with a longer that there are 29 firms producing baking profitability of a firm. The costs of this compliance period. If finalized, labels powder, baking soda, or pectin. There rule will be 4.8 percent of profits if this must be changed by the appropriate are 23 baking powder labels, 18 baking firm falls into the upper quartile for the Uniform Compliance Date. Depending soda labels, and 25 fruit pectin labels for industry, 13.8 percent of profits if this on when the final rule publishes, firms a total of 66 labels affected by this rule. is a median firm, and 44.4 percent of will have as little as 1 year or as much On average, the administrative, profits if this firm falls into the lower as 2 years to complete labeling changes. redesign, and inventory disposal costs quartile. Therefore, the smallest 5 Longer compliance periods typically for a labeling change of this type, with percent of affected firms will be result in lower costs because firms can 61480 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules combine mandated label changes with performance of FDA’s functions, information on serving size and on planned changes and because firms including whether the information will servings per container. FDA has also have more opportunity to use up have practical utility; (2) the accuracy of issued regulations in § 101.9(b) that existing labels. A 2-year compliance FDA’s estimate of the burden of the provide that the serving size declared on period would reduce costs to $200 per proposed collection of information, a product label shall be determined firm. including the validity of the from the ‘‘Reference Amounts VIII. The Paperwork Reduction Act of methodology and assumptions used; (3) Customarily Consumed Per Eating 1995 ways to enhance the quality, utility, and Occasion’’ that appear in § 101.12(b). clarity of the information to be The regulations set forth in this This proposed rule contains collected; and (4) ways to minimize the proposed rule would revise the information collection requirements that burden of the collection of information reference amount that is used for are subject to review by OMB under the on respondents, including through the determining the serving sizes for Paperwork Reduction Act of 1995 (44 use of automated collection techniques U.S.C. 3501–3520). The title, packages of baking powder, baking soda, or other forms of information and pectin. As a result, manufacturers description, and respondent description technology. of the information collection and other producers of these products requirements are shown below with an Title: Serving Sizes; Reference would be required to change the serving estimate of the annual reporting and Amount for Baking Powder, Baking sizes and the number of servings per recordkeeping burden. Included in the Soda, Pectin. container that they disclose in the estimate is the time for reviewing Description: Section 403(q)(1)(A) and nutrition facts panel for their products. instructions, searching existing data (q)(1)(B) of the act requires that the label The proposed regulations would also sources, gathering and maintaining the or labeling of a food bear information provide for the use of 1/8 tsp as an data needed, and completing and that provides the serving size that is additional household measure for the reviewing each collection of appropriate to the food and the number disclosure of serving sizes for food information. of servings per container. FDA has products. FDA invites comments on: (1) issued regulations in § 101.9(d)(3) that Description of Respondents: Persons Whether the proposed collection of require the nutrition facts panel on the and businesses, including small information is necessary for the proper label of a food product disclose businesses.

TABLE 1.ÐESTIMATED ANNUAL REPORTING AND RECORDKEEPING BURDEN1

No. of Total No. of Re- Hours per Operating 21 CFR Section Respondents sponses Response Total Hours Costs

101.12(b) 29 66 1 66 $39,600 1 There are no capital or maintenance costs associated with this collection.

FDA believes that the burden IX. Comments authority delegated to the Commissioner associated with the disclosure on the of Food and Drugs, it is proposed that Interested persons may, on or before label of serving size and number of 21 CFR part 101 be amended as follows: February 2, 1998, submit to the Dockets servings that would be required by this Management Branch (address above) proposed rule will be a one-time burden PART 101ÐFOOD LABELING written comments regarding this created by the need for firms to have to proposal. Two copies of any comments 1. The authority citation for 21 CFR change the statement of serving size and are to be submitted, except that part 101 continues to read as follows: number of servings on the labels for individuals may submit one copy. their products. As noted previously, Authority: 15 U.S.C. 1453, 1454, 1455; 21 Comments are to be identified with the FDA estimates that there are 29 firms U.S.C. 321, 331, 342, 343, 348, 371. docket number found in brackets in the producing baking powder (23 labels), 2. Section 101.9 is amended by heading of this document. Received baking soda (18 labels), and pectin (25 revising paragraph (b)(5)(i) to read as comments may be seen in the office labels). FDA estimates that these firms follows: above between 9 a.m. and 4 p.m., will require an average of 1 hour per Monday through Friday. product to comply with the § 101.9 Nutrition labeling of food. requirements of a final rule based on X. References * * * * * this proposal. Further, as noted The following reference has been (b) * * * previously, the proposed rule would placed on public display in the Dockets (5) * * * result in a one-time operating cost of Management Branch (address above) (i) Cups, tablespoons, or teaspoons $39,600. and may be seen by interested persons shall be used wherever possible and In compliance with section 3507(d) of between 9 a.m. and 4 p.m., Monday appropriate except for beverages. For the Paperwork Reduction Act of 1995 through Friday. beverages, a manufacturer may use fluid (44 U.S.C. 3507(d)), the agency has 1. LeGault, Lori A., Susan K. Brecher, and ounces. Cups shall be expressed in 1/4- submitted the information collection Ellen M. Anderson, memorandum to file, or 1/3-cup increments. Tablespoons requirements of the proposed rule to August 20, 1997. shall be expressed as 1, 1 1/3, 1 1/2, 1 2/3, 2, or 3 tablespoons. Teaspoons shall OMB for review. Interested persons are List of Subjects in 21 CFR Part 101 requested to send comments regarding be expressed as 1/8, 1/4, 1/2, 3/4, 1, or information collection by December 18, Food labeling, Nutrition, Reporting 2 teaspoons. 1997, to the Office of Information and and recordkeeping requirements. * * * * * Regulatory Affairs, OMB (address Therefore, under the Federal Food, 3. Section 101.12 is amended in above), ATTN: Desk Officer for FDA. Drug, and Cosmetic Act and under paragraph (b), in Table 2, under the Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61481

‘‘Product category’’ column, under the § 101.12 Reference amounts customarily ‘‘Miscellaneous Category’’ by revising consumed per eating occasion. the entry for ‘‘Baking powder, baking * * * * * soda, pectin’’ to read as follows: (b) * * *

TABLE 2.ÐREFERENCE AMOUNTS CUSTOMARILY CONSUMED PER EATING OCCASION: GENERAL FOOD SUPPLY 1, 2, 3, 4

Product category Reference amount Label statement5

******* Miscellaneous Category: Baking powder, baking soda, pectin ...... 0.6 g ...... ll tsp (llg). ******* 1 These values represent the amount (edible portion) of food customarily consumed per eating occasion and were primarily derived from the 1977±1978 and the 1987±1988 Nationwide Food Consumption Surveys conducted by the U.S. Department of Agriculture. 2 Unless otherwise noted in the Reference Amount column, the reference amounts are for the ready-to-serve or almost ready-to-serve form of the product (i.e, heat and serve, brown and serve). If not listed separately, the reference amount for the unprepared form (e.g., dry mixes; con- centrates; dough; batter; fresh and frozen pasta) is the amount required to make the reference amount of the prepared form. Prepared means prepared for consumption (e.g., cooked). 3 Manufacturers are required to convert the reference amount to the label serving size in a household measure most appropriate to their spe- cific product using the procedures in 21 CFR 101.9(b). 4 Copies of the list of products for each product category are available from the Office of Food Labeling (HFS±150), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 200 C St. SW., Washington, DC 20204. 5 The label statements are meant to provide guidance to manufacturers on the presentation of serving size information on the label, but they are not required. The term ``piece'' is used as a generic description of a discrete unit. Manufacturers should use the description of a unit that is most appropriate for the specific product (e.g., sandwich for sandwiches, cookie for cookies, and bar for ice cream bars). The guidance provided is for the label statement of products in ready-to-serve or almost ready-to-serve form. The guidance does not apply to the products which require further preparation for consumption (e.g., dry mixes, concentrates) unless specifically stated in the product category, reference amount, or label statement column that it is for these forms of the product. For products that require further preparation, manufacturers must determine the label statement following the rules in § 101.9(b) using the reference amount determined according to § 101.12(c).

* * * * * in addition to seeing eye dogs, other postal property, and to clarify certain Dated: October 29, 1997. animals used to assist persons with terms and references in the regulations. William K. Hubbard, disabilities on postal property; prohibit A new prohibition on smoking in the storage of weapons and explosives Associate Commissioner for Policy postal lobbies and offices is proposed to Coordination. on postal property except for official address the health concerns of postal purposes; clarify the meaning of terms; [FR Doc. 97–30272 Filed 11–17–97; 8:45 am] customers and employees. The reasons change references to other postal BILLING CODE 4160±01±F for this prohibition are that the Surgeon directives; and provide that persons General has reported on the dangers to designated by the Chief Postal Inspector human health from smoking and may also enforce Postal Service property POSTAL SERVICE second-hand smoke, the sale of tobacco regulations. products is prohibited in other federal 39 CFR Part 232 DATES: Comments must be received on buildings, the Postal Service has already or before December 18, 1997. banned smoking in postal buildings by Conduct on Postal Service Property ADDRESSES: Written comments should postal employees, and many post offices AGENCY: Postal Service. be mailed or delivered to the have banned smoking in lobbies and ACTION: Proposed rule. Independent Counsel, Postal Inspection other interior areas open to the public. Service, 475 L’Enfant Plaza SW, Room A new prohibition on the soliciting of SUMMARY: This proposed rule will 3411, Washington, DC 20260–2181. signatures on petitions, polls, or surveys amend United States Postal Service FOR FURTHER INFORMATION CONTACT: property regulations to: prohibit on postal property, except as otherwise smoking in postal buildings; prohibit Henry J. Bauman, Independent Counsel, authorized by Postal Service soliciting of signatures on petitions, Postal Inspection Service, (202) 268– regulations, is proposed. The purpose of polls, or surveys on postal property 4415. this restriction is to minimize the except as otherwise authorized by Postal SUPPLEMENTARY INFORMATION: Postal disruption of postal business and to Service regulations; prohibit impeding Service regulations on the conduct of provide unimpeded ingress and egress ingress to or egress from post offices; persons on postal property are of customers and employees to and from add regulations for voter registration published in title 39 of the Code of post offices. Portions of the existing activities on postal property to reflect Federal Regulations (CFR) as part 232. Postal Service conduct regulations have current postal policy; prohibit leafleting, These regulations describe the actions been upheld by the Supreme Court in picketing, demonstrating, public that are either permitted or proscribed, United States v. Kokinda, 497 U.S. 720 assembly, and public address in lobbies the enforcement of these regulations, (1990). The United States Postal Service and other interior areas of postal and the penalties for violations. The was created in order to ensure prompt, buildings open to the pubic; prohibit purpose of this proposed rule is to reliable, and efficient postal services to placement of tables, chairs, freestanding amend these regulations to add new the public in a businesslike manner. It signs or posters, structures, or furniture prohibitions, to add regulations for voter is the Postal Service’s experience that of any type on postal property except as registration activities on postal property, the activities described above are part of postal activities or as otherwise to permit animals used to assist persons generally disruptive to postal business. permitted by these regulations; permit, with disabilities to be brought onto Thus, the Postal Service is prohibiting 61482 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules activities that create significant smoking material) is prohibited in all (vii) Access to the workroom floor is interference with its statutory mandate. postal buildings and office space, prohibited. A new prohibition on leafleting, including service lobbies. (viii) The registration activities are picketing, demonstrating, public * * * * * limited to an appropriate period before assembly, and public address in lobbies Section 232.1(h)(1) introductory text an election. and other interior areas of postal is revised to read as follows: (5) Except as part of postal activities buildings open to the public is (h) * * * or activities associated with those proposed. Such activities are not (1) Soliciting alms and contributions, permitted under paragraph (h)(4) of this prohibited outside postal buildings, as campaigning for election to any public section, no tables, chairs, freestanding long as they do not otherwise violate office, collecting private debts, soliciting signs or posters, structures, or furniture these regulations. It is the Postal and vending for commercial purposes of any type may be placed in postal Service’s experience, however, that such (including, but not limited to, the lobbies or on postal walkways, steps, activities conducted inside postal vending of newspapers and other plazas, lawns or landscaped areas, buildings are generally disruptive to publications), displaying or distributing driveways, parking lots, or other postal operations and impede customers commercial advertising, soliciting exterior spaces. and employees from conducting postal signatures on petitions, polls, or surveys * * * * * transactions. (except as otherwise authorized by 7. Section 232.1(j) is revised to read A new prohibition on the placement Postal Service regulations), and as follows: of tables, chairs, freestanding signs or impeding ingress to or egress from post (j) Dogs and other animals. Dogs and posters, structures, or furniture of any offices are prohibited. These other animals, except those used to type anywhere on postal premises, prohibitions do not apply to: assist persons with disabilities, must not except as part of postal activities or as * * * * * be brought upon postal property for otherwise permitted under these 5. Section 232.1(h)(1)(i) is amended other than official purposes. regulations, is proposed. It is the Postal by adding the phrase ‘‘or nonprofit’’ * * * * * Service’s experience that such activities after the word ‘‘Commercial’’. 8. Section 232.1(1) is revised to read are generally disruptive to postal 6. Section 232.1(h) (3), (4) and (5) are as follows: business and impede customers from added to read as follows: (1) Weapons and explosives. No conducting postal transactions. (h) * * * person while on postal property may List of Subjects in 39 CFR Part 232 (3) Leafleting and distributing carry firearms, other dangerous or literature, picketing, demonstrating, Federal buildings and facilities, deadly weapons, or explosives, either public assembly, and public address, Penalties, Postal Service. openly or concealed, or store the same which are not otherwise prohibited by on postal property, except for official Accordingly, 39 CFR Part 232 is Postal Service regulations, are purposes. proposed to be amended as set forth prohibited in lobbies and other interior below. * * * * * areas of postal buildings open to the 9. Section 232.1(q)(3) is revised to PART 232ÐCONDUCT ON POSTAL public. read as follows: PROPERTY (4) Voter registration. Voter (q) * * * registration may be conducted on postal (3) Postal Inspectors and others 1. The authority citation for part 232 premises only with the approval of the designated by the Chief Postal Inspector is revised to read as follows: postmaster or installation head provided may likewise enforce regulations in this Authority: 18 U.S.C. 13, 3061; 21 U.S.C. that all of the following conditions are section. met: 802, 844; 39 U.S.C. 401, 403(b)(3), 404(a)(7); Stanley F. Mires, 40 U.S.C. 318, 318a, 318b, 318c; Pub. L. 104– (i) The registration must be conducted Chief Counsel, Legislative. 208, 110 Stat. 1060. by government agencies or nonprofit civic league or organizations that [FR Doc. 97–30009 Filed 11–17–97; 8:45 am] 2. Section 232.1(b) is amended by BILLING CODE 7710±12±M revising the phrase ‘‘section 115 of the operate for the promotion of social Domestic Mail Manual’’ to read ‘‘section welfare but do not participate or 274 of the Administrative Support intervene in any political campaign on ENVIRONMENTAL PROTECTION Manual’’. behalf of any candidate or political AGENCY 3. Section 232.1 is amended by party for any public office. (ii) Absolutely no partisan or political revising the heading of paragraph (g) 40 CFR Parts 9, 86, and 89 and designating its existing text as literature may be available, displayed, (g)(1), revising the first sentence of (g)(1) or distributed. This includes [AMS±FRL±5923±3] photographs, cartoons, and other and adding paragraph (g)(2) to read as RIN 2060±AF76 follows: likenesses of elected officials and candidates for public office. Control of Emissions of Air Pollution § 232.1 Conduct on postal property. (iii) The registration is permitted only From Nonroad Diesel Engines * * * * * in those areas of the postal premises (g) Alcoholic beverages, drugs, and regularly open to the public. AGENCY: Environmental Protection smoking. (iv) The registration must not interfere Agency (EPA). (1) A person under the influence of an with the conduct of postal business, ACTION: Proposed rule; extension of alcoholic beverage or any drug that has postal customers, or postal operations. comment period. been defined as a ‘‘controlled (v) The organization conducting the substance’’ may not enter postal voter registration must provide and be SUMMARY: The U.S. Environmental property or operate a motor vehicle on responsible for any equipment and Protection Agency is extending the postal property. * ** supplies. comment period on the Notice of (2) Smoking (defined as having a (vi) Contributions may not be Proposed Rulemaking (NPRM) which lighted cigar, cigarette, pipe, or other solicited. proposes new emission standards for Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules 61483 nonroad diesel engines. The NPRM SUMMARY: EPA recently issued a Notice proposed in the Federal Register on appeared in the Federal Register on of Proposed Rulemaking to reduce August 27, 1997 (62 FR 45369). The 60- September 24, 1997 (62 FR 50152). The regional transport of ozone. As part of day comment period in the proposal public comment period was to end on this rulemaking, EPA is developing a ends October 27, 1997. The comment November 24, 1997. The purpose of this multi-state cap and trade program for period is being reopened until January notice is to extend the comment period large stationary sources. As a way to 5, 1998. A public commenter requested an additional 4 weeks, to end on increase flexibility and maximize cost that the comment period be reopened December 22, 1997. This extension of savings, EPA is offering to administer because of the volume of material that the comment period is provided to such a program. States are encouraged was proposed. The intended effect of allow commenters additional time to to participate in the trading program as this action is to allow the affected respond to the NPRM. a simple and cost-effective strategy for public sufficient time to review and DATES: EPA will accept public meeting their state-wide emission comment on the proposed action. comments on the Notice of Proposed budget requirements. It is anticipated DATES: Comments. The comment period Rulemaking until December 22, 1997. that a model trading rule will be is reopened to January 5, 1998. ADDRESSES: Materials relevant to this included in a supplemental document of proposed rulemaking for the transport Comments must be received on or proposal, including the Draft Regulatory before January 5, 1998. Impact Analysis, are contained in Public rule in early 1998 and will be finalized Docket A–96–40, located at room M– along with the transport rule in ADDRESSES: Comments. Comments 1500, Waterside Mall (ground floor), September 1998. should be submitted (in duplicate, if In order to provide a forum for input U.S. Environmental Protection Agency, possible) to: Air and Radiation Docket on the framework of a model NOX cap 401 M Street, S.W., Washington, DC and Information Center (6102), and trade program, EPA decided to hold 20460. The docket may be inspected Attention Docket No. A–97–12 (see two public workshops. The first from 8:00 a.m. until 5:30 p.m., Monday docket section below), room M–1500, workshop was held in early November; through Friday. The telephone number U.S. Environmental Protection Agency, a variety of comments from States and is (202) 260–7548 and the facsimile 401 M Street, S.W., Washington, D.C. interested participants were received on number is (202) 260–4400. A reasonable 20460. The Agency requests that a the trading program framework. The fee may be charged by EPA for copying second workshop will be held on separate copy also be sent to the person docket materials. December 11, from 9 a.m. to 5 p.m., at listed in the FOR FURTHER INFORMATION Comments on this proposal should be the Washington National Airport Hilton CONTACT SECTION BELOW. sent to Public Docket A–96–40 at the Hotel located at 2399 Jefferson Davis Docket. Docket No. A–97–12, above address. EPA requests that a copy Highway, Arlington Virginia. EPA will containing materials relevant to this of comments also be sent to Alan Stout, use input from these workshops in rulemaking, is available for public U.S. EPA, Engine Programs and developing the model trading rule. inspection and copying between 8:00 Compliance Division, 2565 Plymouth a.m. and 5:30 p.m., Monday through Road, Ann Arbor, MI 48105. FOR FURTHER INFORMATION CONTACT: Stephanie Benkovic in EPA’s Acid Rain Friday, except for Federal holidays, at FOR FURTHER INFORMATION CONTACT: Division (6204J), U.S. Environmental the EPA’s Air and Radiation Docket and Alan Stout, U.S. EPA, Engine Programs Protection Agency, 401 M Street SW, Information Center, Room M–1500, U.S. and Compliance Division, (313) 741– Washington, DC 20460 at (202) 233– Environmental Protection Agency, 401 7805; (313) 741–7816 (fax); 9142. M Street, S.W., Washington, DC 20460; [email protected]. Dated: November 10, 1997. telephone (202) 260–7548. A reasonable Dated: November 10, 1997. Brian J. McLean, fee may be charged for copying. Richard D. Wilson, Director, Acid Rain Division, Office of FOR FURTHER INFORMATION CONTACT: Mr. Acting Assistant Administrator for Air and Atmospheric Programs, Office of Air and Radiation. Foston Curtis, Emission Measurement Radiation. Center (MD–19), Emissions, Monitoring, [FR Doc. 97–30244 Filed 11–17–97; 8:45 am] [FR Doc. 97–30245 Filed 11–17–97; 8:45 am] and Analysis Division, U.S. BILLING CODE 6560±50±P BILLING CODE 6560±50±P Environmental Protection Agency, Research Triangle Park, North Carolina ENVIRONMENTAL PROTECTION 27711, telephone number (919) 541– ENVIRONMENTAL PROTECTION 1063 or at fax number (919) 541–1039. AGENCY AGENCY List of Subjects 40 CFR Part 52 40 CFR Parts 60, 61, and 63 40 CFR Part 60 [FRL±5923±7] [FRL±5922±8] Environmental protection, New RIN 2060±AG21 Acid Rain Program; Notice of Public sources, Test methods and procedures, Workshop on an Emissions Trading Amendments for Testing and Performance specifications, Continuous emission monitors. Program for Oxides of Nitrogen (NOX) Monitoring Provisions AGENCY: Environmental Protection AGENCY: Environmental Protection 40 CFR Part 61 Agency (EPA). Agency (EPA). Environmental protection, Test ACTION: Notice of public workshops on ACTION: Proposed rule; reopening of methods and procedures. a NOX emissions trading program. The public comment period. second workshop will be held on 40 CFR Part 63 SUMMARY: This action reopens the December 11, from 9 a.m. to 5 p.m., at public comment period for the action Environmental protection, Hazardous the Washington National Airport Hilton entitled ‘‘Amendments for Testing and air pollutants, Test methods and Hotel. Monitoring Provisions’’ that was procedures. 61484 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Proposed Rules

Dated: November 10, 1997. Richard D. Wilson, Acting Assistant Administrator. [FR Doc. 97–30241 Filed 11–17–97; 8:45 am] BILLING CODE 6560±50±P 61485

Notices Federal Register Vol. 62, No. 222

Tuesday, November 18, 1997

This section of the FEDERAL REGISTER develop a standard form for the techniques or other forms of information contains documents other than rules or statement of settlement costs to be used technology. Comments may be sent to proposed rules that are applicable to the for all federally related transactions. Tracy Gillin, Regulations and public. Notices of hearings and investigations, Form RD 1940–59 is similar to the Paperwork Management Branch, U.S. committee meetings, agency decisions and HUD–1 Settlement Statement used by Department of Agriculture, Rural rulings, delegations of authority, filing of petitions and applications and agency HUD, the Veterans Administration, and Development, Ag Box 0743, statements of organization and functions are the private mortgage industry, with Washington, DC 20250. All responses to examples of documents appearing in this some minor adaptations acceptable this notice will be summarized and section. under RESPA. included in the request for OMB Form RD 1940–59 is completed by approval. All comments will also Settlement Agents, closing attorneys, become a matter of public record. and title insurance companies DEPARTMENT OF AGRICULTURE Dated: November 12, 1997. performing the closing of RHS loans and Rural Housing Service credit sales used to purchase or Jan Shadburn, refinance Section 502 Housing, Rural Administrator, Rural Housing Service. Farm Service Agency Rental Housing and Farm Labor Dated: November 19, 1997. Notice of Request for Extension of a Housing. It is also completed by the Keith Kelly, Currently Approved Information same parties performing the closing FSA Administrator, Farm Service Agency. Collection Farm Ownership loans and credit sales. [FR Doc. 97–30232 Filed 11–17–97; 8:45 am] The information is collected to provide BILLING CODE 3410±XV±U AGENCY: Rural Housing Service (RHS) the buyer and seller with a statement and Farm Service Agency (FSA), USDA. detailing the actual costs of the ACTION: Proposed collection; comments settlement services involved in certain DEPARTMENT OF AGRICULTURE request. Agency financed real estate transactions. Forest Service SUMMARY: In accordance with the Estimate of Burden: Public reporting Paperwork Reduction Act of 1995, this burden for this collection of information Newspapers Used for Publication of notice announces the Agencies’ is estimated to average 30 minutes per Legal Notice of Appealable Decisions intention to request an extension for a response. for the Northern Region; Idaho, currently approved information Respondents: Settlement Agents, Montana, North Dakota, and Portions collection in support of the Form RD Closing Attorneys, and Title Insurance of South Dakota and Eastern 1940–59, ‘‘Settlement Statement.’’ Companies performing the closing of Washington DATES: Comments on this notice must be Agency loans and credit sales. Estimated Number of Respondents: AGENCY: Forest Service, USDA. received by January 20, 1998 to be 17,000. assured of consideration. ACTION: Notice. Estimated Number of Responses per FOR FURTHER INFORMATION CONTACT: Respondent: 2.41. SUMMARY: This notice lists the Betsy Fletcher, Loan Specialist, Single Estimated Total Annual Burden on newspapers that will be used by all Family Housing Processing Division, Respondents: 20,500 hours. Ranger Districts, Forests, and the RHS, U.S. Department of Agriculture, Copies of this information collection Regional Office of the Northern Region STOP 0783, 1400 Independence Ave. can be obtained from Tracy Gillin, to publish legal notice of all decisions SW., Washington, DC 20250, telephone egulations and Paperwork Management subject to appeal under 36 CFR 215 and (202) 720–1486. Branch, at (202) 690–1065. 217 and to publish notices for public SUPPLEMENTARY INFORMATION: Comments comment and notice of decision subject Title: Form RD 1940–59, ‘‘Settlement Comments are invited on: (a) Whether to the provisions of 36 CFR 215. The Statement.’’ the proposed collection of information intended effect of this action is to OMB Number: 0575–0088. is necessary for the proper performance inform interested members of the public Expiration Date of Approval: March of the functions of the Agencies, which newspapers will be used to 31, 1998. including whether the information will publish legal notices for public Type of Request: Extension of have practical utility; (b) the accuracy of comment or decisions; thereby allowing currently approved information Agencies’ estimate of the burden of the them to receive constructive notice of a collection. proposed collection of information decision, to provide clear evidence of Abstract: The Agencies are requesting including the validity of the timely notice, and to achieve an extension of the OMB clearance for methodology and assumptions used; (c) consistency in administering the Form RD 1940–59, ‘‘Settlement ways to enhance the quality, utility and appeals process. Statement.’’ The Real Estate Settlement clarity of the information to be DATES: Publication of legal notices in Procedures Act (RESPA), as amended, collected; and (d) ways to minimize the the listed newspapers will begin with requires the disclosure of real estate burden of the collection of information decisions subject to appeal that are settlement costs to home buyers and on those who are to respond, including made on or after November 15, 1997. sellers. The Secretary of the Department through the use of appropriate The list of newspapers will remain in of Housing and Urban Development automated, electronic, mechanical, or effect until another notice is published (HUD) was instructed by the RESPA to other technological collection in the Federal Register. 61486 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

FOR FURTHER INFORMATION CONTACT: legal notice section of the newspapers Southern Region Kristine M. Lee; Regional Appeals and listed in the Supplementary Information Regional Forester Decisions Litigation Coordinator, Northern Region; section of this notice. As provided in 36 P.O. Box 7669; Missoula, Montana CFR part 217.5(d), the public shall be Affecting National Forest System lands 59807. Phone: (406) 329–3647. advised through Federal Register in only one state of the 13 states of the The newspapers to be used are as notice, of the principal newspaper to be Southern Region and the follows: utilized for publishing legal notices of Commonwealth of Puerto Rico or only decisions. Newspaper publication of one Ranger District will appear in the Northern Regional Office principal newspaper elected by the notices of decisions is in addition to Regional Forester decisions in Montana: National Forest of that state or Ranger direct notice of decisions to those The Missoulian, Great Falls Tribune, District. and The Billings Gazette. known to be interested in or affected by Regional Forester decisions in Northern a specific decision. The Responsible National Forests in Alabama, Alabama Idaho and Eastern Washington: Official under 36 CFR part 215 gave Forest Supervisor Decisions The Spokesman Review. annual notice in the Federal Register Montgomery Advertiser, published daily Regional Forester decisions in North published on April 29, 1997, of in Montgomery, AL Dakota: Bismarck Tribune. principal newspapers to be utilized for Regional Forester decisions in South publishing notices of proposed actions District Ranger Decisions Dakota: Rapid City Journal. and of decisions subject to appeal under Bankhead Ranger District: Northwest Beaverhead/Deerlodge—Montana 36 CFR part 215. The list of newspapers Alabamian, published weekly Standard. to be used for part 215 notice and (Monday & Thursday) in Haleyville, Bitterroot—Ravalli Republic. decision is corrected. AL Clearwater—Lewiston Morning Tribune. DATES: Use of these newspapers for Conecuh Ranger District: The Andalusia Custer—Billings Gazette (Montana), Star, published daily (Tuesday Bismarck Tribune (North Dakota), purposes of publishing legal notices of decisions subject to appeal under 36 through Saturday) in Andalusia, AL Rapid City Journal (South Dakota). Oakmulgee Ranger District, The CFR part 217 and the use of the Flathead—Daily Interlake. Tuscaloosa News, published daily in corrected newspaper listed under 36 Gallatin—Bozeman Chronicle. Tuscaloosa, AL Helena—Independent Record. CFR part 215 shall begin on or after the Shoal Creek Ranger District: The Idaho Panhandle—Spokesman Review. date of this publication. Anniston Star, published daily in Kootenai—Daily Interlake. FOR FURTHER INFORMATION CONTACT: Jean Anniston, AL Lewis & Clark—Great Falls Tribune. Talladega Ranger District: The Daily Lolo—Missoulian. Paul Kruglewicz, Regional Appeals Coordinator, Southern Region, Planning, Home, published daily in Talladega, Nez Perce—Lewiston Morning Tribune. AL Supplemental notices may be placed 1720 Peachtree Road, NW, Atlanta, Georgia 30367–9102, Phone: 404–347– Tuskegee Ranger District: Tuskegee in any newspaper, but time frames/ News, published weekly (Thursday) 4867. deadlines will be calculated based upon in Tuskegee, AL notices in newspapers of record listed SUPPLEMENTARY INFORMATION: Deciding Caribbean National Forest, Puerto Rico above. Officers in the Southern Region will Dated: November 7, 1997. give legal notice of decisions subject to Forest Supervisor Decisions Kathleen A. McAllister, appeal under 36 CFR part 217 in the El Nuevo Dia, published daily in Deputy Regional Forester. following newspapers which are listed Spanish in San Juan, PR [FR Doc. 97–30199 Filed 11–17–97; 8:45 am] by Forest Service Administrative unit. San Juan Star, published daily in BILLING CODE 3410±11±M Where more than one newspaper is English in San Juan, PR listed for any unit, the first newspaper Chattahoochee-Oconee National Forest, listed is the principal newspaper that Georgia DEPARTMENT OF AGRICULTURE will be utilized for publishing the legal notices of decisions. Additional Forest Supervisor Decisions Forest Service newspapers listed for a particular unit The Times, published daily in Newspapers To Be Used for are those newspapers the Deciding Gainesville, GA Officer expects to use for purposes of Publication of Legal Notice of District Ranger Decisions Appealable Decisions Under 36 CFR providing additional notice. The Part 217 and Corrections Under 36 timeframe for appeal shall be based on Armuchee Ranger District: Walker CFR Part 215 for the Southern Region; the date of publication of the legal Country Messenger, published bi- Alabama, Kentucky, Georgia, notice of the decision in the principal weekly (Wednesday & Friday) in Tennessee, Florida, Louisiana, newspaper. The following newspapers Lafayette, GA Mississippi, Virginia, West Virginia, will be used to provide notice. Toccoa Ranger District: The News Arkansas, Oklahoma, North Carolina, Observer published weekly Southern Region South Carolina, Texas, and Puerto (Wednesday) in Bule Ridge, GA Rico Regional Forester Decisions Brasstown Ranger District: North Georgia News, published weekly AGENCY: Forest Service, USDA. Affecting National Forest System lands (Wednesday) in Blairsville, GA ACTION: Notice and correction. in more than one state of the 13 states Tallulah Ranger District: Clayton of the Southern Region and the Tribune, published weekly SUMMARY: Deciding Officers in the Commonwealth of Puerto Rico. (Thursday) in Clayton, GA Southern Region will publish notice of Chattooga Ranger District: Northeast decisions subject to administrative Atlanta Journal, published daily in Georgian, published weekly appeal under 36 CFR part 217 in the Atlanta, GA. (Tuesday) in Cornelia, GA Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61487

Chieftain & Toccoa Record, published Redbird Ranger District: Manchester James River Ranger District: Virginian weekly (Thursday) in Toccoa, GA Enterprise, published weekly Review, published daily (except White County News & Telegraph, (Thursday) in Manchester, KY Sunday) in Covington, VA published weekly (Thursday) in Deerfield Ranger District: Daily New National Forests in Florida, Florida Cleveland, GA Leader, published daily in Staunton, Cohutta Ranger District: Chatsworth Forest Supervisor Decisions VA Times, published weekly Dry River Ranger District: Daily News (Wednesday) in Chatsworth, GA The Tallahassee Democrat, published daily in Tallahassee, FL Record, published daily (except Oconee Ranger District: Monticello Sunday) in Harrisonburg, VA News, published weekly (Thursday) District Ranger Decisions Blacksburg Ranger District: Roanoke in Monticello, GA Apalachicola Ranger District: The Times, published daily in Roanoke, Cherokee National Forest, Tennessee Liberty Journal, published weekly VA Monroe Watchman, published weekly Forest Supervisor Decisions (Wednesday) in Bristol, FL Lake George Ranger District: The Ocala (Thursday) in Union, WV (only for Knoxville News Sentinel, published Star Banner, published daily in Ocala, those decisions in West VA—notice daily in Knoxville, TN (covering FL will be published in the Roanoke McMinn, Monroe, and Polk Counties) Osceola Ranger District: The Lake City Times and Monroe Watchman.) Johnson City Press, published daily in Reporter, published daily (Monday– Glenwood Ranger District: Roanoke Johnson City, TN (covering Carter, Saturday) in Lake City, FL Times, published daily in Roanoke, Cocke, Greene, Johnson, Sullivan, Seminole Ranger District: The Daily VA Unicoi and Washington Counties) Commercial, published daily in New Castle Ranger District: Roanoke District Ranger Decisions Leesburg, FL Times, published in Roanoke, VA Monroe Watchman, published weekly Ocoee Ranger District: Polk County Wakulla Ranger District: The (Thursday) in Union, WV (only for News, published weekly (Wednesday) Tallahassee Democrat, published those decisions in West VA—notice in Benton, TN daily in Tallahassee, FL Hiwassee Ranger District: Daily Post- will be published in the Roanoke Francis Marion & Sumter National Times and Monroe Watchman.) Athenian, published daily (Monday– Forest, South Carolina Friday) in Athens, TN Mount Rogers National Recreation Area: Tellico Ranger District: Monroe County Forest Supervisor Decisions Bristol Herald Courier, published Advocate, published weekly The State, published daily in Columbia, daily in Bristol, VA (Thursday) in Sweetwater, TN SC Clinch Ranger District: Kingsport-Times Nolichucky Ranger District: Greensville News, published daily in Kingsport, Sun, published daily (Monday– District Ranger Decisions TN Saturday) in Greeneville, TN Enoree Ranger District: Newberry Wythe Ranger District: Southwest Unaka Ranger District: Johnson City Observer, published tri-weekly Virginia Enterprise, published bi- Press, published daily in Johnson (Monday, Wednesday, and Friday) weekly (Wednesday and Saturday) in City, TN Newberry, SC Wytheville, VA Watauga Ranger District: Elizabethton Andrew Pickens Ranger District: Seneca Kisatchie National Forest, Louisiana Star, published daily (Sunday–Friday) Journal and Tribune, published bi- in Elizabethton, TN weekly (Wednesday and Friday) in Forest Supervisor Decisions Daniel Boone National Forest, Seneca, SC Alexandria Daily Town Talk, published Kentucky Long Cane Ranger District: The Augusta daily in Alexandria, LA Chronicle, published daily in Forest Supervisor Decisions Augusta, GA District Ranger Decisions Lexington Herald-Leader, published Wambaw Ranger District: News and Caney Ranger District: Minden Press daily in Lexington, KY Courier, published daily in Herald, published daily in Minden, District Ranger Decisions Charleston, SC LA Witherbee Ranger District: News and Homer Guardian Journal, published Morehead Ranger District: Morehead Courier, published daily in weekly (Wednesday) in Homer, LA News, published bi-weekly (Tuesday Charleston, SC Catahoula Ranger District: Alexandria and Friday) in Morehead, KY Daily Town Talk, published daily in Stanton Ranger District: The Clay City George Washington and Jefferson Alexandria, LA Times, published weekly (Thursday) National Forests, Virginia Colfax Chronicle, published weekly in Stanton, KY Forest Supervisor Decisions Berea Ranger District: Jackson County (Wednesday) in Colfax, LA Sun, published weekly (Thursday) in Roanoke Times, published daily in Evangeline Ranger District: Alexandria McKee, KY Roanoke, VA Daily Town Talk, published daily in Alexandria, LA London Ranger District: The Sentinel- District Ranger Decisions Echo, published tri-weekly (Monday, Kisatchie Ranger District: Natchitoches Wednesday, and Friday) in London, Lee Ranger District: Shenandoah Valley Times, published daily (Tuesday– KY Herald, published weekly Friday and on Sunday) in Somerset Ranger District: (Wednesday) in Woodstock, VA Natchitoches, LA Commonwealth-Journal, published Warm Springs Ranger District: The Vernon Ranger District: Alexandria daily (Sunday through Friday) in Recorder, published weekly Daily Town Talk, published daily in Somerset, KY (Thursday) in Monterey, VA Alexandria, LA Stearns Ranger District: McCreary Pedlar Ranger District: News-Gazette, Winn Ranger District: Winn Parish County Record, published weekly published weekly (Wednesday) in Enterprise, published weekly (Tuesday) in Whitley City, KY Lexington, VA (Wednesday) in Winnfield, LA 61488 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

National Forests in Mississippi, Ouachita National Forest, Arkansas, Natonal Forests and Grasslands in Mississippi Oklahoma Texas, Texas Forest Supervisor Decisions Forest Supervisor Decisions Forest Supervisor Decisions Clarion-Ledger, published daily in Arkansas Democrat-Gazette, published The Lufkin Daily News, published daily Jackson, MS daily in Little Rock, AR in Lufkin, TX District Ranger Decisions District Ranger Decisions District Ranger Decisions Bienville Ranger District: Clarion- Caddo Ranger District: Arkansas Angelina National Forest: The Lufkin Ledger, published daily in Jackson, Democrat-Gazette, published daily in Daily News, published daily in MS Little Rock, AR Lufkin, TX Chicasawhay Ranger District: Clarion- Cold Springs Ranger District: Arkansas Davy Crockett National Forest: The Ledger, published daily in Jackson, Democrat-Gazette, published daily in Lufkin Daily News, published daily in MS Little Rock, AR Delta Ranger District: Clarion-Ledger, Fourche Ranger District: Arkansas Lufkin, TX published daily in Jackson, MS Democrat-Gazette, published daily in Sabine National Forest: The Lufkin De Soto Ranger District: Clarion-Ledger, Little Rock, AR Daily News, published daily in published daily in Jackson, MS Jessieville Ranger District: Arkansas Lufkin, TX Holly Springs Ranger District: Clarion- Democrat-Gazette, published daily in Sam Houston National Forest: The Ledger, published daily in Jackson, Little Rock, AR Courier, published daily in Conroe, MS Mena Ranger District: Arkansas TX Homochitto Ranger District: Clarion- Democrat-Gazette, published daily in Caddo & LBJ National Grasslands: Ledger, published daily in Jackson, Little Rock, AR Denton Record-Chronicle, published MS Oden Ranger District: Arkansas daily in Denton, TX Tombigbee Ranger District: Clarion- Democrat-Gazette, published daily in The Responsible Official under 36 Ledger, published daily in Jackson, Little Rock, AR CFR part 215 gave annual notice in the MS Poteau Ranger District: Arkansas Federal Register published in April 29, Ashe-Erambert Project: Clarion-Ledger, Democrat-Gazette, published daily in 1997, of principal newspapers to be published daily in Jackson, MS Little Rock, AR utilized for publishing notices of Winona Ranger District: Arkansas National Forests in North Carolina, proposed actions and of decisions Democrat-Gazette, published daily in North Carolina subject to appeal under 36 CFR 215. The Little Rock, AR Forest Supervisor Decisions Womble Ranger District: Arkansas list of newspapers to be used for 215 Democrat-Gazette, published daily in notice and decision is corrected as The Asheville Citizen-Times, published follows: daily in Asheville, NC Little Rock, AR Choctaw Ranger District: Tulsa World, Kisatchie National Forest, Louisiana District Ranger Decisions published daily in Tulsa, OK District Ranger Decisions Appalachian Ranger District: The Kiamichi Ranger District: Tulsa World, Asheville Citizen-Times, published published daily in Tulsa, OK Newspaper Changed daily in Asheville, NC Tiak Ranger District: Tulsa World, Vernon Ranger District: Alexandria Cheoah Ranger District: Graham Star, published daily in Tulsa, OK Daily Town Talk, published daily in published weekly (Thursday) in Ozark-St. Francis National Forest: Alexandria, LA Robbinsville, NC Arkansas Croatan Ranger District: The Sun Ozark-St. Francis National Forest: Journal, published weekly (Sunday Forest Supervisor Decisions Arkansas through Friday) in New Bern, NC The Courier, published daily (Sunday District Ranger Decisions Grandfather Ranger District: McDowell through Friday) in Russellville, AR News, published daily in Marion, NC Newspaper Changed Highlands Ranger District: The District Ranger Decisions Buffalo Ranger District: Harrison Highlander, published weekly (May– Sylamore Ranger District: Stone County Daily Times, published daily in Oct Tues & Fri; Oct–April Tues only) Leader, published weekly (Tuesday) Harrison, AR in Highlands, NC in Mountain View, AR Dated: November 7, 1997. The Crossroads Chronicle, published Buffalo Ranger District: Harrison Daily Bruce L. Jewell, weekly (May–Oct Tues & Fri; Oct– Times, published daily in Harrison, Acting Deputy Regional Forester for Natural April Tues only) in Cashiers, NC AR Resources. The Sylva Herald, published weekly on Bayou Ranger District: The Courrier, [FR Doc. 97–30197 Filed 11–17–97; 8:45 am] Thursday in Sylva, NC published daily (Sunday through Pisgah Ranger District: The Asheville Friday) in Russellville, AR BILLING CODE 3410±11±M Citizen-Times, published daily in Pleasant Hill Ranger District: Johnson Asheville, NC County Graphic, published weekly DEPARTMENT OF AGRICULTURE Tusquitee Ranger District: Cherokee (Wednesday) in Clarksville, AR Scout, published weekly (Wednesday) Boston Mountain Ranger District: Natural Resources Conservation in Murphy, NC Southwest Times Record, published Service Uwharrie Ranger District: Montgomery daily in Fort Smith, AR Herald, published weekly Magazine Ranger District: Southwest XCS±56 Plowed Terrace (Wednesday) in Troy, NC Times Record, published daily in Fort Demonstration Project, Cameron and Wayah Ranger District: The Franklin Smith, AR Calcasieu Parishes, LA Press, published bi-weekly St. Francis Ranger District: The Daily (Wednesday and Friday) in Franklin, World, published daily (Sunday AGENCY: Natural Resources NC through Friday) in Helena, AR Conservation Service, USDA. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61489

ACTION: Notice of a finding of no DEPARTMENT OF AGRICULTURE Comments significant impact. Comments are invited on: (a) Whether Rural Housing Service the proposed collection of information SUMMARY: Pursuant to Section 102(2)(C) Notice of Request for Extension of a is necessary for the proper performance of the National Environmental Policy Currently Approved Information of the functions of the Rural Housing Act of 1969; the Council on Collection Service, including whether the Environmental Quality Guidelines (40 information will have practical utility; CFR Part 1500); and the Natural AGENCY: Rural Housing Service (RHS), (b) the accuracy of the Rural Housing Resources Conservation Service USDA. Service’s estimate of the burden of the Guidelines (7 CFR Part 650); the Natural ACTION: Proposed collection; comments proposed collection of information Resources Conservation Service, U.S. requested. including the validity of the Department of Agriculture, gives notice methodology and assumptions used; (c) that an environmental impact statement SUMMARY: In accordance with the ways to enhance the quality, utility and is not being prepared for the Plowed Paperwork Reduction Act of 1995, this clarity of the information to be Terrace Demonstration Project, Cameron notice announces the Rural Housing collected; and (d) ways to minimize the and Calcasieu Parishes, Louisiana. Service’s intention to request an burden of the collection of information extension for a currently approved FOR FURTHER INFORMATION CONTACT: on those who are to respond, including information collection in support of the through the use of appropriate Donald W. Gohmert, State program for 7 CFR part 1944, subpart L, automated, electronic, mechanical, or Conservationist, Natural Resources ‘‘Tenant Grievance and Appeals other technological collection Conservation Service, 3737 Government Procedure.’’ techniques or other forms of information Street, Alexandria, Louisiana 71302; DATES: Comments on this notice must be technology. Comments may be sent to telephone (318) 473–7751. received by January 20, 1998 to be Barbara Williams, Regulations and assured of consideration. SUPPLEMENTARY INFORMATION: The Paperwork Management Branch, U.S. FOR FURTHER INFORMATION CONTACT: environmental assessment of the Department of Agriculture, Rural federally assisted action indicates that Ernest W. Harris, Senior Loan Development, STOP 0743, 1400 the project will not cause significant Specialist, USDA, Rural Housing Independence Avenue, S.W., local, regional, or national impacts on Service, STOP 0782, 1400 Independence Washington, DC 20250. All responses to the environment. As a result of these Avenue, S.W., Washington, D.C. 20250– this notice will be summarized and findings, Donald W. Gohmert, State 0782, Telephone: (202) 720–1613. included in the request for OMB Conservationist, has determined that the SUPPLEMENTARY INFORMATION: approval. All comments will also become a matter of public record. preparation and review of an Title: 7 CFR 1944, Subpart L, ‘‘Tenant environmental impact statement is not Grievance and Appeals Procedure.’’ Dated: November 6, 1997. needed for this project. OMB Number: 0575–0046. Jan E. Shadburn, This is a demonstration project and Expiration Date of Approval: March Administrator, Rural Housing Service. will evaluate potential impacts 31, 1998. [FR Doc. 97–30176 Filed 11–17–97; 8:45 am] attributed to plowed terraces and Type of Request: Extension of the BILLING CODE 3410±XV±U vegetative plantings to be installed in currently approved information shallow open water areas. The project collection. area includes approximately 3,250 acres Abstract: The regulation promulgates DEPARTMENT OF COMMERCE of open water and fragmented marsh. the procedure by which tenants, Project features include the construction cooperative members, and applicants for Submission for OMB Review; of approximately 54,000 linear feet of occupancy may appeal adverse actions Comment Request earthen terraces followed by the by owner/managers of multi-family planting of vegetation on the side slopes housing projects financed by RHS. Such The Department of Commerce (DOC) of the terraces. adverse actions include cases whereby has submitted to the Office of which tenants, cooperative members, or Management and Budget (OMB) for The Notice of a Finding of No applicants have received written notice clearance the following proposal for Significant Impact (FONSI) has been that assistance provided by RHS is being collection of information under forwarded to the Environmental denied, substantially reduced or provisions of the Paperwork Reduction Protection Agency and to various terminated. Act (44 U.S.C. Chapter 35). This federal, state, and local agencies and Estimate of Burden: Public reporting collection has been submitted under the interested parties. A limited number of burden for this information collection is emergency Paperwork Reduction Act copies of the FONSI are available to fill estimated to average .41 hours per procedures. single copy requests at the above response. Agency: Minority Business address. Basic data developed during Respondents: Individuals or Development Agency. the environmental assessment are on households, state or local governments, Title: Competitive Application file and may be reviewed by contacting small businesses or other for-profit. Packages for Funding to Operate Donald W. Gohmert. Estimated Number of Respondents: Technical Assistance Projects (SF–424 No administrative action on 200. and the Evaluation Criteria). implementation of the proposal will be Estimated Number of Responses per Agency Form Number: None. taken until 30 days after the date of this Respondent: 1. OMB Approval Number: 0640–0006. publication in the Federal Register. Estimated Total Annual Burden on Type of Request: Reinstatement, Respondents: 83 hours. without change, of a previously Donald W. Gohmert, Copies of this information collection approved collection for which approval State Conservationist. can be obtained from Barbara Williams, has expired—Emergency Review. [FR Doc. 97–30166 Filed 11–17–97; 8:45 am] Regulations and Paperwork Burden: 12,000 hours annually. BILLING CODE 3410±16±M Management Branch, at (202) 720–9734. Number of Respondents: 180. 61490 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

Avg. Hours per Response: Ranges agencies as needed for the purpose of National Institute of Standards and between 40 and 80 hours. effecting administrative offsets in cases Technology (NIST), to add a reference to Needs and Uses: This collection of where debts are owed by individuals or records of the Technology information is required as it is the organizations to the U.S. Government. Administration, and the Bureau of vehicle through which the Agency This action has been taken to comply Export Administration (BXA), and to presents detailed application with the Debt Collection Improvement delete references to the United States requirements for financial assistance Act of 1996. Travel and Tourism Administration awards to operate its Business EFFECTIVE DATE: This notice will be (USTTA), which has been abolished. Development Centers. These centers adopted without further publication in The system of records is hereby provide business development services, the Federal Register, on December 18, republished as follows: such as financial planning and 1997, unless modified by a subsequent COMMERCE/DEPT±2 marketing advice, to minority notice to incorporate comments entrepreneurs. The collection of this received from the public. Any interested SYSTEM NAME: information is essential to the mission party may submit written comments Accounts Receivable—COMMERCE/ of the Agency, as defined in Executive about the revision to the system of DEPT–2. Order 11625, to provide management records to the contact person listed and technical assistance to minority below on or before December 18, 1997. SYSTEM LOCATION: businesses. ADDRESSES: Department of Commerce, a. For Departmental offices, BEA, ITA, Affective Public: Individuals, Office of Financial Management, 14th and MBDA: Office of Financial businesses or other for-profit and not- Street & Constitution Avenue, NW, Operations and Travel Management, for-profit institutions. Room 6827, Washington, DC 20230. U.S. Department of Commerce, 14th Frequency: Annually. FOR FURTHER INFORMATION CONTACT: Street and Constitution Avenue, NW, Respondent’s Obligation: Required to Washington, DC 20230. obtain a benefit. Charles Yaple at 202–482–1207. b. For NIST (including the OMB Desk Officer: Victoria Baecher- SUPPLEMENTARY INFORMATION: The Technology Administration) and NTIA: Wassmer or Pat Boyd (202) 395–5871. Department of Commerce is amending National Institute of Standards and Copies of the above information Commerce Department System 2: Technology, Office of the Comptroller, collection proposal can be obtained by Accounts Receivable to add that records Administration Building, Gaithersburg, calling or writing Linda Engelmeier, may be disclosed to any other federal Maryland 20899. Departmental Clearance Officer, (202) agency. c. For NOAA and BXA: Office of 482–3272, U.S. Department of —Added under ‘‘Routine use:’’ Budget and Finance, National Oceanic Commerce, Room 5312, 14th and Disclosure of information in this system of and Atmospheric Administration, 14th Constitution Avenue, NW, Washington, records to any other Federal agency as Street and Constitution Avenue, NW, DC 20230. necessary for the purpose of effecting Washington, DC 20230. Written comments and administrative offset against the debtor to d. For PTO: Office of Finance, U.S. recommendations for the proposed recoup a delinquent debt owed to the U.S. Patent and Trademark Office, 2021 information collection should be sent to Government by the debtor. Jefferson Davis Highway, Arlington, Victoria Baecher-Wassmer or Pat Boyd, This change is being made to Virginia 22202. OMB Desk Officer, Room 10202, New implement the Debt Collection e. For CENSUS: Finance Division, Executive Office Building, 725 17th Improvement Act of 1996 (Pub. L. 104– Street, NW, Washington, DC 20503. An Bureau of the Census Federal Building 134, sec. 31001, et seq.). This statutes 3, Washington, DC 20233. emergency approval has been requested requires Federal agencies to minimize by November 19, 1997. f. For NTIS: Accounting Division, the costs of collection of debt owed to National Technical Information Service, Dated: November 12, 1997. the agencies by consolidating debt Springfield, Virginia 22161. collection functions and activities and Linda Engelmeier, g. For EDA: Accounting Division, utilizing interagency teams, and to Departmental Forms Clearance Officer, Office Economic Development Administration, reduce losses arising from debt of Management and Organization. U.S. Department of Commerce, 14th management by requiring proper [FR Doc. 97–30223 Filed 11–17–97; 8:45 am] Street and Constitution Avenue, NW, screening of potential borrowers, BILLING CODE 3510±21±P Washington, DC 20230. aggressive monitoring of all accounts, and sharing of information with and CATEGORIES OF INDIVIDUALS COVERED BY THE DEPARTMENT OF COMMERCE among agencies. The Department of SYSTEM: Commerce intends to participate in an [Docket No. 970411089±7089±01] Debtors owing money to initiative sponsored by the U.S. organizational components identified in Privacy Act of 1974; System of Department of Treasury whereby the a through g above, including employees, Records latter agency will serve as a central former employees, business firms, the collection point for information from general public, and institutions. AGENCY: Department of Commerce. several Federal agencies concerning CATEGORIES OF RECORDS IN THE SYSTEM: ACTION: Notice of Amendment of individuals who owe debts to the Privacy Act System of Records; Government. This routine use permits Name and address; amount owed; COMMERCE/DEPT System 2. disclosure of information from this service to which the amount is owed; system of records to the Department of overpayment or other accounting SUMMARY: The Department of Commerce Treasury, or any other agency that may therefor; and invoice number, if any. gives notice of an amendment to the conduct this activity. system of records under Commerce Other editorial changes have also AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Department System 2. The amendments been incorporated to change an 5 U.S.C. 5701–09; 31 U.S.C. 951–953, adds a routine use for disclosure of outdated reference to the National 4 CFR 102.4, FPMR 101–7; Treasury information in this system to other Bureau of Standards (NBS) to the Fiscal Requirements Manual. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61491

ROUTINE USES OF RECORDS MAINTAINED IN THE For records at location d: Director, provisions of the Department’s rules SYSTEM, INCLUDING CATEGORIES OF USERS AND Office of Finance, U.S. Patent and which appear in 15 CFR part 4b. THE PURPOSES OF SUCH USES: Trademark Office, Washington, DC —Billing debtors, reporting delinquent 20231. RECORD ACCESS PROCEDURES: debts to credit bureaus. For records at location e: Associate Requests from individuals should be —Reporting to Office of Personnel Director for Administration, Bureau of addressed to: Same address as stated in Management for liquidating debts the Census, Federal Building 3, the Notification procedure section from retirement and other benefits. Washington, DC 20233. above. —Disclosure of information from this For records at location f: Chief, CONTESTING RECORD PROCEDURES: system of records may also be made Accounting Division, National The Department’s rules for access, for to commercial contractors (debt Technical Information Service, contesting contents, and appealing collection agencies) for the purpose of Springfield, Virginia 22161. collecting delinquent debts as initial determinations by the individual For records at location g: Chief, concerned appear in 15 CFR part 4b. authorized by the Debt Collection Act Accounting Division, Economic (31 U.S.C. 3718). Same address as stated in the Development Administration, U.S. Notification procedure section above. —Disclosure of information in this Department of Commerce, 14th Street system of records to any other Federal and Constitution Avenue NW, RECORD SOURCE CATEGORIES: agency as necessary for the purpose of Washington, DC 20230. effecting administrative offset against Subject individual, those authorized by the individual to furnish the debtor to recoup a delinquent debt NOTIFICATION PROCEDURE: owed to the U.S. Government by the information, contracting officer as For ITA records at location a, appropriate, accounting records. debtor. information may be obtained from —Disclosures to consumer reporting Director, Office of Management and Dated: November 12, 1997. agencies pursuant to 5 U.S.C. Systems, ITA, U.S. Department of Brenda S. Dolan, 552a(b)(12) may be made from this Commerce, Washington, DC 20230. Department of Commerce, Freedom of system to ‘‘consumer reporting For all others at location a, Information/Privacy Act Officer. agencies’’ as defined in the Fair Credit information may be obtained from: [FR Doc. 97–30221 Filed 11–17–97; 8:45 am] Reporting Act (15 U.S.C. 1681a(f)); Chief, Information Management BILLING CODE 3510±FA±P and the Federal Claims Collection Act Division, Office of Information of 1966 (31 U.S.C. 3701(a)(3)). Resources Management, U.S. —Also, see routine uses 1–5 and 8–13 Department of Commerce, Washington, DEPARTMENT OF COMMERCE of the Prefatory Statement, found at DC 20230. National Institute of Standards and 46 FR 63502, December 31, 1981. For records at location b, information Technology POLICIES AND PRACTICES FOR STORING, may be obtained from: Deputy Director RETRIEVING, ACCESSING, RETAINING, AND of Administration, National Institute of Economic Impact Assessment of NIST DISPOSING OF RECORDS IN THE SYSTEM: Standards and Technology, Ncar-Field Scanning Measurements of STORAGE: Gaithersburg, Maryland 20899. Antennas Program Both manual and machine-readable For records at location c, information ACTION: Proposed collection; comment records. may be obtained from: Director, Administrative and Technical Services, request. RETRIEVABILITY: National Oceanic and Atmospheric SUMMARY: The Department of By name, and invoice number as Administration, U.S. Department of Commerce, as part of its continuing appropriate. Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. effort to reduce both paperwork and SAFEGUARDS: For PTO records at location d, respondent burden, invites the general Physical security, handling by information may be obtained from: public and other Federal agencies to authorized personnel only. Assistant Commissioner for take this opportunity to comment on proposed and/or continuing information RETENTION AND DISPOSAL: Administration, U.S. Patent and Trademark Office, Washington, DC collections, as required by the Retained until payment is received 20231. Paperwork Reduction Act of 1995, and account is audited, then disposed of Public Law 104–13 (44 U.S.C. For records at location e, information in accordance with Records Control 3506(c)(2)(A)). may be obtained from: Associate Schedule. Director for Administration, Bureau of DATES: Written comments must be SYSTEM MANAGER(S) AND ADDRESS: the Census, Federal Building 3, submitted on or before January 20, 1998. For records at location a: Director, Washington, DC 20233. ADDRESSES: Direct all written comments Office of Financial Operations and For NTIS records at location f, to Linda Engelmeier, Departmental Travel Management, U.S. Department of information may be obtained from: Forms Clearance Officer, Department of Commerce, Washington, DC 20230. Associate Director for Financial and Commerce, Room 5327, 14th and For records at location b: Comptroller, Administrative Management, National Constitution Avenue, NW, Washington, Office of the Comptroller, National Technical Information Service, DC 20230. Institute of Standards and Technology, Springfield, Virginia 22161. FOR FURTHER INFORMATION CONTACT: Administration Building, Gaithersburg, For records at location g, information Requests for additional information or Maryland 20899. may be obtained from: Director, Office copies of the information collection For records at location c: Director, of Public Affairs, EDA, U.S. Department instrument(s) and instructions should Office of Budget and Finance, NOAA, of Commerce, Washington, DC 20230. be directed to Mr. Andrew Repjar, Room 6811, Herbert C. Building, 14th Requester should provide name and National Institute of Standards and Street and Constitution Avenue, NW, address, and invoice number as Technology, Electrical and Electronics Washington, DC 20230. appropriate, pursuant to the inquiry Engineering Laboratory, Mailcode 61492 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

813.08, 325 Broadway, Boulder, is necessary for the proper performance Agenda Colorado 20899. He can be reached by of the function of the agency, including • Welcome and Overview phone at (303) 497–5703 or by e-mail at whether the information shall have • Issues Update and Briefings [email protected]. practical utility; (b) the accuracy of the • Federal Security Impact—Pending agency’s estimate of the burden SUPPLEMENTARY INFORMATION: Legislation Updates (including hours and cost) of the • NIST Program Updates I. Abstract proposed collection of information; (c) • CIO Federal Briefings NIST seeks to assess economic ways to enhance the quality, utility, and • Discussion impacts of its program for near-field clarity of the information to be • Pending Business measurements of antennas. The collected; and (d) ways to minimize the • Public Participation • respondents will be U.S. suppliers and burden of the collection of information Agenda Development for January users of microwave antennas used in on respondents, including through the Meeting use of automated collection techniques • Work Plan for 1998 satellites, earth terminals, radar and • communications systems. The results or other forms of information Wrap-Up will be applied by NIST for program technology. PUBLIC PARTICIPATION: The Board agenda evaluation purposes. Comments submitted in response to will include a period of time, not to NIST conducts economic impact this notice will be summarized and/or exceed thirty minutes, for oral studies to (1) provide management with included in the request for OMB comments and questions from the information on the nature and approval of this information collection; public. Each speaker will be limited to magnitude of NIST research projects, (2) they also will become a matter of public five minutes. Members of the public to convey to the policy and budget record. who are interested in speaking are asked to contact the Board Secretariat at the processes the rates of return to society Dated: November 10, 1997. for expenditures by NIST, and (3) to telephone number indicated below. In Linda Engelmeier, provide data necessary to comply with addition, written statements are invited the Government Performance and Departmental Forms Clearance Officer, Office and may be submitted to the Board at of Management and Organization. Results Act requirements. The resulting any time. Written statements should be information is used both for evaluation [FR Doc. 97–30222 Filed 11–17–97; 8:45 am] directed to the Information Technology of completed and ongoing research and BILLING CODE 3510±13±P Laboratory, Building 820, Room 426, related projects and for strategic National Institute of Standards and Technology, Gaithersburg, MD 20899– planning. DEPARTMENT OF COMMERCE The range of technology infrastructure 0001. It would be appreciated if fifteen developed in NIST laboratories and National Institute of Standards and copies of written material were through cooperative projects with Technology submitted for distribution to the Board industry leverage the productivity of all by December 2, 1997. Approximately 20 stages of U.S. domestic economic Announcing a Meeting of the seats will be available for the public and activity (R&D, production, and Computer System Security and Privacy media. marketing) and thereby increase Advisory Board FOR FURTHER INFORMATION CONTACT: Mr. economic growth and economic well Edward Roback, Board Secretariat, being. AGENCY: National Institute of Standards Information Technology Laboratory, and Technology, Commerce. II. Method of Collection National Institute of Standards and ACTION: Notice of meeting. Technology, Building 820, Room 426, Personnel of organizations in the U.S. Gaithersburg, MD 20899–0001, microwave industry may respond to SUMMARY: Pursuant to the Federal telephone (301) 975–3696. questionnaires by mail, fax, E-mail, or Advisory Committee Act, 5 U.S.C. App., telephone. Dated: November 12, 1997. notice is hereby given that the Computer Elaine Bunten-Mines, III. Data System Security and Privacy Advisory Director, Program Office. OMB Number: None. Board will meet Tuesday, December 9, [FR Doc. 97–30263 Filed 11–17–97; 8:45 am] Wednesday, December 10, and Form Number: None. BILLING CODE 3510±13±M Type of Review: Regular submission Thursday, December 11, 1997 from 9 for a new requirement. a.m. to 5 p.m. The Advisory Board was Affected Public: Personnel of established by the Computer Security DEPARTMENT OF COMMERCE organizations in the U.S. microwave Act of 1987 (Pub. L. 100–235) to advise industry and their customers. the Secretary of Commerce and the National Oceanic and Atmospheric Estimated Number of Respondents: Director of NIST on security and privacy Administration issues pertaining to federal computer 50. [I.D. 111297B] Estimated Time Per Response: 30 systems. All sessions will be open to the minutes. public. Magnuson-Stevens Act Provisions; Estimated Total Annual Burden DATES: The meeting will be held on Essential Fish Habitat; Public meeting Hours: 25 hours. December 9, 10, and 11, 1997, from 9 AGENCY: Estimated Total Annual Cost: $2,500 a.m. to 5 p.m. National Marine Fisheries (25 hours × $100 per hour for a senior Service (NMFS), National Oceanic and level technical manager to respond). No ADDRESSES: The meeting will take place Atmospheric Administration (NOAA), equipment or maintenance costs are at the National Institute of Standards Commerce. associated with this data collection. and Technology, Gaithersburg, ACTION: Notice of meeting. Maryland in the Administration IV. Request for Comments Building, in Lecture room A on SUMMARY: NMFS is convening a meeting Comments are invited on: (a) Whether December 9 and 10 and in Lecture Room of the west coast salmon essential fish the proposed collection of information D on December 11. habitat (EFH) technical team to review Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61493

EFH descriptions for salmon and DEPARTMENT OF COMMERCE 2. Initial review of a draft analysis for adverse affects on salmon EFH. The a third-party arrangement (joint project meeting is open to the public. National Oceanic and Atmospheric agreement) for observer procurement Administration services; DATES: The technical team meeting is on [I.D. 111097B] 3. Receive report on the 1997 Halibut November 18, 1997, from 9:00 a.m. to and Sablefish individual fishing quota 5:00 p.m. North Pacific Fishery Management (IFQ) fisheries; ADDRESSES: The meeting will be at the Council; Public Meetings 4. Review proposals received for changes to the Halibut and Sablefish Lloyd Center Doubletree Hotel, 1000 NE AGENCY: National Marine Fisheries Multnomah, Portland, OR. IFQ fisheries and give direction to staff Service (NMFS), National Oceanic and for analyses; FOR FURTHER INFORMATION CONTACT: Joe Atmospheric Administration (NOAA), 5. Initial review of research priorities; Scordino, NMFS, 206/526–6143. Commerce. 6. Review and consider releasing to ACTION: Notice of public meetings. public review draft environmental SUPPLEMENTARY INFORMATION: NMFS is assessment/regulatory impact review for SUMMARY: The North Pacific Fishery in the process of developing the Bering Sea/Aleutian Islands (BSAI) Management Council (Council) and its recommendations on EFH for west coast pollock Community Development Quota advisory committees will meet in salmon in accordance with recent program for 1999 and beyond; Anchorage, AK. amendments to the Magnuson-Stevens 7. Appointments to the SSC and AP Fishery Conservation and Management DATES: The meetings will be held during for 1998, and to the Pacific Northwest Act. EFH recommendations to be the week of December 7, 1997. See Crab Industry Advisory Committee presented to the Pacific Fishery SUPPLEMENTARY INFORMATION for specific through 1999; Management Council for an amendment dates and times. 8. Review and give final approval to to the salmon fishery management plan ADDRESSES: All meetings will be held at Amendment 3 to the Scallop Fishery include a description of EFH for coho the Anchorage Hilton Hotel, 500 W. 3rd Management Plan. Amendment 3 would salmon, chinook salmon, pink salmon Avenue, Anchorage, AK. All meetings delegate authority to the State of Alaska and sockeye salmon; a description of are open to the public with the to manage the scallop fishery off Alaska; adverse effects to EFH, including fishing exception of a Council executive session 9. The Council will receive and and nonfishing threats; and a tentatively scheduled for noon on approve the final 1998 Stock description of measures to ensure the Wednesday, December 10, to discuss Assessment and Fishery Evaluation personnel, international issues, or conservation and enhancement of EFH. reports for Gulf of Alaska and BSAI litigation, as necessary. groundfish and approve final 1998 NMFS has formed a technical team Council address: North Pacific harvest allocations, including vessel consisting of fishing industry, state, Fishery Management Council, 605 W. incentive program rate standards, tribal, university, and Federal 4th Ave., Suite 306, Anchorage, AK bycatch allowances, and halibut discard individuals to provide technical input 99501–2252. mortality rates; and and advice on the development of the FOR FURTHER INFORMATION CONTACT: 10. Other groundfish issues to be NMFS recommendations. The technical Council staff, telephone: 907–271–2809. addressed include: team will meet 2 to 3 times between SUPPLEMENTARY INFORMATION: a. Initial review of an amendment for November and March to review draft Ecosystems Committee will meet stand-down and/or preregistration EFH documents as they are prepared. Sunday, December 7, beginning at 8:00 requirements in the Western and Central The first meeting of the technical team a.m. and ending at 4:00 p.m. Gulf of Alaska. Direction to staff to is scheduled for November 18, 1997. The Scientific and Statistical release for public review and/or revise;. The meetings will be open to the public, Committee (SSC) will meet beginning at b. Initial review of options to and the public will have an opportunity 8:00 a.m. on Sunday, December 7, streamline the setting of total allowable to comment. EFH documents will be continuing through Tuesday, December catches; directions to staff to release for available at the meeting. EFH 9. public review and/or revise; background material can also be found The Advisory Panel (AP) will begin c. Initial review of an amendment to allocate shortraker/rougheye quota to on the Pacific States Marine Fisheries meeting at 8:00 a.m. on Monday, December 8, and continue through fixed gear; directions to staff to release Commission website at www.psmfc.org/ Thursday, December 11. for public review and/or revise; efh.html. The Council’s regular plenary session d. Discussion of limited processing for Special Accommodations will begin at 8:00 a.m. on Tuesday, catcher vessels; direction to staff; December 9, and continue through e. Discussion of overfishing The meeting is physically accessible Sunday, December 14. amendments; direction to staff; to people with disabilities. Requests for Other workgroup or committee f. Discussion of catch reporting sign language interpretation or other meetings may be held during the week. accuracy; auxiliary aids should be requested at Notices of these meetings will be posted g. Discussion of gear storage and least 5 working days prior to the at the hotel. preemption issues in the BSAI; meeting date. The agenda for the Council’s plenary direction to staff; session will include the following h. Discussion of salmon retention Authority: 16 U.S.C. 1801 et seq. issues. The Council may take revisions for the BSAI; direction to staff; Dated: November 12, 1997. appropriate action on any of the issues and Bruce Morehead, identified. i. Discussion of pollock ‘‘B’’ Season 1. Reports from NMFS and Alaska Acting Director, Office of Sustainable adjustments in the BSAI; direction to Fisheries, National Marine Fisheries Service. Department of Fish and Game on the staff. current status of the fisheries off Alaska, Although other issues not contained [FR Doc. 97–30158 Filed 11–12–97; 3:13 pm] and NMFS and U.S. Coast Guard reports in this agenda may come before this BILLING CODE 3510±22±F on enforcement; Council for discussion, in accordance 61494 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices with the Magnuson-Stevens Fishery applicant had submitted a request for a Dated: November 12, 1997. Conservation and Management Act, scientific research permit to blood Ann D. Terbush, those issues may not be the subject of sample and vaccinate two captive, adult Chief, Permits and Documentation Division, formal Council action during the Northern fur seals with a benign Office of Protected Resources, National meeting. Council action will be antigen, Fort Dodge tetanus toxoid, for Marine Fisheries Service. restricted to those issues specifically the purpose of scientific research at a [FR Doc. 97–30159 Filed 11–17–97; 8:45 am] identified in the agenda listed in this U.S. facility that is holding captive BILLING CODE 3510±22±F notice. Northern fur seals. The requested permit has been issued under the authority of Special Accommodations the Marine Mammal Protection Act of DEPARTMENT OF DEFENSE These meetings are physically 1972, as amended (16 U.S.C. 1361 et accessible to people with disabilities. seq.), the Fur Seal Act of 1966, as Office of the Secretary Requests for sign language amended (16 U.S.C. 1151 et seq.), and interpretation or other auxiliary aids the regulations governing the taking and Civilian Health and Medical Program of should be directed to Helen Allen, 907– importing of marine mammals (50 CFR the Uniformed Services (CHAMPUS) 271–2809, at least 5 working days prior Part 216). AGENCY: Office of the Secretary, DoD. to the meeting date. Dated: November 12, 1997. ACTION: Notice of extension of cancer Dated: November 12, 1997. Ann D. Terbush, treatment clinical trails demonstration Bruce C. Morehead, Chief, Permits and Documentation Division, project. Acting Director, Office of Sustainable Office of Protected Resources, National SUMMARY: Fisheries, National Marine Fisheries Service. Marine Fisheries Service. This notice is to advise interested parties of a one-year [FR Doc. 97–30254 Filed 11–17–97; 8:45 am] [FR Doc. 97–30255 Filed 11–17–97; 8:45 am] BILLING CODE 3510±22±F extension of a demonstration project in BILLING CODE 3510±22±F which the DoD provides CHAMPUS reimbursement for eligible beneficiaries DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE who receive cancer treatment under approved National Institutes of Health, National Oceanic and Atmospheric National Oceanic and Atmospheric National Cancer Institute (NCI) clinical Administration Administration trails. Participation in these clinical trails will improve access to promising [I.D. 102497A] [I.D. 111297C] cancer therapies for CHAMPUS eligible beneficiaries when their conditions Marine Mammals (File No. 758±1431) Marine Mammals, Endangered or Threatened Species, Scientific meet protocol eligibility criteria. DoD AGENCY: National Marine Fisheries Research Permit (File No. 473±1433); financing of these procedures will assist Service (NMFS), National Oceanic and Correction in meeting clinical trail goals and arrival Atmospheric Administration (NOAA), at conclusions regarding the safety and Commerce. AGENCY: National Marine Fisheries efficacy of emerging therapies in the Service (NMFS), National Oceanic and treatment of cancer. At this time, there ACTION: Issuance of scientific research Atmospheric Administration (NOAA), permit no. 758–1431. is insufficient demonstration data for a Commerce. full evaluation of costs associated with SUMMARY: Notice is hereby given that Dr. ACTION: Receipt of application; enrollment in clinical trails. Extending Kimberlee Beckmen, Institute of Arctic correction. the demonstration for an additional year Biology, University of Alaska Fairbanks, will show sufficient time for patient SUMMARY: The National Marine accrual to clinical trials and collection P.O. Box 757000, Fairbanks, AK 99775– Fisheries Service published a document of data which allows for comprehensive 7000, is hereby authorized to conduct in the Federal Register of October 31, economic analysis. This demonstration research on two captive, adult Northern 1997, concerning an application to take also affects TRICARE, the managed fur seals (Callinorinus ursinus). several species of cetaceans for purposes health care program that includes ADDRESSES: The permit and related of scientific research. The document CHAMPUS. This demonstration project documents are available for review inadvertently omitted that the proposed is under the authority of 10 U.S.C., upon written request or by appointment takes are to be conducted on an annual section 1092. in the following offices: basis. EFFECTIVE DATE: January 1, 1998. Permits Division, Office of Protected FOR FURTHER INFORMATION CONTACT: Resources, NMFS, 1315 East-West Jeannie Drevenak, Permits Division, FOR FURTHER INFORMATION CONTACT: Highway, Room 13130, Silver Spring, Office of Protected Resources, NMFS, Cynthia P. Speight, Office of the MD 20910 (301/713–2289); 1315 East-West Highway, Room 13824, Assistant Secretary of Defense (Health Regional Administrator, Northwest Silver Spring, MD 20910 (301/713– Affairs), (703) 697–8975. Region, NMFS, NOAA, 7600 Sand Point 2289). SUPPLEMENTARY INFORMATION: Way, NE., BIN C15700, Building 1, Seattle, WA 98115–0070 (206/526– Correction Background 6150); In the Federal Register issue of On January 24, 1996, the Department Regional Administrator, Alaska October 31, 1997, in FR Doc. 97–28833, provided notice in the Federal Register Region, NMFS, NOAA, P.O. Box 21668, on page 58943, in the first column, (61 FR 1899) of an extension of an Juneau, AK 99802–1668 (907/586– correct the second paragraph under the existing demonstration for breast cancer 7221). SUPPLEMENTARY INFORMATION caption by treatment clinical trials to include all SUPPLEMENTARY INFORMATION: On inserting the word ‘‘annually’’ before cancer treatment clinical trials under September 29, 1997, notice was the word ‘‘from’’ in line four and the approved National Cancer Institute published in the Federal Register (62 word ‘‘annually’’ between the words (NCI) clinical trials. The demonstration FR 50907) that the above-named ‘‘physalus’’ and ‘‘may’’ in line 17. purpose is to improve beneficiary access Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61495 to promising new therapies, assist in ACTION: Notice. of Defense published 32 CFR part 216 as meeting the National Cancer Institute’s an interim rule. This rule and the clinical trial goals, and arrival at SUMMARY: This document is published Omnibus Consolidated Appropriations conclusions regarding the safety and to identify institutions of higher Act of 1997 require the Department of efficacy of emerging therapies in the education that are ineligible for Defense semi-annually to publish a list treatment of cancer. The January 24, contracts and grants by reason of a of the institutions of higher education 1996, notice anticipated the possibility determination by the Secretary of ineligible for Federal funds due to a of extending the demonstration. Defense that the institution prevents policy or practice that either prohibits, The NCI trials program is the military recruiter access to the campus or in effect prevents, the Secretary of principal means by which the oncology or students or maintains a policy against Defense from obtaining, for military community has developed clinical ROTC. It also implements the recruiting purposes, entry to campuses, evidence for the efficacy of various requirements set forth in the Omnibus access to students on campuses, access treatment approaches in cancer therapy. Consolidated Appropriations Act of to directory information on students or Participating institutions include NCI’s 1997 and 32 CFR part 216. The that has an anti-ROTC policy. On network of comprehensive and clinical institutions of higher education so October 6, 1997 (62 FR 52091), the cancer centers, university and identified are: Department of Defense published a list community hospitals and practices, and Washington College of Law of American of the institutions of higher education military treatment facilities. Despite this University, Washington, DC ineligible for Federal Funding; this extensive network and includes the William Mitchell College of Law, St. listing updates and supersedes that nation’s premier medical centers, cure Paul, Minnesota listing. rates for most types of cancer remain Recently, the following institution of Dated: November 10, 1997. disappointing, highlighting the higher education reported modifications significant effort still required for to school policies sufficient to merit L.M. Bynum, improvement. The principal means by removal from the list of ineligible Alternate OSD Federal Register Liaison which advances in therapy will be schools. Officer, Department of Defense. realized is through application of Asnuntuck Community-Technical [FR Doc. 97–30172 Filed 11–17–97; 8:45 am] research to victims of cancer. In support College, Enfield, Connecticut BILLING CODE 5000±04±P of NCI’s efforts to further the science of Capital Community-Technical College, cancer treatment, the Department Hartford, Connecticut expanded its breast cancer Central Connecticut State University, DEPARTMENT OF DEFENSE demonstration to include all NCI- New Britain, Connecticut Department of the Air Force sponsored phase II and phase III clinical Charter Oak State College, Newington, trials. This expanded demonstration Connecticut Privacy Act of 1974; System of will enhance current NCI efforts to Connecticut Community-Technical Records determine safety and efficacy of College, Winsted, Connecticut promising cancer therapies by Eastern Connecticut State University, AGENCY: Department of the Air Force, expanding the patient population Willimantic, Connecticut DOD. available for entry into clinical trials Gateway Community-Technical College, ACTION: Notice of an altered record and stabilizing the referral base for these North Haven, Connecticut system. clinical activities. While this Housatonic Community-Technical SUMMARY: The Department of the Air demonstration provides an exception to College, Bridgeport, Connecticut Force proposes to alter a system of current CHAMPUS benefit limitations, Manchester Community-Technical records notice in its inventory of record the Department hypothesizes that this College, Manchester, Connecticut Middlesex Community-Technical systems subject to the Privacy Act of increased access to innovative cancer College, Middletown, Connecticut 1974 (5 U.S.C. 552a), as amended. therapies will occur at a cost Naugatuck Community-Technical DATES: The alteration will be effective comparable to that which the College, Waterbury, Connecticut on December 18, 1997, unless comments Department has experienced in paying Norwalk Community-Technical College, are received that would result in a for conventional therapies under the Norwalk, Connecticut contrary determination. standard CHAMPUS program. Results of Quinebaug Valley Community- ADDRESSES: Send comments to the Air this demonstration will provide a Technical College, Danielson, Force Access Programs Manager, framework for determining the scope of Connecticut Headquarters, Air Force DoD’s continued participation in the Southern Connecticut State University, Communications and Information NCI’s research efforts. New Haven, Connecticut Center/ITC, 1250 Air Force Pentagon, Dated: November 10, 1997. Three Rivers Community-Technical Washington, DC 20330–1250. L.M. Bynum, College, Norwich, Connecticut FOR FURTHER INFORMATION CONTACT: Ms. Alternate OSD Federal Register Liaison Tunxis Community-Technical College, Anne Rollins at (703) 697–8674 or DSN Officer, Department of Defense. Farmington, Connecticut 227–8674. Western Connecticut State University, [FR Doc. 97–30173 Filed 11–17–97; 8:45 am] SUPPLEMENTARY INFORMATION: The Danbury, Connecticut BILLING CODE 5000±04±M Department of the Navy’s record system ADDRESSES: Director for Accession notices for records systems subject to Policy, Office of the Assistant Secretary the Privacy Act of 1974 (5 U.S.C. 552a), DEPARTMENT OF DEFENSE of Defense for Force Management as amended, have been published in the Policy, 4000 Defense Pentagon, Federal Register and are available from Office of the Secretary Washington, DC 20301–4000. the address above. FOR FURTHER INFORMATION CONTACT: The proposed altered system report, List of Institutions of Higher Education William J. Carr, (703) 697-8444. Ineligible for Federal Funds as required by 5 U.S.C. 552a(r) of the SUPPLEMENTARY INFORMATION: On April Privacy Act was submitted on AGENCY: Department of Defense. 8, 1997 (62 FR 16694), the Department November 3, 1997, to the House 61496 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

Committee on Government Reform and CATEGORIES OF RECORDS IN THE SYSTEM: qualifications of such member or Oversight, the Senate Committee on (1) Credential review files: Contains employee. Governmental Affairs, and the Office of curriculum vitae, list of approved Records concerning civilian Management and Budget (OMB) privileges, copies of diplomas and consultants or contractors who engage pursuant to paragraph 4c of Appendix I certificates, records of continuing health in direct patient care may be released to to OMB Circular No. A–130, ‘Federal education training, letters of evaluation, civilian organizations employing said Agency Responsibilities for Maintaining summaries of special activities or other civilian consultants or contractors Records About Individuals,’ dated information, including malpractice providing direct patient care to eligible February 8, 1996, (61 FR 6427, February claims reports, furnished or solicited in beneficiaries if such records are 20, 1996). order to fully evaluate the professional necessary to evaluate the civilian Dated: November 10, 1997. qualifications of individuals, and the consultant or contractor in accordance L. M. Bynum, records of any actions taken on the with 10 U.S.C. 1102(c)(E). The ‘Blanket Routine Uses’ published Alternate OSD Federal Register Liaison individual’s credentials. Officer, Department of Defense. (2) Health education records: at the beginning of the Air Force’s Applications for training, training compilation of systems of records F044 AF SG K reports, Faculty Board reports, notices apply to this system. photograph or negative, and personnel POLICIES AND PRACTICES FOR STORING, SYSTEM NAME: documents related to training. RETRIEVING, ACCESSING, RETAINING, AND Medical Professional Staffing Records AUTHORITY FOR MAINTENANCE OF THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: (June 11, 1997, 62 FR 31793). 10 U.S.C. Chapter 55, Medical and STORAGE: CHANGES: Dental Care; medical specialists, as Maintained in file folders and visible * * * * * implemented by Air Force Instruction file binders/cabinets. 44–119, Quality Assurance in the Air ROUTINE USES OF RECORDS MAINTAINED IN THE Force Medical Service. RETRIEVABILITY: SYSTEM, INCLUDING CATEGORIES OF USERS AND Retrieved by name. THE PURPOSES OF SUCH USES: PURPOSE(S): SAFEGUARDS: Add a new paragraph ‘Records The information contained in Records are accessed by custodian of concerning civilian consultants or credential review files is used to award, the record system, by person(s) contractors who engage in direct patient limit, suspend, restrict or revoke the responsible for servicing the record care may be released to civilian inpatient and ambulatory clinical system in performance of their official organizations employing said civilian privileges to all categories of health duties; by commanders of USAF consultants or contractors providing practitioners. Health education records are used to medical centers hospitals and clinics direct patient care to eligible permit evaluations of individuals in (credential review files); by program beneficiaries if such records are training, by program directors, in directors, trainees and personnel necessary to evaluate the civilian managing the individual in training; by managers with the need-to-know (health consultant or contractor in accordance the record maintenance personnel, to education records). with 10 U.S.C. 1102(c)(E).’ document changes to the individual’s * * * * * personnel record maintained by the RETENTION AND DISPOSAL: (1) Credential review files are retained F044 AF SG K servicing Consolidated Base Personnel Office (CBPO). in the office files of the medical facility SYSTEM NAME: where the practitioner is assigned, ROUTINE USES OF RECORDS MAINTAINED IN THE employed, or practicing. Following Medical Professional Staffing Records. SYSTEM, INCLUDING CATEGORIES OF USERS AND separation, resignation, or retirement, THE PURPOSES OF SUCH USES: SYSTEM LOCATION: the files are retained at the location of In addition to those disclosures the last duty assignment for a period of At Air Force medical centers, generally permitted under 5 U.S.C. 3 years and then are destroyed. hospitals, and clinics; all health 552a(b) of the Privacy Act, these records (2) Health education files are retained facilities where graduate health or information contained therein may by the director of health education until education programs are conducted; specifically be disclosed outside the training is completed, files are then kept reserve NAFs/Surgeon’s Office; reserve DoD as a routine use pursuant to 5 by the health facility for 30 years and tactical hospitals/clinics, reserve MSES, U.S.C. 552a(b)(3) as follows: then destroyed by tearing into pieces, and reserve AAG medical elements. The information may also be released shredding, pulping, macerating, or to a governmental board or agency or burning; if facility is deactivated, the CATEGORIES OF INDIVIDUALS COVERED BY THE health care professional society or records are retired to the Washington SYSTEM: organization if such record of document National Records Center, Washington, Practitioners, who are, or have been, is needed to perform licensing or DC 20409 to be retained until the 30– members of the USAF Medical Service, professional standards monitoring year period has expired at which time Civil Service Employees (including related to health care practitioners who they will be destroyed. civilian consultants who engage in are or were formerly members, direct patient care), or contractors who employees of the Armed Forces, or SYSTEM MANAGER(S) AND ADDRESS: are assigned to, employed by, or contractors, and to medical institutions The Surgeon General, Headquarters, practice in the Air Force medical facility or organizations wherein such member, United States Air Force; Commanders of for the purpose of providing health employee or contractor has applied for medical centers, hospitals, clinics. services for eligible beneficiaries; or been granted authority or Official mailing addresses are published United States Air Force Medical Service employment to provide health care as an appendix to the Air Force’s personnel pursuing graduate health services if such record or document is compilation of systems of records education programs. needed to assess the professional notices. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61497

For health education records, DEPARTMENT OF ENERGY System name: DOE Personnel: individuals should give full name, Appraisal and Development military status, Social Security Number, Privacy Act of 1974; Deletion of Records (Duplicates Office of when they entered training and Privacy Act Systems of Records Personnel Management OPM/ completed training, and what corps GOVT–2). AGENCY: Department of Energy. • within the medical service they are a DOE–4 ACTION: Notification of deletion of member. Individuals may visit either System name: Applications for DOE Department of Energy Privacy Act employment (Duplicates Office of the health facility maintaining the systems of records. records or the Office of the Surgeon, Air Personnel Management OPM/ GOVT–5). Force Manpower and Personnel Center, SUMMARY: In accordance with the • DOE–16 requirements of the Privacy Act of 1974, Randolph Air Force Base, TX to learn if System name: Reports of Financial as amended, 5 U.S.C. 552a, the the record system contains their records. Interest (Duplicates Office of Department of Energy is deleting from When visiting either of these locations, Government Ethics OGE/GOVT–1 the agency’s inventory of systems of the individual must provide a valid and OGE/GOVT–2). drivers license or equivalent records, record systems that are either • DOE–36 identification containing a photograph duplicative of government-wide or System name: Statistical Analysis to establish identity. departmental records systems; obsolete Using Personnel Security and the information is no longer Questionnaire (Health and NOTIFICATION PROCEDURE: maintained; or not retrieved by name or Mortality Study) (Duplicates DOE– personal identifier, and therefore not 88, ‘‘Epidemiologic and Other Individuals seeking to determine Privacy Act record systems. whether information about themselves Health Studies, Surveys and EFFECTIVE DATE: November 18, 1997. Surveillances’’). is contained in this system should FOR FURTHER INFORMATION CONTACT: • DOE–37 address written inquiries to or visit the GayLa D. Sessoms, Director, Freedom of System name: Equal Employment system manager. Information Act and Privacy Act Opportunity Complaint Files Division, HR–73, Independence (Duplicates Equal Employment RECORD ACCESS PROCEDURES: Avenue, SW, Washington, DC 20585, Opportunity Commission EEOC/ Individuals seeking access to (202) 586–5955. GOVT–1). • information about themselves contained SUPPLEMENTARY INFORMATION: After DOE–69 in this system should address written reviewing the Department’s Privacy Act System name: Residential Solar Water inquiries to or visit the system manager. Systems of Records, 14 record systems Heating Workshops Pilot Program For health education records, individual were identified for deletion. Six record Records (Duplicates DOE–74, may obtain assistance by writing or systems are obsolete, seven record ‘‘Bonneville Power Administration Conservation Program’’). presenting themselves in person to the systems duplicate other governmental or • departmental record systems, and one is DOE–70 health facility where the records are System name: Electricity Use and maintained. Official mailing addresses not a Privacy Act system of records. These are listed as follows: Conservation Analysis Records are published as an appendix to the Air (Duplicates DOE–74, ‘‘Bonneville Force’s compilation of systems of I. Obsolete Power Administration Conservation records notices. • DOE–6 Program’’). System name: Report of Consultants CONTESTING RECORD PROCEDURES: III. Not Retrieved by Name or Personal to DOE Contractors. Identifier • DOE–7 The Air Force rules for accessing • records, and for contesting contents and System name: Applications and DOE–20 System name: Imprest Fund Cashiers. appealing initial agency determinations Reference Checks for Overseas are published in Air Force Instruction Employment with the International Issued in Washington, DC on November 3, 37–132; 32 CFR part 806b; or may be Atomic Energy Agency (IAEA). 1997. • obtained from the system manager. DOE–17 Archer L. Durham, System name: Certificates of Assistant Secretary for Human Resources and RECORD SOURCE CATEGORIES: Eligibility for FHA Insured Loans. Administration. • DOE–29 [FR Doc. 97–30218 Filed 11–17–97; 8:45 am] Credential review files: Basic System name: Technology Training BILLING CODE 6450±01±P information submitted by the Program—Skill Training at practitioner. Additional information Technician Level. may be solicited from other sources in • DOE–64 DEPARTMENT OF ENERGY order to permit the credentials System name: Low-Income committee to best judge the capabilities Weatherization Program Home Federal Energy Regulatory of the practitioner. Health education Report Records. Commission • DOE–68 records: Previous employer, educational [Project No. 1417; 1835] institutions, master personnel record, System name: Minority Energy information provided by the individual Technical Assistance Program Central Nebraska Public Power and concerned. (METAP) Records. Irrigation District; Nebraska Public II. Duplicate Other Systems of Records Power District; Notice of Informal EXEMPTIONS CLAIMED FOR THE SYSTEM: Settlement Conference The following systems of records None. supplement other record systems and no November 12, 1997. [FR Doc. 97–30171 Filed 11–17–97; 8:45 am] longer need to be maintained. An informal settlement conference BILLING CODE 5000±04±F • DOE–3 will be convened on Monday, November 61498 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

24, 1997, at 8:30 a.m. at the offices of inadvertently omitted from Columbia’s GISB standards 2.3.31, and to reflect the Federal Energy Regulatory September 29, 1997 filing. Version 1.1 as the November 1, 1997, Commission, 888 First Street, N.E., Columbia states that copies of its effective version for all GISB standards, Washington, D.C. 20426. The purpose of filings have been mailed to all of its with the exception of the Electronic this off-the-record meeting is to explore customers, affected State Regulatory Delivery Mechanism Standards (4.x.x). the possible settlement of any contested Commissions, and all parties to this Fourth Revised Sheet No. 130 has been issue. If necessary, the conference will proceeding. revised to reflect the proper continued continue to Tuesday, November 25, Any person desiring to protest this number sequencing from Fifth Revised 1997. Any person appearing at the filing, should file a protest with the Sheet No. 129. conference in a representative capacity Federal Energy Regulatory Commission, Columbia Gulf states that copies of its must be authorized to negotiate and, to 888 First Street, N.E., Washington, D.C. filings have been mailed to all of its the extent authorized by law, settle 20426, in accordance with Section customers, affected State Regulatory matters addressed at the conference. 385.211 of the Commission’s commissions, and all parties to this Any party, as defined by 18 CFR Regulations. All such protests must be proceeding. 385.102(c), is invited to send a made as provided in Section 154.210 of Any person desiring to protest this representative to the conference. Any the Commission’s Regulations. Protests filing, should file a protest with the party wishing to make a presentation or will be consider by the Commission in Federal Energy Regulatory Commission, needing additional information should determining the appropriate action to be 888 First Street, N.E., Washington, D.C. contact Merrill F. Hathaway at (202) taken, but such protests will not serve 20426, in accordance with Section 208–0825, or John A. Schnagl at (202) to make protestants parties to this 385.211 of the Commission’s 219–2661. proceeding. Copies of this filing are on Regulations. All such protests must be Linwood A. Watson, Jr., file with the Commission and are made as provided in Section 154.210 of Acting Secretary. available for public inspection in the the Commission’s Regulations. Protests Public Reference Room. will be consider by the Commission in [FR Doc. 97–30184 Filed 11–17–97; 8:45 am] Linwood A. Watson, Jr. determining the appropriate action to be BILLING CODE 6717±01±M Acting Secretary. taken, but such protests will not serve [FR Doc. 97–30189 Filed 11–17–97; 8:45 am] to make protestants parties to this proceeding. Copies of this filing are on DEPARTMENT OF ENERGY BILLING CODE 6717±01±M file with the Commission and are Federal Energy Regulatory available for public inspection in the Commission DEPARTMENT OF ENERGY Public Reference Room. Linwood A. Watson, Jr., [Docket No. RP97±167±009] Federal Energy Regulatory Acting Secretary. Commission [FR Doc. 97–30188 Filed 11–17–97; 8:45 am] Columbia Gas Transmission BILLING CODE 6717±01±M Corporation; Notice of Compliance [Docket No. RP97±166±009] Filing Columbia Gulf Transmission November 12, 1997. Company; Notice of Compliance Filing DEPARTMENT OF ENERGY Take notice that on November 6, November 12, 1997. Federal Energy Regulatory 1997, Columbia Gas Transmission Take notice that on November 6, Commission Corporation (Columbia) tendered for 1997, Columbia Gulf Transmission [Docket No. RP97±162±005] filing to become part of its FERC Gas Company (Columbia Gulf) tendered for Tariff, Second Revised Volume No. 1, filing to become part of its FERC Gas Cove Point LNG Limited Partnership; the following revised tariff sheet with a Tariff, Second Revised Volume No. 1, Notice of Tariff Filing proposed effective date of November 1, the following revised tariff sheets with 1997: the proposed effective date of November November 12, 1997. Substitute Fourth Revised Sheet No. 456 1, 1997: Take notice that on November 6, 1997, Cove Point LNG Limited Columbia states that the revised tariff Fourth Revised Sheet No. 130 Partnership (Cove Point) tendered for sheet is being filed to comply with the Substitute Sixth Revised Sheet No. 154 filing to become a part of Cove Point’s Federal Energy Regulatory Substitute First Revised Sheet No. 286 FERC Gas Tariff, First Revised Volume Commission’s Letter Order issued Columbia Gulf states that the revised No. 1, the following revised tariff sheets October 27, 1997, in Docket No. RP97– tariff sheets are being filed to comply to be effective November 1, 1997: 167–008. The Order directed Columbia with the Commission’s Letter Order to file a revised tariff Sheet No. 456 to (Order) issued October 27, 1997, in Substitute Second Revised Sheet No. 99 (1) incorporate by reference GISB Docket No. RP97–166–008. The Order Substitute Second Revised Sheet No. 136 standards 1.3.24, 1.3.25, 1.3.27, 1.3.31 directed Columbia Gulf to file revised Cove Point states that these tariff and 2.3.31, and (2) to reflect Version 1.1 Sheet Nos. 154 and 286, from its sheets are being filed to comply with the as the effective version for all GISB September 29, 1997, filing to include Commission’s Office of Pipeline standards, with the exception of the certain omitted items and to more fully Regulation’s letter order of October 27, Electronic Delivery Mechanism comply with Order 587–C. Columbia 1997, requiring: (1) GISB standards Standards (4.x.x) effective November 1, Gulf states that Substitute Sixth Revised being incorporated by reference to 1997 pursuant to Order 587–C. Sheet No. 154 reflects the pro forma reflect Version 1.1 of GISB’s standards; Columbia states that Substitute Fourth language for tariff sections 6.2 (a) and and (2) Cove Point to incorporate GISB Revised Sheet No. 456 also reflects the (b) as approved in the June 11, 1997, Standard 1.3.28 by reference or through inclusion of GISB standard 2.3.9 that order in these proceedings. Columbia verbatim incorporation of this standard was included on the pro forma tariff Gulf further states that Substitute First into Cove Point’s tariff, but not by both sheet filed April 30, 1997, but was Revised Sheet No. 286 incorporates means. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61499

Cove Point states that copies of the DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY filing were served upon Cove Point’s customers and interested state Federal Energy Regulatory Federal Energy Regulatory regulatory commissions. Commission Commission Any person desiring to protest said [Docket No. CP98±49±000] filing should file a protest with the [Docket No. RP97±178±007] Federal Energy Regulatory Commission, K N Wattenberg Transmission LLC; Kern River Gas Transmission 888 First Street, N.E., Washington, D.C. Notice of Site Visit Company; Notice of Compliance Filing 20426, in accordance with Section November 12, 1997. 385.211 of the Commission’s Rules of November 12, 1997. On November 19, 1997, the Office of Practice and Procedure. All such Take notice that on November 6, Pipeline Regulation (OPR) staff will protests must be filed in accordance conduct an inspection of the route with Section 154.210 of the 1997, Kern River Gas Transmission Company (Kern River) tendered for proposed by K N Wattenberg Commission’s Regulations. All protests Transmission Limited Liability filed with the Commission will be filing as part of its FERC Gas Tariff, First Revised Volume No. 1, the following Company (KNW) for its Front Runner considered by it in determining the Pipeline. The proposed route, crossing appropriate action to be taken, but will tariff sheets, to become effective as indicated: portions of Weld and Adams Counties, not serve to make the protestants parties Colorado, will be inspected from a to the proceeding. Copies of this filing Tariff Sheets To Be Effective June 1, 1997 helicopter and/or an automobile. The are on file with the Commission and are Fourth Revised Sheet No. 127 aerial inspection will begin at available for public inspection. Original Sheet No. 127B Centennial Airport in south Denver, at Linwood A. Watson, Jr., 2nd Substitute Original Sheet No. 136 8:00 a.m. If weather conditions preclude Acting Secretary. an aerial inspection, a ground Tariff Sheets To Be Effective August 1, 1997 inspection will be conducted using an [FR Doc. 97–30185 Filed 11–17–97; 8:45 am] First Revised Sheet No. 127B automobile originating at a location to BILLING CODE 6717±01±M Substitute First Revised Sheet No. 128 be determined. Representatives of KNW Substitute First Revised Sheet No. 139 will accompany the OPR staff. All interested parties may attend, DEPARTMENT OF ENERGY Tariff Sheets To Be Effective November 1, 1997 although those planning to attend must Federal Energy Regulatory provide their own transportation. Substitute Second Revised Sheet No. 128 For further information, please Commission Substitute Second Revised Sheet No. 130 contact Paul McKee of the Substitute Second Revised Sheet No. 139 Commission’s Office of External Affairs [Docket No. RP97±346±000] Kern River states that the purpose of at 202–208–1088. Equitrans, L.P.; Notice of Informal this filing is to comply with the Robert J. Cupina, Settlement Conference Commission’s GISB-related orders Deputy Director, Office of Pipeline issued October 1, 1997 in Docket No. Regulation. November 12, 1997. RP97–178–004 and October 22, 1997 in [FR Doc. 97–30234 Filed 11–17–97; 8:45 am] Take notice that an informal Docket No. RP97–178–006. BILLING CODE 6717±01±M settlement conference will be convened Any person desiring to protest this in this proceeding on November 20, filing should file a protest with the DEPARTMENT OF ENERGY 1997 at 9:00 a.m., at the offices of the Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, 888 First Street N.E., Washington, D.C. Federal Energy Regulatory 888 First Street, N.E., Washington, D.C., 20426, in accordance with Section Commission 20426, for the purpose of exploring the 385.211 of the Commission’s Rules and possible settlement of the above- Regulations. All such protests must be [Docket No. CP98±67±000] referenced docket. filed as provided in Section 154.210 of Koch Gateway Pipeline Company; Any party, as defined by 18 CFR the Commission’s Regulations. Protests Notice of Request Under Blanket 385.102(c), or any participant, as will be considered by the Commission Authorization defined by 18 CFR 385.102(b), is invited in determining the appropriate action to to attend. Persons wishing to become a be taken, but will not serve to make November 12, 1997. party must move to intervene and protestants parties to the proceeding. Take notice that on November 4, 1997, Koch Gateway Pipeline Company receive intervenor status pursuant to the Copies of this filing are on file with the (Koch Gateway), 600 Travis Street, Commission’s regulations (18 CFR Commission and are available for public Houston, Texas 77251, filed in Docket 385.214). inspection in the Public Reference Room. No. CP98–67–000, a request, pursuant to For additional information, please Sections 157.205 and 157.216 of the Linwood A. Watson, Jr., contact Irene E. Szopo at (202) 208–1602 Commission’s Regulations under the or Donald Williams at (202) 208–0743. Acting Secretary. Natural Gas Act (18 CFR 157.205 and 18 Linwood A. Watson, Jr., [FR Doc. 97–30190 Filed 11–17–97; 8:45 am] CFR 157.216), for authorization to Acting Secretary. BILLING CODE 6717±01±M abandon by removal an inactive 1-inch [FR Doc. 97–30191 Filed 11–17–97; 8:45 am] delivery tap, under its blanket certificate issued in Docket No. CP82–430–000, BILLING CODE 6717±01±M pursuant to Section 7 of the Natural Gas Act, all as more fully set forth in the request which is on file with the 61500 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

Commission and open to public for authorization to construct and authorization pursuant to Section 7 of inspection. operate delivery taps and regulators, the Natural Gas Act. Koch Gateway proposes to abandon located in Arkansas County, Arkansas, Linwood A. Watson, Jr., by removal a 1-inch tap that formerly under NGT’s blanket certificate issued Acting Secretary. served the David Monteleone Duck in Docket Nos. CP82–384–000 and [FR Doc. 97–30183 Filed 11–17–97; 8:45 am] Hunting Club on behalf of Louisiana Gas CP82–384–001, pursuant to Section 7(c) Services (LGS), a local distribution of the Natural Gas Act, all as more fully BILLING CODE 6717±01±M company, in St. Charles Parish, set forth in the request that is on file Louisiana. Koch Gateway states that the with the Commission and open to DEPARTMENT OF ENERGY duck club has converted to electricity public inspection. and no longer requires natural gas NGT proposes to operate under service. Koch Gateway describes the tap Federal Energy Regulatory Subpart G of Part 284 of the as a farm tap, originally certificated in Commission Commission’s Regulations a 1-inch tap FPC Docket No. G–232, and located on and first-cut regulator, previously Koch Gateway’s transmission pipeline [Docket No. RP97±164±005] constructed under Section 311 of the designated as Index 276. Koch Gateway Natural Gas Policy Act and Subpart B, has included in the filing a copy of a Texas-Ohio Pipeline, Inc.; Notice of Part 284 of the Commission’s facsimile communication from LGS Compliance Filing Regulations. NGT declares these indicating that it has no objection to the November 12, 1997. proposed abandonment. Koch Gateway facilities, previously constructed in indicates that the Louisiana Public August, 1997, will provide gas to Take notice that November 6, 1997, Service Commission has been notified ARKLA, a division of NorAm Energy Texas-Ohio Pipeline, Inc. (TOP), of this filing. Corporation (ARKLA), on NGT’s Line tendered for filing to become part of its Any person or the Commission’s staff TM–10, located in Arkansas County, FERC Gas Tariff, Original Volume No. 1, may, within 45 days after issuance of Arkansas. NGT states the tap was Substitute First Revised Sheet No. 78, the instant notice by the Commission, constructed at a cost of approximately with a proposed effective date of file pursuant to Rule 214 of the $2,556 and ARKLA will reimburse NGT November 1, 1997. Commission’s Procedural Rules (18 CFR $1,750 of this cost. NGT submits the estimated volumes to be delivered TOP states that this tariff sheet is 385.214) a motion to intervene or notice being filed to comply with the Letter of intervention and pursuant to Section through these facilities are 1,000 Dth annually and 100 Dth on a peak day. Order issued on October 27, 1997, by 157.205 of the Regulations under the the Director of the Office of Pipeline Natural Gas Act (18 CFR 157.205) a In addition, NGT proposes to Regulation (Director) in Docket No. protest to the request. If no protest is construct, own, and operate up to RP97–164–004. In that Letter Order, the filed within the time allowed therefor, sixteen 1-inch delivery taps and first-cut Director accepted tariffs sheets filed by the proposed activity shall be deemed to regulators currently being negotiated, all TOP on October 2, 1997 in compliance be authorized effective the day after the to serve ARKLA, on NGT’s Line TM–10, with the Commission’s June 30, 1997 time allowed for filing a protest. If a located in Arkansas County, Arkansas, Letter Order, subject to TOP refiling protest is filed and not withdrawn at a cost of $2,556, with ARKLA sheet No. 78 to reflect certain minor within 30 days after the time allowed reimbursing NGT $1,750 of this cost. modifications. TOP states that the for filing a protest, the instant request NGT states that for each of these proposed substitute tariff sheet shall be treated as an application for proposed taps ARKLA will construct, at incorporates the modifications as authorization pursuant to Section 7 of its own cost, and donate to NGT, either directed in the October 27, 1997 Letter the Natural Gas Act. a 1-inch or 2-inch meter station, and Order. Linwood A. Watson, Jr., NGT will construct and install the 1- Acting Secretary. TOP further states that copies of this inch tap and first-cut regulator. NGT filing have been served on TOP’s [FR Doc. 97–30182 Filed 11–17–97; 8:45 am] asserts they will own and operate all of jurisdictional customers. BILLING CODE 6717±01±M the facilities. NGT declares the estimated annual and peak day volumes Any person desiring to protest this for each tap ranges from 1,000 to 6,000 filing should file a protest with the DEPARTMENT OF ENERGY Dth and 50 to 200 Dth, respectively. Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. Federal Energy Regulatory Any person or the Commission’s staff 20426, in accordance with Section Commission may, within 45 days after issuance of 385.211 of the Commission’s the instant notice by the Commission, [Docket No. CP98±72±000] Regulations. All such protests must be file pursuant to Rule 214 of the filed as provided in Section 154.210 of NorAm Gas Transmission Company; Commission’s Procedural Rules (18 CFR the Commission’s Regulations. Protests Notice of Request Under Blanket 385.214) a motion to intervene or notice will be considered by the Commission Authorization of intervention and pursuant to Section in determining the appropriate action to 157.205 of the Regulations under the be taken, but will not serve to make November 12, 1997. Natural Gas Act (18 CFR 157.205) a protestants parties to the proceeding. Take notice that on November 5, protest to the request. If no protest is Copies of this filing are on file wit the 1997, NorAm Gas Transmission filed within the time allowed therefor, Commission and are available for public Company (NGT), 525 Milam Street, P.O. the proposed activity shall be deemed to inspection in the Public Reference Box 21734, Shreveport, Louisiana be authorized effective the day after the Room. 71151, filed in Docket No. CP98–72–000 time allowed for filing a protest. If a a request pursuant to Sections 157.205 protest is filed and not withdrawn Linwood A. Watson, Jr. and 157.211 of the Commission’s within 30 days after the time allowed Acting Secretary. Regulations under the Natural Gas Act for filing a protest, the instant request [FR Doc. 97–30186 Filed 11–17–97; 8:45 am] (18 CFR 157.205 and 18 CFR 157.211) shall be treated as an application for BILLING CODE 6717±01±M Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61501

DEPARTMENT OF ENERGY ACTION: Notice of draft permit Kentucky, and Mississippi, call Scott modifications. Davis, (404) 562–9127. Federal Energy Regulatory SUPPLEMENTARY INFORMATION: If no Commission SUMMARY: The Environmental Protection significant, adverse comments are [Docket No. RP97±163±007] Agency (EPA) is issuing for comment timely received, no further activity is draft Phase I Acid Rain permit contemplated in relation to these draft Westgas Interstate, Inc.; Notice of modifications including nitrogen oxides permit modifications and the permit Compliance Filing (NOX) compliance plans in accordance modifications issued as a direct final with the Acid Rain Program regulations action in the notice of permit November 12, 1997. (40 CFR parts 72 and 76). Because the modifications published elsewhere in Take notice that November 6, 1997, Agency does not anticipate receiving today’s Federal Register will WestGas InterState, Inc. (WGI), tendered adverse comments, the permit automatically become final on the date for filing to become part of its FERC Gas modifications are also being issued as a specified in that notice. If significant, Tariff, First Revised Volume No. 1, First direct final action in the notice of adverse comments are timely received Revised Tariff Sheet No. 29A and permit modifications published on any permit modification, that permit Substitute First Revised Sheet No. 92, elsewhere in today’s Federal Register. modification in the notice of permit with a proposed effective date of modifications will be withdrawn and November 1, 1997. DATES: Comments on the draft permit WGI states that these tariff sheets are modifications must be received by public comment received on that permit being filed to comply with the Letter December 18, 1997, or the date of modification based on this notice of Order issued on October 22, 1997, by publication of a similar notice in a local draft permit modifications will be the Director, Office of Pipeline newspaper. addressed in a subsequent notice of permit modification. Because the Regulation, in Docket No. RP97–163– ADDRESSES: Administrative Records. 005. In that Letter Order, the Director The administrative record for the Agency will not institute a second accepted WGI’s tariff sheets filed permits, except information protected as comment period on this notice of draft October 2, 1997, to comply with the confidential, may be viewed during permit modifications, any parties Commission’s September 22, 1997 normal operating hours at the following interested in commenting should do so ‘‘Order on Compliance Filing,’’ subject locations: for plants in Maryland, during this comment period. For further information and a detailed to WGI refiling tariff sheets to reflect Pennsylvania, or West Virginia, EPA description of the permit modifications, certain minor modifcations. WGI states Region 3, 841 Chestnut Building, see the information provided in the that the above tariff sheets incorporate Philadelphia, PA, 19107; for plants in notice of permit modifications the modifications as directed in the Florida, Georgia, Kentucky, and elsewhere in today’s Federal Register. October 22, 1997 Letter Order. Mississippi, EPA Region 4, 100 Alabama WGI further states that copies of this Street, SW, Atlanta, GA, 30303. Dated: November 12, 1997. filing have been served on WGI’s Comments. Send comments, requests Janice K. Wagner, jurisdictional customers and interested for public hearings, and requests to Acting Director, Acid Rain Division, Office state commissions. receive notices of future actions to: for of Atmospheric Programs, Office of Air and Any person desiring to protest this plants in Maryland, Pennsylvania, or Radiation. filing should file a protest with the West Viriginia, EPA Region 3, Air, [FR Doc. 97–30238 Filed 11–17–97; 8:45 am] Federal Energy Regulatory Commission, Radiation, and Toxics Division, Attn: BILLING CODE 6560±50±P 888 First Street, N.E., Washington, D.C. 20426, in accordance with Section Linda Miller (address above); for plants 385.211 of the Commission’s in Florida, Georgia, Kentucky, and Mississippi, EPA Region 4, Air, ENVIRONMENTAL PROTECTION Regulations. All such protests must be AGENCY filed as provided in Section 154.210 of Pesticides and Toxics Management the Commission’s Regulations. Protests Division, Attn: Scott Davis (address [FRL±5923±9] will be considered by the Commission above). Submit comments in duplicate Acid Rain Program: Permit in determining the appropriate action to and identify the permit to which the Modifications be taken, but will not serve to make comments apply, the commenter’s name, address, and telephone number, protestants parties to the proceeding. AGENCY: Environmental Protection and the commenter’s interest in the Copies of this filing are on file with the Agency (EPA). matter and affiliation, if any, to the Commission and are available for public ACTION: Notice of permit modifications. inspection in the Public Reference owners and operators of all units in the Room. plan. All timely comments will be SUMMARY: The Environmental Protection Linwood A. Watson, Jr., considered, except those pertaining to Agency (EPA) is issuing, as a direct final standard provisions under 40 CFR 72.9 Acting Secretary. action, Phase I Acid Rain permit or issues not relevant to the permit modifications including nitrogen oxides [FR Doc. 97–30187 Filed 11–17–97; 8:45 am] modification. BILLING CODE 6717±01±M (NOX) compliance plans in accordance Hearings. To request a public hearing, with the Acid Rain Program regulations state the issues proposed to be raised in (40 CFR parts 72 and 76). Because the the hearing. EPA may schedule a Agency does not anticipate receiving ENVIRONMENTAL PROTECTION hearing if EPA finds that it will AGENCY adverse comments, the exemptions are contribute to the decision-making being issued as a direct final action. [FRL±5924±1] process by clarifying significant issues DATES: The permit modifications issued affecting a NOX compliance plan. Acid Rain Program: Draft Permit in this direct final action will be final FOR FURTHER INFORMATION CONTACT: Modifications For on December 29, 1997 or 40 days after plants in Maryland, Pennsylvania, or publication of a similar notice in a local AGENCY: Environmental Protection West Viriginia, call Linda Miller, (215) publication, whichever is later, unless Agency (EPA). 566–2068; for plants in Florida, Georgia, significant, adverse comments are 61502 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices received by December 18, 1997 or 30 average emission rate for the units in the ACTION: Notice of draft Phase II acid rain days after publication of a similar notice plan shall be less than or equal to the permits. in a local publication, whichever is Btu-weighted annual average rate for the later. If significant, adverse comments same units had they each been operated, SUMMARY: The U.S. Environmental are timely received on any permit during the same period of time, in Protection Agency is issuing draft Phase modification in this direct final action, compliance with the applicable II acid rain permits to 3 affected sources that permit modification will be emission limitation in 40 CFR 76.5. For in accordance with the Acid Rain withdrawn through a notice in the each unit in the plan, each plan also Program regulations (40 CFR part 72). Federal Register. includes emission limits and/or annual Because the Agency does not anticipate receiving adverse comments, the draft ADDRESSES: Administrative Records. heat input limits, with which the units permits are also being issued as a direct The administrative record for the must comply if the requirement final action in the notice of final acid permits, except information protected as concerning the Btu-weighted average rain permits published elsewhere in confidential, may be viewed during emission rate for the units as a group is today’s Federal Register. normal operating hours at the following not met. The following plans are being locations: for plants in Maryland, approved: DATES: Comments on the draft permits Pennsylvania, or West Virginia, EPA R P Smith units 9 and 11 in Maryland, proposed by this action must be Region 3, 841 Chestnut Building, Armstrong units 1 and 2, and Mitchell received on or before December 18, 1997 Philadelphia, PA, 19107; for plants in unit 33 in Pennsylvania, and Albright or 30 days after publication of a similar Florida, Georgia, Kentucky, or units 1, 2, and 3, Fort Martin unit 1, notice in a local newspaper. Mississippi, EPA Region 4, 100 Alabama Harrison units 1, 2, and 3, and Pleasants ADDRESSES: Administrative Records. Street, SW, Atlanta, GA, 30303. units 1 and 2 in West Virginia will each The administrative record for each draft Comments. Send comments, requests comply with three identical NOX permit, except information protected as for public hearings, and requests to averaging plans, one for each year, confidential, may be viewed during receive notice of future actions to: for 1997–1999. The designated normal operating hours at the following plants in Maryland, Pennsylvania, or representative is Donald R. Feenstra. locations: West Virginia, EPA Region 3, Air, Bowen units 1BLR, 2BLR, 3BLR, and For Deseret Bonanza in Utah: U.S. EPA Radiation, and Toxics Division, Attn: 4BLR, Hammond units 1, 2, 3, and 4, Region 8, Air Program, 999 18th St., Linda Miller (address above); for plants Jack McDonough units MB1 and MB2, Suite 500, Denver, CO 80202–2466; in Florida, Georgia, Kentucky, or Wansley units 1 and 2, Yates units For Navajo in Arizona and Four Corners Mississippi, EPA Region 4, Air, Y1BR, Y2BR, Y3BR, Y4BR, Y5BR, in New Mexico: U.S. EPA Region 9, Pesticides and Toxics Management Y6BR, and Y7BR, Arkwright units 1, 2, 75 Hawthorne St., San Francisco, CA Division, Attn: Scott Davis (address 3, and 4, Harllee Branch unit 2, Mitchell 94105. above). Submit comments in duplicate unit 3, Scherer unit 3, Kraft units 1, 2, Comments. Send comments, requests and identify the permit to which the and 3, and McIntosh unit 1 in Georgia for public hearings, and requests to comments apply, the commenter’s will each comply with a NOX averaging receive notice of future actions name, address, and telephone number, plan for 1997–1999. The designated concerning a draft permit to: and the commenter’s interest in the representative is R. H. Haubein, Jr. For Deseret Bonanza in Utah: Richard matter and affiliation, if any, to the Crist units 4, 5, 6, and 7, and Scholz Long, Air Program Director, Office of owners and operators of all units in the units 1 and 2 in Florida, and Jack Pollution Prevention, State and Tribal plan. All timely comments will be Watson units 4 and 5 and Victor J. Assistance, (8P2–A) (address above); considered, except those pertaining to Daniel units 1 and 2 in Mississippi will For Navajo in Arizona and Four Corners standard provisions under 40 CFR 72.9 each comply with a NOX averaging plan in New Mexico: David Howekamp, or issues not relevant to the permit or for 1997–1999. The designated Director, Air and Toxics Division, (A– the permit modification. representative is Robert G. Moore. 5–2) (address above). Hearings. To request a public hearing, E W Brown units 1, 2, and 3, Ghent Submit all comments in duplicate and state the issues proposed to be raised in unit 1, and Green River unit 5 in identify the draft permit to which the the hearing. EPA may schedule a Kentucky will each comply with three comments apply, the commenter’s hearing if EPA finds that it will identical NOX averaging plans, one for name, address, and telephone number, contribute to the decision-making each year, 1997–1999. The designated and the commenter’s interest in the process by clarifying significant issues representative is Wayne T. Lucas. matter and affiliation, if any, to the affecting a NOX compliance plan. Dated: November 12, 1997. owners and operators of all units FOR FURTHER INFORMATION CONTACT: For Janice K. Wagner, covered by the draft permit. All timely plants in Maryland, Pennsylvania, or Acting Director, Acid Rain Division. Office comments will be considered, except West Virginia, call Linda Miller, (215) of Atmospheric Programs, Office of Air and those pertaining to standard provisions 566–2068; for plants in Florida, Georgia, Radiation. under 40 CFR 72.9 and issues not Kentucky, or Mississippi, call Scott [FR Doc. 97–30239 Filed 11–17–97; 8:45 am] relevant to the draft permit. Davis, (404) 562–9127. Hearings. To request a public hearing BILLING CODE 6560±50±P SUPPLEMENTARY INFORMATION: Title IV of on a draft permit, submit a written the Clean Air Act directs EPA to request stating the issues proposed to be establish a program to reduce the ENVIRONMENTAL PROTECTION raised in the hearing and explaining adverse effects of acidic deposition by AGENCY how a hearing will contribute to the promulgating rules and issuing permits decision-making process. EPA may to emission sources subject to the [FRL±5922±9] schedule a hearing if EPA finds that it will contribute to the decision-making program. In today’s action, EPA is Acid Rain Program: Notice of Draft process by clarifying significant issues approving permit modifications that Phase II Acid Rain Permits include approval of emissions averaging affecting the draft permit. plans for NOX. Under each year in each AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: For plan, the actual Btu-weighted annual Agency (EPA). Deseret Bonanza in Utah: Mike Owens, Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61503

U.S. EPA Region 8, (303) 312–6440; for permit in this direct final action, that Dated: November 12, 1997. Navajo in Arizona and Four Corners in permit will be withdrawn through a Janice K. Wagner, New Mexico: Robert Baker, U.S. EPA notice in the Federal Register. Acting Director, Acid Rain Division, Office Region 9, (415) 744–1258. of Atmospheric Programs, Office of Air and ADDRESSES: Administrative Records. Radiation. SUPPLEMENTARY INFORMATION: If no The administrative record for each draft [FR Doc. 97–30247 Filed 11–17–97; 8:45 am] significant, adverse comments are permit, except information protected as timely received, no further activity is confidential, may be viewed during BILLING CODE 6560±50±P contemplated in relation to these draft normal operating hours at the following permits and the permits issued as a locations: direct final action in the notice of final ENVIRONMENTAL PROTECTION acid rain permits published elsewhere For Deseret Bonanza in Utah: U.S. EPA AGENCY in today’s Federal Register will Region 8, Air Program, 999 18th St., [FRL±5923±4] automatically become final on the date Suite 500, Denver, CO 80202–2466; specified in that notice. If significant, For Navajo in Arizona and Four Corners Acid Rain Program: Notice of a Direct adverse comments are timely received in New Mexico: U.S. EPA Region 9, Final Opt-in Permit on any draft permit, that permit in the 75 Hawthorne St., San Francisco, CA AGENCY: Environmental Protection notice of final acid rain permits will be 94105. Agency (EPA). withdrawn. Because the Agency will not FOR FURTHER INFORMATION CONTACT: For ACTION: Notice of a direct final opt-in institute a second comment period on Deseret Bonanza in Utah: Mike Owens, permit. this notice of draft acid rain permits, U.S. EPA Region 8, (303) 312–6440; for any parties interested in commenting Navajo in Arizona and Four Corners in SUMMARY: The U.S. Environmental should do so during this comment New Mexico: Robert Baker, U.S. EPA Protection Agency is issuing, as a direct period. Region 9, (415) 744–1258. final action, an opt-in permit to For further information and a detailed Dairyland Power Cooperative’s Alma description of the permits, see the SUPPLEMENTARY INFORMATION: Public facility in Wisconsin in accordance with information provided in the notice of comments received on any permit in the Acid Rain Permits and Opt-in final acid rain permits elsewhere in this direct final action on which regulations (40 CFR parts 72 and 74, today’s Federal Register. significant, adverse comments are respectively). Because the Agency does Dated: November 12, 1997. timely received will be addressed in a not anticipate receiving adverse Janice K. Wagner, subsequent issuance or denial of an acid comments, the permit is being issued as rain permit based on the relevant draft Acting Director, Acid Rain Division, Office a direct final action. of Atmospheric Programs, Office of Air and permit in the notice of draft acid rain DATES: The permit issued in this direct Radiation. permits that is published elsewhere in final action will be final on December [FR Doc. 97–30246 Filed 11–17–97; 8:45 am] today’s Federal Register and that is 29, 1997 or 40 days after publication of identical to this direct final action. BILLING CODE 6560±50±P a similar notice in a local newspaper, U.S. EPA is issuing, under 40 CFR whichever is later, unless significant, 72.74, Phase II acid rain permits that adverse comments are received by ENVIRONMENTAL PROTECTION specify the following annual sulfur December 18, 1997 or 30 days after AGENCY dioxide emission allowances and publication of a similar document in a compliance plans for the following local newspaper, whichever is later. If [FRL±5923±1] affected sources: significant, adverse comments are timely received on the permit in this Acid Rain Program: Notice of Direct Region 8 Final Phase II Acid Rain Permits direct final action, the permit will be Bonanza in Utah: 10,709 allowances withdrawn through a notice in the AGENCY: Environmental Protection for unit 1–1. The designated Federal Register. Agency (EPA). representative is F. Elgin Ward. ADDRESSES: Administrative Record. The ACTION: Notice of final acid rain permits. administrative record for the draft Region 9 permit, except information protected as SUMMARY: The U.S. Environmental Navajo in Arizona: 26,009 allowances confidential, may be viewed during Protection Agency is issuing, as a direct normal operating hours at the following final action, Phase II acid rain permits for unit 1, 24,062 allowances for unit 2, and 24,840 allowances for unit 3. The location: U.S. EPA Region 5, 77 West to 3 affected sources in accordance with Jackson Blvd., Chicago, Illinois. the Acid Rain Program regulations (40 designated representative is Nils I. Larson. FOR FURTHER INFORMATION CONTACT: CFR part 72). Because the Agency does Beth Valenziano, U.S. EPA Region 5, not anticipate receiving adverse Four Corners in New Mexico: 3,565 (312) 886–2703. allowances for unit 1, 3,561 allowances comments, the permits are being issued SUPPLEMENTARY INFORMATION: Public as a direct final action. for unit 2, 4,443 allowances for unit 3, comments received on the permit in this DATES: Each of the permits issued in this 12,406 allowances for unit 4, and 13,170 direct final action in which significant, direct final action will be final on allowances for unit 5. The designated adverse comments are timely received December 29, 1997 or 40 days after representative is John R. Denman. will be addressed in a subsequent publication of a similar notice in a local The number of allowances allocated issuance or denial of an opt-in permit newspaper, whichever is later, unless to these units by U.S. EPA may change based on the draft opt-in permit in the significant, adverse comments are in a 1998 revision to 40 CFR part 73 notice of a draft opt-in permit that is received by December 18, 1997 or 30 Tables 2, 3, and 4. Such a change will published elsewhere in today’s Federal days after publication of a similar not necessitate a revision to the unit SO2 Register and that is identical to this document in a local newspaper, allowance allocations identified in the direct final action. whichever is later. If significant, adverse permits for these affected sources (See The Opt-in Program, as part of the comments are timely received on any 40 CFR 72.84). Acid Rain Program, is designed to allow 61504 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices certain non-utility units that are ADDRESSES: Administrative Record. The ENVIRONMENTAL PROTECTION otherwise not obligated to participate in administrative record for the draft AGENCY the Acid Rain Program (‘‘unaffected’’ permit, except information protected as units) to voluntarily elect to become confidential, may be viewed during [FRL±5922±6] affected and subject to the requirements normal operating hours at the following of the Acid Rain Program. As such, opt- location: U.S. EPA Region 5, 77 West Smith's Farm Site; Notice of Proposed in units must hold allowances to Jackson Blvd., Chicago, Illinois. Settlement account for sulfur dioxide emissions, Comments. Send comments, requests AGENCY: Environmental Protection monitor emissions in the same way that for public hearings, and requests to Agency (EPA). other affected sources do, and apply for receive notice of future actions and obtain an opt-in permit. The U.S. concerning a draft permit to: David Kee, ACTION: Notice of proposed settlement. Environmental Protection Agency is Director, Air and Radiation Division SUMMARY: Under section 122(g)(4) of issuing an opt-in permit for the Alma (AT18J) (address above). the Comprehensive Environmental facility in accordance with the Acid Submit all comments in duplicate and Response, Compensation, and Liability Rain Permits and Opt-in regulations (40 identify the commenter’s name, address, Act of 1980 (CERCLA), as amended by CFR parts 72 and 74, respectively). The and telephone number, and the the Superfund Amendments and opt-in permit for Alma specifies the commenter’s interest in the matter and Reauthorization Act of 1986 (SARA), following allowances to be allocated affiliation, if any, to the owners and Pub. L. 99–499, 42 U.S.C. 9601 et. seq., annually by EPA to each boiler (unit) at operators of all units covered by the the Environmental Protection Agency Alma: 537 for each year 1998 through draft permit. All timely comments will (EPA) has agreed to settle claims for 2002 to unit B1; 518 for each year 1998 be considered, except those pertaining response costs as the Smith’s Farm Site, through 2002 to unit B2; 455 for each to standard provisions under 40 CFR Sheperdsville, Bullitt County, Kentucky, year 1998 through 2002 to unit B3. 72.9 and issues not relevant to the draft with the following twenty (20) parties: This opt-in permit does not affect the permit. (1.) AC&S, (2.), American Air Filter responsibility of units at Alma to meet Hearings. To request a public hearing Company, Inc., (3.), Beazer East , Inc., all other existing local, state, and federal on the draft permit, submit a written (4.) Chevron U.S.A., Inc., (5.) Conco, requirements related to sulfur dioxide. request stating the issues proposed to be Inc., (6.) Double Envelope Corporation, The designated representative is John P. raised in the hearing and explaining (7.) Dover Resources, Inc. (C. Lee Cook Leifer. how a hearing will contribute to the Division), (8.) Dow Chemical Company, Dated: November 12, 1997. decision-making process. EPA may (9.), E.I. du Pont de Nemours & Janice K. Wagner, schedule a hearing if EPA finds that it Company, (10.) Elf Atochem North Acting Director, Acid Rain Division, Office will contribute to the decision-making America, Inc. (M & T Chemicals, Inc., of Atmospheric Programs, Office of Air and process by clarifying significant issues and Pennwalt, Inc.), (11.) Flexible Radiation. affecting the draft permit. Materials, (12.) Grow Group, Inc., (13.) [FR Doc. 97–30249 Filed 11–17–97; 8:45 am] FOR FURTHER INFORMATION CONTACT: Beth Louisville Gas and Electric Company, BILLING CODE 6560±50±M Valenziano, U.S. EPA Region 5, (312) (14.) Louisville/Jefferson County 886–2703. Metropolitan Sewer District, (15.), SUPPLEMENTARY INFORMATION: If no Monsanto Company, (16.) Morton ENVIRONMENTAL PROTECTION significant, adverse comments are International, Inc., (17.) Philip Morris, AGENCY timely received, no further activity is (18.) Specialty Systems of Ohio contemplated in relation to the draft Construction, Inc., (19.) Tuscarora, Inc. [FRL±5923±5] permit and the permit issued as a direct (formerly Tuscarora Plastics, Inc.), (20.) final action in the notice of a final opt- Whayne Supply Company. Acid Rain Program: Notice of a Draft in permit published elsewhere in EPA will consider public comments Opt-in Permit today’s Federal Register will on the proposed settlements for thirty (30) days. EPA may withdraw from or AGENCY: Environmental Protection automatically become final on the date modify the proposed settlements should Agency (EPA). specified in that notice. If significant, adverse comments are timely received such comments disclose facts or ACTION: Notice of a draft opt-in permit. on the draft permit, that permit in the considerations which indicate the proposed settlement is inappropriate, SUMMARY: The U.S. Environmental notice of a final opt-in permit will be improper, or inadequate. Copies of the Protection Agency is issuing a draft opt- withdrawn. Because the Agency will not settlements are available from: Ms. in permit to Dairyland Power institute a second comment period on Paula V. Batchelor, U.S. Environmental Cooperative’s Alma facility in this notice of a draft opt-in permit, any Protection Agency, Region 4, Atlanta Wisconsin in accordance with the Acid parties interested in commenting should Federal Center, Program Services Rain Permits and Opt-in regulations (40 do so during this comment period. Branch, Cost Recovery Section, 61 CFR parts 72 and 74, respectively). For further information and a detailed Forsyth Street, SW., Atlanta, Georgia Because the Agency does not anticipate description of the permit, see the 30303–3104, 404–562–8887. receiving adverse comments, the draft information provided in the notice of a Written comments must be submitted permit is also being issued as a direct final opt-in permit elsewhere in today’s to Mr. Ray Strickland at the above final action in the notice of a final opt- Federal Register. address within thirty (30) days from the in permit published elsewhere in Dated: November 12, 1997. date of publication. today’s Federal Register. Janice K. Wagner, Dated: October 30, 1997. DATES: Comments on the draft permit Acting Director, Acid Rain Division, Office proposed by this action must be of Atmospheric Programs, Office of Air and Jewell A. Harper, received on or before December 18, 1997 Radiation. Acting Director, Waste Management Division. or 30 days after publication of a similar [FR Doc. 97–30250 Filed 11–17–97; 8:45 am] [FR Doc. 97–30248 Filed 11–17–97; 8:45 am] document in a local newspaper. BILLING CODE 6560±50±P BILLING CODE 6560±50±M Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61505

FEDERAL COMMUNICATIONS profit; small businesses or SUPPLEMENTARY INFORMATION: Notice is COMMISSION organizations. hereby given that, in a letter dated Number of Respondents: 11,500. November 1, 1997, the President Notice of Public Information Estimated Time Per Response: 1 hour. declared a major disaster under the Collection(s) Being Reviewed by the Frequency of Response: On occasion authority of the Robert T. Stafford Federal Communications Commission reporting requirement. Disaster Relief and Emergency Total Annual Burden: 11,500 hours. Assistance Act (42 U.S.C. 5121 et seq.), November 12, 1997. Needs and Uses: The Commission as follows: SUMMARY: The Federal Communications requests this collection of information I have determined that the damage in Commission, as part of its continuing as a method for licensees to provide effort to reduce paperwork burden certain areas of the State of Nebraska, information to verify a station has been resulting from severe snow storms, rain, and invites the general public and other placed into operation and to notify the strong winds on October 24–26, 1997, is of Federal agencies to take this Commission of the actual number of sufficient severity and magnitude to warrant opportunity to comment on the mobile units placed in operation after a major disaster declaration under the Robert following information collection(s), as license grant. From this data, the T. Stafford Disaster Relief and Emergency required by the Paperwork Reduction Commission is able to determine full Assistance Act (‘‘the Stafford Act’’). I, therefore, declare that such a major disaster Act of 1995, Public Law 104–13. An capacity channel loading, making agency may not conduct or sponsor a exists in the State of Nebraska. frequencies available for assignment and In order to provide Federal assistance, you collection of information unless it modifying or cancelling licenses. The displays a currently valid control are hereby authorized to allocate from funds data collected ensures licensees are not available for these purposes, such amounts as number. No person shall be subject to authorized for more mobiles than they you find necessary for Federal disaster any penalty for failing to comply with are actually using. The revision is being assistance and administrative expenses. a collection of information subject to the submitted to clarify the types of uses of You are authorized to provide Paperwork Reduction Act (PRA) that the form and frequency of use. We reimbursement for debris removal and does not display a valid control number. believe that this use is already cleared emergency protective measures under the Public Assistance program, and Hazard Comments are requested concerning (a) through OMB but in response to recent whether the proposed collection of Mitigation in the designated areas. Consistent public comment, we are submitting this with the requirement that Federal assistance information is necessary for the proper clarification. Except under limited performance of the functions of the be supplemental, any Federal funds provided circumstances, certain Part 90 licenses under the Stafford Act for Public Assistance Commission, including whether the may not be transferred or assigned or Hazard Mitigation will be limited to 75 information shall have practical utility; unless the underlying facility is percent of the total eligible costs. (b) the accuracy of the Commission’s constructed. This form will also be used burden estimate; (c) ways to enhance to determine compliance with the The time period prescribed for the the quality, utility, and clarity of the Commission’s construction rules when implementation of section 310(a), information collected; and (d) ways to this information is not available from Priority to Certain Applications for minimize the burden of the collection of either a previous submission, manual Public Facility and Public Housing information on the respondents, records, or currently in the licensing Assistance, 42 U.S.C. 5153, shall be for including the use of automated database. a period not to exceed six months after collection techniques or other forms of the date of this declaration. Federal Communications Commission. information technology. Notice is hereby given that pursuant William F. Caton, DATES: Written comments should be to the authority vested in the Director of submitted on or before January 20, 1998. Acting Secretary. the Federal Emergency Management If you anticipate that you will be [FR Doc. 97–30193 Filed 11–17–97; 8:45 am] Agency under Executive Order 12148, I submitting comments, but find it BILLING CODE 6712±01±P hereby appoint Warren M. Pugh, Jr. of difficult to do so within the period of the Federal Emergency Management time allowed by this notice, you should Agency to act as the Federal advise the contact listed below as soon FEDERAL EMERGENCY Coordinating Officer for this declared as possible. MANAGEMENT AGENCY disaster. ADDRESSES: Direct all comments to Judy [FEMA±1190±DR] I do hereby determine the following Boley, Federal Communications areas of the State of Nebraska to have Commission, Room 234, 1919 M St., Nebraska; Major Disaster and Related been affected adversely by this declared N.W., Washington, DC 20554 or via Determinations major disaster: internet to [email protected]. AGENCY: Reimbursement for debris removal and FOR FURTHER INFORMATION CONTACT: For Federal Emergency Management Agency (FEMA). emergency protective measures under the additional information or copies of the Public Assistance program will be provided information collection(s), contact Judy ACTION: Notice. for the counties of Adams, Banner, Buffalo, Boley at 202–418–0214 or via internet at Butler, Cass, Cheyenne, Clay, Custer, SUMMARY: [email protected]. This is a notice of the Dawson, Douglas, Fillmore, Franklin, Furnas, Presidential declaration of a major Frontier, Gosper, Hall, Hamilton, Hitchcock, SUPPLEMENTARY INFORMATION: disaster for the State of Nebraska Harlan, Hayes, Kearney, Kimball, Lancaster, OMB Control No.: 3060–0444. (FEMA–1190–DR), dated November 1, Lincoln, Nuckolls, Otoe, Phelps, Polk, Red 1997, and related determinations. Willow, Saline, Sarpy, Saunders, Scotts Title: Station Construction/ Bluff, Seward, Thayer, Washington, Webster, EFFECTIVE DATE: November 1, 1997. Operational Status Inquiry. and York. Form No.: FCC 800–A. FOR FURTHER INFORMATION CONTACT: Type of Review: Revision of a Madge Dale, Response and Recovery All counties within the State of currently approved collection. Directorate, Federal Emergency Nebraska are eligible to apply for Respondents: Individuals or Management Agency, Washington, DC assistance under the Hazard Mitigation households; businesses or other for 20472, (202) 646–3260. Grant Program. 61506 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

(Catalog of Federal Domestic Assistance No. available in the U.S. Nuclear Regulatory and 60512 of the issue for Monday, 83.516, Disaster Assistance) Commission’s Public Docket Rooms and November 10, 1997. James L. Witt, the commercial nuclear power plants Under the Federal Reserve Bank of Director. utilities’ Public Docket Rooms and on Minneapolis heading, the entry for [FR Doc. 97–30236 Filed 11–17–97; 8:45 am] FEMA’s website (www.fema.gov). All Angeline R. Mixner, Worthington, BILLING CODE 6718±02±P three meetings will be open to the Minnesota, is revised to read as follows: public. A. Federal Reserve Bank of Individuals or representatives of Minneapolis (Karen L. Grandstrand, FEDERAL EMERGENCY organizations who plan to attend the Vice President) 250 Marquette Avenue, MANAGEMENT AGENCY meeting or make oral presentations Minneapolis, Minnesota 55480-2171: should call 1–800–814–0338 on or 1. Angeline R. Mixner, Worthington, Public Meetings; Radiological before 5:00 PM, November 26, 1997. Minnesota; to acquire additional voting Emergency Preparedness (REP) Please leave your name and telephone shares of Madison Agency, Inc., Sioux Program Strategic Review number, which meeting you wish to Falls, South Dakota, and thereby attend, and whether you will make a indirectly acquire First Security Bank - AGENCY: Federal Emergency Sanborn, Sanborn, New Mexico. Management Agency (FEMA). presentation. We ask that you limit your presentations to five minutes. Comments on this application must ACTION: Notice of public meetings. Written comments are also invited be received by November 26, 1997. SUMMARY: FEMA announces the and may be sent to Nancy H. Goldstein, Board of Governors of the Federal Reserve following public meetings: Federal Emergency Management System, November 12, 1997. Name: REP Program Strategic Review Agency, 500 C Street, SW; room 514, Jennifer J. Johnson, At-Large Stakeholder Meetings. Washington, DC 20472. Deputy Secretary of the Board. Dates: The public meetings will be Dated: November 12, 1997. [FR Doc. 97–30156 Filed 11–17–97; 8:45 am] held in San Francisco, California, on Kay C. Goss, BILLING CODE 6210±01±F December 2, 1997; St. Louis, Missouri, Associate Director for Preparedness, Training on December 4, 1997; and Washington, and Exercises. FEDERAL RESERVE SYSTEM DC on December 5, 1997. Any [FR Doc. 97–30235 Filed 11–17–97; 8:45 am] individuals or organizations interested BILLING CODE 6718±06±P in attending one of the public meetings Formations of, Acquisitions by, and or making oral presentations must so Mergers of Bank Holding Companies indicate by 5:00 PM, November 26, FEDERAL HOUSING FINANCE BOARD The companies listed in this notice 1997. have applied to the Board for approval, Time of Meetings: 9:00 am–4:00 pm. Sunshine Act Meeting pursuant to the Bank Holding Company Locations: Post Theatre, Building 99, Act of 1956 (12 U.S.C. 1841 et seq.) Presidio of San Francisco, California Federal Register Citation of Previous (BHC Act), Regulation Y (12 CFR Part 94129; St. Louis University, Bush Announcement: 62 FR 60510, November 225), and all other applicable statutes Memorial Center, St. Louis Room, 210 10, 1997. and regulations to become a bank N. Grand, St. Louis, Missouri 63101; Previously Announced Time and Date holding company and/or to acquire the and the University of the District of of the Meeting: 10:00 a.m. Wednesday, assets or the ownership of, control of, or Columbia, Main University Auditorium, November 12, 1997. the power to vote shares of a bank or 4200 Connecticut Avenue, NW, Change in the Meeting: The following bank holding company and all of the Washington , DC. topic was added to the open portion of banks and nonbanking companies Proposed Agenda: The public the meeting: owned by the bank holding company, • meetings will begin at 9:00 am with a Discussion of Federal Home Loan including the companies listed below. presentation by the Strategic Review Banks Salary Caps for 1998 The applications listed below, as well Steering Committee (SRSC) on the The Board determined that agency as other related filings required by the background of the REP Program business required its consideration of Board, are available for immediate Strategic Review, including concept this matter on less than seven days inspection at the Federal Reserve Bank papers developed during the review. notice to the public and that no earlier indicated. The application also will be The meeting will then turn to attendees notice of this change in the subject available for inspection at the offices of who have indicated that they want to matter of the meeting was possible. the Board of Governors. Interested make oral presentations, and the SRSC CONTACT PERSON FOR MORE INFORMATION: persons may express their views in will respond to any questions that may Elaine L. Baker, Secretary to the Board, writing on the standards enumerated in be asked. The meeting will adjourn after (202) 408–2837. the BHC Act (12 U.S.C. 1842(c)). If the the attendees have completed their William W. Ginsberg, proposal also involves the acquisition of presentations and any interaction on the Managing Director. a nonbanking company, the review also subject matter, but in any event, no later [FR Doc. 97–30385 Filed 11–14–97; 1:24 pm] includes whether the acquisition of the than 4 pm. nonbanking company complies with the BILLING CODE 6725±01±P SUPPLEMENTARY INFORMATION: The REP standards in section 4 of the BHC Act. Program Strategic Review was Unless otherwise noted, nonbanking announced in the Federal Register on activities will be conducted throughout FEDERAL RESERVE SYSTEM July 8, 1996. Comments from 60 entities the United States. were received and reviewed by the Change in Bank Control Notices; Unless otherwise noted, comments SRSC. Concept papers developed by the Acquisitions of Shares of Bank or regarding each of these applications SRSC were reviewed by Government Bank Holding Companies; Correction must be received at the Reserve Bank Stakeholders in September and will be indicated or the offices of the Board of reviewed by Federal Stakeholders in This notice corrects a notice (FR Doc. Governors not later than December 10, November. These documents are 97-29641) published on pages 60511 1997. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61507

A. Federal Reserve Bank of FEDERAL RESERVE SYSTEM PLACE: Marriner S. Eccles Federal Richmond (A. Linwood Gill III, Reserve Board Building, 20th and C Assistant Vice President) 701 East Byrd Notice of Proposals to Engage in Streets, N.W., Washington, D.C. 20551. Street, Richmond, Virginia 23261-4528: Permissible Nonbanking Activities or STATUS: Closed. 1. Morgantown Bancshares, Inc., to Acquire Companies that are Morgantown, West Virginia; to become Engaged in Permissible Nonbanking MATTERS TO BE CONSIDERED: a bank holding company by acquiring Activities 1. Proposals regarding the schematic 100 percent of the voting shares of design and costs of a Federal Reserve The companies listed in this notice Citizens Bank of Morgantown, Bank’s new building project. have given notice under section 4 of the Morgantown, West Virginia. 2. Federal Reserve Bank and Branch Bank Holding Company Act (12 U.S.C. B. Federal Reserve Bank of St. Louis director appointments. 1843) (BHC Act) and Regulation Y, (12 (Randall C. Sumner, Vice President) 411 3. Personnel actions (appointments, CFR Part 225) to engage de novo, or to Locust Street, St. Louis, Missouri 63102- promotions, assignments, acquire or control voting securities or 2034: reassignments, and salary actions) 1. Rockhold BanCorp., Kirksville, assets of a company that engages either involving individual Federal Reserve Missouri; to become a bank holding directly or through a subsidiary or other System employees. company by acquiring 100 percent of company, in a nonbanking activity that 4. Any items carried forward from a the voting shares of Bank of Kirksville, is listed in § 225.28 of Regulation Y (12 previously announced meeting. CFR 225.28) or that the Board has Kirksville, Missouri. CONTACT PERSON FOR MORE INFORMATION: determined by Order to be closely 2. Unity Bancshares, L.L.C., St. Louis, Joseph R. Coyne, Assistant to the Board; related to banking and permissible for Missouri; to become a bank holding 202–452–3204. bank holding companies. Unless company by acquiring 54.3 percent of SUPPLEMENTARY INFORMATION: You may the voting shares of St. Johns otherwise noted, these activities will be conducted throughout the United States. call 202–452–3206 beginning at Bancshares, Inc., St. Louis, Missouri, approximately 5 p.m. two business days and thereby indirectly acquire St. Johns Each notice is available for inspection at the Federal Reserve Bank indicated. before the meeting for a recorded Bank and Trust Company, St. Louis, announcement of bank and bank Missouri. The notice also will be available for inspection at the offices of the Board of holding company applications C. Federal Reserve Bank of Dallas scheduled for the meeting; or you may (Genie D. Short, Vice President) 2200 Governors. Interested persons may express their views in writing on the contact the Board’s Web site at http:// North Pearl Street, Dallas, Texas 75201- www.bog.frb.fed.us for an electronic 2272: question whether the proposal complies with the standards of section 4 of the announcement that not only lists 1. Texas Financial Bancorporation, applications, but also indicates Inc., Minneapolis, Minnesota; to acquire BHC Act. Unless otherwise noted, comments procedural and other information about 86.49 percent of the voting shares of the meeting. Community Bank of Arizona, regarding the applications must be Wickenburg, Arizona. received at the Reserve Bank indicated Dated: November 14, 1997. 2. Texas Financial Bancorporation, or the offices of the Board of Governors Jennifer J. Johnson, Inc., Minneapolis, Minnesota; to acquire not later than December 2, 1997. Deputy Secretary of the Board. 100 percent of Conrad Company, A. Federal Reserve Bank of Atlanta [FR Doc. 97–30429 Filed 11–14–97; 3:40 pm] (Lois Berthaume, Vice President) 104 Minneapolis, Minnesota, which owns BILLING CODE 6210±01±P 98.84 percent of the voting shares of The Marietta Street, N.W., Atlanta, Georgia Bank of Santa Fe, Santa Fe, New 30303-2713: 1. Citizens Bancshares Corporation, Mexico, and 100 percent of the voting FEDERAL TRADE COMMISSION shares of Farmers State Bank of Atlanta, Georgia; to acquire FSB Montana, Conrad, Montana, and 36.60 Mortgage Services, Inc., Decatur, Granting of Request for Early percent of the voting shares of National Georgia, and thereby engage in Termination of the Waiting Period Mercantile Bancorp, Los Angeles, providing residential mortgage lending Under the Premerger Notification California, which owns 100 percent of and mortgage brokering services, Rules the voting shares of Mercantile National pursuant to §§ 225.28(b)(1) & (2) of the Bank, Los Angeles, California. Board’s Regulation Y. This activity will Section 7A of the Clayton Act, 15 D. Federal Reserve Bank of San be conducted throughout the state of U.S.C. 18a, as added by Title II of the Francisco (Pat Marshall, Manager of Georgia. Hart-Scott-Rodino Antitrust Analytical Support, Consumer Board of Governors of the Federal Reserve Improvements Act of 1976, requires Regulation Group) 101 Market Street, System, November 12, 1997. persons contemplating certain mergers San Francisco, California 94105-1579: Jennifer J. Johnson, or acquisitions to give the Federal Trade 1. Urban Bank, Makati City, Deputy Secretary of the Board. Commission and the Assistant Attorney General advance notice and to wait Philippines; to become a bank holding [FR Doc. 97–30155 Filed 11–17–97; 8:45 am] designated periods before company by acquiring 100 percent of BILLING CODE 6210±01±F the voting shares of Redwood Bancorp, consummation of such plans. Section San Francisco, California, and thereby 7A(b)(2) of the Act permits the agencies, indirectly acquire Redwood Bank, San FEDERAL RESERVE SYSTEM in individual cases, to terminate this Francisco, California. waiting period prior to its expiration Sunshine Act Meeting and requires that notice of this action be Board of Governors of the Federal Reserve published in the Federal Register. System, November 12, 1997. AGENCY HOLDING THE MEETING: Board of The following transactions were Jennifer J. Johnson, Governors of the Federal Reserve granted early termination of the waiting Deputy Secretary of the Board. System. period provided by law and the [FR Doc. 97–30157 Filed 11–17–97; 8:45 am] TIME AND DATE: 11:00 a.m., Monday, premerger notification rules. The grants BILLING CODE 6210±01±F November 24, 1997. were made by the Federal Trade 61508 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

Commission and the Assistant Attorney Department of Justice. Neither agency to these proposed acquisitions during General for the Antitrust Division of the intends to take any action with respect the applicable waiting period.

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN 10±13±97 AND 10±24±97

Date termi- Name of acquiring person, name of acquired person, name of acquired entity PMN No. nated

Edward P. Fitts, Jr., Temple-Inland, Inc., Temple-Inland Food Service Corporation ...... 97±3532 10/14/97 The Estee Lauder Companies, Inc., Sassaby, Inc., Sassaby, Inc ...... 97±3678 10/14/97 Philip Services Corporation, Southern Foundry Supply, Inc., Southern Foundry Supply, Inc ...... 97±3469 10/15/97 Philip Services Corporation, Noah Liff, Steiner-Liff Iron & Metal Company; McKinley Iron, Inc ...... 97±3475 10/15/97 Philip Services Corporation, Robert H. Wilson, Shredders, Inc ...... 97±3476 10/15/97 Philip Services Corporation (a Canadian company), Albert A. Baisley, Southern Alloys and Metals Corporation 97±3477 10/15/97 PhyCor, West Florida Medical Center Clinic, P.A., West Florida Medical Center Clinic, P.A ...... 97±3595 10/15/97 Laidlaw, Inc., Spectrum Healthcare Services, Inc., Spectrum Emergency Care, Inc ...... 97±3598 10/15/97 Mr. Sumner M. Redstone, Raymond B. Bottom, Jr., Centennial Communications, Inc ...... 97±3613 10/15/97 ALZA Corporation, Hoechst AG (a German company), Hoechst Marion Russel, Inc ...... 97±3621 10/15/97 Pioneer Companies, Inc., Imperial Chemical Industries PLC, a British company, ICI Americas, Inc., ICI Can- ada, Inc ...... 97±3657 10/15/97 AAR Corp., William R. Higgins, ATR International, Inc ...... 97±3667 10/15/97 Samuel H. Howard, Baptist Hospital, Inc., Health Net TNCARE HMO, Inc. & Health Net Management ...... 97±3671 10/15/97 Illinois Tool Works Inc., Jack E. and Margaret C. Caveney, Panduit Corp ...... 97±3674 10/15/97 Paul G. Desmarais, Partners Limited, London Insurance Group Inc ...... 97±3677 10/15/97 Philips Electronics N.V., Mr. T. Russell Shields, Shields Enterprises, Inc ...... 97±3679 10/15/97 Mr. T. Russell Shields, Philips Electronics N.V., Navigation Technologies Corporation ...... 97±3680 10/15/97 Bandag, Inc., James R. Pickel, Jr., Universal Tire, Inc ...... 97±3683 10/15/97 Great Lakes Chemical Corporation, Great Lakes Chemical Corporation, Octel Associates (an English Partner- ship) ...... 97±3687 10/15/97 Viad Corp, Game Financial Corporation, Game Financial Corporation ...... 97±3703 10/15/97 General Electric Company, Dale Larson, LTC, Inc ...... 98±0011 10/15/97 Jeffrey J. Prosser, Atlantic Tele-Network, Inc., Emerging Communications, Inc ...... 98±0013 10/15/97 Booth Creek Partners Limited II, LLP, Loon Mountain Recreation Corporation, Loon Mountain Recreation Cor- poration ...... 98±0018 10/15/97 AMF Bowling, Inc., C. Dwight Mitchum, Jr., Mitchum Interest & Holdings, Inc ...... 98±0023 10/15/97 Anderson News Corporation, ARAMARK Corporation, ARAMARK Magazine & Book Services, Inc ...... 98±0028 10/15/97 General Electric Company, The Greenbrier Companies, Greenbrier Capital Corporation ...... 98±0033 10/15/97 BASF AG, Olin Corporation, Olin Corporation ...... 98±0037 10/15/97 Triarc Companies, Inc., Cable Car Beverage Corporation, Cable Car Beverage Corporation ...... 98±0044 10/15/97 Western Resources Inc., Centennial Security Holdings, Inc., Centennial Security Holdings, Inc ...... 98±0054 10/15/97 Fremont Partners, LP, Kinetic Concepts, Inc., Kinetic Concepts, Inc ...... 98±0056 10/15/97 The Carpenters Pension Trust for Southern California, Kinetic Concepts, Inc., Kinetic Concepts, Inc ...... 98±0057 10/15/97 Siebe plc, Eaton Corporation, Eaton Corporation ...... 97±3659 10/16/97 TA Advent VII, LP, Eight In One Pet Products, Inc., Eight In One Pet Products, Inc ...... 98±0053 10/16/97 Discovery Communications, Inc., Lowell W. Paxson, Paxson Communications Corporation ...... 97±3686 10/17/97 The Seagram Company Ltd (a Canadian company), Sumner M. Redstone, USA Networks; Sci-Fi Channel Eu- rope, LLC ...... 97±3699 10/17/97 Standard Management Corporation, Savers Life Insurance Company, Savers Life Insurance Company ...... 97±3536 10/18/97 Rochling Industrie Verwaltung GmbH, Kolbenschmidt AG, Kolbenschmidt AG ...... 97±3516 10/20/97 Travelers Group, Inc., Morgan Stanley, Dean Witter, Discover & Co., Van Kampen American Capital, Inc ...... 97±3554 10/20/97 Credit Suisse Group, Winterthur Swiss Insurance Group, Winterthur Swiss Insurance Group ...... 97±3658 10/20/97 United Payors & United Providers, Inc., Principal Mutual Life Insurance Company, UP & UP, Inc. (f/k/a Ameri- ca's Health Plan) ...... 97±3673 10/20/97 General Electric Company, Cameron Truesdell, LTC, Inc ...... 98±0016 10/20/97 Promus Hotel Corporation, Doubletree Corporation, Doubletree Corporation ...... 98±0039 10/20/97 Doubletree Corporation, Promus Hotel Corporation, Promus Hotel Corporation ...... 98±0040 10/20/97 Suiza Foods Corporation, The Spencer Companies Incorporated, The Midsouth Ince Company ...... 98±0045 10/20/97 William M. Lewis, Staffing Resources, Inc., Staffing Resources, Inc ...... 98±0046 10/20/97 Staffing Resources, Inc., William M. Lewis, Career Personnel Services, Inc.; Career Blazers Learnin ...... 98±0047 10/20/97 Halter Marine Group, Inc., Wallace K. Fisk, Jr., AmClyde Engineered Products, Inc ...... 98±0067 10/20/97 Jupiter Partners LP, George W. Perry, West Ark Garment Manufacturing Inc., West Ark Garment ...... 98±0070 10/20/97 I.G. Gesign, Inc., William E. Ott, Brookhurst, Inc ...... 98±0077 10/20/97 Saratoga Partners III, L.P., Koppers Industries, Inc., Koppers Industries, Inc ...... 98±0080 10/20/97 I.G. Design, Inc., I.G. Design, Inc., I.C. Isaacs & Company, L.P ...... 98±0082 10/20/97 Carlisle Companies Incorporated, Tilden Corporation, Tilden Corporation ...... 98±0091 10/20/97 Robert M. McClory, Trustee for R.M. McClory Jr. Trust, U.S. Office Products Company, U.S. Office Products Company ...... 98±0092 10/20/97 U.S. Office Products Company, Robert M. McClory, Trustee for R.M. McClory, Jr. Trust, Compel Corp ...... 98±0093 10/20/97 U.S. Office Products Company, Daniel Lee Davis Trustee for the Daniel Lee Davis Trus, Compel Corp ...... 98±0094 10/20/97 Triumph Group, Inc., Stolper-Fabralloy Company, LLC, Stolper-Fabralloy Company, LLC ...... 98±0096 10/20/97 Building Materials Holding Corporation, Lone Star Plywood & Door Corp., Lone Star Plywood & Door Corp ...... 98±0097 10/20/97 Thiokol Corporation, Carlyle-Blade Acquisition Partners, LP, Howmet International Inc ...... 98±0105 10/20/97 The B.F. Goodrich Company, Rohr, Inc., Rohr, Inc ...... 98±0106 10/20/97 Superfos a/s (a Danish company), J.B. Coxwell Contracting, Inc., J.B. Coxwell Contracting, Inc ...... 98±0108 10/20/97 MicroAge, Inc., Microretailing, Inc., Microretailing, Inc ...... 98±0114 10/20/97 Insignia Financial Group, Inc., Apollo Real Estate Investment Fund II, L.P., First Winthrop Corporation ...... 98±0117 10/20/97 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61509

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN 10±13±97 AND 10±24±97ÐContinued

Date termi- Name of acquiring person, name of acquired person, name of acquired entity PMN No. nated

U.S. Products Company, Jack and Frances Meehan, Aztec International Inc ...... 98±0130 10/20/97 Jack and Frances Meehan, U.S. Office Products Company, U.S. Office Products Company ...... 98±0131 10/20/97 Sinclair Broadcast Group, Inc., Edmund J. Muniz, Phase II Broadcasting, Inc ...... 97±3228 10/21/97 LCI International, Inc., USLD Communications Corp., USLD Communications Corp ...... 98±0066 10/21/97 UPM-Kymmene Oy, Fletcher Challenge Limited, Blandin Paper Company ...... 98±0068 10/21/97 Evergreen Media Corporation, Katz Media Group, Inc., Katz Media Group, Inc ...... 97±2910 10/22/97 Tyler Capital Fund, L.P., American Pad & Paper Company, American Pad & Paper Company ...... 98±0024 10/22/97 REMEC, Inc., Q-bit Corporation, Q-bit Corporation ...... 98±0076 10/22/97 Cincinnati Bell Inc., Maritz Inc., Maritz Inc ...... 98±0111 10/22/97 American Oncology Resources, Inc., Florida Community Cancer Centers, Florida Community Cancer Centers 98±0126 10/22/97 Jonathan O. Lee, Fesil ASA, Fesil ASA ...... 98±0127 10/22/97 United States Filter Corporation, Memtec Limited, Memtec Limited ...... 97±3589 10/23/97 Big Flower Press Holdings, Inc., Columbine BIAS, Ltd., Columbine JDS Systems, Inc ...... 97±3640 10/24/97 Morrison Knudsen Corporation, Dennis R. Washington, Montana Resources, Inc ...... 97±3689 10/24/97 Mark Torrance, Getty Investments L.L.C., Getty Images ...... 97±3691 10/24/97 Getty Investments L.L.C., Mark Torrance, PhotoDisc, Inc ...... 97±3692 10/24/97 SmithKline Beecham PLC, Aradigm Corporation, Aradigm Corporation ...... 98±0010 10/24/97 Republic Industries, Inc., Wm. Fletcher Belcher, Jim Quinlan Chevrolet, Inc ...... 98±0020 10/24/97 Republic Industries, Inc., James G. Quinlan, Quinlan Motors, Inc ...... 98±0021 10/24/97 Glenayre Technologies, Inc., Wireless Access, Inc., Wireless Access, Inc ...... 98±0048 10/24/97 American Financial Group, Inc., General Accident p.l.c. (a Scottish corporation), General Accident Life Assur- ance of Puerto Rico ...... 98±0052 10/24/97 International Paper Company, Taussig's Graphic Supply, Inc., Taussig's Graphic Supply, Inc ...... 98±0059 10/24/97 PP&L Resources, Inc., Marilyn Ware Lewis, Penn Fuel Gas, Inc ...... 98±0071 10/24/97 TA/Advent VIII, LP, Frank Deverse, International Microcircuits, Inc ...... 98±0088 10/24/97 Jewish Hospital Healthcare, Inc., Humana Inc., Lexington Hospital and Eagle Creek Medical Plaza ...... 98±0089 10/24/97 Apollo Investment Fund III, L.P., Apollo LCA Acquisition Corporation, Apollo LCA Acquisition Corporation ...... 98±0103 10/24/97 CMT Associates, L.P., Patricia E. Rodeheaver, Custom Design Telephone Systems, Inc ...... 98±0112 10/24/97 FS Equity Partners III, L.P., New York Times Company (The), New York Times Company (The) ...... 98±0113 10/24/97 Indiana Farm Bureau, Inc., United Homes Life Ins. Co., United Homes Life Ins. Co ...... 98±0116 10/24/97 BW Provisions, Inc., Vowles, Inc., Vowles, Inc ...... 98±0118 10/24/97 General Motors Corporation, General Electric Company, GE Capital Asset Management Corporation and/or Newco ...... 98±0121 10/24/97 Hilton Hotels Corporation, Hilton Hotels Corporation, Bally's Olympia Limited Partnership ...... 98±0138 10/24/97 AMF Bowling, Inc., Family Gold Centers, Inc., Lake Grove Family Grove Centers, Inc ...... 98±0144 10/24/97 M. Francois Pinault, Taylor Electric Supply, Inc., Taylor Electric Supply, Inc ...... 98±0146 10/24/97 Thomas H. Lee Equity Fund III, LP, The South African Breweries Limited (a S. Africa Co.), Vistar, Inc ...... 98±0153 10/24/97 The South African Breweries Limited (a S. Africa Co.), Thomas H. Lee Equity Fund, III, LP, Safelite Glass Corp ...... 98±0154 10/24/97 Bandag, Incorporated, Kim Lorenz, Sound Tire, Inc ...... 98±0155 10/24/97 Reed International P.L.C., Anasazi, Inc., Anasazi, Inc ...... 98±0156 10/24/97 Elsevier, NV, Anasazi, Inc., Anasazi, Inc ...... 98±0157 10/24/97 The Chase Manhattan Corporation, Apollo LCA Acquisition Corporation, Apollo LCA Acquisition Corporation ... 98±0159 10/24/97 Bandag, Incorporated, John Winkes, Sound Tire, Inc ...... 98±0163 10/24/97 Eastern Environmental Services, Inc., Ambrose Hamm, Hamms's Sanitation, Inc.; H.S.S ...... 98±0175 10/24/97 Eos Partners, L.P., Allen E. Steiner, Interstate Consolidation, Inc./Interstate Consolidation ...... 98±0180 10/24/97 Eos Partners, L.P., Gary I. Goldfein, Interstate Consolidation, Inc./Interstate Consolidation ...... 98±0181 10/24/97 Warburg, Pincus Capital, L.P., Transkaryotic Therapies, Inc., Transkaryotic Therapies, Inc ...... 98±0185 10/24/97 Richard B. Cohen, Merrill Lynch Capital Appreciation Partnership No. IX, Pathmark Stores, Inc. and Plainbridge, Inc ...... 98±0188 10/24/97 DRAKA Holding, Mr. William H. Combs, III, Tamaqua Cable Products Corp ...... 98±0189 10/24/97 CGW Southeast Partners III, L.P., J. Russell Flowers, Central States Diversified, Inc ...... 98±0195 10/24/97 Saratoga Partners III, L.P., KSCO Management, L.P., KSCO Acquisition Corporation ...... 98±0198 10/24/97 Hancock Fabrics, Inc., Silas Creek Retail, Inc., (Debtor-in-Possession), Silas Creek Retail, Inc ...... 98±0206 10/24/97 Jordan Industries, Inc., E.D. and C. Company, Inc., E.D. and C. Company, Inc ...... 98±0213 10/24/97

FOR FURTHER INFORMATION CONTACT: By Direction of the Commission. FEDERAL TRADE COMMISSION Sandra M. Peay or Parcellena P. Donald S. Clark, Fielding, Contact Representatives, Secretary. Granting of Request for Early Termination of the Waiting Period Federal Trade Commission, Premerger [FR Doc. 97–30257 Filed 11–17–97; 8:45 am] Under the Premerger Notification Notification Office, Bureau of BILLING CODE 6750±01±M Competition, Room 303, Washington, Rules DC 20580, (202) 326–3100. Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by Title II of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, requires persons contemplating certain mergers 61510 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices or acquisitions to give the Federal Trade waiting period prior to its expiration were made by the Federal Trade Commission and the Assistant Attorney and requires that notice of this action be Commission and the Assistant Attorney General advance notice and to wait published in the Federal Register. General for the Antitrust Division of the designated periods before The following transactions were Department of Justice. Neither agency consummation of such plans. Section granted early termination of the waiting intends to take any action with respect 7A(b)(2) of the Act permits the agencies, period provided by law and the to these proposed acquisitions during in individual cases, to terminate this premerger notification rules. The grants the applicable waiting period.

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 10±01±97 AND 10±10±97

Date termi- Name of acquiring person, name of acquired person, name of acquired entity PMN No. nated

The Times Mirror Company, Stanley Henry, This Week Publications, Inc ...... 97±3387 10/01/97 Ontario Teachers' Pension Board, Beneficial Corporation, Beneficial Corporation ...... 97±3492 10/01/97 Parity, plc, Jonathan Gross, Telecommunications Technology Corporation/Personnel ...... 97±3565 10/01/97 Zurich Insurance Company, Scudder, Steven & Clark, Inc., Scudder, Steven & Clark, Inc ...... 97±3582 10/01/97 Wausau Paper Mills Company, Mosinee Paper Corporation, Mosinee Paper Corporation ...... 97±3453 10/02/97 Fairview Hospital and Healthcare Services, Board of Social Ministry, Board of Social Ministry ...... 97±3481 10/02/97 McLaren Health Care Corporation, Michigan Affiliated Healthcare System, Inc., Michigan Affiliated Healthcare System, Inc ...... 97±3501 10/02/97 Mariner Health Group, Inc., Prism Health Group, Inc., Prism Health Group, Inc ...... 97±3509 10/02/97 American International Group, Inc., Eli Lilly and Company, PCS Holding Corporation ...... 97±3566 10/02/97 Leslie B. Otten, Kamori Kanko Co., Ltd., Steamboat Ski & Resort Corporation, Steamboat ...... 97±3505 10/03/97 Masaycshi Son, GlobalCenter, Inc., GlobalCenter, Inc ...... 97±3561 10/03/97 Lincolnshire Equity Fund, L.P., CGF Industries, Inc., CGF Industries, Inc ...... 97±3572 10/03/97 Timothy J. Buchanan, Alternative Living Services, Inc., Alternative Living Services, Inc ...... 97±3584 10/03/97 D. Ray Cook, Alternative Living Services, Inc., Alternative Living Services, Inc ...... 97±3585 10/03/97 Steven L. and Susan C. Vick, Alternative Living Services, Inc., Alternative Living Services, Inc ...... 97±3586 10/03/97 Pacificorp, GTE Corporation, GTE North Incorporated ...... 97±3587 10/03/97 The Walt Disney Company, Cinergi Pictures Entertainment, Inc. Cinergi Pictures Entertainment, Inc ...... 97±3596 10/03/97 Texas Utilities Company, Lufkin-Conroe Communications Co., Lufkin-Conroe Communications Co ...... 97±3597 10/03/97 Walter Industries, Inc., Charles P. Gallagher, Applied Industrial Materials Corporation ...... 97±3600 10/03/97 Transamerica Corporation, Whirlpool Corporation, Whirlpool Financial Corporation ...... 97±3602 10/03/97 Champion International Corporation, Fort James Corporation, Diamond Occidental Forest Inc ...... 97±3609 10/03/97 Adventist Health System/West, South Coast Medical Center, South Coast Medical Center ...... 97±3612 10/03/97 Allied Waste Industries, Inc., N.R. Hamm Quarry, Inc., N.R. Hamm Quarry, Inc ...... 97±3616 10/03/97 Allied Waste Industries, Inc., N.R. Hamm Contractor, Inc., N.R. Hamm Contractor, Inc ...... 97±3617 10/03/97 Mr. Jean-Charles Naouri, Casino Guichard-Perrachon, Casino Guichard-Perrachon ...... 97±3618 10/03/97 Ameritech Corporation, Republic Industries, Inc., Republic Security Companies Holding Co ...... 97±3620 10/03/97 Big Flower Press Holdings, Inc., Reinhard Mohn, (Mr.), Gruner + Jahr Printing & Publishing Co ...... 97±3622 10/03/97 Serge Godin, Teleglobe Inc., ISI Systems, Inc ...... 97±3623 10/03/97 MoneyGram Payment Systems, Inc., Mid-America Bancorp, Mid-America Money Order Company ...... 97±3625 10/03/97 Ameritech Corporation, Rollins, Inc., Rollins, Inc. (Rollins Protective Services Division) ...... 97±3626 10/03/97 Allergan, Inc. Ligand Pharmaceuticals Incorporated, Ligand Pharmaceuticals Incorporated ...... 97±3629 10/03/97 James Q. Crowe, Peter Kiewit Sons', Inc., Peter Kiewit Sons', Inc ...... 97±3631 10/03/97 Komatsu Ltd., Robert G. Thomson, Furnival Machinery Company ...... 97±3633 10/03/97 GCIH, Inc., Auburn Hoisery Mills, Inc., Auburn Hoisery Mills, Inc ...... 97±3634 10/03/97 Grey Wolf, Inc., Justiss Oil Company, Inc., Justiss Oil Company, Inc ...... 97±3635 10/03/97 Bandag, Inc., Joe W. Esco, Joe Esco Tire Co ...... 97±3636 10/03/97 Hadi B. Lashkajani, Richard E. Becker, Indian River Foods, Inc ...... 97±3638 10/03/97 A.M. Todd Group, Inc., Richard E. Becker, Indian River Foods, Inc ...... 97±3639 10/03/97 EIS, Inc., Com-Kyl, Inc., Com-Kyl, Inc ...... 97±3645 10/03/97 Blackstone Capital Partners II Merchant Banking Fund LP, Park Corporation, American Axle & Manufacturing of Michigan, Inc ...... 97±3647 10/03/97 Metal Management, Inc., Betty Albert, Superior Forge, Inc ...... 97±3648 10/03/97 Blackstone Offshore Capital Partners, II, L.P., Park Corporation, American Axle & Manufacturing of Michigan, Inc ...... 97±3649 10/03/97 Adecco, S.A., Estate of David J. McGrath, Jr., TAD Companies, TAD Technical, L.P. & TAD Temporaries ...... 97±3650 10/03/97 Bandag, Incorporated, J.W. Brewer Tire Co., Inc., J.W. Brewer Tire Co., Inc ...... 97±3655 10/03/97 Becton Dickinson and Company, SoloPak Pharmaceuticals, Inc., SoloPak Pharmaceuticals, Inc ...... 97±3656 10/03/97 New Rio, L.L.C. The Warnaco Group, Inc., The Warnaco Group, Inc ...... 97±3662 10/03/97 The Warnaco Group, Inc., New Rio, L.L.C., Designer Holdings ...... 97±3663 10/03/97 Einar Wilhelm Sissener, Cultor Corporation, Cultor Food Science, Inc ...... 97±3685 10/03/97 Paradigm Geophysical Ltd., Tech-Sym Corporation, CogniSeis Development, Inc ...... 97±3507 10/06/97 ALZA Corporation, IVAX Corporation, Baker Norton Pharmaceuticals, Inc ...... 97±3570 10/06/97 D.S.I. Distributing, Inc., C. Michael Schroeder, Consumer Satellite Systems, Inc ...... 97±3653 10/06/97 Misys plc, Medic Computer Systems, Inc., Medic Computer Systems, Inc ...... 97±3462 10/07/97 Watson Pharmaceuticals, Inc., Monsanto Company, G.D. Searle & Co ...... 97±3503 10/07/97 Airgas, Inc., James P. Lyons, JWS Technologies, Inc. & Ridgewood Avenue Company, L.P...... 97±3547 10/07/97 SmarTalk TeleServices, Inc., ConQuest Telecommunications Services Corporation, ConQuest Telecommuni- cations Services Corporation ...... 97±3610 10/07/97 Metropolitan Life Insurance Company, Partners Limited, Security First Group, Inc ...... 97±3646 10/07/97 Extendicare Inc., Arbor Health Care Company, Arbor Health Care Company ...... 97±3697 10/07/97 Weyerhaeuser Company, Union Camp Corporation, Union Camp Corporation ...... 97±3527 10/08/97 Union Bank of Switzerland, Xpedite Systems, Inc. Xpedite Systems, Inc ...... 97±3641 10/08/97 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61511

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 10±01±97 AND 10±10±97ÐContinued

Date termi- Name of acquiring person, name of acquired person, name of acquired entity PMN No. nated

Fenway Partners Capital Fund, L.P., Xpedite Systems, Inc., Xpedite Systems, Inc., ...... 97±3642 10/08/97 The Virginia Insurance Reciprocal, Compensation Hospital Association Trust, Compensation Hospital Associa- tion Trust ...... 97±3665 10/08/97 The Virginia Insurance Reciprocal, Kentucky Hospital Association Trust, Kentucky Hospital Association Trust .. 97±3668 10/08/97 Royal & Sun Alliance Insurance Group plc, Michael H. Polaski, Specialty Underwriters, Inc ...... 97±3669 10/08/97 N.V. Verenigd Bezit VNU, Cordiant plc, The National Research Group, Inc ...... 97±3676 10/08/97 Craig Sloan, David Manufacturing Co., David Manufacturing Co ...... 97±3681 10/08/97 Fedeal Express Corporation, AMR Corporation, American Airlines, Inc ...... 97±3682 10/08/97 Insight Communications Company, L.P., Cablevision Systems Corporation, A±R Cable Services, Inc ...... 97±3643 10/09/97 Jonathan A. Nicholson, JP Foodservice, Inc., JP Foodservice, Inc ...... 97±3456 10/10/97 Jacor Communications, Inc., John M. Shanahan, MultiVerse Networks, LLC; Syergy Broadcast Investment ...... 97±3619 10/10/97 Siebe plc, Dow Chemical Company (The), Dow Chemical Company (The) ...... 97±3624 10/10/97 Catholic Health Initiatives, Quorum Health Group, Inc., Midlands Medical Associates, L.P ...... 97±3666 10/10/97 Craig O. McCaw, Caroline Hunt Trust Estate, Start Technologies Corporation ...... 97±3670 10/10/97 Bandag, Incorporated, Ernest R. Duff, Southern Tire Mart, Inc ...... 97±3672 10/10/97 TCW Special Placements Fund III, Kert Rabe, GHP Holdings, Inc ...... 97±3684 10/10/97 Jefferson Health System, Magee Rehabilitation Hospital, Magee Rehabilitation Hospital ...... 97±3690 10/10/97 Creative Computers, Inc., Elek-Tek, Inc. (Debtor-in-Possession), Elek-Tek, Inc. (Debtor-in-Possession) ...... 97±3695 10/10/97 Ripplewood Partners, L.P., Don M. Wheeler, ACM Equipment Sales & Rentals and ICM Sales & Rentals ...... 97±3701 10/10/97 Bridgestone Corporation, Rene Charvillat, Thompson Aerospace Corp. and Thompson Aerospace, Inc ...... 97±3702 10/10/97 Premier Parks Inc., Kentucky Kingdom, Inc., Kentucky Kingdom, Inc ...... 98±0001 10/10/97 IMCO Recycling, Inc., William and Louise Warshauer (Husband and Wife), Alchem Aluminum, Inc ...... 98±0004 10/10/97 William and Louise Warshauer (Husband and Wife), IMCO Recycling Inc., IMCO Recycling Inc ...... 98±0005 10/10/97 Bentley Pharmaceuticals, Inc., Schwarz Pharma AG (a German Entity), Schwarz Pharma, Inc ...... 98±0006 10/10/97 Tabacalera, S.A. (a Spanish company), Havatampa, Inc., Havatampa, Inc ...... 98±0007 10/10/97 Suez-Lyonnaise des Eaux, Kamilche Company, Simpson Paper Company ...... 98±0009 10/10/97 Tyco International Ltd., Jason International, Inc., Jason International, Inc ...... 98±0017 10/10/97 Richard L. Duchossois, Richard Greenthal, Sentex Systems, Inc ...... 98±0025 10/10/97 Richard L. Duchossois, William Davis, Sentex Systems, Inc ...... 98±0026 10/10/97 WinStar Communications, Inc., US One Communications, Corp. (Debtor In Possession), US One Communica- tions Services Corp. & US One Communica ...... 98±0027 10/10/97 Air Products and Chemical, Inc., Industrial Gas & Supply Co., Industrial Gas & Supply Co ...... 98±0032 10/10/97 Richard Roizen (a French national), Code, Hennessy & Simmons II, L.P., Disguise Holding Corporation ...... 98±0034 10/10/97 Aviation Sales Company, Thomas J. Bach, Kratz-Wilde Machine Company ...... 98±0041 10/10/97 Aviation Sales Company, Jerome G. Bach, Kratz-Wilde Machine Company ...... 98±0042 10/10/97

FOR FURTHER INFORMATION CONTACT: consent agreement with Jenny Craig, well as all comments received during Sandra M. Peay or Parcellena P. Inc., and Jenny Craig International, Inc. the new public comment period. Fielding, Contact Representatives, DATES: Comments must be received on Accordingly, there is no need to re- Federal Trade Commission, Premerger or before December 3, 1997. submit copies of any comments Notification Office, Bureau of previously submitted to the Commission FOR FURTHER INFORMATION CONTACT: Competition, Room 303, Washington, on this matter. Jeffrey Klurfeld or Matthew D. Gold, DC 20580, (202) 326–3100. Federal Trade Commission, San By direction of the Commission. By Direction of the Commission. Francisco Regional Office, 901 Market Donald S. Clark, Donald S. Clark, Street, Suite 570, San Francisco, CA Secretary. Secretary. 94103, (415) 356–5270. [FR Doc. 97–30259 Filed 11–17–97; 8:45 am] [FR Doc. 97–30258 Filed 11–17–97; 8:45 am] SUPPLEMENTARY INFORMATION: On June 5, BILLING CODE 6750±01±M BILLING CODE 6750±01±M 1997, the Federal Trade Commission (‘‘Commission’’) published a proposed consent agreement (62 FR 30857) and DEPARTMENT OF HEALTH AND FEDERAL TRADE COMMISSION solicited comments from interested HUMAN SERVICES members of the public. The 60-day [Docket No. 9260] public comment period expired on Agency for Health Care Policy and August 4, 1997. Research Jenny Craig, Inc.; Jenny Craig In light of the recent acceptance for International, Inc. General Reorganization; Statement of public comment of a proposed consent Organization, Functions, and agreement with Weight Watchers Delegations of Authority AGENCY: Federal Trade Commission. International, Inc. (62 FR 52340), the ACTION: Reopening of public comment Commission has now decided to reopen Part E, Chapter E (Agency for Health period for proposed consent agreement. the public comment period for fifteen Care Policy and Research), of the days. The Commission will, after the Statement of Organization, Functions, SUMMARY: This document provides close of the new public comment and Delegations of Authority for the interested members of the public an period, give consideration to all Department of Health and Human additional fifteen days to submit written comments already received during or Services (61 FR 15955, April 10, 1996) comments regarding the proposed after the original comment period as is amended to reflect organizational 61512 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices changes within the Agency for Health for Quality and Effectiveness in Health Research which were in effect Care Policy and Research (AHCPR). Care (EB) and the Center for Health Care immediately prior to the effective date Specifically, AHCPR is aligning Technology (EE), and following the of this reorganization shall continue in functions so that the Agency can more statement for the Center for Quality effect pending further redelegation, efficiently and effectively meet the Measurement and Improvement (EL), provided they are consistent with this needs of other organizations for insert the following title and statement: reorganization. scientific information on which they Center for Practice and Technology These changes are effective upon date can base clinical guidelines, Assessment (EM). Conducts and of signature. performance measures, technology supports systematic assessments of Dated: October 31, 1997. assessments, and other quality clinical practices and health care improvement tools. The Agency is technologies as well as methodologic John M. Eisenberg, establishing a new Center for Practice and implementation research. Administrator. and Technology Assessment, in which Specifically: (1) Conducts and supports [FR Doc. 97–30209 Filed 11–17–97; 8:45 am] will be located the Office of the Forum the development of evidence reports BILLING CODE 4160±90±M for Quality and Effectiveness in Health and technology assessments on health Care as well as the functions of the care treatments, conditions, procedures, previous Center for Health Care and technologies, including alternative DEPARTMENT OF HEALTH AND Technology. and complementary therapies; (2) HUMAN SERVICES Under Section E–10, Organization, conducts and supports research Administration for Children and following E. Office of Scientific Affairs, focusing on methodologies used in Families delete F. through N. and insert the systematic reviews and implementation following: of evidence-based recommendations, materials, and technologies assessments Submission For OMB Review; F. Center for Cost and Financing Comment Request Studies. into the health care system; (3) G. Center for Health Information facilitates the development and Title: Order/Notice to Withhold Dissemination. operations of a National Guideline Income for Child Support. Clearinghouse; (4) facilitates the work of H. Center for Information Technology. OMB No.: 0970–0154. I. Center for Organization and the U.S. Preventive Services Task Force; Delivery Studies. (5) represents the Agency in meetings Description: The child support J. Center for Outcomes and with experts and organizations in the enforcement agency needs the Effectiveness Research. areas of evidence-based assessments of information to process court/tribunal K. Center for Primary Care Research. practice and technologies, and convenes administered direct income withholding L. Center for Quality Measurement conferences on these topics; and (6) is orders to collect support. The form will and Improvement. the focus of the Office of the Forum for provide employers with the required M. Center for Practice and Technology Quality and Effectiveness in Health amounts to deduct child support Assessment. Care. payment from an employee’s/obligor’s Under heading Section E–20, All delegations and redelegations of income. Functions, delete the titles and authority to officers and employees of Respondents: State, Local or Tribal statements for the Office of the Forum the Agency for Health Care Policy and Governments.

ANNUAL BURDEN ESTIMATES

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

Order/Notice ...... 54 1,620 .1666 14,579

Estimated Total Burden Hours: publication. Written comments and DEPARTMENT OF HEALTH AND 14,579. recommendations for the proposed HUMAN SERVICES Additional Information: Copies of the information collection should be sent proposed collection may be obtained by directly to the following: Office of Administration for Children and writing to The Administration for Management and Budget, Paperwork Families Children and Families, Office of Reduction Project, 725 17th Street, Submission For OMB Review; Information Services, Division of N.W., Washington, D.C. 20503, Attn: Comment Request Information Resource Management Desk Officer for ACF. Services, 370 L’Enfant Promenade, S.W., Dated: November 12, 1997. Title: Required Data Elements for Washington, D.C. 20447, Attn: ACF Paternity Establishment Affidavits. Reports Clearance Officer. Bob Sargis, OMB No.: New Collection. Acting Reports Clearance Officer. OMB Comment Description: Public Law 104–193 [FR Doc. 97–30219 Filed 11–17–97; 8:45 am] requires the Secretary of the Department OMB is required to make a decision BILLING CODE 4184±01±M of Health and Human Services to concerning the collection of information specify the minimum data requirements between 30 and 60 days after of an affidavit to be used for the publication of this document in the voluntary acknowledgment of paternity. Federal Register. Therefore, a comment Public Law 104–193 also requires States is best assured of having its full effect to enact laws requiring the development if OMB receives it within 30 days of and use of an affidavit which met the Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61513 minimum requirements specified by the information necessary to the statement indicating both parents Secretary and to give full faith and establishment of a child support order understand their rights, responsibilities, credit to such an affidavit signed in any and the need for a user-friendly form alternatives and the consequences of other State according to its procedures. that addresses only the data necessary to signing the affidavit; the place the The Department established a task establish legal paternity. The minimum affidavit was completed; and signature group composed of Federal and State data elements are: The current full lines for mother, father and witnesses or staff to recommend minimum data name, social security number and date notaries. elements for all State paternity of birth of mother, father, and child; acknowledgment affidavits. The address of mother and father, birthplace Respondents: Individuals and minimum data elements were crafted to of child; an explanation of the legal Households; Not-for-Profit Institutions; balance the need for a tool for collecting consequences of signing the affidavit; a and State, Local or Tribal Govt.

ANNUAL BURDEN ESTIMATES

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

Affidavits ...... 2,000,000 .2243 .166 74,468

Estimated Total Annual Burden ACTION: Notice. promote international harmonization of Hours: 74,468. regulatory requirements. FDA has Additional Information: Copies of the SUMMARY: The Food and Drug participated in many meetings designed proposed collection may be obtained by Administration (FDA) is publishing a to enhance harmonization and is writing to The Administration for draft guidance entitled ‘‘S4A Duration committed to seeking scientifically Children and Families, Office of of Chronic Toxicity Testing in Animals based harmonized technical procedures Information Services, Division of (Rodent and Nonrodent Toxicity for pharmaceutical development. One of Information Resource Management Testing).’’ The draft guidance was the goals of harmonization is to identify Services, 370 L’Enfant Promenade, S.W., prepared under the auspices of the and then reduce differences in technical Washington, D.C. 20447, Attn: ACF International Conference on requirements for drug development Reports Clearance Officer. Harmonisation of Technical among regulatory agencies. OMB Comment: OMB is required to Requirements for Registration of ICH was organized to provide an make a decision concerning the Pharmaceuticals for Human Use (ICH). opportunity for tripartite harmonization collection of information between 30 The draft guidance is intended to initiatives to be developed with input and 60 days after publication of this provide guidance on the duration of from both regulatory and industry document in the Federal Register. chronic toxicity testing in rodents and representatives. FDA also seeks input Therefore, a comment is best assured of nonrodents as part of the safety from consumer representatives and having its full effect if OMB receives it evaluation of a drug product. others. ICH is concerned with within 30 days of publication. Written DATES: Written comments by January 20, harmonization of technical comments and recommendations for the 1998. requirements for the registration of proposed information collection should ADDRESSES: Submit written comments pharmaceutical products among three be sent directly to the following: Office on the draft guidance to the Dockets regions: The European Union, Japan, of Management and Budget, Paperwork Management Branch (HFA–305), Food and the United States. The six ICH Reduction Project, 725 17th Street, and Drug Administration, 12420 sponsors are the European Commission, N.W., Washington, D.C. 20503, Attn: Parklawn Dr., rm. 1–23, Rockville, MD the European Federation of Ms. Wendy Taylor. 20857. Copies of the draft guidance are Pharmaceutical Industries Associations, available from the Drug Information the Japanese Ministry of Health and Dated: November 12, 1997. Branch (HFD–210), Center for Drug Bob Sargis, Welfare, the Japanese Pharmaceutical Evaluation and Research, Food and Manufacturers Association, the Centers Acting Reports Clearance Officer. Drug Administration, 5600 Fishers for Drug Evaluation and Research and [FR Doc. 97–30220 Filed 11–17–97; 8:45 am] Lane, Rockville, MD 20857, 301–827– Biologics Evaluation and Research, BILLING CODE 4184±01±M 4573. FDA, and the Pharmaceutical Research FOR FURTHER INFORMATION CONTACT: and Manufacturers of America. The ICH Regarding the guidance: Joseph J. Secretariat, which coordinates the DEPARTMENT OF HEALTH AND DeGeorge, Center for Drug preparation of documentation, is HUMAN SERVICES Evaluation and Research (HFD–24), provided by the International Food and Drug Administration Food and Drug Administration, Federation of Pharmaceutical 5600 Fishers Lane, Rockville, MD Manufacturers Associations (IFPMA). 20857, 301–594–6758. [Docket No. 97D±0444] The ICH Steering Committee includes Regarding the ICH: Janet J. Showalter, representatives from each of the ICH International Conference on Office of Health Affairs (HFY–20), sponsors and the IFPMA, as well as Harmonisation; Draft Guidance on the Food and Drug Administration, observers from the World Health Duration of Chronic Toxicity Testing in 5600 Fishers Lane, Rockville, MD Organization, the Canadian Health Animals (Rodent and Nonrodent 20857, 301–827–0864. Protection Branch, and the European Toxicity Testing); Availability SUPPLEMENTARY INFORMATION: In recent Free Trade Area. years, many important initiatives have In July 1997, the ICH Steering AGENCY: Food and Drug Administration, been undertaken by regulatory Committee agreed that a draft guidance HHS. authorities and industry associations to entitled ‘‘S4A Duration of Chronic 61514 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

Toxicity Testing in Animals (Rodent guidance is intended to help eliminate guidance and on specific classes of and Nonrodent Toxicity Testing)’’ or reduce the need for pharmaceutical pharmaceuticals for which either should be made available for public companies to duplicate testing during shorter or longer durations of testing in comment. The draft guidance is the the development of new drug products. nonrodents should be considered as product of the Safety Expert Working FDA has proposed draft guidance general exceptions to the duration Group of the ICH. Comments about this before on chronic toxicity testing. In the recommended in the draft guidance. It draft will be considered by FDA and the Federal Register of April 15, 1992 (57 would be helpful if the scientific basis Safety Expert Working Group. FR 13105), FDA announced the for comments addressing ‘‘general In accordance with FDA’s Good availability of a proposed approach to exceptions’’ were also provided. Once Guidance Practices (62 FR 8961, toxicity testing, including long-term this guidance is finalized, it will February 27, 1997), this document has toxicity studies. The new ICH draft supersede the 1992 proposed guidance been designated a guidance, rather than guidance published here reflects a (57 FR 13105). a guideline. change in recommended testing in Other portions of the proposed The draft document provides nonrodents based on an evaluation of approach to toxicity testing announced guidance on the duration of chronic findings from chronic toxicity studies. in the Federal Register of April 15, toxicity testing in rodents and The evaluation report is available in 1992, have been superseded by draft nonrodents as part of the safety Docket No. 97D–0444. The agency and finalized FDA and ICH guidances as evaluation of a drug product. The draft requests comments on the draft follows:

TABLE 1.Ð1992 DRAFT PROPOSED GUIDANCE

Topic Superseded by

Single Dose (Acute) Toxicity Studies Guidance for Industry on Single Dose Acute Toxicity Testing for Phar- maceuticals, PT 1, (61 FR 43934, August 26, 1996) Reproductive and Developmental Studies Detection of Toxicity to Reproduction for Medicinal Products, ICH S5A, (59 FR 48746, September 22, 1994) Detection of Toxicity to Reproduction for Medicinal Products: Adden- dum on Toxicity to Male Fertility, ICH S5B (61 FR 15360, April 5, 1996) Carcinogenicity Studies (Dose Selection) Dose Selection for Carcinogenicity Studies of Pharmaceuticals, ICH S1C, (60 FR 11278, March 1, 1995) Dose Selection for Carcinogenicity Studies of PharmaceuticalsÐAddi- tion of the Limit Dose and Related Notes, Draft ICH S1C(R) (62 FR 15715, April 2, 1997) Timing and Duration Nonclinical Studies for the Conduct of Human Clinical Trials for Phar- maceuticals, Draft ICH M3 (62 FR 24320, May 2, 1997)

This draft guidance represents the S4A Duration of Chronic Toxicity Testing in The lack of harmonized duration led to the agency’s current thinking on the Animals (Rodent and Nonrodent Toxicity need for pharmaceutical companies to duration of chronic toxicity testing in Testing) perform partially duplicative studies for both animals (rodent and nonrodent toxicity Objective: 6 and 12 months duration when developing new medicinal products. As the objective of testing). It does not create or confer any The objective of this guidance is to set out ICH is to reduce or eliminate the need to rights for or on any person and does not the considerations that apply to chronic duplicate testing during development of operate to bind FDA or the public. An toxicity testing in rodents and nonrodents as medicinal products and to ensure a more alternative approach may be used if part of the safety evaluation of a medicinal economical use of material, animal, and such approach satisfies the product. Since guidance is not legally human resources, while at the same time requirements of the applicable statute, binding, an applicant may submit maintaining safeguards to protect public justification for an alternative approach. regulations, or both. health, further scientific evaluation was undertaken. Interested persons may, on or before Scope: This guidance has been prepared for the Each of the regulatory authorities in the January 20, 1998, submit to the Dockets European Union, Japan, and the United Management Branch (address above) development of medicinal products with the exception of those already covered by ‘‘Safety States undertook a review to determine written comments on the draft guidance. Studies for Biotechnological Products,’’ e.g., whether a single duration for chronic toxicity Two copies of any comments are to be monoclonal antibodies, recombinant DNA testing in nonrodents could be identified. submitted, except that individuals may proteins. From this analysis, it emerged that in 16 submit one copy. Comments are to be cases, a more detailed evaluation of 6 versus Background: identified with the docket number 12 months data should be undertaken. This evaluation was conducted as a joint found in brackets in the heading of this During the first International Conference exercise by the competent authorities in the document. The draft guidance and on Harmonisation in 1991, the practices for the testing of chronic toxicity in the three three regions. received comments may be seen in the regions (the European Union, Japan, and the In some of the cases analyzed at the office above between 9 a.m. and 4 p.m., United States) were reviewed. Arising from tripartite meetings, there were no additional Monday through Friday. An electronic this, it emerged that there was a scientific findings at 12 months. For some other cases, version of this guidance is available on consensus on the approach for chronic there was not complete agreement among the the Internet using the World Wide Web testing in rodents, supporting the regulators with respect to the comparability (WWW) ‘‘http://www.fda.gov/cder/ harmonized duration of testing of 6 months. in study design and conduct to allow guidance.htm’’. However, for chronic toxicity testing in assessment of whether there were differences nonrodents, there were different approaches in the findings at 6 and 12 months due to The text of the draft guidance follows: to the duration of testing. duration of treatment alone. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61515

In a number of cases there were findings safety evaluation programs for the Japanese Ministry of Health and observed by 12 months, but not by 6 months. biopharmaceuticals. Welfare, the Japanese Pharmaceutical It was concluded that these would, or could, DATES: Effective November 18, 1997. Manufacturers Association, the Centers have been detected in a study of 9 months Submit written comments at any time. for Drug Evaluation and Research and duration. Varying degrees of concern for the differences in findings detected between the ADDRESSES: Submit written comments Biologics Evaluation and Research, studies of different durations were expressed. on the guidance to the Dockets FDA, and the Pharmaceutical Research An agreement on the clinical relevance of Management Branch (HFA–305), Food and Manufacturers of America. The ICH these findings could not be reached. and Drug Administration, 12420 Secretariat, which coordinates the Studies of 12 months duration are usually Parklawn Dr., rm. 1–23, Rockville, MD preparation of documentation, is not necessary and studies of shorter than 9 20857. Copies of the guidance are provided by the International months duration may be sufficient. available from the Drug Information Federation of Pharmaceutical In the European Union, studies of 6 Branch (HFD–210), Center for Drug Manufacturers Associations (IFPMA). months duration in nonrodents are The ICH Steering Committee includes acceptable according to Council Directive 75/ Evaluation and Research, Food and 318/EEC, as amended. To avoid duplication, Drug Administration, 5600 Fishers representatives from each of the ICH where studies with a longer duration have Lane, Rockville, MD 20857, 301–827– sponsors and the IFPMA, as well as been conducted, it would not be necessary to 4573. Single copies of the draft guidance observers from the World Health conduct a study of 6 months. may be obtained by mail from the Office Organization, the Canadian Health Guidance on duration of chronic toxicity of Communication, Training and Protection Branch, and the European testing for tripartite development plan: Manufacturers Assistance (HFM–40), Free Trade Area. Arising from the extensive analysis and Center for Biologics Evaluation and In the Federal Register of April 4, review of the above mentioned data in Research (CBER), or by calling the CBER 1997 (62 FR 16438), FDA published a nonrodents and based upon the Voice Information System at 1–800– draft tripartite guideline entitled achievements of ICH 1 for testing in rodents, 835–4709 or 301–827–1800. Copies may ‘‘Preclinical Testing of Biotechnology- and so as to avoid duplication and to follow be obtained from CBER’s Fax Derived Pharmaceuticals’’ (S6). The a single development plan for chronic Information System at 1–888–CBER– notice gave interested persons an toxicity testing of new medicinal products, FAX or 301–827–3844. opportunity to submit comments by the following studies are considered June 3, 1997. acceptable for submission in the three FOR FURTHER INFORMATION CONTACT: regions: Regarding the guidance: Joy A. After consideration of the comments (1) Rodents: a study of 6 months duration; Cavagnaro, Center for Biologics received and revisions to the guidance, (2) Nonrodents: a study of 9 months Evaluation and Research (HFM–5), a final draft of the guidance was duration. Food and Drug Administration, submitted to the ICH Steering Dated: November 12, 1997. 1401 Rockville Pike, Rockville, MD Committee and endorsed by the three 20852, 301–827–0379. participating regulatory agencies on July William K. Hubbard, Regarding the ICH: Janet J. Showalter, 16, 1997. Associate Commissioner for Policy Office of Health Affairs (HFY–20), In accordance with FDA’s Good Coordination. Food and Drug Administration, Guidance Practices (62 FR 8961, [FR Doc. 97–30273 Filed 11–17–97; 8:45 am] 5600 Fishers Lane, Rockville, MD February 27, 1997), this document has BILLING CODE 4160±01±F 20857, 301–827–0864. been designated a guidance, rather than SUPPLEMENTARY INFORMATION: In recent a guideline. DEPARTMENT OF HEALTH AND years, many important initiatives have The guidance recommends a basic HUMAN SERVICES been undertaken by regulatory framework for the preclinical safety authorities and industry associations to evaluation of biotechnology-derived Food and Drug Administration promote international harmonization of pharmaceuticals. Adherence to the regulatory requirements. FDA has principles presented in the guidance [Docket No. 97D±0113] participated in many meetings designed will allow for improvement in the quality and consistency of preclinical International Conference on to enhance harmonization and is safety data supporting the development Harmonisation; Guidance on committed to seeking scientifically of biopharmaceuticals. Preclinical Safety Evaluation of based harmonized technical procedures This guidance represents the agency’s Biotechnology-Derived for pharmaceutical development. One of current thinking on preclinical safety Pharmaceuticals; Availability the goals of harmonization is to identify and then reduce differences in technical evaluation of biotechnology-derived AGENCY: Food and Drug Administration, requirements for drug development pharmaceuticals. It does not create or HHS. among regulatory agencies. confer any rights for or on any person ACTION: Notice. ICH was organized to provide an and does not operate to bind FDA or the opportunity for tripartite harmonization public. An alternative approach may be SUMMARY: The Food and Drug initiatives to be developed with input used if such approach satisfies the Administration (FDA) is publishing a from both regulatory and industry requirements of the applicable statute, guidance entitled ‘‘S6 Preclinical Safety representatives. FDA also seeks input regulations, or both. Evaluation of Biotechnology-Derived from consumer representatives and As with all of FDA’s guidances, the Pharmaceuticals.’’ The guidance was others. ICH is concerned with public is encouraged to submit written prepared under the auspices of the harmonization of technical comments with new data or other new International Conference on requirements for the registration of information pertinent to this guidance. Harmonisation of Technical pharmaceutical products among three The comments in the docket will be Requirements for Registration of regions: The European Union, Japan, periodically reviewed, and, where Pharmaceuticals for Human Use (ICH). and the United States. The six ICH appropriate, the guidance will be The guidance is intended to provide sponsors are the European Commission, amended. The public will be notified of general principles for designing the European Federation of any such amendments through a notice scientifically acceptable preclinical Pharmaceutical Industries Associations, in the Federal Register. 61516 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

Interested persons may, at any time, presented in this document should improve demonstrated when a new or modified submit written comments on the the quality and consistency of the preclinical manufacturing process is developed or other guidance to the Dockets Management safety data supporting the development of significant changes in the product or Branch (address above). Two copies of biopharmaceuticals. formulation are made in an ongoing development program. Comparability can be 1.3 Scope any comments are to be submitted, evaluated on the basis of biochemical and except that individuals may submit one This guidance is intended primarily to biological characterization (i.e., identity, copy. Comments are to be identified recommend a basic framework for the purity, stability, and potency). In some cases, with the docket number found in preclinical safety evaluation of additional studies may be needed (i.e., brackets in the heading of this biotechnology-derived pharmaceuticals. It pharmacokinetics, pharmacodynamics and/ document. The guidance and received applies to products derived from or safety). The scientific rationale for the characterized cells through the use of a approach taken should be provided. comments may be seen in the office variety of expression systems including above between 9 a.m. and 4 p.m., bacteria, yeast, insect, plant, and mammalian 3. Preclinical Safety Testing Monday through Friday. An electronic cells. The intended indications may include 3.1 General Principles version of this guidance is available on in vivo diagnostic, therapeutic, or the Internet at ‘‘http://www.fda.gov/ prophylactic uses. The active substances The objectives of the preclinical safety cder/guidance.htm’’ or at CBER’s World include proteins and peptides, their studies are to define pharmacological and derivatives, and products of which they are toxicological effects not only prior to Wide Web site at ‘‘http://www.fda.gov/ initiation of human studies but throughout cber/publications.htm’’. components; they could be derived from cell cultures or produced using recombinant clinical development. Both in vitro and in The text of the guidance follows: deoxyrebonucleic acid (DNA) technology, vivo studies can contribute to this S6 Preclinical Safety Evaluation of including production by transgenic plants characterization. Biopharmaceuticals that are Biotechnology-Derived Pharmaceuticals 1 and animals. Examples include but are not structurally and pharmacologically limited to: Cytokines, plasminogen comparable to a product for which there is 1. Introduction activators, recombinant plasma factors, wide experience in clinical practice may 1.1. Background growth factors, fusion proteins, enzymes, need less extensive toxicity testing. receptors, hormones, and monoclonal Preclinical safety testing should consider: Biotechnology-derived pharmaceuticals antibodies. (1) Selection of the relevant animal species; (biopharmaceuticals) were initially The principles outlined in this guidance (2) age; (3) physiological state; (4) the manner developed in the early 1980’s. The first may also be applicable to recombinant DNA of delivery, including dose, route of marketing authorizations were granted later protein vaccines, chemically synthesized administration, and treatment regimen; and in the decade. Several guidelines and points- peptides, plasma derived products, (5) stability of the test material under the to-consider documents have been issued by endogenous proteins extracted from human conditions of use. various regulatory agencies regarding safety tissue, and oligonucleotide drugs. Toxicity studies are expected to be assessment of these products. Review of such This document does not cover antibiotics, performed in compliance with Good documents, which are available from allergenic extracts, heparin, vitamins, Laboratory Practice (GLP); however, it is regulatory authorities, may provide useful cellular blood components, conventional recognized that some studies employing background in developing new bacterial or viral vaccines, DNA vaccines, or specialized test systems, which are often biopharmaceuticals. cellular and gene therapies. needed for biopharmaceuticals, may not be Considerable experience has now been able to comply fully with GLP. Areas of gathered with submission of applications for 2. Specification of the Test Material noncompliance should be identified and biopharmaceuticals. Critical review of this Safety concerns may arise from the their significance evaluated relative to the experience has been the basis for presence of impurities or contaminants. It is overall safety assessment. In some cases, lack development of this guidance, which is preferable to rely on purification processes to of full GLP compliance does not necessarily intended to provide general principles for remove impurities and contaminants rather mean that the data from these studies cannot designing scientifically acceptable preclinical than to establish a preclinical testing program be used to support clinical trials and safety evaluation programs. for their qualification. In all cases, the marketing authorizations. 1.2 Objectives product should be sufficiently characterized Conventional approaches to toxicity testing to allow an appropriate design of preclinical of pharmaceuticals may not be appropriate Regulatory standards for biotechnology- safety studies. for biopharmaceuticals due to the unique and derived pharmaceuticals have generally been There are potential risks associated with diverse structural and biological properties of comparable among the European Union, host cell contaminants derived from bacteria, the latter that may include species Japan, and the United States. All three yeast, insect, plants, and mammalian cells. specificity, immunogenicity, and regions have adopted a flexible, case-by-case, The presence of cellular host contaminants unpredicted pleiotropic activities. science-based approach to preclinical safety can result in allergic reactions and other evaluation needed to support clinical 3.2 Biological Activity/Pharmacodynamics immunopathological effects. The adverse development and marketing authorization. In effects associated with nucleic acid Biological activity may be evaluated using this rapidly evolving scientific area, there is contaminants are theoretical but include in vitro assays to determine which effects of a need for common understanding and potential integration into the host genome. the product may be related to clinical continuing dialogue among the regions. For products derived from insect, plant, and activity. The use of cell lines and/or primary The primary goals of preclinical safety mammalian cells, or transgenic plants and cell cultures can be useful to examine the evaluation are: (1) To identify an initial safe animals, there may be an additional risk of direct effects on cellular phenotype and dose and subsequent dose escalation schemes viral infections. proliferation. Due to the species specificity of in humans; (2) to identify potential target In general, the product that is used in the many biotechnology-derived organs for toxicity and for the study of definitive pharmacology and toxicology pharmaceuticals, it is important to select whether such toxicity is reversible; and (3) to studies should be comparable to the product relevant animal species for toxicity testing. In identify safety parameters for clinical proposed for the initial clinical studies. vitro cell lines derived from mammalian cells monitoring. Adherence to the principles However, it is appreciated that during the can be used to predict specific aspects of in course of development programs, changes vivo activity and to assess quantitatively the 1 This guidance represents the agency’s current normally occur in the manufacturing process relative sensitivity of various species thinking on preclinical safety evaluation of in order to improve product quality and (including human) to the biopharmaceutical. biotechnology-derived pharmaceuticals. It does not Such studies may be designed to determine, create or confer any rights for or on any person and yields. The potential impact of such changes does not operate to bind FDA or the public. An for extrapolation of the animal findings to for example, receptor occupancy, receptor alternative approach may be used of such approach humans should be considered. affinity, and/or pharmacological effects, and satisfies the requirements of the applicable statute, The comparability of the test material to assist in the selection of an appropriate regulations, or both. during a development program should be animal species for further in vivo Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61517 pharmacology and toxicology studies. The that the production process, range of including a toxic dose and a no observed combined results from in vitro and in vivo impurities/contaminants, pharmacokinetics, adverse effect level (NOAEL). For some studies assist in the extrapolation of the and exact pharmacological mechanism(s) classes of products with little to no toxicity, findings to humans. In vivo studies to assess may differ between the homologous form and it may not be possible to define a specific pharmacological activity, including defining the product intended for clinical use. Where maximum dose. In these cases, a scientific mechanism(s) of action, are often used to it is not possible to use transgenic animal justification of the rationale for the dose support the rationale of the proposed use of models or homologous proteins, it may still selection and projected multiples of human the product in clinical studies. be prudent to assess some aspects of exposure should be provided. To justify high For monoclonal antibodies, the potential toxicity in a limited toxicity dose selection, consideration should be given immunological properties of the antibody evaluation in a single species, e.g., a repeated to the expected pharmacological/ should be described in detail, including its dose toxicity study of < 14 days duration that physiological effects, availability of suitable antigenic specificity, complement binding, includes an evaluation of important test material, and the intended clinical use. and any unintentional reactivity and/or functional endpoints (e.g., cardiovascular Where a product has a lower affinity to or cytotoxicity towards human tissues distinct and respiratory). potency in the cells of the selected species from the intended target. Such cross- In recent years, there has been much than in human cells, testing of higher doses reactivity studies should be carried out by progress in the development of animal may be important. The multiples of the appropriate immunohistochemical models that are thought to be similar to the human dose that are needed to determine procedures using a range of human tissues. human disease. These animal models include adequate safety margins may vary with each 3.3 Animal Species/Model Selection induced and spontaneous models of disease, gene knockout(s), and transgenic animals. class of biotechnology-derived The biological activity together with These models may provide further insight, pharmaceutical and its clinical indication(s). species and/or tissue specificity of many not only in determining the pharmacological 3.6 Immunogenicity biotechnology-derived pharmaceuticals often action of the product, pharmacokinetics, and preclude standard toxicity testing designs in dosimetry, but may also be useful in the Many biotechnology-derived commonly used species (e.g., rats and dogs). determination of safety (e.g., evaluation of pharmaceuticals intended for humans are Safety evaluation programs should include undesirable promotion of disease immunogenic in animals. Therefore, the use of relevant species. A relevant species progression). In certain cases, studies measurement of antibodies associated with is one in which the test material is performed in animal models of disease may administration of these types of products pharmacologically active due to the be used as an acceptable alternative to should be performed when conducting expression of the receptor or an epitope (in toxicity studies in normal animals (Note 1). repeated dose toxicity studies in order to aid the case of monoclonal antibodies). A variety The scientific justification for the use of these in the interpretation of these studies. of techniques (e.g., immunochemical or animal models of disease to support safety Antibody responses should be characterized functional tests) can be used to identify a should be provided. (e.g., titer, number of responding animals, relevant species. Knowledge of receptor/ neutralizing or non-neutralizing) and their epitope distribution can provide greater 3.4 Number/Gender of Animals appearance should be correlated with any understanding of potential in vivo toxicity. The number of animals used per dose has pharmacological and/or toxicological Relevant animal species for testing of a direct bearing on the ability to detect changes. Specifically, the effects of antibody monoclonal antibodies are those that express toxicity. A small sample size may lead to formation on pharmacokinetic/ the desired epitope and demonstrate a failure to observe toxic events due to pharmacodynamic parameters, incidence similar tissue cross-reactivity profile as for observed frequency alone regardless of and/or severity of adverse effects, human tissues. This would optimize the severity. The limitations that are imposed by complement activation, or the emergence of ability to evaluate toxicity arising from the sample size, as often is the case for new toxic effects should be considered when binding to the epitope and any unintentional nonhuman primate studies, may be in part interpreting the data. Attention should also tissue cross-reactivity. An animal species that compensated by increasing the frequency and be paid to the evaluation of possible does not express the desired epitope may still duration of monitoring. Both genders should pathological changes related to immune be of some relevance for assessing toxicity if generally be used or justification given for complex formation and deposition. comparable unintentional tissue cross- specific omissions. The detection of antibodies should not be reactivity to humans is demonstrated. 3.5 Administration/Dose Selection the sole criterion for the early termination of Safety evaluation programs should a preclinical safety study or modification in normally include two relevant species. The route and frequency of administration the duration of the study design unless the However, in certain justified cases one should be as close as possible to that immune response neutralizes the relevant species may suffice (e.g., when only proposed for clinical use. Consideration pharmacological and/or toxicological effects one relevant species can be identified or should be given to pharmacokinetics and of the biopharmaceutical in a large where the biological activity of the bioavailability of the product in the species proportion of the animals. In most cases, the biopharmaceutical is well understood). In being used and to the volume which can be immune response to biopharmaceuticals is addition, even where two species may be safely and humanely administered to the test necessary to characterize toxicity in short animals. For example, the frequency of variable, like that observed in humans. If the term studies, it may be possible to justify the administration in laboratory animals may be interpretation of the data from the safety use of only one species for subsequent long- increased compared to the proposed study is not compromised by these issues, term toxicity studies (e.g., if the toxicity schedule for the human clinical studies in then no special significance should be profile in the two species is comparable in order to compensate for faster clearance rates ascribed to the antibody response. the short term). or low solubility of the active ingredient. In The induction of antibody formation in Toxicity studies in nonrelevant species these cases, the level of exposure of the test animals is not predictive of a potential for may be misleading and are discouraged. animal relative to the clinical exposure antibody formation in humans. Humans may When no relevant species exists, the use of should be defined. Consideration should also develop serum antibodies against humanized relevant transgenic animals expressing the be given to the effects of volume, proteins, and frequently the therapeutic human receptor or the use of homologous concentration, formulation, and site of response persists in their presence. The proteins should be considered. The administration. The use of routes of occurrence of severe anaphylactic responses information gained from use of a transgenic administration other than those used to recombinant proteins is rare in humans. In animal model expressing the human receptor clinically may be acceptable if the route must this regard, the results of guinea pig is optimized when the interaction of the be modified due to limited bioavailability, anaphylaxis tests, which are generally product and the humanized receptor has limitations due to the route of positive for protein products, are not similar physiological consequences to those administration, or to size/physiology of the predictive for reactions in humans; therefore, expected in humans. While useful animal species. such studies are considered of little value for information may also be gained from the use Dosage levels should be selected to provide the routine evaluation of these types of of homologous proteins, it should be noted information on a dose-response relationship, products. 61518 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

4. Specific Considerations models should be available prior to clinical clinical studies as well as marketing studies in order to predict margins of safety authorization. For those biopharmaceuticals 4.1 Safety Pharmacology based upon exposure and dose. intended for chronic indications, studies of 6 It is important to investigate the potential 4.2.2 Assays months duration have generally been for undesirable pharmacological activity in The use of one or more assay methods appropriate, although in some cases shorter appropriate animal models and, where should be addressed on a case-by-case basis or longer durations have supported necessary, to incorporate particular and the scientific rationale should be marketing authorizations. For monitoring for these activities in the toxicity provided. One validated method is usually biopharmaceuticals intended for chronic use, studies and/or clinical studies. Safety considered sufficient. For example, the duration of long-term toxicity studies pharmacology studies measure functional quantitation of TCA-precipitable should be scientifically justified. indices of potential toxicity. These functional radioactivity following administration of a indices may be investigated in separate radiolabeled protein may provide adequate 4.5 Immunotoxicity Studies studies or incorporated in the design of information, but a specific assay for the One aspect of immunotoxicological toxicity studies. The aim of the safety analyte is preferred. Ideally, the assay evaluation includes assessment of potential pharmacology studies should be to reveal any methods should be the same for animals and immunogenicity (see section 3.6). Many functional effects on the major physiological humans. The possible influence of plasma biotechnology-derived pharmaceuticals are systems (e.g., cardiovascular, respiratory, binding proteins and/or antibodies in intended to stimulate or suppress the renal, and central nervous systems). plasma/serum on the assay performance immune system and, therefore, may affect not Investigations may also include the use of should be determined. only humoral but also cell-mediated isolated organs or other test systems not 4.2.3 Metabolism immunity. Inflammatory reactions at the involving intact animals. All of these studies may allow for a mechanistically-based The expected consequence of metabolism injection site may be indicative of a explanation of specific organ toxicities, of biotechnology-derived pharmaceuticals is stimulatory response. It is important, which should be considered carefully with the degradation to small peptides and however, to recognize that simple injection respect to human use and indication(s). individual amino acids. Therefore, the trauma and/or specific toxic effects caused by metabolic pathways are generally the formulation vehicle may also result in 4.2 Exposure assessment understood. Classical biotransformation toxic changes at the injection site. In 4.2.1 Pharmacokinetics and Toxicokinetics studies as performed for pharmaceuticals are addition, the expression of surface antigens It is difficult to establish uniform not needed. on target cells may be altered, which has guidances for pharmacokinetic studies for Understanding the behavior of the implications for autoimmune potential. biotechnology-derived pharmaceuticals. biopharmaceutical in the biologic matrix Immunotoxicological testing strategies may Single and multiple dose pharmacokinetics, (e.g., plasma, serum, cerebral spinal fluid) require screening studies followed by toxicokinetics, and tissue distribution studies and the possible influence of binding mechanistic studies to clarify such issues. in relevant species are useful; however, proteins is important for understanding the Routine tiered testing approaches or standard routine studies that attempt to assess mass pharmacodynamic effect. testing batteries, however, are not recommended for biotechnology-derived balance are not useful. Differences in 4.3 Single Dose Toxicity Studies pharmacokinetics among animal species may pharmaceuticals. have a significant impact on the Single dose studies may generate useful data to describe the relationship of dose to 4.6 Reproductive Performance and predictiveness of animal studies or on the Developmental Toxicity Studies assessment of dose-response relationships in systemic and/or local toxicity. These data can toxicity studies. Alterations in the be used to select doses for repeated dose The need for reproductive/developmental pharmacokinetic profile due to immune- toxicity studies. Information on dose- toxicity studies is dependent upon the mediated clearance mechanisms may affect response relationships may be gathered product, clinical indication and intended the kinetic profiles and the interpretation of through the conduct of a single dose toxicity patient population (Note 2). The specific the toxicity data. For some products, there study or as a component of pharmacology or study design and dosing schedule may be may also be inherent, significant delays in animal model efficacy studies. The modified based on issues related to species the expression of pharmacodynamic effects incorporation of safety pharmacology specificity, immunogenicity, biological relative to the pharmacokinetic profile (e.g., parameters in the design of these studies activity, and/or a long elimination half-life. cytokines) or there may be prolonged should be considered. For example, concerns regarding potential developmental immunotoxicity, which may expression of pharmacodynamic effects 4.4 Repeated Dose Toxicity Studies relative to plasma levels. apply particularly to certain monoclonal Pharmacokinetic studies should, whenever For consideration of the selection of animal antibodies with prolonged immunological possible, utilize preparations that are species for repeated dose studies, see section effects, could be addressed in a study design representative of those intended for toxicity 3.3. The route and dosing regimen (e.g., daily modified to assess immune function of the testing and clinical use and employ a route versus intermittent dosing) should reflect the neonate. intended clinical use or exposure. When of administration that is relevant to the 4.7 Genotoxicity Studies anticipated clinical studies. Patterns of feasible, these studies should include absorption may be influenced by toxicokinetics. The range and type of genotoxicity studies formulation, concentration, site, and/or A recovery period should generally be routinely conducted for pharmaceuticals are volume. Whenever possible, systemic included in study designs to determine the not applicable to biotechnology-derived exposure should be monitored during the reversal or potential worsening of pharmaceuticals and therefore are not toxicity studies. pharmacological/toxicological effects, and/or needed. Moreover, the administration of large When using radiolabeled proteins, it is potential delayed toxic effects. For quantities of peptides/proteins may yield important to show that the radiolabeled test biopharmaceuticals that induce prolonged uninterpretable results. It is not expected that material maintains activity and biological pharmacological/toxicological effects, these substances would interact directly with properties equivalent to that of the unlabeled recovery group animals should be monitored DNA or other chromosomal material (Note 3). material. Tissue concentrations of until reversibility is demonstrated. The Studies in available and relevant systems, radioactivity and/or autoradiography data duration of repeated dose studies should be including newly developed systems, should using radiolabeled proteins may be difficult based on the intended duration of clinical be performed in those cases where there is to interpret due to rapid in vivo metabolism exposure and disease indication. This cause for concern about the product (e.g., or unstable radiolabeled linkage. Care should duration of animal dosing has generally been because of the presence of an organic linker be taken in the interpretation of studies using 1-3 months for most biotechnology-derived molecule in a conjugated protein product). radioactive tracers incorporated into specific pharmaceuticals. For biopharmaceuticals The use of standard genotoxicity studies for amino acids because of recycling of amino intended for short-term use (e.g., < to 7 days) assessing the genotoxic potential of process acids into nondrug related proteins/peptides. and for acute life-threatening diseases, contaminants is not considered appropriate. Some information on absorption, repeated dose studies up to 2 weeks duration If performed for this purpose, however, the disposition, and clearance in relevant animal have been considered adequate to support rationale should be provided. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61519

4.8 Carcinogenicity Studies primate. In such cases, mechanistic studies Dated: November 10, 1997. Standard carcinogenicity bioassays are indicating that similar effects are likely to be LaVerne Y. Stringfield, generally inappropriate for biotechnology- caused by a new but related molecule may Committee Management Officer, NIH. obviate the need for formal reproductive/ derived pharmaceuticals. However, product- [FR Doc. 97–30204 Filed 11–17–97; 8:45 am] specific assessment of carcinogenic potential developmental toxicity studies. In each case, may still be needed depending upon duration the scientific basis for assessing the potential BILLING CODE 4140±01±M of clinical dosing, patient population, and/or for possible effects on reproduction/ biological activity of the product (e.g., growth development should be provided. factors, immunosuppressive agents, etc.). Note 3 DEPARTMENT OF HEALTH AND When there is a concern about carcinogenic HUMAN SERVICES With some biopharmaceuticals, there is a potential, a variety of approaches may be potential concern about accumulation of National Institutes of Health considered to evaluate risk. spontaneously mutated cells (e.g., via Products that may have the potential to facilitating a selective advantage of Prospective Grant of Exclusive support or induce proliferation of proliferation) leading to carcinogenicity. The transformed cells and clonal expansion standard battery of genotoxicity tests is not License: Immunodampening possibly leading to neoplasia should be designed to detect these conditions. Technology evaluated with respect to receptor expression Alternative in vitro or in vivo models to AGENCY: National Institutes of Health, in various malignant and normal human cells address such concerns may have to be that are potentially relevant to the patient developed and evaluated. Public Health Service, DHHS. population under study. The ability of the ACTION: Notice. product to stimulate growth of normal or Dated: November 12, 1997. malignant cells expressing the receptor William K. Hubbard, SUMMARY: This is notice in accordance should be determined. When in vitro data Associate Commissioner for Policy with 35 U.S.C. 209(c)(1) and 37 CFR give cause for concern about carcinogenic Coordination. 404.7(a)(1)(i) that the National Institutes potential, further studies in relevant animal [FR Doc. 97–30274 Filed 11–17–97; 8:45 am] of Health (NIH), Department of Health models may be needed. Incorporation of sensitive indices of cellular proliferation in BILLING CODE 4160±01±F and Human Services, ins contemplating long-term repeated dose toxicity studies may the grant of an exclusive world-wide provide useful information. license to practice the invention In those cases where the product is DEPARTMENT OF HEALTH AND embodied in U.S. Patent Number biologically active and nonimmunogenic in HUMAN SERVICES 5,585,250 and pending U.S. Patent rodents and other studies have not provided Application Serial No. 08/764.575 both sufficient information to allow an assessment National Institutes of Health entitled ‘‘Dampening of an of carcinogenic potential, then the utility of Immunodominant Epitope of an Antigen National Institute of Arthritis and a single rodent species should be considered. for Use in Plant, Animal and Human Careful consideration should be given to the Musculoskeletal and Skin Diseases; Compositions and Immunotherapies’’ selection of doses. The use of a combination Notice of Closed Meeting of pharmacokinetic and pharmacodynamic and related foreign patent applications endpoints with consideration of comparative Pursuant to Section 10(d) of the to Biological Memetics, Inc., of receptor characteristics and intended human Federal Advisory Committee Act, as Frederick, Maryland. The patent rights exposures represents the most scientifically amended (5 U.S.C. Appendix 2), notice in this invention have been assigned to based approach for defining the appropriate is hereby given of the following the United States of America. doses. The rationale for the selection of doses National Institute of Arthritis and It is anticipated that this license will should be provided. Musculoskeletal and Skin Diseases be limited to the field of vaccines for the 4.9 Local Tolerance Studies Special Emphasis Panel (SEP) meeting: treatment and prevention of infectious Local tolerance should be evaluated. The Name of SEP: Mechano Transduction in diseases in animals and humans. formulation intended for marketing should Bone. DATES: Only written comments and/or be tested; however, in certain justified cases, Date: December 18, 1997. applications for a license which are the testing of representative formulations Time: 8:00 a.m.–5:00 p.m. received by NIH on or before February may be acceptable. In some cases, the Place: Holiday Inn Bethesda, 8120 17, 1998 will be considered. potential adverse effects of the product can Wisconsin Avenue, Bethesda, Maryland ADDRESSES: Requests for a copy of the be evaluated in single or repeated dose 20814. toxicity studies, thus obviating the need for Contact Person: Tommy L. Broadwater, patent and/or patent application, separate local tolerance studies. Ph.D., Scientific Review Administrator, inquires, comments and other materials relating to the contemplated license Notes Natcher Building, 45 Center Drive, Rm 5AS25U, Bethesda, Maryland 20892–6500, should be directed to: Robert Benson, Note 1 Telephone: 301–594–4952. Patent Advisor, Office of Technology Animal models of disease may be useful in Purpose/Agenda: To evaluate and review a Transfer, National Institutes of Health, defining toxicity endpoints, selection of research grant application. 6011 Executive Blvd., Suite 325, clinical indications, and determination of This meeting will be closed in accordance Rockville, MD 20852–3804; Telephone: appropriate formulations, route of with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. The (301) 496–7056, x267; Facsimile: (301) administration, and treatment regimen. It 402–0220. should be noted that with these models of discussion of this application could reveal disease there is often a paucity of historical confidential trade secrets or commercial SUPPLEMENTARY INFORMATION: The patent data for use as a reference when evaluating property such as patentable material and and pending patent application describe study results. Therefore, the collection of personal information concerning individual a broadly applicable method of concurrent control and baseline data is associated with the application, the redirecting the immune response to an critical to optimize study design. disclosure of which would constitute a antigen from an immunodominant clearly unwarranted invasion of personal Note 2 privacy. epitope to another epitope by altering the immunogenicity of the There may be extensive public information (Catalog of Federal Domestic Assistance available regarding potential reproductive Program Nos. [93.846, Project Grants in immunodominant epitope. The method and/or developmental effects of a particular Arthritis, Musculoskeletal and Skin Disease is most useful for those pathogens with class of compounds (e.g., interferons) where Research], National Institutes of Health, a highly variable immunodominant the only relevant species is the nonhuman HHS) epitope, such as HIV, HCV or gonorrhea. 61520 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

By immunodampening the dominant meeting of the NTP Board of Scientific meeting so copies can be made and epitope the immune system then reacts Counselors’ Technical Reports Review distributed to all Subcommittee to other more conserved epitopes. Subcommittee on December 9 and 10, members, ad hoc expert consultants, The prospective exclusive license will 1997, in the Conference Center, and staff, and made available at the be royalty-bearing and will comply with Building 101, South Campus, National meeting for attendees. Written the terms and conditions of 35 U.S.C. Institute of Environmental Health statements should supplement and may 209 and 37 CFR 404.7. This prospective Sciences (NIEHS), 111 Alexander Drive, expand on the oral presentation. Oral exclusive license may be granted unless Research Triangle Park, North Carolina. presentations should be limited to no within 90 days from the date of this The meeting will begin at 1:30 p.m. on more than five minutes. published notice, NIH receives written December 9, and at 8:30 a.m. on evidence and argument that established December 10, and is open to the public. The program would welcome that the grant of the license would not The agenda topic is the peer review of receiving toxicology and carcinogenesis be consistent with the requirements of draft Technical Reports of long-term information from completed, ongoing, 35 U.S.C. 209 and 37 CFR 404.7. toxicology and carcinogenesis studies or planned studies by others, as well as Applications for a license filed in from the National Toxicology Program. current production data, human response to this notice will be treated as Additionally, there will be a exposure information, and use patterns objections to the grant of the presentation made concerning data for any of the chemicals listed in this contempleted license. Comments and obtained from transgenic mouse models announcement. Please contact Central objections submitted to this notice will on several of the chemicals being Data Management at the address given not be made available for public reviewed. above, and they will relay the inspection and, to the extent permitted Tentatively scheduled to be peer information to the appropriate staff by law, will not be released under the reviewed on December 9–10 are draft scientist. Freedom of Information Act, 5 U.S.C. Technical Reports of 10 two-year § 552. The Executive Secretary, Dr. Larry G. studies, listed alphabetically, along with Hart, P.O. Box 12233, Research Triangle Dated: November 5, 1997. supporting information in the attached Park, North Carolina 27709 (telephone Barbara M. McGarey, table. All studies were done using 919/541–3971; FAX 919/541–0295; Deputy Director, Office of Technology Fischer 344 rats and B6C3F1 mice. The email [email protected]) will furnish Transfer. order of review is given in the far right agenda and a roster of Subcommittee [FR Doc. 97–30202 Filed 11–17–97; 8:45 am] column of the table. Copies of the draft members and expert consultants prior to BILLING CODE 4140±01±M Reports may be obtained, as available, from: Central Data Management, MD the meeting. Summary minutes E1–02, P.O. Box 12233, Research subsequent to the meeting will be DEPARTMENT OF HEALTH AND Triangle Park, NC 27709 (919/541– available upon request to Central Data HUMAN SERVICES 3419), FAX (919/541–3687), email: Management. [email protected]. Attachment. Public Health Service Public comment on any of the Charles E. Leasure, Jr., Technical Reports is welcome. Persons National Toxicology Program; National Acting Director, National Toxicology wanting to make a formal presentation Toxicology Program (NTP), Board of Program. Scientific Counselors' Meeting; Review regarding a particular Technical Report of Draft NTP Technical Reports must notify the Executive Secretary by telephone, by FAX, by mail, or by email Pursuant to Public Law 92–463, no later than December 4, 1997, and notice is hereby given of the next provide a written copy in advance of the

SUMMARY DATA FOR TECHNICAL REPORTS TENTATIVELY SCHEDULED FOR REVIEW AT THE MEETING OF THE NTP BOARD OF SCIENTIFIC COUNSELOR'S TECHNICAL REPORTS REVIEW SUBCOMMITTEE [December 9±10, 1997]

Tech- nical Chemical CAS No. route/ Primary uses Exposure levels Review report order number

1-Chloro-2-Propanol, Technical, 127± TR±477 Chemical intermediate for propylene Dosed-Water (deionized water): Rats: 10 00±4. oxide & other organic compounds. 0, 150, 325, or 650 ppm; Mice: 0, 250, 500, or 1000 ppm (50/sex/ group). Coconut Oil Acid, Diethanolamine Con- TR±479 Foam stabilizer in shampoos and dish- Topical (95% ethanol): Rats: 0, 50, or 2 densate, 68603±42±9. washing liquids; dyeing assistant in 100 mg/kg; Mice: 0, 100, or 200 mg/ textile processing. kg (50 sex/species/group). Diethanolamine, 111±42±2 ...... TR±478 Production of textile lubricants. Rubber Topical (ethanol): Male Rats: 0, 16, 32, 1 chemicals intermediate; emulsifier in or 64 mg/kg; Female Rats: 0, 8, 16, agricultural chemicals, cosmetics, or 32 mg/kg; Mice: 0, 40, 80, or 160 and pharmaceuticals; gas condi- mg/kg (50/sex/species/group). tioning agent. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61521

SUMMARY DATA FOR TECHNICAL REPORTS TENTATIVELY SCHEDULED FOR REVIEW AT THE MEETING OF THE NTP BOARD OF SCIENTIFIC COUNSELOR'S TECHNICAL REPORTS REVIEW SUBCOMMITTEEÐContinued [December 9±10, 1997]

Tech- nical Chemical CAS No. route/ Primary uses Exposure levels Review report order number

Furfuryl Alcohol, 098±00±0 ...... TR±482 Solvent for ethers and esters; in manu- Inhalation (air): Rats & Mice: 0, 2, 8, or 8 facture of phenolic and furan resins. 32 ppm (50/sex/species/group). chemical intermediate. wetting agent; liquid propellant; flavoring agent, ob- tained from processing corncobs, coffee beans. Isobutene, 115±11±7 ...... TR±487 Production of diisobutylene, trimers, Inhalation (air): Rats & Mice: 0, 500, 6 butyl rubber, antioxidants for foods, 2000, or 8000 ppm 50/sex/species/ packaging, food supplements & plas- group). tics, isooctane, high-octane aviation gasoline, polyisobutene resins. (NTP Executive Summary). Isoprene 78±79±5 ...... TR±486 Monomer and comonomer for Inhalation (air): Rats: 0, 220, 700, or 7 elastomers, prepared from turpen- 7000 ppm; 50/sex/group). tine, petroleum products (Merck 1989). Lauric Acid, Diethanolamine Conden- TR±480 Foam stabilizer for liquid household de- Topical (95% ethanol): Rats: 0, 50, or 3 sate, 120±40±1. tergents and shampoos. 100 mg/kg; Mice: 0, 100, or 200 mg/ kg (50/sex/species/group. Oleic Acid, Diethanolamine Condensate, TR±481 Surfactant in wax emulsion; to increae Topical (95% ethanol): Rats: 0, 50, or 4 93±83±4. shampoo viscosity. 100 mg/kg; 50/sex/group; Mice: 0, 15, or 30 mg/kg; 55/sex/group. Pentachlorophenol, Purified, 87±86±5 .... TR±483 Wood preservative, fungicide, soil fumi- Dosed-Feed (NIH±07); Rats: 0, 200, 5 gant for termites, preharvest defo- 400, or 600 ppm; 50/sex/groupÐ liant, seed treatment for beans, pre- 1000 ppm Stop Study (60/sex). servative for paint, leather, textiles, inks, antibacterial agent in disinfect- ants & cleaners (HSDB 1990). Pyridine 110±86±1 ...... TR±470 Solvent, organic synthesis, flavoring in- Dosed-Water (deionized water): Rats: 9 gredient, manufacture of fungicides, 0, 100, 200, or 400 ppm; Male Mice: pharmaceuticals, dyestuff, explo- 0, 250, 500, or 1000 ppm; Female sives, mfr. of vitamins, sulfa drugs, Mice: 125, 250 or 500 ppm; Male intermediate in manufacture of diquat Wistar Rats: 0, 100, 200, or 400 ppm & paraquat, waterproofing textiles (50/sex/group). (HSDB 1990).

[FR Doc. 97–30203 Filed 11–17–97; 8:45 am] during surveys) the dwarf wedge Documents and other information BILLING CODE 4140±01±P mussel, Alasmidonta heterodon, submitted with this application are throughout the species range in North available for review, subject to the Carolina, for the purpose of requirements of the Privacy Act and DEPARTMENT OF THE INTERIOR enhancement of survival of the species. Freedom of Information Act, by any Applicant: David L. Leonard, Sebring, party who submits a written request for Fish and Wildlife Service Florida PRT–836133. a copy of such documents to the The applicant requests authorization following office within 30 days of the Notice of Receipt of Application for to take (harass during installation of date of publication of this notice: U.S. cavity inserts) the red-cockaded Endangered Species Permit Fish and Wildlife Service, 1875 Century woodpecker, Picoides borealis, at St. Boulevard, Suite 200, Atlanta, Georgia The following applicants have Sebastian River State Buffer Preserve, applied for permits to conduct certain Brevard County, Florida, for the purpose 30345 (Attn: David Dell, Permit activities with endangered species. This of enhancement of survival of the Biologist). Telephone: 404/679–7313; notice is provided pursuant to Section species. Fax: 404/679–7081. 10(c) of the Endangered Species Act of Written data or comments on these Dated: November 3, 1997. 1973, as amended (16 U.S.C. 1531 et applications should be submitted to: Sam D. Hamilton, seq.): Regional Permit Biologist, U.S. Fish and Regional Director. Applicant: Mark Hartman, Nashville, Wildlife Service, 1875 Century Tennessee PRT–836121. Boulevard, Suite 200, Atlanta, Georgia [FR Doc. 97–30196 Filed 11–17–97; 8:45 am] The applicant requests authorization 30345. All data and comments must be BILLING CODE 4310±55±P to take (salvage dead shells, and harass received by December 18, 1997. 61522 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

DEPARTMENT OF THE INTERIOR the Act and NEPA regulations (40 CFR species are not uniform; several habitat 1506.6). The Service specifically types are distinguishable. The species Fish and Wildlife Service requests comment on the inhabits primary dunes, interdune areas, appropriateness of the ‘‘No Surprises’’ secondary dunes, and scrub dunes. The Availability of an Environmental assurances should the Service depth and area of these habitats from Assessment and Finding of No determine that an ITP will be granted the beach inland varies. Population Significant Impact, and Receipt of an and based upon the submitted HCP. surveys indicate that this subspecies is Application for an Incidental Take Although not explicitly stated in the usually more abundant in primary Permit for a Residential Development HCP, the Service has, since August dunes than in secondary dunes, and Proposal Called Phoenix VIII, in the 1994, announced its intention to honor usually more abundant in secondary City of Orange Beach, Baldwin County, a ‘‘No Surprises’’ Policy for applicants dunes than in scrub dunes. Optimal AL seeking ITPs. Copies of the Service’s habitat consists of dune systems with all ‘‘No Surprises’’ Policy may be obtained AGENCY: Fish and Wildlife Service, dune types. Though fewer ABM inhabit Interior. by making a written request to the scrub dunes, these high dunes can serve Regional Office (see ADDRESSES). The as refugia during devastating hurricanes ACTION: Notice. Service is soliciting public comments that overwash, flood, and destroy or Brett Real Estate, Robinson and review of the applicability of the alter secondary and frontal dunes. ABM Development Company, Inc. ‘‘No Surprises’’ Policy to this surveys on the Applicant’s property did (Applicant), seeks an incidental take application and HCP. not reveal habitat occupied by ABM; permit (ITP) from the Fish and Wildlife DATES: Written comments on the ITP however, the Applicant is seeking Service (Service), pursuant to Section application, EA, and HCP should be compliance with the Act in an 10(a)(1)(B) of the Endangered Species sent to the Service’s Regional Office (see abundance of caution. The Applicant’s Act of 1973 (16 U.S.C. 1531 et seq.), as ADDRESSES) and should be received on property does not contain designated amended (Act). The ITP would or before December 18, 1997. critical habitat for the ABM. authorize for a period of 30 years the ADDRESSES: Persons wishing to review Construction of the Project may result in incidental take of an endangered the application, HCP, and EA may the death of, or injury to, ABM. Habitat species, the Alabama beach mouse, obtain a copy by writing the Service’s alterations due to condominium Peromyscus polionotus ammobates Southeast Regional Office, Atlanta, placement and subsequent human (ABM). The Applicant made the Georgia. Documents will also be habitation of the Project may reduce decision to assume ABM are present available for public inspection by available habitat for food, shelter, and based on surveys on adjacent property. appointment during normal business reproduction. The project would be called Phoenix hours at the Regional Office, 1875 The EA considers the environmental VIII and consists of a single fourteen- Century Boulevard, Suite 200, Atlanta, consequences of several alternatives. story condominium tower with 81 Georgia 30345 (Attn: Endangered One action proposed is the issuance of residential units, parking areas, and a Species Permits), or Field Supervisor, the ITP based upon submittal of the swimming pool on 5.06 acres. U.S. Fish and Wildlife Service, Post HCP as proposed. This alternative Associated landscaped grounds and a Office Drawer 1190, Daphne, Alabama provides for restrictions that include dune walkover structure would also be 36526. Written data or comments conserving almost 86 percent of the constructed. A more detailed concerning the application, EA, or HCP Project’s best ABM habitat conserved description of the mitigation and should be submitted to the Regional (essentially primary and secondary minimization measures to address the Office. Requests for the documentation dunes), establishment of one walkover effects of the Project to the protected must be in writing to be processed. structure across primary and secondary species are outlined in the Applicant’s Comments must be submitted in writing dune features, a prohibition against Habitat Conservation Plan (HCP) and in to be processed. Please reference permit housing or keeping pet cats, ABM the SUPPLEMENTARY INFORMATION section number PRT–834795 in such comments, competitor control and monitoring below. or in requests of the documents measures, scavenger-proof garbage The Service also announces the discussed herein. containers, restoration of dune systems, availability of an environmental FOR FURTHER INFORMATION CONTACT: Mr. the creation of educational and assessment (EA) and HCP for the Rick G. Gooch, Regional Permit information brochures on ABM incidental take application. Copies of Coordinator, (see ADDRESSES above), conservation, and the minimization and the EA and/or HCP may be obtained by telephone: 404/679–7110; or Ms. Celeste control of outdoor lighting. Further, the making a request to the Regional Office South, Fish and Wildlife Biologist, HCP proposes to provide an endowment (see ADDRESSES). Requests must be in Daphne, Alabama, Field Office (see of $20,865 to acquire ABM habitat writing to be processed. This notice also ADDRESSES above), telephone: 334/441– offsite or otherwise perform some other advises the public that the Service has 5181. conservation measure for the ABM. The made a preliminary determination that SUPPLEMENTARY INFORMATION: The HCP provides a funding source for these issuing the ITP is not a major Federal Alabama beach mouse (ABM), mitigation measures, as well as action significantly affecting the quality Peromyscus polionotus ammobates, is a monitoring of the HCP, should an ITP be of the human environment within the subspecies of the common oldfield issued by the Service. Another meaning of Section 102(2)(C) of the mouse, Peromyscus polionotus, and is alternative is consideration of a different National Environmental Policy Act of restricted to the dune systems of the project design that might result in more 1969, as amended (NEPA). The Finding Gulf Coast of Alabama. The known impacts to the ABM and its habitat. A of No Significant Impact (FONSI) is current range of ABM extends from Fort third alternative is no-action, or deny based on information contained in the Morgan eastward to the western the request for authorization to EA and HCP. The final determination terminus of Alabama Highway 182, incidentally take the ABM. will be made no sooner than 30 days including the Perdue Unit on the Bon As stated above, the Service has made from the date of this notice. This notice Secour National Wildlife Refuge. The a preliminary determination that the is provided pursuant to Section 10 of sand dune systems inhabited by this issuance of the ITP is not a major Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61523

Federal action significantly effecting the agassizii) at the proposed mine site, The applicant needs an incidental quality of the human environment located in San Bernardino County, take permit from the Service because within the meaning of Section 102(2)(C) California. The permit also would endangered and threatened wildlife of NEPA. This preliminary information include the state-listed threatened species are protected against ‘‘take’’ may be revised due to public comment Mojave ground squirrel (Spermophilus pursuant to section 9 of the ESA. The received in response to this notice and mohavensis) and the unlisted term ‘‘take’’ means to harass, harm, is based on information contained in the loggerhead shrike (Lanius ludovicianus), pursue, hunt, shoot, wound, kill, trap, EA and HCP. An appropriate excerpt should these species be listed during the capture, or collect listed animal species, from the FONSI reflecting the Service’s life of the permit. This notice announces or attempt to engage in such conduct (16 finding on the application is provided the availability of the permit application U.S.C. 1538). The Service, however, below: and the environmental assessment. The may issue permits to take listed animal Based on the analysis conducted by permit application includes the habitat species if such taking is incidental to, the Service, it has been determined that: conservation plan for the Wildwash and not the purpose of, otherwise lawful • Issuance of the ITP will not Sand and Gravel Mine and an activities. Regulations governing appreciably reduce the likelihood of implementing agreement. The Service permits for threatened and endangered survival and recovery of the effected requests comments on these documents, species are at 50 CFR 17.22 and 17.32. species in the wild. including the appropriateness of the As part of the permit application, the • The HCP contains provisions which ‘‘No Surprises’’ assurances contained in applicant prepared a habitat sufficiently minimize and/or mitigate section 12.3.a of the implementing conservation plan that addresses the the impacts of issuing the ITP. agreement. All comments received, desert tortoise, Mojave ground squirrel, • Issuance of the ITP would not have including names and addresses, will and loggerhead shrike. Pursuant to significant effects on the human become part of the administrative record section 10(a)(1)(B) of the Federal ESA, environment in the project area. and may be made available to the the Service proposes to issue a permit • The proposed take is incidental to public. to the applicant for incidental take of an otherwise lawful activity. the threatened desert tortoise, and for DATES: • Adequate funding will be provided Written comments should be the Mojave ground squirrel and to implement the measures proposed in received on or before December 18, loggerhead shrike should Federal take the submitted HCP and authorizing ITP. 1997. authorization for these latter two species The Service will also evaluate ADDRESSES: Comments should be be necessary during the life of the whether the issuance of a Section addressed to Ms. Diane Noda, Field permit. The ground squirrel and shrike 10(a)(1)(B) ITP complies with Section 7 Supervisor, Ventura Fish and Wildlife would be named on the permit; of the Act by conducting an intra- Service, 2493 Portola Road, Suite B, however, incidental take authorization Service Section 7 consultation. The Ventura, California 93003. Written for these species would become results of the biological opinion, in comments may also be sent by facsimile effective only if they become listed combination with the above findings, to (805) 644–3958. under the Federal ESA. will be used in the final analysis to FOR FURTHER INFORMATION, CONTACT: Mr. The proposed sand and gravel mine determine whether or not to issue the Ray Bransfield, Fish and Wildlife would result in the loss of habitat for ITP. Biologist, at the above address or call the desert tortoise, Mojave ground squirrel, and loggerhead shrike as the Dated: November 4, 1997. (805) 644–1766. ground is disturbed and the vegetation H. Dale Hall, SUPPLEMENTARY INFORMATION: communities are removed during Deputy Regional Director. Availability of Documents mining activities. This mining could [FR Doc. 97–30198 Filed 11–17–97; 8:45 am] directly and indirectly affect these BILLING CODE 4310±55±P Individuals wishing copies of the species. documents should immediately contact The proposed action would authorize the Service’s Ventura Fish and Wildlife the incidental take of all desert tortoises DEPARTMENT OF THE INTERIOR Office at the above referenced address or on the 100 acre site in the form of telephone. Documents also will be harassment from being moved out of Fish and Wildlife Service available for public inspection, by harm’s way. Additionally, two desert appointment, during normal business Availability of an Environmental tortoises may be taken in the form of hours at the above address. direct mortality associated with mining Assessment and Receipt of an activities and vehicle travel on the mine Application for an Incidental Take Background access road. If Mojave ground squirrels Permit for the Wildwash Sand and The permit applicant proposes phased are present on site, they would likely be Gravel Mine, San Bernardino County, mining of up to 100 acres of desert killed during the initial grading of the CA habitat adjacent to Interstate 15. mining areas. Loggerhead shrikes are AGENCY: Fish and Wildlife Service. Portions of the site are occupied by the unlikely to be killed or injured by the ACTION: Notice of availability. desert tortoise. One loggerhead shrike proposed action. was observed on site during biological The applicant’s habitat conservation SUMMARY: E. L. Yeager Construction surveys. The site is considered plan contains measures to minimize Company, Incorporated, of Riverside, potentially suitable habitat for the and/or mitigate the effects of the mining California, has applied to the Fish and Mojave ground squirrel, although on the three species. Before mining Wildlife Service for a 20-year incidental surveys were not conducted for this begins, an amount of desert tortoise take permit pursuant to section species. During the initial mining phase, habitat equal to that being destroyed 10(a)(1)(B) of the Endangered Species lasting 5 years, the applicant would would be purchased and placed under Act of 1973, as amended (ESA). The mine sand and gravel on up to 35 acres management for recovery of the desert Service proposes to issue an incidental of land. During the subsequent phase(s), tortoise. A fence to prevent desert take permit for the federally-listed lasting 15 years, the applicant would tortoises from entering the mine would threatened desert tortoise (Gopherus mine up to an additional 65 acres. be constructed under the supervision of 61524 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices a biologist and the area enclosed by the Dated: November 12, 1997. 703–648–5514; facsimile 703–648–5755; fence would be systematically searched. Thomas Dwyer, or Internet ‘‘[email protected].’’ All desert tortoises found would be Acting Regional Director, Region 1, Portland, Reviewer’s comments may be sent to relocated to adjacent habitat in a Oregon. the FGDC via Internet mail to: manner consistent with current [FR Doc. 97–30200 Filed 11–17–97; 8:45 am] [email protected]. Reviewer handling procedures and guidelines. BILLING CODE 4310±55±P comments may also be sent to the FGDC Workers at the mine site would be Secretariat at the above address. Please educated about the status of the desert send one hardcopy version of the DEPARTMENT OF THE INTERIOR comments and a soft copy version, tortoise and what to do if desert × tortoises are found on access roads or preferably on a 3.5 3.5 diskette in Geological Survey WordPerfect 5.0 or 6.0/6.1 format. during work activities. The applicant For answers to questions related to would ensure that trash is handled in a Federal Geographic Data Committee the content of the standard please way that does not lure predators of the (FGDC); Public Review of Utilities Data contact the Federal Geographic Data desert tortoise into the area. Content Standard Committee (FGDC) Facilities Working The phasing of mining would reduce Group, U.S. Army Corps of Engineers, ACTION: Notice; request for comments. the numbers of Mojave ground squirrels General Engineering Branch 20 killed at any given time. The acquisition SUMMARY: The FGDC is conducting a Massachusetts Avenue, NW, and management of off-site habitat public review of the Utilities Data Washington, DC 20314–1000; voice would be the primary means of Content Standard. The purpose of this telephone numbers: Kevin Backe (703) compensating for the loss of this habitat public review is to provide data users 428–6505, Nancy Blyler facsimile and individual Mojave ground squirrels. and producers with an opportunity to telephone number: (703) 428–6991. Nest tree buffers and grading season comment on this standard in order to Dated: October 10, 1997. restrictions would protect any ensure that it meets their needs. John Fischer, loggerhead shrikes nesting on site. Specifically, the FGDC request Acting Chief, National Mapping Division, U.S. During reclamation of the site, trees responses in three areas: (1) Identify any Geological Survey. would be planted that provide nesting ‘‘ad hoc’’ or ‘‘defacto’’ standards being [FR Doc. 97–30167 Filed 11–17–97; 8:45 am] habitat for the loggerhead shrike. used that address data content for BILLING CODE 4310±31±M utilities systems; (2) identify additional Environmental Assessment feature classes, feature types, attributes, The environmental assessment and domains not contained in this DEPARTMENT OF THE INTERIOR considers the environmental standard that are necessary to meet a user’s requirements; (3) identify any National Park Service consequences of the proposed action issues that a user may have in and no action alternatives. A no take implementing the information Homestead National Monument of alternative was not feasible due to the contained in the utilities standard into America, NE size of the proposed mine and the a system’s feature schema. AGENCY: National Park Service, Interior. unpredictable distribution of desert Participants in the public review are tortoises in the project area. Under the ACTION: Notice of intent. encouraged to provide comments that no action alternative, the Service would address specific issues/changes/ SUMMARY: Pursuant to section 102(2)(C) not issue an incidental take permit to additions that may result in revisions to of the National Environmental Policy the applicant and a habitat conservation the draft utilities standard. All Act, the National Park Service, plan would not be implemented. The participants who make comments Department of the Interior will prepare applicant would not be able to proceed during the public review period will an Environmental Impact Statement legally with mining as planned due to receive an acknowledgment of the (EIS) to assess the impact of alternative the presence of listed animal species in receipt of their comment. After management concepts in a revised the area. comments have been considered, General Management Plan (GMP) for Homestead National Monument of Authority participants will receive notification of how their comments were addressed. America. The purpose of revising the This notice is provided pursuant to After the formal adoption of the GMP is to set forth the basic section 10(c) of the ESA and Service standard by the FGDC, the revised management philosophy for the next 10 regulations for implementing the standard and a summary analysis of the to 15 years, and provide the strategies National Environmental Policy Act of changes will be made available. for addressing issues and achieving identified management objectives. Some 1969 (40 CFR 1506.6). The Service will DATES: Comments must be received on of the issues needing addressing are: evaluate the application, its associated or before March 6, 1998. flooding threats to the park’s developed documents, and comments submitted FOR FURTHER INFORMATION CONTACT: The infrastructure and operations much of thereon to determine whether the standard can be downloaded from the which resides or occurs in a floodplain; application meets the requirements of following Internet address: http:// the restored tallgrass prairie’s the ESA. If the Service determines that www.fgdc.gov/Standards/Documents/ relationship to the park’s purpose; the requirements are met, a permit will Standards/Utility. cultural landscape alterations be issued for the incidental take of the Requests for written copies of the misrepresenting the historic scene and listed species. A final decision on standard should be addressed to integrity; adequacy of domestic water permit issuance will be made no sooner ‘‘Utilities Data Content Standard’’, and sewerage infrastructure; Highway 4 than 30 days from the date of this FGDC Secretariat (attn: Jennifer Fox), and traffic safety; Freeman School’s notice. U.S. Geological Survey, 590 National interpretive relationship and safe public Center, 12201 Sunrise Valley Drive, access thereto; unfulfilled legislative Reston, Virginia, 20192; or telephone mandates to serve as a repository for Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61525 literature applying to settlement and DEPARTMENT OF THE INTERIOR NEW HAMPSHIRE agricultural implements; interpretive Grafton County themes as identified in the park’s National Park Service enabling legislation; and existing Samuel Morey Memorial Bridge, The, NH physical facilities limitations. The GMP/ National Register of Historic Places; 25A over the Connecticut R., Orford, EIS will investigate alternatives ranging Notification of Pending Nominations 97001523 from no-action to a variety of Hillsborough County development proposals and Nominations for the following properties being considered for listing Goffstown High School, 12 Reed St., management approaches designed to Goffstown, 97001524 guide visitor use and provide for in the National Register were received resource protection. by the National Park Service before NEW YORK November 8, 1997. Pursuant to section To facilitate sound planning and 60.13 of 36 CFR part 60 written Ontario County environmental assessment, the National comments concerning the significance South Bristol Grange Hall 1107, 6457 NY 64, Park Service intends to gather of these properties under the National Bristol Springs, 97001528 information necessary for the Register criteria for evaluation may be Schuyler County preparation of the EIS, and to obtain forwarded to the National Register, suggestions and information from other National Park Service, P.O. Box 37127, Chapman, A.E., House, 115 S. Monroe St., agencies and the public on the scope of Washington, D.C. 20013–7127. Written Watkins Glen, 97001526 issues to be addressed in the EIS. comments should be submitted by Wayne County Comments and participation in the December 3, 1997. scoping process are invited. Red Brick Church, Jct. of Brick Church Rd. Carol D. Shull, and S. Geneva Rd., Sodus Center, A series of public meetings and open Keeper of the National Register. 97001527 houses will be held during the development of the GMP and the ARKANSAS Yates County preparation of the EIS. Notices of the Phillips County Larzelere Tavern, 3858 County House Rd., dates, times, and locations of these Mayo House, 302 Elm St., Marvell, 97001513 Branchport vicinity, 97001525 public sessions will be advertised in local media outlets prior to the events. FLORIDA NORTH CAROLINA Information about public sessions and Washington County Halifax County about the GMP and EIS will also be Whitaker’s Chapel, NC 1003;0.4 mi. E of jct. provided through periodic newsletters. Woman’s Club of Chipley (Clubhouses of Florida’s Womens Clubs MPS), 607 Fifth of NC 1100 and NC 1003, Enfield vicinity, The draft GMP/EIS is expected to be St., Chipley, 97001514 97001522 completed and available for public review by May 15, 1998. LOUISIANA TENNESSEE Cameron Parish Campbell County DATES: Public open houses to collect information and opinions about the Hebert House (Louisiana’s French Creole Perkins, A.E., House, 130 Valley St., scope of issues to be addressed in the Architecture MPS), Roughly jct. of Jacksboro, 97001529 Greenhouse Ln. and LA 3056, Lake Arthur GMP will be held on January 13 and 14, TEXAS 1998. The January 13 open house will vicinity, 97001516 Austin County be held between 7:30 p.m. and 9:00 p.m. East Feliciana Parish at the Beatrice Public Library, 100 North Witte—Schmid House, Off Schoenau, near Taylor House, 5000 LA 10, Jackson vicinity, 16th Street, Beatrice, Nebraska. The 97001518 jct. with Eckermann, Shelby vicinity, January 14 open house will be held 97001531 between 2:00 p.m. and 6:00 p.m. on the Pointe Coupee Parish Bexar County 4th floor of the Federal Building, 100 Samson House (Louisiana’s French Creole Centennial Mall North, Lincoln, Architecture MPS), 405 Richey St., New GoaD Motor Company Building, 317 Nebraska. Roads, 97001515 Lexington Ave., San Antonio, 97001530 ADDRESSES: Written comments and St. Tammany Parish Randall County information concerning preparation Sardy House (Louisiana’s French Creole Amarillo Globe Dream House, 3104 S. should be directed to: Superintendent, Architecture MPS), 810 Main St., Harrison, Amarillo, 97001532 Madisonville, 97001517 Homestead National Monument of WYOMING America, Route 3, Box 47, Beatrice, Webster Parish Nebraska 68310–9116. Comments Sheridan County Watkins House, 109 N. College, Minden, should be received by January 30, 1998. Mount View, 610 S. Jefferson St., Sheridan, 97001519 FOR FURTHER INFORMATION CONTACT: 97001534 NEBRASKA Superintendent, Homestead National Sheridan Flouring Mills, Inc., 2161 Coffeen Monument of America, at the above Gage County Ave., Sheridan, 97001533 address or at telephone number 402- Institution for Feeble Minded Youth Farm, 1 Sweetwater County 223–3514. mi. E of Beatrice State Home and 1 mi. N US Post Office—Green River (Wyoming Post Dated: November 10, 1997. of NE 3, Beatrice vicinity, 97001521 Offices MPS), 3 W. Flaming Gorge Way, William W. Schenk, Jefferson County Green River, 97001535 Regional Director, Midwest Region. District No. 1 School of Jefferson County, Jct. [FR Doc. 97–30194 Filed 11–17–97; 8:45 am] [FR Doc. 97–30253 Filed 11–17–97; 8:45 am] of N. Second and Curtis Sts., Steele City, BILLING CODE 4310±70±P BILLING CODE 4310±70±P 97001520 61526 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

DEPARTMENT OF THE INTERIOR identity which can be reasonably traced 1997. This process is conducted in between these Native American human accordance with 5 CFR 1320.10. National Park Service remains and associated funerary object Written comments, and/or suggestions and the Crow Tribe of Montana. regarding the items contained in this Notice of Inventory Completion for This notice has been sent to officials notice, especially regarding the Native American Human Remains and of the Crow Tribe of Montana, the estimated public burden and associated an Associated Funerary Object From Blackfoot Tribe of the Blackfoot Indian response time, should be directed to the Park County, MT in the Possession of Reservation, and the Shoshone Tribe of Office of Management and Budget, the Buffalo Bill Historical Center, Cody, the Wind River Reservation. Office of Information and Regulatory WY Representatives of any other Indian tribe Affairs, Attention: Ms. Debra Bond, 202– AGENCY: National Park Service. that believes itself to be culturally 395–7316, Department of Justice Desk affiliated with these human remains and Officer, Room 10235, Washington, DC ACTION: Notice. associated funerary objects should 20530. Notice is hereby given in accordance contact Emma I. Hansen, Curator, Written comments and suggestions with provisions of the Native American Buffalo Bill Historical Center, 720 from the public and affected agencies Graves Protection and Repatriation Act Sheridan Avenue, Cody, WY 82414; concerning the proposed collection of (NAGPRA), 25 U.S.C. 3003 (d), of the telephone: (307) 587–4771, before information should address one or more completion of an inventory of human December 18, 1997. Repatriation of the of the following four points: remains and an associated funerary human remains and associated funerary (1) Evaluate whether the proposed object in the possession of the Buffalo objects to the Crow Tribe of Montana collection of information is necessary Bill Historical Center, Cody, WY. may begin after that date if no for the proper performance of the A detailed assessment of the human additional claimants come forward. functions of the agency, including whether the information will have remains was made by Buffalo Bill Dated: November 5, 1997. Historical Center professional staff in practical utility; Francis P. McManamon, (2) Evaluate the accuracy of the consultation with representatives of the Departmental Consulting Archeologist, agencies estimate of the burden of the Crow Tribe of Montana. Manager, Archeology and Ethnography proposed collection of information, In 1974, human remains representing Program. including the validity of the one individual were removed from the [FR Doc. 97–30231 Filed 11–17–97; 8:45 am] methodology and assumptions used; Fricker Ranch by Federal Bureau of BILLING CODE 4310±70±M (3) Enhance the quality, utility, and Investigation personnel following clarity of the information to be notification by the Park County Coroner collected; and that human remains had been (4) Minimize the burden of the discovered. In 1974, these human DEPARTMENT OF JUSTICE collection of information on those who remains were donated to Buffalo Bill Immigration and Naturalization Service are to respond, including through the Historical Center by Mr. and Mrs. use of appropriate automated, Eugene Gardner of the Fricker Ranch. Agency Information Collection electronic, mechanical, or other No known individuals were identified. technological collection techniques or The associated funerary object is a Activities: Proposed Collection; Comment Request other forms of information technology, nickel pendant with a date of 1835. e.g., permitting electronic submission of Based on posterior cradle ACTION: Extension of existing collection. responses. deformation, shovel incisors, and dental Application for asylum and withholding Overview of this information wear patterns, this individual has been of removal. collection: identified as Native American, (1) Type of Information Collection: specifically from the Northern Plains. The Department of Justice, Extension of a currently approved Based on the date of the pendant, this Immigration and Naturalization Service collection. burial is estimated to date to circa the has submitted the following information (2) Title of the Form/Collection: mid-nineteenth century. Historical collection request to the Office of Application for Asylum and documents indicate that Park County Management and Budget (OMB) for Withholding of Removal. was well within the Crow territory of review and clearance in accordance (3) Agency form number, if any, and the nineteenth century. with the Paperwork Reduction Act of the applicable component of the Based on the above mentioned 1995. The information collection was Department of Justice sponsoring the information, officials of the Buffalo Bill previously published in the Federal collection: Form I–589. Office of Historical Center have determined that, Register on July 14, 1997 at 62 FR International Affairs, Asylum Division, pursuant to 43 CFR 10.2(d)(1), the 37604, allowing for an emergency Immigration and Naturalization Service. human remains listed above represent extension with 60-day public comment (4) Affected public who will be asked the physical remains of one individual period. The INS received 11 comments or required to respond, as well as a brief of Native American ancestry. Officials of on the information collection from abstract: Primary: Individuals or the Buffalo Bill Historical Center have members of the general public, Households. The information collected also determined that, pursuant to 25 immigration practitioner, various is used by the INS and EOIR to access U.S.C. 3001(3)(A), the one object listed components of the Executive Office for eligibility of persons applying for above is reasonably believed to have Immigration Review and non- asylum and withholding of deportation. been placed with or near individual governmental organizations. The (5) An estimate of the total number of human remains at the time of death or comments have been reconciled and the respondents and the amount of time later as part of the death rite or collection revised as appropriate. estimated for an average respondent to ceremony. Lastly, officials of the Buffalo The purpose of this notice is to allow respond: 80,000 responses at three and Bill Historical Center have determined an additional 30 days for public one half (3.16) hours per response. that, pursuant to 25 U.S.C. 3001(2), comments. Comments are encouraged (6) An estimate of the total public there is a relationship of shared group and will be accepted until December 18, burden (in hours) associated with the Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61527 collection: 252,800 annual burden of Justice, Room 5307, 425 I Street, NW., Justice, Information Management and hours. Washington, DC 20536. Additionally, Security Staff, Justice Management If you have additional comments comments and/or suggestions regarding Division, Suite 850, Washington Center, suggestions, or need a copy of the the item(s) contained in this notice, 1001 G Street, NW, Washington, DC proposed information collection especially regarding the estimated 20530. instrument with instructions, or public burden and associated response Dated: November 12, 1997. additional information, please contact time may also be directed to Mr. Robert B. Briggs, Richard A. Sloan 202–514–3291, Richard A. Sloan. Director, Policy Directives and If additional information is required Department Clearance Officer, United States Instructions Branch, Immigration and contact: Mr. Robert B. Briggs, Clearance Department of Justice. Naturalization Service, U.S. Department Officer, United States Department of BILLING CODE 4410±18±M 61528 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61529 61530 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61531 61532 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61533 61534 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61535 61536 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61537 61538 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61539 61540 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61541 61542 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61543 61544 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61545 61546 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61547 61548 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

[FR Doc. 97–30192 Filed 11–17–97; 8:45 am] BILLING CODE 4410±18±C Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61549

DEPARTMENT OF JUSTICE to their local law enforcement agencies, Type of Assistance law enforcement officers recording the It is anticipated that assistance, in the Office of Justice Programs fact that the reported incident is a hate form of one cooperative agreement of up or bias crime, official determination that Bureau of Justice Statistics; Hate to $100,000, will be awarded for a one- the reported crime was indeed bias- year period of study. Crime Statistics Improvement Program motivated, and transmitting the [OJP (BJS)±1144] information from local law enforcement Statutory Authority agencies to the FBI’s UCR program. The cooperative agreement to be RIN 1121±ZA90 These factors complicate the Attorney awarded pursuant to this solicitation AGENCY: Bureau of Justice Statistics General’s efforts to publish a meaningful will be funded by the Bureau of Justice (BJS), Office of Justice Programs (OJP), annual report on hate crimes under the Statistics consistent with its mandate as Justice. Hate Crime Statistics Act (HCSA). While set forth in 42 U.S.C. 3732. ACTION: Solicitation for award of the HCSA does not specify any Eligibility Requirements cooperative agreement. particular method of data collection, the Attorney General delegated the duty of Consistent with fiscal requirements of SUMMARY: The purpose of this notice is collecting hate crime statistics to the the Department of Justice’s Office of to announce a public solicitation for Director of the FBI who, in turn, Justice Programs, both profit-making services related to improving the assigned this responsibility to the FBI’s and nonprofit organizations may apply accuracy and geographic coverage of UCR program. The FBI assembles the for funds. However, no fees may be hate crime statistics, developing trend information provided by state and local charged against the project by profit- data with regard to hate crime statistics agencies and annually publishes a making organizations. and identifying ‘‘best practices’’ national hate crime statistics report Scope of Work regarding the collection of hate crime which is available from the FBI in statistics. printed form on its website (http:// The object of this solicitation is to DATES: Proposals must be postmarked www.fbi.gov/ucr/hatecm.htm). obtain a cost-effective research study on or before December 30, 1997. The FBI is gradually phasing in a that will assist the federal government ADDRESSES: Proposals should be mailed replacement for the summary UCR in identifying activities to be to: Application Coordinator, Bureau of program which is called the National undertaken in the future towards the Justice Statistics, 810 7th Street, NW, Incident-Based Reporting System goal of improving the accuracy and Suite 2400, Washington, DC 20531, (NIBRS). Every incident reported in the reporting of hate crime statistics, (202) 616–3500. NIBRS program allows for an indicator producing accurate trend data on hate of whether or not it is a hate crime, so crime, and developing ‘‘best practices’’ FOR FURTHER INFORMATION CONTACT: widespread implementation of NIBRS models. Charles R. Kindermann, Ph.D., Senior by law enforcement agencies is The applicant must specify a detailed Statistician, Bureau of Justice Statistics, currently viewed as an important timetable for each task involved in the (202) 616–3489. mechanism for enhancing hate crime project. The successful applicant’s SUPPLEMENTARY INFORMATION: reporting. timetable will be reviewed by the BJS Consistent with its role as the grant monitor; after agreement on a final Background statistical arm of the Justice Department timetable, all work must be completed Crimes motivated by bias are and its longstanding interest in hate as scheduled. devastating because of their impact on crime statistics, the Bureau of Justice The successful applicant must the victims and the polarizing effect that Statistics (BJS) is adding hate crime convene an advisory group comprised of such crimes have on a community. questions to the National Crime representatives from a cross section of Although many people believe that the Victimization Survey (NCVS) to provide the community (to include a hate crime problem is increasing, the a national estimate of the overall extent representative of victim advocates, statistical evidence for an increase is of hate crimes. In addition, BJS has victims, law enforcement agencies, very weak. More specifically, the developed this solicitation to learn more government, business, education, available statistical evidence about the impediments to local legislators). This group will meet understates the incidence of hate crime jurisdictions’ participation in the periodically throughout the course of and does not provide valid indications collection of hate crime statistics and the project to review progress, give of trends. Obtaining accurate transmission of the statistics to the FBI advice, make recommendations for information on the incidence of hate for compilation at the national level. follow-up and implementation of crime is crucial to understanding the The work to be carried out under this research recommendations, and to full scope of the problem and effectively solicitation will be closely coordinated review the final report. Both BJS and the deploying resources to combat it. with the FBI. FBI will provide key input to the Currently, hate crime statistics are selection of membership on the group. Objectives compiled by the Federal Bureau of Staff work (including both Investigation (FBI) under the Uniform The purpose of this award is to administrative support for meetings, Crime Reporting (UCR) program, which develop and/or recommend payment, and substantive drafting tasks) itself relies on voluntarily reported data. methodologies and procedures that will for the group will be provided by the Little more than half the nation’s 16,000 improve the quality and accuracy of recipient organization. UCR-participating law enforcement hate crime statistics, to improve the In addition, the applicant must agencies report hate crime data, and a geographic coverage of hate crime choose from the following tasks and majority of those that do participate in statistics, and to recommend procedures propose activities to accomplish the the FBI’s hate crime reporting program that will result in reliable trend data. tasks (not all listed tasks need be indicate that each year their jurisdiction Profiles of jurisdictions that currently included in the application): experienced no hate crimes at all. collect accurate hate crime statistics will 1. Through the evaluation of current There are four points at which failures be developed that will result in ‘‘best hate crimes training programs, in reporting can occur: victims reporting practices’’ models. recommend how they might be utilized 61550 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices or modified to improve the accuracy, proactive efforts by the police to prevent NGLTF Policy Institute. ‘‘Anti-Gay reliability, and geographic coverage of hate crime? and Lesbian Violence in 1994: National hate crime statistics. The recipient must produce a final Trends, Analysis, and Incident 2. Evaluate the effectiveness of report for submission to the Bureau of Summaries.’’ Washington, D.C. 1991. existing training curricula or materials Justice Statistics which details the Nolan, J. & Y. Akiyama. ‘‘Assessing that help law enforcement officers study, and suggests methods of the Factors That Affect Law recognize and report hate or bias- improving the accuracy and geographic Enforcement Participation In Hate motivated crimes, and produce a coverage of hate crime statistics, Crime Reporting.’’ Washington, D.C.: synthesized model incorporating the producing accurate trend data on hate Federal Bureau of Investigation. 1997. best features of them based on crime, and developing ‘‘best practices’’ Office for Victims of Crime. ‘‘National evaluations and other criteria stated in models. Bias Crimes Training for Law the proposal. Enforcement and Victim Assistance Suggested References 3. Improve national estimates of the Professionals: A Guide for Training incidence, type, and trends of hate Bishop, Eric and Jeff Slowikowski. Instructors.’’ Washington, D.C.: U.S. crimes, based on the UCR program as a ‘‘Hate Crime.’’ Fact Sheet 29. Department of Justice. 1995. Washington, D.C.: Office of Juvenile model (data to be aggregated from law Award Procedures enforcement jurisdictions). Justice and Delinquency Prevention, 4. Evaluate the impact of incident- U.S. Department of Justice. August, Proposals should describe in detail based crime reporting systems (that 1995. the procedures to be undertaken in include a check box or similar item for Bureau of Justice Assistance. ‘‘A furtherance of each of the activities identifying each incident as bias- Policymaker’s Guide to Hate Crimes.’’ described under Scope of Work. State by motivated or not) on the quality of hate Washington, D.C.: U.S. Department of number (as listed above) which tasks are crime statistics. Justice. 1996. being included in the proposal and 5. Assess the status of hate crime Community Relations Service. ‘‘Hate provide a brief (several paragraphs) reporting in a stratified sample of law Crime: The Violence of Intolerance.’’ introductory justification as to why enforcement agencies throughout the Washington, D.C.: U.S. Department of these tasks were chosen in furtherance country (the strata could include the Justice. 1997. of the goals. Information on staffing following: degree of urbanization, Federal Bureau of Investigation. ‘‘Hate levels and qualifications should be geographic region, size of agency, and Crime Data Collection Guidelines.’’ included for each task, and descriptions hate crime reporting history). From this Washington, D.C.: U.S. Department of of experience relevant to the project assessment: Justice. 1996. should be included. Resumes of the Federal Bureau of Investigation. proposed project director and key staff —Discuss and recommend steps to be ‘‘Training Guide for Hate Crime Data should be enclosed with the proposal. taken by law enforcement agencies to Collection.’’ Washington, D.C.: U.S. Applications will be reviewed produce quality hate crime statistics. Department of Justice. 1997. competitively by a panel comprised of —Identify effective ‘‘screening’’ and Federal Bureau of Investigation. ‘‘Hate members selected by BJS. The panel ‘‘verification’’ procedures for first Crime Statistics, 1995.’’ Washington, will make recommendations to the identifying and then confirming the D.C.: U.S. Department of Justice. 1996. Director of BJS. Final authority to enter bias motivation. ‘‘Hate Crime Statistics Act of 1990,’’ into a cooperative agreement is reserved —Determine factors associated with Pub. L. 100–275 (104 Stat. 140). 1990. for the Director of BJS or his designee. disparities in hate crime statistics Jacobs, James B. and Barry Eisler. Applications will be evaluated on the reporting. ‘‘The Hate Crime Statistics Act of 1990’’; overall extent to which selected tasks, —Identify impediments to hate crime Criminal Law Bulletin. Warren Gorham and the work performed on them, meet reporting at both the agency and the and Lamont. Boston, Massachusetts. the objectives of the solicitation; individual officer levels. 1993, p. 99–123. respond to the priorities and technical 6. Convene a focus group made up of Klanwatch, a Project of the Southern complexities of the issue of hate crime representatives of groups vulnerable to Poverty Law Center. ‘‘The Dynamics of reporting; specify work activities likely hate crimes, relevant advocacy groups, Youth, Hate and Violence.’’ Klanwatch to produce useful results; conform to and hate crime victims who did not Intelligence Report. Montgomery, standards of high quality data analysis; report the crime to police, to ascertain Alabama. October, 1995. and are fiscally feasible and efficient. methods of improving hate crime Levin, Jack and Jack McDevitt. ‘‘Hate Applicants will be evaluated on the reporting. Crimes: The Rising Tide of Bigotry and basis of: 7. Examine the relationship between Bloodshed.’’ New York. Plenum Press. —Knowledge of issues related to hate the characteristics of jurisdictions and 1993. crime data collection. agencies (population size, regional Lieberman, Michael. ‘‘Federal Action —Knowledge of issues related to the location, UCR crime rate, racial/ethnic to Confront Hate Crimes: Preventing Uniform Crime Reports (UCR) and the mix, age distribution, median income, Violence and Improving Police National Incident Based Reporting presence or absence of community Response.’’ New Challenges: The Civil System (NIBRS). policing, etc.) and the level of reporting Rights Record of the Clinton —Experience in organizing meetings of of hate crime statistics. Administration Mid-Term. Washington, Federal, state, or local professionals 8. Assess the circumstances that led D.C.: Citizens’ Commission on Civil related to criminal justice issues. law enforcement agencies to develop Rights. 1995. p. 217–229. —Research expertise and experience in effective hate crimes programs, such as McLaughlin, Karen A. and Kelly J. data gathering and report writing. whether there was a significant event, or Brilliant. ‘‘Healing the Hate: A National —Availability of qualified professional other factors, that resulted in Bias Crime Prevention Curriculum for and support staff and suitable jurisdictions collecting accurate hate Middle Schools.’’ Washington, D.C.: equipment for project activities. crime statistics; or in what ways was the Office of Juvenile Justice and —Demonstrated fiscal, management and adoption of such hate crime statistics Delinquency Prevention, U.S. organizational capability and collection methods related to instituting Department of Justice. 1997. experience suitable for providing Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61551

sound data within budget and time Dated: November 13, 1997. (2) Evaluate the accuracy of the constraints. Jan M. Chaiken, agency’s estimate of the burden of the —Reasonableness of estimated costs for Director, Bureau of Justice Statistics. proposed collection of information, the total project and for individual [FR Doc. 97–30271 Filed 11–17–97; 8:45 am] including the validity of the cost categories. BILLING CODE 4410±18±P methodology and assumptions used; (3) Enhance the quality, utility, and Application and Awards Process clarity of the information to be DEPARTMENT OF JUSTICE collected; and An original and two (2) copies of a (4) Minimize the burden of the full proposal must be submitted with SF Office of Juvenile Justice and collection of information on those who 424 (Rev. 1988), ‘‘Application for Delinquency Prevention are to respond, including through the Federal Assistance,’’ as the cover sheet. use of appropriate automated, Proposals must be accompanied by a Agency Information Collection electronic, mechanical, or other Budget Detail Worksheet (replaced the Activities: New Collection; Comment technical collection techniques or other SF 424A, Budget Information); OJP Request forms of information technology, e.g., Form 4000/3 (Rev. 1–93), Program ACTION: Request OMB approval; The permitting electronic submission of Narrative and Assurances’ OJP Form Second National Incidence Studies of response. 4061/6, Certifications Regarding Missing, Abducted, Runaway and Overview of this information Lobbying; Debarment, Suspension and Thrownaway Children (NISMART 2). collection: (1) Type of Information Collection: Other Responsibility Matters; and Drug- The Office of Management and Budget New Collection. Free Workplace Requirements; and OJP approval is being sought for the (2) Title of the Form/Collection: The Form 7120–1 (Rev. 1–93), Accounting information collection listed below. Second National Incidence Studies of System and Financial Capability This proposed information collection Missing, Abducted, Runaways and Questionnaire (to be submitted by was previously published in the Federal Thrownaway Children (NISMART 2). applicants who have not recently Register on July 29, 1997 at 62 FR (3) Agency form number, if any, and received Federal funds from the Office 40545, allowing for a 60-day public the applicable component of the of Justice Programs and are not state or comment period. No comments were Department of Justice sponsoring the local units of government). If received by the Office of Juvenile Justice collection: None; Applicable component appropriate, applicants must complete and Delinquency Prevention. The of the Department of Justice sponsoring and submit Standard Form LLL, purpose of this notice is to allow an the collection: Department of Justice Disclosure of Lobbying Activities. All additional 30 days for public comments. (DOJ), Office of Justice Programs (OJP), applicants must sign Certified Comments are encouraged and will be Office of Juvenile Justice Delinquency Assurances that they are in compliance accepted until December 18, 1997. This Prevention (OJJDP). with the Federal laws and regulations process is conducted in accordance with (4) Affected public who will be asked which prohibit discrimination in any 5 CFR 1320. or required to respond, as well as a brief program or activity the receives Federal Written comments and/or suggestions abstract: Primary: Individuals or funds. To obtain appropriate forms, regarding the item(s) contained in this households, Other: State, local, tribal contact Getha Hilario, BJS Management notice, especially regarding the governments; Not for profit. Assistant, at (202) 616–3500. estimated public burden and associated Abstract: Pursuant to the Missing response time, should be directed to the Children’s Assistance Act, Title IV, The application should cover a one- Office of Management and Budget, section 404(b)(3) of the Juvenile Justice year period with information provided Office of Information and Regulatory and Delinquency Prevention Act 1974, for completion of the entire project. Affairs, Attention: Ms. Victoria as amended 42 U.S.C. 5773(b)(3), OJJDP Proposals must include a program Wassmer, 202–395–5871, Department of is required to conduct periodic studies narrative, detailed budget, and budget Justice Desk Officer, Room 10202, of the incidence of missing children. narrative. The program narrative shall Washington, DC 20503. Additionally, The purpose of these studies is to describe activities as stated in the scope comments may be submitted to OMB via develop reliable and valid statistics on of work and address the evaluation facsimile to 202–395–7285. Comments the incidence of children who are criteria. The detailed budget must may also be submitted to the missing, abducted, runaways, or provide costs including salaries of staff Department of Justice (DOJ), Justice thrownaway in the course of a given involved in the project and portion of Management Division, Information year, as well as the number of these those salaries to be paid from the award; Management and Security Staff, children who are recovered. fringe benefits paid to each staff person; Attention: Department Clearance (5) An estimate of the total number of travel costs, and supplies required to Officer, Suite 850, 1001 G Street, N.W., respondents and the amount of time complete the project. The budget Washington, DC 20530. Comments may estimated for an average respondent to narrative closely follows the content of also be submitted to DOJ via facsimile respond: 75,000 respondents at 2.5 the detailed budget. The narrative to 202–514–1534. minutes per response; 22,000 should relate the items budgeted to the Written comments and suggestions respondents at 20 minutes per response; project activities and should provide a from the public and affected agencies 9500 respondents at 10 minutes per justification and explanation for the concerning the proposed collection of response; 2500 respondents at 45 budgeted items. Refer to the information should address one or more minutes per response; 50 respondents at of the following four points. aforementioned timetable when 16 hours per response. (1) Evaluate whether the proposed (6) An estimate of the total public developing the program narrative and collection of information is necessary burden (in hours) associated with the budget information. for the proper performance of the collection: 14,716 burden hours. This award will not be used to functions of the agency, including If additional information is required procure equipment for the conduct of whether the information will have contact: Mr. Robert Briggs, Clearance the study. practical utility; Officer, United States Department of 61552 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

Justice, Information Management and implementation and develop the agreements(s).’’ This paragraph Security Staff, Justice Management recommendations on the further should be replaced with: ‘‘Provide Division, Suite 850, Washington Center, elaboration of this Agreement and, to documentation showing that you have 1001 G Street, N.W., Washington, DC this end, the Council shall, within four been designated as the exclusive agent 20530. years after the date of entry into force to represent the target population.’’ Dated: November 12, 1997. of this Agreement, review its operation Dated: November 4, 1997. Robert B. Briggs, and effectiveness in light of experience Janice E. Perry, ** *.’’ The Council agreed to a process Department Clearance Officer, United States Grant Officer, Employment and Training Department of Justice. of review that includes issuing an Administration. invitation for written public comments [FR Doc. 97–30154 Filed 11–17–97; 8:45 am] [FR Doc. 97–30261 Filed 11–17–97; 8:45 am] on the operation and effectiveness of the BILLING CODE 4510±30±M BILLING CODE 4410±18±M NAALC. Written comments may be made to the National Administrative Offices of any Party or to the DEPARTMENT OF LABOR DEPARTMENT OF LABOR international Secretariat. Any comment Office of the Secretary received by the U.S. National Occupational Safety and Health Administrative Office will be Administration transmitted verbatim to the Secretariat, Bureau of International Labor Affairs; [Docket No. H±372] U.S. National Administrative Office; which has been delegated responsibility North American Agreement on Labor by the Council to oversee the review RIN 1218±AB58 process. Cooperation; Notice of Request for Metalworking Fluids Standards Comment Signed at Washington, D.C. on November Advisory Committee: Notice of Open 12, 1997. AGENCY: Office of the Secretary, Labor. Meeting Irasema T. Garza, ACTION: Notice. Secretary, U.S. National Administrative AGENCY: Occupational Safety and Health Administration (OHSA), Labor. SUMMARY: Article 10(1)(a) of the North Office. American Agreement on Labor [FR Doc. 97–30262 Filed 11–17–97; 8:45 am] ACTION: Metalworking Fluids Standards Cooperation (NAALC) calls for the BILLING CODE 4510±28±M Advisory Committee: Notice of open Council for the Commission for Labor meeting. Cooperation to review the operation and DEPARTMENT OF LABOR SUMMARY: The Occupational Safety and effectiveness of the NAALC within four Health Administration announces a years of its entry into force. In order to Employment and Training meeting of the Metalworking Fluids undertake the review, the Council Administration Standards Advisory Committee agreed to a process which includes (MWFSAC). OSHA invites all interested seeking public input on the operation Job Training Partnership Act, Title III, persons to attend. The Secretary of and effectiveness of the NAALC. Demonstration Program: Labor Labor established MWFSAC to advise Written comments are requested. Organization Adjustment Assistance; the Assistant Secretary for OSHA on DATES: Written comments on the Correction appropriate actions to protect workers operation and effectiveness of the from the hazards associated with AGENCY: Employment and Training NAALC should be submitted by occupational exposure to metalworking Administration, Labor. December 18, 1997. fluids. ACTION: Correction. ADDRESSES: Send written comments to DATES: The meeting dates are the U.S. National Administrative Office, SUMMARY: In notice document FR Doc. Wednesday, December 10, 1997, from U.S. Department of Labor, Room C– 97–28830 Filed 10–30–97; 8:45 a.m. 10 a.m. to approximately 5 p.m.; 4327, 200 Constitution Avenue, N.W., beginning on page 58984 in the issue of Thursday, December 11, 1997, from 9 Washington, D.C. 20210 or the Friday, October 31, 1997, make the a.m. to approximately 5 p.m.; and Secretariat, Commission for Labor following correction: Friday, December 12, 1997, from 9 a.m. Cooperation, 350 North St. Paul, Suite On page 58985, in the second column, to approximately 3 p.m. Please submit 2424, Dallas, Texas 75201–4240. Part II., (A) Eligible Applicants (1) reads: comments, requests to make oral FOR FURTHER INFORMATION CONTACT: ‘‘Provide exclusive representation to the presentations, and requests for special Irasema T. Garza, Secretary, U.S. target population to be served through disability accommodations by National Administrative Office, collective bargaining agreements in November 28, 1997. Department of Labor, 200 Constitution effect at the time of the effective date of ADDRESSES: On Wednesday and Avenue, N.W., Room C–4327, worker layoff or termination.’’ This Thursday, December 10 and 11, 1997, Washington, D.C. 20210. Telephone: should be replaced with: ‘‘(1) Act as the the meeting will take place in Room N– (202) 501–6653 (this is not a toll-free exclusive bargaining agent for the target 5437 (C and D) of the U.S. Department number). population to be served;’’ of Labor, 200 Constitution Avenue, SUPPLEMENTARY INFORMATION: The North On page 58986, in the third column, NW., Washington, DC. On Friday, American Agreement on Labor Part III. Statement of Work, (A) Target December 12, 1997 the meeting will be Cooperation (NAALC) was signed by the Population, second paragraph reads: held in Room S–3215 (A and B) of the Presidents of the United States of ‘‘Indicate the beginning and the end Department of Labor at the above America and of the United Mexican dates of the collective bargaining address. Mail comments and requests States, and the Prime Minister of agreement(s) under which the target for oral presentations to Dr. Peter Canada in September 1993 and entered population was covered at the time of Infante, U.S. Department of Labor, into force on January 1, 1994. Article the workers’ layoff or termination and OSHA, Directorate of Health Standards 10(1)(a) of the NAALC provides that the the labor organization(s) and Programs, Metalworking Fluids Council shall ‘‘oversee the company(ies) who were the parties to Standards Advisory Committee, Room Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61553

N–3718, 200 Constitution Avenue, NW., Signed at Washington, DC., this 12th day outline of the content of the Washington, DC 20210. of November, 1997. presentation. Individuals with Charles N. Jeffress, disabilities who need special FOR FURTHER INFORMATION CONTACT: Assistant Secretary of Labor. accommodations should contact Bonnie Friedman, Director, Office of [FR Doc. 97–30175 Filed 11–17–97; 8:45 am] Theresa Berry (phone: 202–219–8615, Information and Consumer Affairs, BILLING CODE 4510±26±M extension 106; FAX: 202–219–5986) one OSHA, 202–219–8151. For special week before the meeting. disability accommodations, contact An official record of the meeting will Theresa Berry (phone: 202–219–8615 DEPARTMENT OF LABOR be available for public inspection in the ext. 106; FAX: 202–219–5986). OSHA Technical Data Center (TDC) Occupational Safety and Health located in Room N2625 of the SUPPLEMENTARY INFORMATION: OSHA Administration invites all interested persons to attend Department of Labor Building (202– 219–7500). For additional information this meeting. Seating will be available National Advisory Committee on on a first-come, first-served basis. contact: Joanne Goodell, Directorate of Occupational Safety and Health; Notice Policy, Occupational Safety and Health Meeting Agenda of Meeting Administration (OSHA); Room N–3641, 200 Constitution Avenue NW, At this meeting the following will be Notice is hereby given of the date and location of the next meeting of the Washington, DC, 20210 (phone: 202– presented: An overview of the National 219–8021, extension 107; FAX: 202– Institute for Occupational Safety and National Advisory Committee on Occupational Safety and Health 219–4383; e-mail joanne.goodell@osha- Health (NIOSH) criteria document no.osha.gov). (‘‘Criteria for a Recommended Standard: (NACOSH), established under section 7(a) of the Occupational Safety and Signed at Washington, D.C. this 13th day Occupational Exposures to of November, 1997. Metalworking Fluids’’), which will Health Act of 1970 (29 U.S.C. 656) to Charles N. Jeffress, include a discussion of the respiratory advise the Secretary of Labor and the studies and dermatological studies Secretary of Health and Human Services Assistant Secretary of Labor for Occupational Safety and Health. reported on in the criteria document; an on matters relating to the administration overview of epidemiology, respiratory of the Act. NACOSH will hold a meeting [FR Doc. 97–30260 Filed 11–17–97; 8:45 am] disease and dermatology related to on December 9, 1997, in Room N3437 BILLING CODE 4510±26±M metalworking fluids; machining in A-D of the Department of Labor small business; and overview to using a Building located at 200 Constitution systems approach to controlling Avenue NW, Washington, DC. The NUCLEAR REGULATORY metalworking fluids; the scope of fluids meeting is open to the public and will COMMISSION to be considered in the advisory begin at 9:00 a.m. lasting until approximately 4:30 p.m. [Docket No. 030±20586, License No. 49± committee inquiries. Informal work 21384±01 EA 97±457] groups will be established. In addition, Agenda items will include: a brief OSHA will discuss with the committee overview of current activities in the In the Matter of Frontier Production its current data collection activities with Occupational Safety and Health Logging, Inc. Cody, WY; Confirmatory respect to the use of metalworking Administration (OSHA) and the Order Modifying License (Effective fluids in small business establishments National Institute for Occupational Immediately) Safety and Health (NIOSH); a dialogue and some agenda items for future I meetings. with OSHA’s new Assistant Secretary, Charles N. Jeffress; regulatory and Frontier Production Logging, Inc., Public Participation legislative updates; updates on OSHA’s (Licensee) is the holder of NRC License 11(c) and cooperative compliance No. 49–21384–01 issued by the Nuclear Interested persons may file written programs, and NIOSH’s National Regulatory Commission (NRC or comments, data, views or statements for Occupational Research Agenda (NORA); Commission) pursuant to 10 CFR Part consideration by MWFSAC by as well as reports from NACOSH’s 39. The license authorizes the Licensee submitting them to Dr. Peter Infante. workgroups. to conduct well logging activities related Interested persons may also address the Written data, views or comments for to the use of licensed material. The committee on items that are on the consideration by the committee may be license was first issued on July 14, 1983, meeting agenda. Any person wishing to submitted, preferably with 20 copies, to was most recently amended on April 17, make such an oral presentation must Joanne Goodell at the address provided 1997, and was due to expire on June 30, provide Dr. Infante with a summary of below. Any such submissions received 1994, but remains in effect in a timely the proposed presentation, an estimate prior to the meeting will be provided to renewal status. of the time desired, and a statement of the members of the Committee and will the interest that the person represents. be included in the record of the II Presentation time will be allotted to meeting. Because of the need to cover a During a routine inspection speakers based on the amount of time wide variety of subjects in a short conducted on March 19–20, 1997, an available. In addition, public attendees period of time, there is often insufficient investigation completed by the NRC’s may be allowed to participate in time on the agenda for members of the Office of Investigations on June 13, committee discussions, in the Chair’s public to address the committee orally. 1997, and subsequent in-office reviews discretion and subject to time available. However, any such requests will be which were completed on July 9, 1997, Authority: This notice is issued under the considered by the Chair who will the NRC identified six apparent authority of section 6(b)(1) and 7(b) of the determine whether or not time permits. violations which were considered for Occupational Safety and Health Act of 1970 Any request to make an oral escalated enforcement. NRC Inspection (29 U.S.C. 655, 666), the Federal Advisory presentation should state the amount of Report 030–20586/97–01 dated July 22, Committee Act (5 U.S.C. App. 2), and 29 CFR time desired, the capacity in which the 1997, documented the findings of the Part 1912. person would appear, and a brief inspection. As a result, the NRC 61554 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices conducted a predecisional enforcement to confirming the commitments through observe well logging and/or tracer study conference on August 4, 1997, in which an Order. operations in the field. the licensee’s president participated by On October 20, 1997, the NRC sent C. Within 30 days of the date of this telephone. Based on the information the Licensee a letter listing the specific Order, the Licensee shall submit to the obtained during the inspection and the commitments and formally seeking the Regional Administrator, NRC Region IV, information that the licensee’s president Licensee’s consent to confirming the for NRC review and approval, the presented at the August 4 conference, commitments through an Order, thereby following: the NRC concluded that violations of waiving its right to a hearing. On i. The name, location, dates and NRC requirements occurred. The October 29, 1997, the Licensee signed syllabus of the course the Licensee violations are cited in the Notice of and returned its consent to this Order. proposes to use in meeting the requirements of this Order. Violation and Proposed Imposition of III Civil Penalty dated November 7, 1997. ii. The name and qualifications of the The violations involve failures to: (1) I find that the Licensee’s consultant the Licensee proposes to use File the appropriate documentation to commitments as set forth in Section IV in conducting the audits. receive NRC approval prior to vacating are acceptable and necessary, and D. Within 60 days of the date of the an authorized radioactive material conclude that with these commitments NRC’s approval of the consultant, the storage location, (2) conduct operations the public health and safety are first audit shall be completed and the so that the dose in any unrestricted area reasonably assured. In view of the Licensee shall ensure that the from external sources does not exceed 2 foregoing, I have determined that the consultant submit to NRC Region IV the millirem in any 1 hour, (3) make public health and safety require that the results of the audit and the review, adequate surveys of radiation levels in Licensee’s commitments be confirmed including the deficiencies identified, at unrestricted areas to demonstrate by this Order. Based on the above, and the same time the consultant provides compliance with the dose limits for on the Licensee’s consent, this Order is the results to the Licensee. individual members of the public, (4) immediately effective upon issuance. E. Within 6 months of the date of completion of the first audit, the second utilize authorized shipping containers IV while transporting radioactive material, audit shall be completed and the (5) monitor, upon receipt, the external Accordingly, pursuant to sections 81, Licensee shall ensure that the surfaces of Department of 161b, 161i, 161o, 182 and 186 of the consultant submit to NRC Region IV the Transportation (DOT) labeled packages Atomic Energy Act of 1954, as amended, results of the audit and the review, for radioactive contamination, and (6) and the Commission’s regulations in 10 including the deficiencies identified, at properly post areas in which licensed CFR 2.202 and 10 CFR Part 110, It Is the same time the consultant provides materials are stored. Hereby Ordered, effective immediately, the results to the Licensee. The NRC concluded that the that License No. 49–21384–01 is F. Within 30 days of the date of Licensee’s failure to seek NRC approval modified as follows: completion of each audit, the Licensee prior to vacating an authorized A. The Licensee’s Radiation Safety shall submit to NRC Region IV its radioactive material storage location Officer shall attend a Radiation Safety corrective actions for any identified demonstrated at least careless disregard training course designed to meet the deficiencies in the audit reports. for regulatory requirements. requirements necessary to serve as a Alternatively, if the Licensee does not Specifically, the Licensee’s president radiation safety officer and to believe that corrective actions should be was aware of the requirements to obtain implement and manage a radiation taken, the Licensee shall provide prior authorization and did not to safety program specifically designed for justification for its position to the NRC. comply with this requirement so as to well logging and tracer study G. For the purpose of the Order, the delay payment of the applicable fees. As operations. Licensee shall send the qualifications of indicated in the November 7, 1997 B. The Licensee shall retain the the consultant and the results of the Notice, a $2,750 civil penalty was services of an independent individual or audits to the Director, Division of proposed for this willful violation. organization (consultant) to perform two Nuclear Material Safety, NRC Region IV, The remaining five violations, which audits of the Licensee’s radiation safety 611 Ryan Plaza Drive, Suite 400, were not willful, were also discussed program. The consultant is to be Arlington, Texas 76011. during the conference. Based on the independent of the Licensee’s The Regional Administrator, Region information available, it appears that organization and is to be experienced in, IV, may relax or rescind, in writing, any these violations resulted from a lack of or be capable of, evaluating the of the above conditions upon a showing understanding of the regulations by the effectiveness of the management and by the Licensee of good cause. company’s radiation safety officer (who implementation of a radiation safety Any person adversely affected by this is also the company president). In fact, program for well logging and tracer Confirmatory Order, other than the during the conference, the Licensee’s study operations. At a minimum, each Licensee may request a hearing within radiation safety officer committed to audit will: (1) Evaluate the effectiveness 20 days of its issuance. Where good attending appropriate radiation safety of the Licensee’s radiation safety cause is shown, consideration will be training as corrective action for the program and compliance with all NRC given to extending the time to request a remainder of the violations. requirements; (2) evaluate the hearing. A request for extension of time Subsequently, on August 8 and October understanding of the Licensee’s must be made in writing to the Director, 20, 1997, staff members from NRC radiation safety officer of radiation Office of Enforcement, U.S. Nuclear Region IV discussed with the Licensee safety and NRC requirements; (3) Regulatory Commission Washington, specific commitments that the NRC evaluate the adequacy of the Licensee’s D.C. 20555, and include a statement of believed were necessary. Specifically, corrective actions for any violations or good cause for the extension. Any the NRC believed that, in addition to the audit findings previously identified by request for a hearing shall be submitted training, two independent audits were the NRC or consultant; (4) make to the Secretary, U.S. Nuclear warranted. The licensee agreed to the recommendations as necessary for Regulatory Commission, ATTN: Chief, commitments during the August 8 and improvements in management oversight Docketing and Service Section, October 20 telephone discussions, and of licensed activities; and (5) physically Washington, D.C. 20555. Copies also Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61555 shall be sent to the Director, Office of The facility consists of two critical mass. The Commission’s Enforcement, U.S. Nuclear Regulatory pressurized-water reactors at the technical staff has evaluated the Commission, Washington, D.C. 20555, licensee’s site located in San Luis possibility of an inadvertent criticality to the Assistant General Counsel for Obispo County, California. of the nuclear fuel at DCPP, Units 1 and 2, and has determined that it is Hearings and Enforcement at the same II address, to the Regional Administrator, extremely unlikely for such an accident NRC Region IV, 611 Ryan Plaza Drive, Section 70.24 of Title 10 of the Code to occur if the licensee meets the Suite 400, Arlington, Texas 76011, and of Federal Regulations, ‘‘Criticality following seven criteria: to Frontier Production Logging, Inc. If Accident Requirements,’’ requires that 1. Only one fuel assembly is allowed such a person requests a hearing, that each licensee authorized to possess out of a shipping cask or storage rack at person shall set forth with particularity special nuclear material (SNM) shall one time. the manner in which his interest is maintain a criticality accident 2. The k-effective does not exceed adversely affected by this Order and monitoring system in each area where 0.95, at a 95% probability, 95% shall address the criteria set forth in 10 such material is handled, used, or confidence level in the event that the CFR 2.714(d). stored. Subsections (a)(1) and (a)(2) of fresh fuel storage racks are filled with If a hearing is requested by a person 10 CFR 70.24 specify detection and fuel of the maximum permissible U-235 whose interest is adversely affected, the sensitivity requirements that these enrichment and flooded with pure Commission will issue an Order monitors must meet. Subsection (a)(1) water. designating the time and place of any also specifies that all areas subject to 3. If optimum moderation occurs at hearing. If a hearing is held, the issue to criticality accident monitoring must be low moderator density, then the k- be considered at such hearing shall be covered by two detectors. Subsection effective does not exceed 0.98, at a 95% whether this Confirmatory Order should (a)(3) of 10 CFR 70.24 requires licensees probability, 95% confidence level in the be sustained. to maintain emergency procedures for event that the fresh fuel storage racks In the absence of any request for each area in which this licensed SNM are filled with fuel of the maximum hearing, or written approval of an is handled, used, or stored and provides permissible U-235 enrichment and extension of time in which to request a that (1) the procedures ensure that all flooded with a moderator at the density hearing, the provisions specified in personnel withdraw to an area of safety corresponding to optimum moderation. Section IV above shall be final 20 days upon the sounding of a criticality 4. The k-effective does not exceed from the date of this Order without accident monitor alarm, (2) the 0.95, at a 95% probability, 95% procedures must include drills to further order or proceedings. If an confidence level in the event that the familiarize personnel with the extension of time for requesting a spent fuel storage racks are filled with evacuation plan, and (3) the procedures hearing has been approved, the fuel of the maximum permissible U-235 designate responsible individuals for provisions specified in Section IV shall enrichment and flooded with pure determining the cause of the alarm and be final when the extension expires if a water. placement of radiation survey 5. The quantity of forms of special hearing request has not been received. instruments in accessible locations for nuclear material, other than nuclear An Answer Or a Request for Hearing use in such an emergency. Subsection fuel, that are stored on site in any given Shall Not Stay the Immediate (b)(1) of 10 CFR 70.24 requires licensees area is less than the quantity necessary Effectiveness of This Order. to have a means to identify quickly for a critical mass. For the Nuclear Regulatory Commission. personnel who have received a dose of 6. Radiation monitors, as required by Dated at Rockville, Maryland, this 7th day 10 rads or more. Subsection (b)(2) of 10 General Design Criterion 63, are of November 1997. CFR 70.24 requires licensees to provided in fuel storage and handling James Lieberman, maintain personnel decontamination areas to detect excessive radiation levels Director, Office of Enforcement. facilities, to maintain arrangements for a and to initiate appropriate safety [FR Doc. 97–30207 Filed 11–17–97; 8:45 am] physician and other medical personnel actions. BILLING CODE 7590±01±P qualified to handle radiation 7. The maximum nominal U-235 emergencies, and to maintain enrichment is limited to 5.0 weight arrangements for the transportation of percent. NUCLEAR REGULATORY contaminated individuals to treatment By letter dated April 3, 1997, and COMMISSION facilities outside the site boundary. supplemental letter dated August 4, Paragraph (c) of 10 CFR 70.24 exempts 1997, the licensee requested an [Docket Nos. 50±275 and 50±323] Part 50 licensees from the requirements exemption from 10 CFR 70.24. In this of paragraph (b) of 10 CFR 70.24 for request the licensee addressed the seven In the Matter of Pacific Gas and SNM used or to be used in the reactor. criteria given above. The Commission’s Electric Company (Diablo Canyon Paragraph (d) of 10 CFR 70.24 states that technical staff has reviewed the Power Plant, Units 1 and 2); Exemption any licensee who believes that there is licensee’s submittals and has determined that DCPP, Units 1 and 2, I good cause why he should be granted an exemption from all or part of 10 CFR meets the criteria for prevention of The Pacific Gas and Electric 70.24 may apply to the Commission for inadvertent criticality; therefore, the Company, et al. (the licensee) is the such an exemption and shall specify the staff has determined that it is extremely holder of Facility Operating License reasons for the relief requested. unlikely for an inadvertent criticality to Nos. DPR–80 and DPR–82, which occur in SNM handling or storage areas authorize operation of the Diablo III at DCPP, Units 1 and 2. Canyon Power Plant (DCPP), Units 1 The SNM that could be assembled The purpose of the criticality and 2. The licenses provide, among into a critical mass at DCPP, Units 1 and monitors required by 10 CFR 70.24 is to other things, that the licensee is subject 2, is in the form of nuclear fuel; the ensure that if a criticality were to occur to all rules, regulations, and orders of quantity of SNM other than fuel that is during the handling of SNM, personnel the Commission now or hereafter in stored on site in any given location is would be alerted to that fact and would effect. small enough to preclude achieving a take appropriate action. The staff has 61556 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices determined that it is extremely unlikely (NUREG–1508). It should be noted that generally using a zero-release NPDES that such an accident could occur; none of these errata change the permit.’’ furthermore, the licensee has radiation conclusions of the Final Environmental 5. Page 2–28, 4th paragraph, last monitors, as required by General Design Impact Statement. sentence: delete the word Criterion 63, in fuel storage and ADDRESSES: A copy of the Errata is ‘‘preestablished.’’ handling areas. These monitors will available for public inspection and/or 6. Page 3–56, 1st paragraph, 1st alert personnel to excessive radiation copying at the NRC Public Document sentence: revise existing text to read, ‘‘ levels and allow them to initiate Room, 2120 L. Street (Lower Level), ** * known as the ‘‘checkerboard’’ for appropriate safety actions. The low NW, Washington, DC 20555–0001. its mixed private, tribal, and probability of an inadvertent criticality, Copies of NUREG–1508 and the government property rights.’’ together with the licensee’s adherence accompanying Errata may be purchased 7. Page 3–5, Table 3.4; Page 3–7, Table to General Design Criterion 63, from the Superintendent of Documents, 3.5; and Page 4–3, Table 4.3: replace the constitutes good cause for granting an U. S. Government Printing Office, PO term ‘‘fg/m3’’ with ‘‘µg/m3.’’ exemption to the requirements of 10 Box 37082, Washington, DC. 20402– 8. Page 4–20, last paragraph, #1: CFR 70.24. 9328. Copies are also available from the National Technical Information Service, replace the term ‘‘alkalinity’’ with the IV 5285 Port Royal Road, Springfield, VA term ‘‘bicarbonate.’’ The Commission has determined that, 22161. 9. Page 4–28, Table 4.6; and Page 4– 30, Table 4.7: replace the parameter pursuant to 10 CFR 70.14, this FOR FURTHER INFORMATION CONTACT: ‘‘Radium-226’’ with ‘‘Radium’’ (i.e., exemption is authorized by law, will not Robert Carlson, Uranium Recovery endanger life or property or the common Branch, Mail Stop TWFN 7–J8, Division radium is inclusive of radium-226 and defense and security, and is otherwise of Waste Management, Office of Nuclear radium-228). # in the public interest. Therefore, the Material Safety and Safeguards, U.S. 10. Page 4–61, 5th bullet, (4): replace Commission hereby grants Pacific Gas Nuclear Regulatory Commission, the phrase ‘‘one production/ injection and Electric Company an exemption Washington, DC 20555. Telephone (301) well per 1.6 ha (4 acres) in each well from the requirements of 10 CFR 70.24. 415–8165. field’’ with the phrase ‘‘one production/ Pursuant to 10 CFR 51.32, the injection well per acre in each well Dated at Rockville, Md, this 15th day of field.’’ Commission has determined that the November 1997. granting of this exemption will have no # For The Nuclear Regulatory Commission. 11. Page 4–63, 8: replace entire text significant impact on the environment with the following, ‘‘All casing strings Joseph J. Holonich, (62 FR 59907). shall be pressure tested to 125% of This exemption is effective upon Chief, Uranium Recovery Branch, Division actual wellfield operating pressure, not of Waste Management, Office of Nuclear issuance. Material Safety and Safeguards. to exceed 70% of the minimum burst For The Nuclear Regulatory Commission. strength (measured on surface usually The following information is provided using water and the rig pump). If Dated at Rockville, Maryland, this 12th day as errata to the ‘‘Final Environmental of November 1997. pressure declines more than 10% in 30 Impact Statement to Construct and minutes, corrective action shall be Samuel J. Collins, Operate the Crownpoint Uranium taken.’’ Director, Office of Nuclear Reactor Solution Mining Project, Crownpoint, Regulation. 12. Page 4–71, last paragraph: delete New Mexico’’ (NUREG–1508), dated last sentence beginning with, ‘‘However, [FR Doc. 97–30210 Filed 11–17–97; 8:45 am] February 1997. to further minimize transportation risk, BILLING CODE 7590±01±P Errata * * *’’ 1. Page 1–5, 1st paragraph: replace the 13. Page 4–72, top of page: delete NUCLEAR REGULATORY term ‘‘* * * Safe Water Drinking Act entire proposed license condition COMMISSION (SWDA)’’ with ‘‘* * * Safe Drinking (entire bullet beginning with, ‘‘Yellowcake and 11e(2) by-product [Docket No. 40±8968] Water Act (SDWA).’’ 2. Page 2–6, Table 2.2, equation (2a): waste material, * * *’’), and subsequent phrase, ‘‘In addition to this license Hydro Resources, Inc. replace the term ‘‘* * * +4Na+H2O’’ ∂ condition,’’. with ‘‘* * * +4Na +H2O.’’ AGENCY: Nuclear Regulatory 3. Page 2–19, 1st complete paragraph, 14. Page xx of the Summary and Commission. 5th sentence: change sentence to read: Conclusions, 2nd complete paragraph; ACTION: Notice of availability of issuance ‘‘NRC would require HRI to Page 2–20, 1st paragraph; Page 4–27, 1st of errata. decontaminate areas if radionuclide complete paragraph; Page 4–45, 1st accumulation exceeds decommissioning complete paragraph; Page 4–47, top of SUMMARY: The U. S. Nuclear Regulatory standards, if HRI uses land application page; and Page A–21, 3rd complete Commission has issued an Errata to the to dispose of process waters.’’ paragraph: change the term ‘‘300 pCi/ ‘‘Final Environmental Impact Statement 4. Page 2–19, 1st complete paragraph, mL’’ to ‘‘300 pCi/L.’’ to Construct and Operate the 4th sentence; Page 4–81, last paragraph, 15. Page 3–27, Table 3.13: replace the Crownpoint Uranium Solution Mining last sentence: delete the following existing table with the following (values Project, Crown Point, New Mexico’’ phrase from the existing text ‘‘* ** in italic have been changed): Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61557

REVISED TABLE 3.13.ÐCROWNPOINT SITE WATER QUALITY DATA,a WESTWATER CANYON AQUIFER

EPA (and NNEPA) Parameter Mean Maximum Minimum drinking (mg/L) (mg/L) (mg/L) water stand- ard

Calcium ...... 2.73 7.8 0.07 ...... Magnesium ...... 0.48 2.5 0.00000 ...... Sodium ...... 127.7 184.0 97.0 ...... Potassium ...... 13.0 56.0 1.5 ...... Carbonate ...... 27.9 127.0 0.00000 ...... Bicarbonate ...... 203.0 260.0 54.0 ...... Sulfate ...... 62.2 177.0 19.0 250.0 Chloride ...... 15.8 54.0 1.8 250.0 Nitrate ...... 0.05 0.26 0.00000 10.0 Fluoride ...... 0.35 0.62 0.23 4.0 or 2.0 Silica ...... 16.3 20.0 1.0 TDS ...... 394.0 666.0 281.0 500.0 Conductivityb ...... 602.3 1040.0 418.0 Alkalinity ...... 213.0 256.0 191.0 pHc ...... 9.0 10.4 8.26 6.5±8.5 Arsenic ...... 0.00000 0.002 0.00000 0.05 Barium ...... 0.13 1.0 0.01 2.0 Cadmium ...... 0.00000 0.0008 0.00000 0.01 Chromium ...... 0.00000 0.00000 0.00000 0.05 Copper ...... 0.00000 0.02 0.00000 1.0 Iron ...... 0.11 0.92 0.00000 0.3 Lead ...... 0.00000 0.078 0.00000 0.05 Manganese ...... 0.035 0.029 0.00000 0.05 Mercury ...... 0.00000 0.00000 0.00000 0.002 Molybdenum ...... 0.00000 0.02 0.00000 Nickel ...... 0.00000 0.00000 0.00000 0.1 Selenium ...... 0.00000 0.00000 0.00000 0.05 Silver ...... 0.00000 0.00000 0.00000 0.1 Uranium ...... 0.005 0.021 0.00000 Vanadium ...... 0.00000 0.00000 0.00000 Zinc ...... 0.00000 0.03 0.00000 5.0 Boron ...... 0.05 0.11 0.00000 Ammonia ...... 0.05 0.31 Radium-226d ...... 58.7 806.0 0.1 5.0 a Values obtained from Wells CP±3, CP±5, CP±6, CP±7, CP±9, and well CP±2 (for parameters from arsenic to radium-226, (Source: HRI 1992b). b µmhos/cm. c Units. d pCi/L.

[FR Doc. 97–30208 Filed 11–17–97; 8:45 am] (Tentative) (Contact: Ken Hart, 301– The schedule for commission BILLING CODE 7590±01±P 415–1659) meetings is subject to change on short notice. To verify the status of meetings Week of November 24—Tentative call (recording)—(301) 415–1292. NUCLEAR REGULATORY There are no meetings the week of CONTACT PERSON FOR MORE INFORMATION: COMMISSION November 24. Bill Hill (301) 415–1661. Sunshine Act Meeting Week of December 1—Tentative The NRC Commission Meeting Schedule can be found on the Internet AGENCY HOLDING THE MEETING: Nuclear There are no meetings the week of at: http://www.nrc.gov/SECY/smj/ Regulatory Commission. December 1. schedule.htm DATE: This notice is distributed by mail to Weeks of November 17, 24, Week of December 8—Tentative December 1 and 8, 1997. several hundred subscribers; if you no PLACE: Comissioners’ Conference Room, Thursday, December 11 longer wish to receive it, or would like 11555 Rockville Pike, Rockville, to be added to it, please contact the 2:00 p.m. Briefing on Investigative Maryland. Office of the Secretary, Attn: Operations Matters (Closed—Ex. 5 & 7) STATUS: Public and Closed. Branch, Washington, DC 20555 (301– 3:00 p.m. Affirmation Session (Public 415–1661). MATTERS TO BE CONSIDERED: Meeting) (if needed) In addition, distribution of this Week of November 17 Friday, December 12 meeting notice over the Internet system is available. If you are interested in Friday, November 21 9:00 a.m. Meeting with Northeast receiving this Commission meeting 11:30 a.m. Affirmation Session (Public Nuclear on Millstone (Public schedule electronically, please send an Meeting). A. Final Rule—Deliberate Meeting) (Contact: Bill Travers, electronic message to [email protected] or Misconduct by Unlicensed Persons 301–415–1200) [email protected]. 61558 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

Dated: November 14, 1997. DATES: The balance in notice (1) and the The Account balance on June 30, William M. Hill, Jr., determinations made in notices (3) 1997, was $83,062,894.58. Accordingly, Secy Tracking Officer, Office of the Secretary. through (7) are based on data as of June the surcharge rate for calendar year 1998 [FR Doc. 97–30403 Filed 11–14–97; 2:33 pm] 30, 1997. The balance in notice (2) is is 1.5 percent. based on data as of September 30, 1997. BILLING CODE 7590±01±M Monthly Compensation Base The determinations made in notices (5) through (7) apply to the calculation, For years after 1988, section 1(i) of the Act contains a formula for determining RAILROAD RETIREMENT BOARD under section 8(a)(1)(C) of the Act, of employer contribution rates for 1998. the monthly compensation base. Under 1998 Railroad Experience Rating The determinations made in notices (8) the prescribed formula, the monthly Proclamations, Monthly Compensation through (12) are effective January 1, compensation base increases by Base and Other Determinations 1998. The determination made in notice approximately two-thirds of the (13) is effective for registration periods cumulative growth in average national AGENCY: Railroad Retirement Board. beginning after June 30, 1998. wages since 1984. The monthly ACTION: Notice. compensation base for months in ADDRESSES: Secretary to the Board, calendar year 1998 shall be equal to the SUMMARY: Pursuant to section 8(c)(2) Railroad Retirement Board, 844 Rush greater of (a) $600 or (b) $600 [1 + {(A and section 12(r)(3) of the Railroad Street, Chicago, Illinois 60611–2092. ¥37,800)/56,700}], where A equals the Unemployment Insurance Act (Act) (45 FOR FURTHER INFORMATION CONTACT: amount of the applicable base with U.S.C. 358(c)(2) and 45 U.S.C. 362(r)(3), Marla L. Huddleston, Bureau of the respect to tier 1 taxes for 1998 under respectively), the Board gives notice of Actuary, Railroad Retirement Board, 844 section 3231(e)(2) of the Internal the following: Rush Street, Chicago, Illinois 60611– Revenue Code of 1986. Section 1(i) 1. The balance to the credit of the 2092, telephone (312) 751–4779. further provides that if the amount so Railroad Unemployment Insurance determined is not a multiple of $5, it SUPPLEMENTARY INFORMATION: The RRB (RUI) Account, as of June 30, 1997, is shall be rounded to the nearest multiple is required by section 8(c)(1) of the $83,062,894.58; of $5. 2. The September 30, 1997, balance of Railroad Unemployment Insurance Act The calendar year 1998 tier 1 tax base any new loans to the RUI Account, (Act) (45 U.S.C. 358(c)(1)) as amended is $68,400. Subtracting $37,800 from including accrued interest, is zero; by Pub. L. 100–647, to proclaim by $68,400 produces $30,600. Dividing 3. The system compensation base is October 15 of each year certain system- $30,600 by $56,700 yields a ratio of $2,754,953,781.58 as of June 30, 1997; wide factors used in calculating 0.53968254. Adding one gives 4. The cumulative system unallocated experience-based employer contribution 1.53968254. Multiplying $600 by the charge balance is ($194,812,974.38) as of rates for the following year. The RRB is amount 1.53968254 produces the June 30, 1997; further required by section 8(c)(2) of the amount of $923.81, which must then be 5. The pooled credit ratio for calendar Act (45 U.S.C. 358(c)(2)) to publish the rounded to $925. Accordingly, the year 1998 is zero; amounts so determined and proclaimed. monthly compensation base is 6. The pooled charged ratio for The RRB is required by section 12(r)(3) determined to be $925 for months in calendar year 1998 is zero; of the Act (45 U.S.C. 362(r)(3)) to calendar year 1998. 7. The surcharge rate for calendar year publish by December 11, 1997, the 1998 is 1.5 percent; computation of the calendar year 1998 Amounts Related to Changes in 8. The monthly compensation base monthly compensation base (section 1(i) Monthly Compensation Base under section 1(i) of the Act is $925 for of the Act) and amounts described in For years after 1988, sections 1(k), months in calendar year 1998; sections 1(k), 2(c), 3 and 4(a–2)(i)(A) of 2(c), 3 and 4(a–2)(i)(A) of the Act 9. The amount described in section the Act which are related to changes in contain formulas for determining 1(k) of the Act as ‘‘2.5 times the monthly the monthly compensation base. Also, amounts related to the monthly compensation base’’ is $2,312.50 for the RRB is required to publish, by June compensation base. base year (calendar year) 1998; 11, 1998, the maximum daily benefit Under section 1(k), remuneration 10. The amount described in section rate under section 2(a)(3) of the Act for earned from employment covered under 2(c) of the Act as ‘‘an amount that bears days of unemployment and days of the Act cannot be considered subsidiary the same ratio to $775 as the monthly sickness in registration periods remuneration if the employee’s base compensation base for that year as beginning after June 30, 1998. year compensation is less than 2.5 times computed under section 1(i) of this Act Surcharge Rate the monthly compensation base for bears to $600’’ is $1,195 for months in months in such base year. Multiplying calendar year 1998; A surcharge is added in the 2.5 by the calendar year 1998 monthly 11. The amount described in section calculation of each employer’s compensation base of $925 produces 3 of the Act as ‘‘2.5 times the monthly contribution rate, subject to the $2,312.50. Accordingly, the amount compensation base’’ is $2,312.50 for applicable maximum rate, for a calendar determined under section 1(k) is base year (calendar year) 1998; year whenever the balance to the credit $2,312.50 for calendar year 1998. 12. The amount described in section of the RUI Account is less than $100 Under section 2(c), the maximum 4(a–2)(i)(A) of the Act as ‘‘2.5 times the million on the preceding June 30. If the amount of normal benefits paid for days monthly compensation base’’ is RUI Account balance is less than $100 of unemployment within a benefit year $2,312.50 with respect to million, but at least $50 million, the and the maximum amount of normal disqualifications ending in calendar surcharge will be 1.5 percent. If the RUI benefits paid for days of sickness within year 1998; Account balance is less than $50 a benefit year shall not exceed an 13. The maximum daily benefit rate million, but greater than zero, the employee’s compensation in the base under section 2(a)(3) of the Act is $44 surcharge will be 2.5 percent. The year. In determining an employee’s base with respect to days of unemployment maximum surcharge of 3.5 percent year compensation, any money and days of sickness in registration applies if the RUI Account balance is remuneration in a month not in excess periods beginning after June 30, 1998. less than zero. of an amount that bears the same ratio Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61559 to $775 as the monthly compensation By authority of the Board. staff estimates the costs of producing base for that year bears to $600 shall be Beatrice Ezerski, and sending a confirmation to be taken into account.The calendar year Secretary to the Board. approximately 89 cents, although the 1998 monthly compensation base is [FR Doc. 97–30168 Filed 11–17–97; 8:45 am] amount of confirmations sent and the $925. The ratio of $925 to $600 is BILLING CODE 7905±01±P cost of sending each confirmation will 1.54166667. Multiplying 1.54166667 by vary from firm to firm. Smaller firms $775 produces $1,195. Accordingly, the will send fewer confirmations because amount determined under section 2(c) is SECURITIES AND EXCHANGE they will have fewer transactions. As a $1,195 for months in calendar year COMMISSION result, the total cost to the industry is 1998. approximately $578 million per year Under section 3, an employee shall be Submission for OMB Review; (650 million confirmations at 89 cents a ‘‘qualified employee’’ if his/her base Comment Request per confirmation). year compensation is not less than 2.5 Rule 11Ac1–3, Customer Account times the monthly compensation base Upon Written Request, Copies Available Statements, requires disclosure on each for months in such base year. From: Securities and Exchange new account and on a yearly basis Multiplying 2.5 by the calendar year Commission, Office of Filings and thereafter, on the annual statement, the 1998 monthly compensation base of Information Services, Washington, DC firm’s policies regarding receipt of $925 produces $2,312.50. Accordingly, 20549 payment for order flow from any market the amount determined under section 3 Extension: makers, exchanges or exchange is $2,312.50 for calendar year 1998. Rule 10b–10, SEC File No. 270–389, OMB members to which it routes customers’ Under section 4(a–2)(i)(A), an Control No. 3235–0444 order in the national market system Rule 11Ac1–3, SEC File No. 270–382, OMB securities for execution; and employee who leaves work voluntarily Control No. 3235–0435 without good cause is disqualified from information regarding the aggregate Rule 15c2–12, SEC File No. 270–330, OMB amount of monetary payments, receiving unemployment benefits until Control No. 3235–0372 he has been paid compensation of not discounts, rebates or reduction in fees Notice is hereby given that pursuant less than 2.5 times the monthly received by the firm over the past year. to the Paperwork Reduction Act of 1995 compensation base for months in the It is estimated that there are 5,308 (44 U.S.C. 3501 et seq.) the Securities calendar year in which the registered broker-dealers with customer and Exchange Commission disqualification ends. Multiplying 2.5 accounts. The staff estimates that the (‘‘Commission’’) has submitted to the by the calendar year 1998 monthly average number of hours necessary for Office of Management and Budget compensation base of $925 produces each broker-dealer to comply with the requests for extension of the previously Rule 11Ac1–3 is fourteen hours $2,312.50. Accordingly, the amount approved collections of information annually. Thus, the total burden is determined under section 4(a–2)(i)(A) is discussed below. 74,312 hours annually. The average cost $2,312.50 for calendar year 1998. Rule 10b–10, Confirmation of per hour is approximately $40. Maximum Daily Benefit Rate Transactions, applies to all securities Therefore, the total cost of compliance transactions, other than transactions in Section 2(a)(3) contains a formula for for broker-dealers is $297,248. municipal securities or U.S. savings Rule 15c2–12, Municipal Securities determining the maximum daily benefit bonds, it would potentially apply to all Disclosure, requires underwriters of rate for registration periods beginning of the approximately 5,400 firms municipal securities: (1) To obtain and after June 30, 1989, and after each June registered with the Securities and review a copy of an official statement 30 thereafter. Legislation enacted on Exchange Commission that effect deemed final by an issuer of the October 9, 1996, revised the formula for transactions on behalf of customers. securities, except for the omission of indexing maximum daily benefit rates. Rule 10b–10 requires broker-dealers specified information; (2) in non- Under the prescribed formula, the convey to customers basic trade competitively bid offerings, to make maximum daily benefit rate increases by information regarding their securities available, upon request, the most recent approximately two-thirds of the transactions. This information includes preliminary official statement, if any; (3) cumulative growth in average national the date and time of the transaction; the to contract with the issuer of the wages since 1984. The maximum daily identity and number of shares bought or securities, or its agent, to receive, within benefit rate for registration periods sold; and the trading capacity of the specified time periods, sufficient copies beginning after June 30, 1998, shall be broker-dealer. Depending on the trading of the issuer’s final official statement to equal to 5 percent of the monthly capacity of the broker-dealer, the rule comply both with this rule and any compensation base for the base year requires the disclosure of commissions rules of the Municipal Securities immediately preceding the beginning of and, under specified circumstances, Rulemaking Board; (4) to provide, for a the benefit year. Section 2(a)(3) further mark-up and mark-down information. specified period of time, copies of the provides that if the amount so computed For transactions in debt securities, the final official statement to any potential is not a multiple of $1, it shall be rule requires the disclosure of customer upon request; (5) before rounded down to the nearest multiple of redemption and yield information. purchasing or selling municipal $1. The confirmation process is securities in connection with an The calendar year 1997 monthly automated, and it takes about one offering, to reasonably determine that compensation base is $890. Multiplying minute to generate and send a the issuer or other specified person has $890 by 0.05 yields $44.50, which must confirmation. The cost per confirmation undertaken, in a written agreement or then be rounded down to $44. generally stays the same. Per year, it is contract, for the benefit of holders of Accordingly, the maximum daily benefit estimated that broker-dealers spend 10.8 such municipal securities, to provide rate for days of unemployment and days million hours complying with Rule certain information about the issue or of sickness beginning in registration 10b–10. issuer on a continuing basis to a periods after June 30, 1998, is It is important to note, however, that nationally recognized municipal determined to be $44. the confirmation is a customary securities information repository; and Dated: November 10, 1997. document used by the industry. The (6) to review the information the issuer 61560 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices of the municipal security has SECURITIES AND EXCHANGE application. The complete application undertaken to provide prior to COMMISSION may be obtained for a fee at the SEC’s recommending a transaction in the Public Reference Branch, 450 Fifth [Rel. No. IC±22882/812±10050] municipal security. Street, NW., Washington, DC 20549 (tel. 202–942–8090). These disclosure and recordkeeping The Benchmark Funds, et al.; Notice of requirements will ensure that investors Application Applicants’ Representations have adequate access to official November 12, 1997. 1. The Benchmark Funds is a disclosure documents that contain AGENCY: Securities and Exchange Massachusetts business trust that is details about the value and risks of Commission (‘‘SEC’’). registered under the Act as an open-end particular municipal securities at the management investment company. The ACTION: time of issuance while the existence of Notice of Application for Benchmark Funds currently offers to Exemption under the Investment compulsory repositories will ensure that institutional investors 17 equity, fixed Company Act of 1940 (the ‘‘Act’’). investors have continued access to income and money market Portfolios.1 terms and provisions relating to certain SUMMARY OF APPLICATION: Applicants The Benchmark Funds is the proprietary static features of those municipal request an order under sections 6(c), fund of the Northern Trust Company securities. The provisions of Rule 15c2– 10(f) and 17(b) of the Act for an (‘‘Northern’’), which serves as 12 regarding an issuer’s continuing exemption from the provisions of investment adviser, transfer agent and disclosure requirements assist investors sections 10(f) and 17(a) of the Act. The custodian for each of the Benchmark by ensuring that information about an order would permit principal Funds’ Portfolios. Northern, a member issue or issuer remains available after transactions effected in the ordinary of the Federal Reserve System, is an Illinois state-chartered commercial bank the issuance. course of business between the and the principal subsidiary of Northern Municipal offerings of less than $1 Benchmark Funds, The Commerce Funds, and Goldman, Sachs & Co. Trust Corporation, a bank holding million are exempt from the rule, as are company. offerings of municipal securities issued APPLICANTS: The Benchmark Funds, The 2. The Commerce Funds is a Delaware in large denominations that are sold to Commerce Funds (collectively, the business trust that is registered under no more than 35 sophisticated investors, ‘‘Funds’’), and Goldman, Sachs & Co. the Act of an open-end management have short-term maturities, or have (‘‘Goldman Sachs’’). investment company. The Commerce short-term tender or put features. It is FILING DATES: The application was filed Funds currently consists of nine estimated that approximately 12,000 on March 19, 1996 and amended on Portfolios, which are offered to both brokers, dealers, municipal securities October 15, 1996, and September 18, individual and institutional investors. dealers, issues of municipal securities, 1997. The Commerce Funds is the proprietary and nationally recognized municipal HEARING OR NOTIFICATION OF HEARING: An fund of the Commerce Bank, N.A. (St. securities information repositories will order granting the application will be Louis) and Commerce Bank, N.A. spend a total of 123,850 hours per year issued unless the SEC orders a hearing. (Kansas City), which serve as the investment advisers to the Commerce complying with Rule 15c2–12. Based on Interested persons may request a Funds. Each of these banks is a average cost per hour of $50, the total hearing by writing to the SEC’s subsidiary of Commerce Bancshares, cost of compliance with Rule 15c2–12 is Secretary and serving applicants with a Inc., a registered multi-bank holding $6,192,500. copy of the request, personally or by mail. Hearing requests should be company (collectively, ‘‘Commerce An agency may not conduct or received by the SEC by 5:30 p.m. on Bank’’ and together with Northern, the sponsor, and a person is not required to December 8, 1997, and should be ‘‘Banks’’). respond to, a collection of information accompanied by proof of service on 3. At present, federal banking laws unless it displays a currently valid applicant, in the form of an affidavit or, and regulations are interpreted to control number. for lawyers, a certificate of service. restrict the ability of banks and bank General comments regarding the Hearing requests should state the nature holding companies, directly or through above information should be directed to of the writer’s interest, the reason for the affiliated persons, to act as distributors for mutual funds or to provide the following persons: (i) Desk Officer request, and the issues contested. personnel to act as officers and for the Securities and Exchange Persons who wish to be notified of a employees of the funds. Consistent with Commission, Office of Information and hearing may request notification by writing to the SEC’s Secretary. these requirements, bank proprietary Regulatory Affairs, Office of funds must find a third party, ADDRESSES: Secretary, SEC, 450 Fifth Management and Budget, Room 3208, independent of the bank, to act as the Street, NW., Washington, DC 20549. The New Executive Office Building, nominal ‘‘distributor,’’ and retain Benchmark Funds, 4900 Sears Tower, Washington, D.C. 20503; and (ii) officers who are not affiliated with the Chicago, Illinois 60606–6303, The Michael E. Bartell, Associate Executive bank to perform certain administrative Commerce Funds, PO Box 16391, St. Director, Office of Information functions not associated with the Louis, Missouri 63105, Goldman, Sachs Technology, Securities and Exchange selection of investments or broker- & Co., 85 Broad Street, New York, New Commission, 450 Fifth Street, N.W., dealers through which trades may be York 10004. Washington, D.C. 20549. Comments effected. must be submitted to OMB within 30 FOR FURTHER INFORMATION CONTACT: 4. Goldman Sachs is a registered days of this notice. Deepak T. Pai, Staff Attorney, at (202) broker-dealer that was founded in 1869. 942–0574, or Mary Kay Frech, Branch Dated: November 10, 1997. Chief at (202) 942–0564 (Division of 1 As used in this release, the term ‘‘Portfolio’’ Margaret H. McFarland, Investment Management, Office of refers to any series of a registered open-end Deputy Secretary. Investment Company Regulation). management investment company relying on any order granting the application or, if the company [FR Doc. 97–30177 Filed 11–17–97; 8:45 am] SUPPLEMENTARY INFORMATION: The relying on any such order has a single investment BILLING CODE 8010±01±M following is a summary of the portfolio, the company itself. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61561

It is one of the oldest and largest literature compliance. Goldman Sachs transaction is consistent with the international investment banking and does not solicit any trades or provide general purposes of the Act. brokerage firms, with offices in New any telemarketing services, and has no 3. Section 6(c) of the Act provides that York and other financial capitals of the sales personnel dedicated to the Funds. the SEC may exempt persons or world. Shares of each Fund are made available transactions from any provision of the 5. Goldman Sachs has acted as through a bank or its affiliated persons Act if such exemption is necessary or principal underwriter/distributor and to their customers, or through other appropriate in the public interest and administrator for the Funds since their intermediaries that are not affiliated consistent with the protection of inception. The primary consideration with Goldman Sachs. If investors are investors and the purposes fairly for using Goldman Sachs is its capacity permitted to purchase shares by intended by the policy and provisions of as an administrator. Goldman Sachs is contacting the Funds’ distributor, the Act. Applicants request an entitled to a fee from each Portfolio of Goldman Sachs acts as the broker of exemption under sections 6(c) and 17(b) the Funds for its administrative record for unsolicited trades, and takes to allow the above transactions.3 services, but generally receives no fee phone orders and redemption requests. 4. Applicants state that Congress for its distribution activities.2 Goldman Sachs does not locate enacted section 17(a) of the Act to 6. It its capacity as administrator, customers for the Funds, does not address the problems associated with Goldman Sachs supplies each Fund instruct its clients to purchase shares transactions of affiliated persons and with administrative officers, including from the Funds, and does not underwriters or distributors that are able an employee who serves as president of accompany Fund salespersons in to control or influence the investment one of the Funds, who are responsible meetings with potential investors. decisions of investment companies. for performing administrative functions 8. Applicants request an order under Applicants assert that the prohibitions on behalf of the Funds. These officers sections 6(c), 10(f), and 17(b) of the Act of section 17(a) were applied to are also officers and/or employees of that would exempt applicants from distributors of investment company Goldman Sachs. No administrative sections 10(f) and 17(a). The order shares because, at the time of the officer of a Fund who is an affiliated would permit principal transactions in enactment of the Act, distributors person of Goldman Sachs serves as a the ordinary course of business between possessed enormous control over director of the Fund, sets fund policies, any Portfolio and Goldman Sachs or any investment companies. or currently is affiliated with any entity controlled by, controlling, or 5. Applicants argue that the investment adviser to any Portfolio of a under common control with Goldman prohibitions of section 17(a) apply to Fund. Such administrative officers have Sachs. Applicants request that the order distributors of the shares of open-end no involvement in, or influence over, also apply to any registered open-end investment companies in recognition of the selection of any investment for the management investment company (i) for the extent of control and influence a Fund or any broker or dealer through which officers or employees of Goldman distributor in many circumstances is in whom transactions may be effected. Sachs in the future act as officers as a position to assert over an open-end 7. The Funds rely upon Goldman described in the application, or (ii) for investment company. Applicants note Sachs to perform the distribution tasks which Goldman Sachs in the future that when a distributor serves as the that the federal banking regulators provides distribution services as focal point for the purchase and sale of presently may restrict them from described in the application. shares of an open-end investment undertaking. These tasks include: company, an investment company may Applicants’ Legal Analysis Entering into distribution agreements be pressured to enter into arrangements with the Funds; being named as the 1. Sections 17(a) of the Act generally with the distributor that may not be distributor in Fund prospectuses and prohibits any affiliated person or benefical to the company in order to sales literature; at the direction of the principal underwriter for a registered assure the continued sale of the Banks, entering into agreements with investment company, or any affiliated company’s securities. Applicants also broker-dealers selling the Funds; acting person of such affiliated person or note that the provisions of section 17(a) as broker of record for unsolicited direct principal underwriter (a ‘‘second-tier relating to distributors of shares of open- sales of shares of the Funds; paying the affiliate’’), acting as principal, from end companies reflect a recognition that costs of printing and distributing the knowingly selling any security or other an open-end company’s distributor is Funds’ prospectuses to potential property to such registered investment often affiliated with the company’s investors; providing sales compliance company and from knowingly investment adviser. training; consulting with the Funds’ purchasing any security or other 6. Applicants contend that Goldman investment advisers about new market property from the registered investment Sachs’ role as distributor of the Funds and product opportunities; and company. Goldman Sachs may not does not raise the types of problems that monitoring advertising and sales knowingly engage in principal section 17(a) is designed to address. transactions with a Fund absent an Applicants argue that the Funds are not 2 The Commerce Funds is forming a class of exemptive order, because Goldman captives of Goldman Sachs as a matter shares that is expected to bear a distribution fee Sachs is the principal underwriter for of either contract of de facto influence. pursuant to rule 12b–1 under the Act at a rate of the Funds. 0.25% of the class’ net asset value. Although Applicants state that Goldman Sachs Goldman Sachs would be the initial recipient of the 2. Section 17(b) of the Act authorizes has been chosen as the Funds’ fee because it is the Funds’ distributor, the fee is the SEC to issue an order of exemption distributor primarily because federal expected to be used primarily to make ‘‘trail from one or more of the provisions of banking laws and regulations have been commission’’ or shareholder service payments to section 17(a) if evidence establishes that third parties. If unsolicited trades are effected for interpreted to prohibit the Banks from which Goldman Sachs is broker of record, Goldman the terms of the proposed transaction Sachs may retain the trail commissions attributable are reasonable and fair and do not 3 Section 17(b) applies to a specific proposed to those trades to help defray the cost of Fund involve overreaching on the part of any transaction, rather than an ongoing series of future advertisements and other distribution expenses. In person concerned, the proposed transactions. Keystone Custodian Funds, 21 S.E.C. the future, the Funds may create classes of shares 295, 298–99 (1945). Section 6(c), along with section that bear different distribution fees or may change transaction is consistent with the policy 17(b), frequently is used to grant relief from section the distribution fees attributable to their existing of each registered investment company 17(a) to permit an ongoing series of future classes. concerned, and the proposed transactions. 61562 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices distributing Fund shares. Applicants in principal transactions in reliance on resulting costs to the Portfolios are note that although banks are permitted any order granting the application only neither required nor appropriate to engage in most distribution activities, with Portfolios advised by parties other because an independent third party, interpretations of the federal banking than Goldman Sachs or its affiliated with a vested interest in each Portfolio’s regulations prevent full participation by persons, and would do so only in performance, is making all investment banks in the underwriting process.4 conformity with applicable exemptive decisions for the Portfolio and the Applicants assert that the Banks retain orders 6 or no-action letters.7 Applicants Funds are in no way dependent on the the services of an entity such as assert that the section 17(a) concern distribution services of Goldman Sachs. Goldman Sachs to provide regarding affiliated distributors would 11. Section 10(f) of the Act, in administrative and nominal distribution not arise in applicants’ case because in relevant part, prohibits a registered services consistent with these no instance will Goldman Sachs engage investment company from knowingly interpretations.5 in principal transactions with portfolios purchasing or otherwise acquiring any 7. Applicants assert that Goldman for which it acts as adviser or sub- security, during its underwriting or Sachs does not serve as the focal point adviser except as permitted under syndication, the principal underwriter for the purchase and sale of Fund condition 1. of which is a person who is an officer shares. Applicants state that Goldman 9. Applicants state that although or employee of the investment company Sachs plays no role in promoting the Goldman Sachs’ officers or employees or is a person affiliated with an officer Funds to retail or institutional serve as officers of the Funds, none of or employee of the investment customers. Sales of investment company such persons are responsible for the company. Section 10(f) authorizes the shares are instead conducted by each of formulation or establishment of the SEC to exempt any transactions or the respective Banks and/or bank Portfolios’ investment objectives, classes of transactions from the holding company organizations with policies or restrictions. The officers and prohibitions of section 10(f) if the which the Funds are affiliated and have employees function only as exemption is consistent with the advisory relationships or broker-dealers administrative officers of the Funds, protection of investors. identified by those Banks. Applicants handling administrative tasks necessary 12. Under section 10(f), the Portfolios state that all sales of the Funds since to maintain the Funds as going are restricted from acquiring securities inception have resulted from the concerns. Applicants contend that the from Goldman Sachs during the institutional and retail relationships of performance of these functions by securities’ underwriting or syndication the Banks. Applicants emphasize that it Goldman Sachs’ personnel does not period when Goldman Sachs serves as is these institutions, and not Goldman result in any opportunity for control of underwriter of the securities. Applicants Sachs, that provide the organizational the Funds. The policy-making functions note that the only reason that section structures that actively promote the of each Fund rest with its respective 10(f) applies is because officers and Funds. Applicants state that if Goldman independent board of directors, which employees of Goldman Sachs serve as Sachs was replaced as principal have been and will continue to be officers of the Funds. Applicants argue underwriter, the Banks and broker- responsible for the selection and review that the reason for applying this dealers would merely enter into of the major contractors to the Funds, prohibition to officers of the Funds—the agreements with a new underwriter, including the advisers and the control and influence that an officer because the broker-dealers’ substantive distributor. Goldman Sachs’ officers and may have over the investment decisions relationship is with the Banks and/or employees do not and will not serve as of a Portfolio—does not apply for the bank holding company organizations members of the Funds’ boards of same reasons described above in with which the Funds are affiliated and directors and, consequently, will not be connection with section 17(a). not with Goldman Sachs. engaged in considering and approving Applicants contend that the Portfolios 8. Applicants state that investment the Funds’ advisory and distribution presently are deprived of full access to decisions for each of the Portfolios are arrangements. the many securities (especially in the made exclusively by the Banks or other 10. Applicants contend that since the fixed-income arena) of which Goldman investment advisers that are not proposed principal transactions would Sachs is an underwriter. Applicants affiliated with Goldman Sachs. not implicate the principal concerns assert that the terms and conditions set Applicants assert that it has always been reflected in section 17(a), the inability of forth in the proposed relief are the intent of the Banks and their parent the Portfolios to engage in these reasonable and fair and do not involve banks and/or bank holding companies transactions with a major financial overreaching on the part of any person; to retain control over the investment institution imposes opportunity and they are consistent with the general decisions of the Funds which they execution costs on the investment purposes of the Act, in general, and advise, except to the extent that third company. Applicants contend that the sections 17(a) and 10(f), in particular, parties are to act as investment advisers prohibitions of section 17(a) and the and the requested exemption is or sub-advisers to the Portfolios. appropriate in the public interest and Applicants also state that although not 6 See North American Security Trust, Investment consistent with the protection of Company Act Release Nos. 18860 (July 22, 1992) investors and the purposes fairly presently intended, Goldman Sachs (notice) and 18899 (Aug. 18, 1992) (order); The One could become a sub-adviser or adviser Group, Investment Company Act Release Nos. intended by the policy and provisions of to a Portfolio of a Fund in the future. If 19410 (Apr. 15, 1993) (notice) and 19470 (May 11, the Act. 1993) (order) (the ‘‘Sub-Adviser Orders’’). Under Goldman Sachs became a sub-adviser or Applicants’ Conditions adviser to any Portfolio, it would engage these orders, Goldman Sachs is permitted to engage in principal transactions with portfolios of any Applicants agree that any order of the registered investment company of which Goldman 4 Applicants cite OCC Interpretive Letter No. 648 Sachs may be deemed to be an affiliated person of SEC granting the requested relief will be (May 4, 1994) and Melanie L. Fein, Securities an affiliated person solely because of its sub- subject to the following conditions: Activities of Banks § 9.07 (1995). advisory relationship with other portfolios of that 1. Neither Goldman Sachs nor its 5 Although Goldman represents that it provides investment company. Goldman Sachs intends to affiliated persons will engage in nominal distribution services to the Funds, reply on these orders in conjunction with the Goldman acknowledges that it continues to retain exemptive order requested by this application. principal transactions with a Portfolio responsibility as principal underwriter for all 7 Salomon Brothers Inc., SEC No-Act. Letter (pub. for which Goldman Sachs or any of its purposes under the federal securities laws. avail. May 26, 1995). affiliated persons act as investment Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61563 adviser except to the extent permitted for public inspection through the undertakings (‘‘Guarantees’’) to secure by the Act, the rules under the Act, no- Commission’s Office of Public GPU International’s agreement with any action letter, or any exemptive order Reference. person (including without limitation granted after the date of an order Interested persons wishing to project lenders) in connection with GPU granting this application, provided that comment or request a hearing on the International’s Project Activities and the the application requesting the application(s) and/or declaration(s) acquisition of ownership or subsequent order refers specifically to should submit their views in writing by participation interests in QF, EWG, or this application. December 4, 1997, to the Secretary, FUCO projects; (ii) guarantee the 2. Goldman Sachs and its affiliated Securities and Exchange Commission, securities or other obligations of EWGs persons will engage in principal Washington, DC 20549, and serve a and FUCOs; and (iii) assume liabilities transactions with a Portfolio in reliance copy on the relevant applicant(s) and/or of EWGs and FUCOs, in an amount of on any order granting this application declarant(s) at the address(es) specified up to $500 million. The Prior Orders only if (i) Goldman Sachs is not below. Proof of service (by affidavit or, also authorized GPU International to affiliated with any investment adviser to in case of an attorney at law, by enter into guarantees, and to assume the Portfolio, (ii) neither Goldman Sachs certificate) should be filed with the liabilities of EWGs and FUCOs, in an nor any affiliated person of Goldman request. Any request for hearing shall aggregate amount of up to $50 million Sachs is responsible for the selection of identify specifically the issues of fact or from time to time through December 31, particular securities to be acquired for law that are disputed. A person who so 1997. the Portfolio, and (iii) neither Goldman requests will be notified of any hearing, GPU and GPU International Sachs nor any affiliated person of if ordered, and will receive a copy of (‘‘Applicants’’) propose to: (i) Expand Goldman Sachs is responsible for the any notice or order issued in the matter. the purposes for which GPU may enter selection of any particular broker-dealer After said date, the application(s) and/ into Guarantees on behalf of GPU or other counterparty for transactions or declaration(s), as filed or as amended, International to include Guarantees of effected by the Portfolio. may be granted and/or permitted to any security or other obligation of GPU 3. Goldman Sachs and its affiliated become effective. International or a subsidiary of GPU persons will engage in principal International (‘‘GPUI Subsidiary’’), transactions with a Portfolio in reliance GPU, Inc. and GPU International, Inc. provided the issuance and sale of any on any order granting this application (70–7727) such security is exempt from the only if no affiliated person of Goldman GPU, Inc. (‘‘GPU’’), 100 Interpace requirement of prior Commission Sachs is serving as a director of the Parkway, Parsippany, New Jersey 07054, approval under section 6(a) of the Act Fund of which the Portfolio is a part. a registered holding company, and GPU or has been otherwise authorized by the 4. Transactions between Goldman International, Inc. (‘‘GPU Commission; (ii) to increase to $150 Sachs or its affiliated persons and any International’’), One Upper Pond Road, million the aggregate principal amount Portfolio made in reliance on any order Parsippany, New Jersey 07054, a of Guarantees which GPU International granting this application will be effected nonutility subsidiary of GPU, have filed may have outstanding hereunder and to only pursuant to arm’s length a post-effective amendment under expand the purposes for which GPU negotiations with the Portfolio, acting sections 6(a), 7, 9(a), 10 and 12(b) of the International may enter into Guarantees through its investment adviser or other Act and rules 45, 53 and 54 under the to include guarantees of the securities or person unaffiliated with Goldman Act to their application-declaration filed other obligations of GPUI Subsidiaries, Sachs, and will be consistent with the under sections 6(a), 7, 9(a), 10, 12(b), provided the issuance and sale of any policy of the Portfolio. 12(c) and 13(b) of the Act and rules 45, such security is exempt from the requirement of prior Commission By the Commission. 50, 51, 90 and 91 under the Act. By orders dated November 16, 1995, approval under section 6(a) of the Act Margaret H. McFarland, June 14, 1995, December 28, 1994, or has been otherwise authorized by the Deputy Secretary. September 12, 1994, December 18, 1992, Commission; (iii) to extend until [FR Doc. 97–30179 Filed 11–17–97; 8:45 am] and June 26, 1990 (HCAR Nos. 26409, December 31, 2000 the period during BILLING CODE 8010±01±M 26307, 26205, 26123, 25715, and 25108) which Applicants may enter into (‘‘Prior Orders’’), GPU International 1 Guarantees; and (iv) to permit any GPUI was authorized to engage in preliminary Subsidiary which is not an EWG or SECURITIES AND EXCHANGE project development and administrative FUCO to guarantee the securities or COMMISSION activities (‘‘Project Activities’’) for its other obligations of their direct or [Release No. 35±26777] investments in: (i) Qualifying facilities indirect subsidiaries from time to time (‘‘QFs’’), as defined in the Public Utility through December 31, 2000 in an Filings Under the Public Utility Holding Regulatory Policies Act of 1978, as aggregate amount not to exceed, together Company Act of 1935, as amended amended (‘‘PURPA’’); (ii) exempt with the aggregate amount of GPU (``Act'') wholesale generators (‘‘EWGs’’), as International Guarantees outstanding, defined in section 32 of the Act; and (iii) $150 million, provided the issue and November 10, 1997. foreign utility companies (‘‘FUCOs’’), as sale of any such security is exempt from Notice is hereby given that the defined in section 33 of the Act. the requirement of prior Commission following filing(s) has/have been made The Prior Orders also authorized GPU approval under section 6(a) of the Act with the Commission pursuant to from time to time through December 31, or has been otherwise authorized by the provisions of the Act and rules 1997 to: (i) Enter into guarantees, Commission. promulgated thereunder. All interested support instruments, and bank letters of The term of each Guarantee and any persons are referred to the application(s) credit reimbursement agreements or letter of credit (‘‘L/C’’) reimbursement and/or declaration(s) for complete similar financial instruments or agreement, would not exceed 35 years. statements of the proposed L/C fees would not exceed 1% annually transaction(s) summarized below. The 1 The Prior Orders were issued for Energy of the face amount of the L/C. Drawings application(s) and/or declaration(s) and Initiatives, Inc. (‘‘EII’’). GPU International is the under each L/C would bear interest at any amendments thereto is/are available entity which succeeded EII. not more than 5% above the prime rate 61564 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices as in effect from time to time. The and operation of the Money Pool, Funds Effective Interest Rate as quoted interest rate on GPU International debt described below. by the Federal Reserve Bank of New guaranteed by GPU, and fees payable, Allegheny, Monongahela, Potomac York as long as this rate is at least four would not exceed rates and fees which Edison, West Penn, and AGC (the basis points lower than the previous are generally obtainable for debt bearing ‘‘Companies’’) request that, from day’s seven-day commercial paper rate similar terms, conditions and features December 31, 1997 to December 31, as quoted by the same source. Whenever and which is issued by companies of the 2002, they be authorized to engage in the Fed Funds rate is not at least four same or reasonably comparable credit short-term financing, including notes to basis points lower than the seven-day quality. banks (‘‘Notes’’), commercial paper commercial paper rate, the Agreement GPU agrees that it will not enter into (‘‘CP’’), and Money Pool borrowings, in provides that the seven-day commercial any Guarantee which: (i) Guarantees the aggregate amounts not to exceed the paper rate minus four basis points securities or obligations of an EWG or following amounts outstanding at any should be used. FUCO; or (ii) guarantees the one time for each of the following The Agreement has been revised in performance of a Guarantee executed by Applicants: Allegheny—$400 million; the following additional ways. The GPU International or a GPUI Subsidiary Monongahela—$106 million; Potomac interest income resulting from the of the securities or other obligations of Edison—$130 million; West Penn— external investments will be accrued an EWG or FUCO, unless in any such $182 million; AGC—$100 million. daily instead of booked upon receipt. In case the conditions set forth in the The Companies have established bank addition, interest income will be Commission’s supplemental order dated lines of credit ranging from $10 million allocated to members of the Money Pool November 5, 1997 (HCAR No. 26773) to $40 million for an aggregate total of on a basis equal to their pro rata share have been satisfied. Furthermore, any $295 million available for short-term of net contributions in the Money Pool such Guarantee by GPU would be borrowings. The Companies have agreed throughout the month, instead of on the included in GPU’s ‘‘aggregate to pay for each of these lines of credit net contributions on the day the investment’’ as defined in rule 53(a). an annual cash fee no greater than 10 investment was placed. Also, a sentence basis points on all or the balance of the was added to the Agreement providing Allegheny Power System, Inc., et al. line of credit. that the allocation of interest income (70–7888) Each Note payable to a bank will be will be settled on a cash basis on the last Allegheny Power System, Inc. dated as of the date of the borrowing business day of each month. (‘‘Allegheny’’), 10435 Downsville Pike, which it evidences, will mature not Allegheny proposes to use the Hagerstown, Maryland 21740, a more than 270 days after the date of proceeds from the proposed borrowings registered holding company, Allegheny issuance or renewal thereof, will bear to: (1) Acquire common stock of Power Service Corporation, 800 Cabin interest at a mutually agreed upon rate, subsidiaries; (2) make capital Hill Drive, Greensburg, Pennsylvania provided that the effective rate for any contributions to subsidiaries (which, in 15601, Allegheny’s service company 30-day period, on an annualized basis, turn, may use the proceeds for subsidiary, three electric utility will not exceed prime plus 2 percentage investments in exempt wholesale subsidiary companies of Allegheny—(i) points and may or may not have generators or foreign utility companies); Monongahela Power Company prepayment privileges, as set forth in and (3) purchase shares of Allegheny (‘‘Monongahela’’), 1310 Fairmont the Prior Orders. It is estimated that the common stock in order to fund its Avenue, Fairmont, West Virginia 26554, maximum aggregate amount of any Dividend Reinvestment and Stock (ii) The Potomac Edison Company short-term borrowings on behalf of Purchase Plan and Employee Stock (‘‘Potomac Edison’’), 10435 Downsville Applicants at any one time outstanding, Option and Stock Purchase Plan in lieu Pike, Hagerstown, Maryland 21740, and when taken together with any CP then of issuing additional new shares of (iii) West Penn Power Company (‘‘West outstanding and funds borrowed by common stock pursuant to such plans. Penn’’), 800 Cabin Hill Drive, such affiliates under the Money Pool, Northeast Utilities, et al. (70–8507) Greensburg, Pennsylvania 15601, and will not be in excess of $918 million. Allegheny Generating Company The CP will be in the form of Northeast Utilities (‘‘NU’’), 174 Brush (‘‘AGC’’), 10435 Downsville Pike, promissory notes and will be of varying Hill Avenue, West Springfield, Hagerstown, Maryland 21740, an maturities, with no maturity more than Massachusetts 01089, a registered electric utility subsidiary of 270 days after the date of issue. The CP holding company, and its wholly owned Monongahela, Potomac Edison and will have the other terms and conditions subsidiaries, Northeast Utilities Service West Penn (collectively, ‘‘Applicants’’) as authorized by the Prior Orders. Company (‘‘Service’’), PO Box 270, have filed a post-effective amendment to Applicants state that no Notes or CP Hartford, Connecticut 06141–0270, their application-declaration filed under will mature after June 30, 2003. Charter Oak Energy, Inc. (‘‘Charter sections 6(a), 7, 9(a), 10 and 12(b) of the Applicants also propose to continue Oak’’) and COE Development Act and rules 43, 45, 53 and 54 under the Allegheny Power System Money Corporation (‘‘COE Development’’), both the Act. Pool from December 31, 1997 to located at 107 Seldon Street, Berlin, By orders dated January 29, 1992, December 31, 2002. Allegheny is a Connecticut 06037, (collectively, February 28, 1992, July 14, 1992, participant in the Money Pool only to ‘‘Applicants’’) have filed a post-effective November 5, 1993, November 28, 1995, the extent it has funds available for amendment to their application- and April 18, 1996 (HCAR Nos. 25462, lending through the Money Pool. declaration under sections 6(a), 7, 9(a) 25481, 25581, 25919, 26418, and 26506) Allegheny may not borrow from the 10, 12(b), 12(c), 13(b), 32 and 33 of the (‘‘Prior Orders’’), Applicants were Money Pool. AGC will be allowed to Act and rules 45, 46, 53, 54, 83, 86, authorized to engage in certain short- borrow from, but not invest in, the 87(b)(1), 90 and 91 under the Act. term financing programs and operation Money Pool. By orders dated December 30, 1994 of the Allegheny System Money Pool The calculation of interest income (HCAR No. 26213), as amended on (‘‘Money Pool’’). Applicants now and expense have been revised in the August 7, 1995 (HCAR No. 26345), propose, from December 31, 1997 Money Pool agreement (‘‘Agreement’’). December 12, 1996 (HCAR No. 26623), through December 31, 2002, to continue Interest income and expense are now and March 25, 1997 (HCAR No. 26691) certain short-term financing programs calculated using the previous day’s Fed (collectively, ‘‘Prior Orders’’), the Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61565

Commission generally authorized, and Qualified IPPs after obtaining system subject to the terms and among other things, Charter Oak and Commission approval. conditions set forth in the Prior Orders. COE Development to invest in, and NU has announced its intention to GPU, Inc. et al. (70–8593) finance the acquisition of, exempt sell its interest in Charter Oak and the wholesale generators within the majority of its subsidiaries to an GPU, Inc. (‘‘GPU’’), of 100 Interpace meaning of section 32 of the Act unaffiliated third party (‘‘Sale’’). Charter Parkway, Parsippany, New Jersey 07054, (‘‘EWGs’’) and foreign utility companies Oak may sell the voting stock of some a registered holding company, and two within the meaning of section 33 of the or all of its subsidiaries to third parties of its nonutility subsidiaries, GPU Act (‘‘FUCOs,’’ and together with EWGs, prior to NU’s sale of the voting International, Inc. and EI Services, Inc., ‘‘Exempt Projects’’), subject to certain securities of Charter Oak. NU may retain both of One Upper Pond Road, limitations. Specifically, the Prior an indirect interest in one or more of Parsippany, New Jersey 07054, its Orders authorized: (1) The formation of Charter Oak’s Exempt Projects by operating companies, Jersey Central intermediate subsidiary companies transferring the stock of that Exempt Power & Light Company, Metropolitan (‘‘Intermediate Companies’’) to acquire Project or its Intermediate Company Edison Company and Pennsylvania an interest in, finance the acquisition parent to another NU subsidiary. Electric Company, each of P.O. Box 16001, Reading, Pennsylvania 19640, and hold the securities of Exempt As a result of the proposed Sale, the and its service company, GPU Service, Projects, through the issuance by the Applicants are requesting authorization Inc., of 100 Interpace Parkway, Intermediate Companies of up to $600 to extend NU’s period of authorization Parsippany, New Jersey 07054, have million of equity securities and debt to invest directly in Charter Oak and securities to third parties, of which $150 filed a post-effective amendment under indirectly, in COE Development, the sections 6(a), 7, 9(a), 10, 12(b), 32 and million would be recourse; (2) Remaining Amount, and engage in the Intermediate Companies to make partial 33 of the Act and rules 43, 45, 53 and related transactions, pursuant to the 54 thereunder, to their application- sales of certain projects; (3) terms and conditions set forth in the participation in joint ventures with declaration, under sections 6(a), 7, 9(a), Prior Orders, through December 31, 10, 12(b), 32 and 33 of the Act and rules nonassociate companies; (4) 1% of the 1998. total NU system employees and no more 45, 52, 53 and 54 thereunder, in the than 2% of the total of NU Service The Applicants also request above file. Company employees to provide services modification of the Prior Orders to By orders of the Commission dated to Intermediate Companies, EWGs and authorize: (1) Charter Oak and its November 5, 1997, January 19, 1996 and FUCOs; and (5) certain Intermediate subsidiaries to pay dividends to their July 6, 1995 (HCAR Nos. 26773, 26457 Companies, EWGs and FUCOs to pay parent companies out of capital or and 26326, respectively) (‘‘Orders’’), dividends to their parent companies, unearned surplus, in compliance with among other things, GPU is authorized from time to time out of capital or rule 46 and relevant corporate law, to to acquire and own interests in exempt unearned surplus, and for Charter Oak ensure that the NU system receives the wholesale generators (‘‘EWGs’’) and to use such funds to pay dividends to full amount of funds available to it in foreign utility companies (‘‘FUCOs’’ and NU, to the extent permitted by connection with the sale or transfer of EWGs, ‘‘Exempt Entities’’) through GPU applicable corporate law. these entities; (2) Service employees subsidiaries (‘‘Project Parents’’) that are The Prior Orders authorized Charter (which include the current employees of not Exempt Entities, but are engaged, Oak and COE Development to invest Charter Oak) to continue to provide directly or indirectly, and exclusively, and hold interests in qualifying services 2 to Exempt Projects and in the business of owning and holding cogeneration and small power Intermediate Companies after they have the interests and securities of one or production facilities as defined in the been sold to unaffiliated buyers, subject more Exempt Entities and related Public Utility Regulatory Policies Act of to the de minimis amount limitation project development activities. GPU is 1978 (‘‘QF’’), throughout the United established under the Prior Orders; and authorized to make equity investments States; independent power production (3) NU to invest a maximum of $75 in Project Parents in the form of capital facilities that would constitute a part of million to fund the acquisition by an stock or shares, trust certificates, NU’s ‘‘integrated public utility system’’ NU subsidiary of any Exempt Project or partnership interests or other equity or within the meaning of section Intermediate Company currently owned participation interests. GPU is also 2(a)(29)(A) of the Act (‘‘Qualified IPPs’’); by Charter Oak.3 authorized, through December 31, 1997, and Exempt Projects. Charter Oak and Service company employees may to make investments in one or more COE Development were also authorized continue to provide services at market Project Parents in the form of: Loans to provide consulting services to the rates to any Exempt Project or evidenced by promissory notes; projects. In addition, the Applicants Intermediate Company retained by the guarantees by GPU of the principal of, have authority to issue guarantees and or interest on, any promissory notes or assume the liabilities of subsidiary 2 The services that may be rendered will include: other evidences of indebtedness or companies for pre-development management, administrative, legal, tax and obligations of any Project Parent or an activities, and for both pre-development financing advice, accounting, engineering undertaking by GPU to contribute consulting, language skills and software equity; assumption of liabilities of a and contingent liabilities subsequent to development, provided that, such software operation with regard to Exempt development will not involve proprietary software Project Parent; and reimbursement Projects, subject to certain restrictions. owned by Service. agreements with banks which support To date, NU has invested 3 The investment may take the form of letters of credit delivered as security for approximately $115 million in Charter acquisitions of common stock, capital GPU’s obligations to contribute equity to contributions, open account advances, and/or Oak and expects to invest an additional subordinated loans. Open account advances or a Project Parent or otherwise in $5 million through December 31, 1997. subordinated loans will either bear no interest or connection with the project NU has $80 million remaining from its bear interest at a rate based on NU’s cost of funds development activities of a Project previous authorization to engage in in effect on the date of issue, but in no case in Parent. excess of the prime rate at a bank designated by NU. power development activities Any investment by NU in the equity securities of GPU is also authorized to make (‘‘Remaining Amount’’). Charter Oak a subsidiary that have a stated par value will be in investments in Exempt Entities, through and COE Development may invest in QF an amount equal or greater to that value. December 31, 1997, in the form of: 61566 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

Guarantees of the indebtedness or other Commissioner Hunt, as duty officer, Secretary, the Amex and at the obligations of one or more Exempt voted to consider the items listed for the Commission. Entities; assumption of liabilities of one closed meeting in a closed session. II. Self-Regulatory Organization’s or more Exempt Entities; and guarantees The subject matter of the closed Statement of the Purpose of, and and letter of credit reimbursement meeting scheduled for Thursday, Statutory Basis for, the Proposed Rule agreements in support of equity November 20, 1997, at 10:00 a.m., will Change contribution obligations or otherwise in be: connection with project development Institution and settlement of injunctive In its filing with the Commission, the activities for one or more Exempt actions. Amex included statements concerning Entities. Institution and settlement of the purpose of and basis for the Under the Orders, GPU’s ‘‘aggregate administrative proceedings of an proposed rule change and discussed any investment’’ (as defined in rule enforcement nature. comments it received on the proposed 53(a)(1)(i)) in Project Parent and Exempt At times, changes in Commission rule change. The text of these statements Entities cannot exceed 100% of GPU’s priorities require alterations in the may be examined at the places specified ‘‘consolidated retained earnings’’ (as scheduling of meeting items. For further in Item IV below. The Amex has defined in rule 53(a)(1)(ii)). information and to ascertain what, if prepared summaries, set forth in Applicants now propose to extend the any, matters have been added, deleted sections A, B and C below, of the most authorizations under the Orders through or postponed, please contact: The Office significant aspects of such statements. December 31, 2000. In addition, of the Secretary at (202) 942–7070. applicants request authorization for A. Self-Regulatory Organization’s Project Parent to guarantee or assume Dated: November 14, 1997. Statement of the Purpose of, and liabilities of the securities issued by, or Jonathan G. Katz, Statutory Basis for, the Proposed Rule other obligations of, their direct or Secretary. Change indirect subsidiaries in an aggregate [FR Doc. 97–30338 Filed 11–14–97; 11:03 am] 1. Purpose amount not to exceed $1 billion, BILLING CODE 8010±01±M through December 31, 2000.4 The purpose of the proposed rule For the Commission, by the Division of change is to reduce from 100 contracts Investment Management, pursuant to SECURITIES AND EXCHANGE to 25 contracts the minimum value size delegated authority. COMMISSION of closing transactions in and exercises Margaret H. McFarland, [Release No. 34±39315; File No. SR±AMEX± of FLEX Equity Options, and to make a Deputy Secretary. 97±43] comparable reduction in the minimum [FR Doc. 97–30180 Filed 11–17–97; 8:45 am] value size of FLEX Equity Quotes in BILLING CODE 8010±01±M Self-Regulatory Organizations; Notice response to a Request for Quotes. of Filing and Immediate Effectiveness Currently, Rule 903G(a)(4)(iii) of Proposed Rule Change by the imposes a 100 contract minimum on all SECURITIES AND EXCHANGE American Stock Exchange, Inc. transactions in FLEX Equity Options COMMISSION Relating to a Reduction in Minimum unless the transaction is for the entire Size for Closing Transactions in FLEX remaining position in the account. The Agency Meeting; Sunshine Act Equity Options Exchange believes that the current Meeting November 10, 1997. minimum value size of closing and Notice is hereby given, pursuant to Pursuant to Section 19(b)(1) of the exercise transactions in FLEX Equity the provisions of the Government in the Securities Exchange Act of 1934 Options is too large to accommodate the Sunshine Act, Pub. L. 94–409, that the (‘‘Act’’) 1 and Rule 19n–4 thereunder,2 needs of certain member firms and their Securities and Exchange Commission notice is hereby given that on November customers. These firms may purchase will hold the following meeting during 4, 1997, the American Stock Exchange, 100 or more FLEX Equity Options in an the week of November 17, 1997. Inc. (‘‘Amex’’ or ‘‘Exchange’’) filed with opening transaction for a single firm A closed meeting will be held on the Securities and Exchange account in which more than one of the 3 Thursday, November 20, 1997, at 10:00 Commission (‘‘Commission’’ or ‘‘SEC’’) firm’s clients have an interest. If one of a.m. the proposed rule change as described these clients wants to redeem its Commissioners, Counsel to the in Items I, II and III below, which Items investment in the account, the firm Commissioners, the Secretary to the have been prepared by the Amex. The likely will want to engage in a closing Commission, and recording secretaries Commission is publishing this notice to or exercise transaction in order to will attend the closed meeting. Certain solicit comments on the proposed rule reduce the account’s position in those staff members who have an interest in change from interested persons. FLEX Equity Options by the number the matters may also be present. being redeemed. Thus, if the redeeming The General Counsel of the I. Self-Regulatory Organization’s client’s interest is less than 100 FLEX Commission, or his designee, has Statement of the Terms of Substance of Equity Options and does not represent certified that, in his opinion, one or the Proposed Rule Change the total remaining position in the more of the exemptions set forth in 5 The Amex proposes to amend account, Rule 903G(a)(4)(iii), as it stands U.S.C. 552b(c)(4), (8), (9)(A) and (10) Exchange Rule 903G to decrease from presently, prevents the firm from and 17 CFR 200.402(a)(4), (8), (9)(i) and 100 contracts to 25 contracts the closing or exercising positions of this (10), permit consideration of the minimum value size of closing size. scheduled matters at the closed meeting. transactions and quotes for Flex Equity Options. The text of the proposed rule 3 The Commission notes that the minimum size 4 Applicants represent that these guarantees will change is available at the Office of the for an opening transaction in a Request for Quotes support only securities issuances authorized by the is 250 contracts for any FLEX series in which there Commission or exempt from the requirement of is no open interest, and 100 contracts in any prior Commission approval under section 6(a) of 1 15 U.S.C. 78s(b)(1). currently opened FLEX series. See Amex Rule the Act. 2 17 CFR 240.19b–4. 903G(a)(4)(ii) and (iii). Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61567

The Exchange believes that the C. Self-Regulatory Organization’s For the Commission, by the Division of proposed rule change would remedy the Statement on Comments on the Market Regulation, pursuant to delegated situation described above, by permitting Proposed Rule Change Received From authority.8 an order to close or exercise as few as Members, Participants, or Others Margaret H. McFarland, 25 FLEX Equity Option contracts. The Written comments on the proposed Deputy Secretary. corresponding change to Rule rule change were neither solicited nor [FR Doc. 97–30178 Filed 11–17–97; 8:45 am] 903G(a)(4)(iv), which governs the received. BILLING CODE 8010±01±M minimum size for FLEX Equity Quotes that may be entered in response to III. Date of Effectiveness of the Request for Quotes, is necessary in order Proposed Rule Change and Timing for Commission Action to provide the liquidity needed to SMALL BUSINESS ADMINISTRATION facilitate the execution of closing orders Because the foregoing proposed rule between 25 and 99 FLEX Equity Option change: (1) Does not significantly affect [Declaration of Disaster #2987] contracts that would be permitted by the the protection of investors or the public proposed amendment to Rule interest; (2) does not impose any State of Florida 903G(a)(4)(iii). significant burden on competition; and The Exchange represents that it will (3) does not become operative for 30 Volusia County and the contiguous issue a circular that (1) describes the days from November 4, 1997, the date Counties of Brevard, Flagler, Lake, new rule; and (2) reminds all members on which it was filed, and the Exchange Orange, Putnam, and Seminole in the and member firms of their continuing provided the Commission with written State of Florida constitute a disaster area responsibility to ensure that FLEX notice of its intent to file the proposed as a result of damages caused by heavy Equity Options are utilized only by rule change at least five days prior to the rains, strong thunderstorms, and sophisticated investors with the filing date, it has become effective tornadoes which occurred on November necessary financial resources to sustain pursuant to Section 19(b)(3)(A) of the 2, 1997. Applications for loans for the possible losses arising from Act 6 and Rule 19b–4(e)(6) 7 thereunder. physical damage may be filed until the transactions in the requisite FLEX At any time within 60 days of the close of business on January 5, 1998 and 4 Equity Options class size. filing of the proposed rule change, the for economic injury until the close of 2. Statutory Basis Commission may summarily abrogate business on August 6, 1998 at the such rule change if it appears to the address listed below or other locally The Exchange believes that by Commission that such action is announced locations: U.S. Small providing firms and their customers necessary or appropriate in the public Business Administration, Disaster Area greater flexibility to trade FLEX Equity interest, for the protection of investors, 2 Office, One Baltimore Place, Suite Options by lowering from 100 to 25 the or otherwise in furtherance of the 300, Atlanta, GA 30308 minimum number of contracts required purposes of the Act. for a closing transaction, for exercises, The interest rates are: IV. Solicitation of Comments and for FLEX Quotes responsive to a Percent Request for Quotes, the proposed rule Interested persons are invited to change is consistent with and furthers submit written data, views and For Physical Damage: the objectives of Section 6(b)(5) of the arguments concerning the foregoing. Homeowners with credit avail- Act 5 by removing impediments to and Persons making written submissions able elsewhere ...... 7.625 perfecting the mechanism of a free and should file six copies thereof with the Homeowners without credit open market in securities and otherwise Secretary, Securities and Exchange available elsewhere ...... 3.812 serving to protect investors and the Commission, 450 Fifth Street, N.W., Busineses with credit available public interest. Washington, D.C. 20549. Copies of the elsewhere ...... 8.000 submission, all subsequent Businesses and non-profit or- B. Self-Regulatory Organization’s amendments, all written statements ganizations without credit Statement on Burden on Competition with respect to the proposed rule available elsewhere ...... 4.000 The Amex does not believe that the change that are filed with the Others (including non-profit or- ganizations) with credit proposed rule change will impose any Commission, and all written communications relating to the available elsewhere ...... 7.125 burden on competition that is not For Economic Injury: necessary or appropriate in furtherance proposed rule change between the Commission and any person, other than Businesses and small agricul- of the purposes of the Act. tural cooperatives without those that may be withheld from the credit available elsewhere ... 4.000 4 The Commission’s staff has reviewed the public in accordance with the Annex’s surveillance program and believes it provisions of 5 U.S.C. 552, will be provides a reasonable framework in which to available for inspection and copying in The number assigned to this disaster monitor investor open interest to ensure that only the Commission’s Public Reference for physical damage is 298706 and for such sophisticated investors are utilizing this economic injury the number is 963600. product. Nonetheless, the Commission requests that Room, 450 Fifth Street, N.W., the Exchange provide a report to the Commission’s Washington, D.C. 20549. Copies of such (Catalog of Federal Domestic Assistance Division of Market Regulation describing the nature filing will also be available for Program Nos. 59002 and 59008) of investor participation in FLEX Equity Options for inspection and copying at the principal one year from the implementation date for the rule Dated: November 6, 1997. change. The report is due on December 31, 1998. office of the Amex. All submissions Ginger Lew, If the Exchange determines in the interim that the should refer to File No. SR–Amex–97– proposed rule change has resulted in a pattern of 43 and should be submitted by Acting Administrator. inappropriate investor participation in FLEX Equity December 9, 1997. [FR Doc. 97–30265 Filed 11–17–97; 8:45 am] Options, it should notify the Commission’s Division BILLING CODE 8025±01±P of Market Regulation to determine if the minimum closing transaction sizes should be modified. 6 15 U.S.C. 78s(b)(3)(A). 5 15 U.S.C. 78f(b)(5). 7 17 CFR 240.19b–4(e)(6). 8 17 CFR 200.30–3(a)(12). 61568 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

SMALL BUSINESS ADMINISTRATION close of business on January 5, 1998 and Percent for economic injury until the close of [Declaration of Disaster #2985] business on August 4, 1998 at the Homeowners with credit avail- able elsewhere ...... 7.625 State of Florida address listed below or other locally announced locations: Homeowners without credit available elsewhere ...... 3.812 Pinellas County and the contiguous U.S. Small Business Administration, Counties of Hillsborough and Pasco in Businesses with credit avail- Disaster Area 2 Office, One Baltimore able elsewhere ...... 8.000 the State of Florida constitute a disaster Place, Suite 300, Atlanta, GA 30308 Businesses and non-profit or- area as a result of damages caused by The interest rates are: ganizations without credit tornadoes, wind burst, and available elsewhere ...... 4.000 thunderstorms which occurred on Percent Others (including non-profit or- October 27, 1997. Applications for loans ganizations) with credit for physical damage may be filed until For Physical Damage: available elsewhere ...... 7.125 the close of business on January 5, 1998 Homeowners with credit avail- For Economic Injury: and for economic injury until the close able elsewhere ...... 7.625 Businesses and small agricul- of business on August 4, 1998 at the Homeowners without credit tural cooperatives without credit available elsewhere ... 4.000 address listed below or other locally available elsewhere ...... 3.812 Businesses with credit available announced locations: U.S. Small elsewhere ...... 8.000 The numbers assigned to this disaster Business Administration, Disaster Area Businesses and non-profit orga- for physical damage is 298812 and for 2 Office, One Baltimore Place, Suite nizations without credit avail- Louisiana; and 298912 for Texas. For 300, Atlanta, GA 30308 able elsewhere ...... 4.000 economic injury the numbers are The interest rates are: Others (including non-profit or- ganizations) with credit avail- 966900 for Texas. Percent able elsewhere ...... 7.125 (Catalog of Federal Domestic Assistance For Economic Injury: Program Nos. 59002 and 59008) For Physical Damage: Businesses and small agricul- Dated: November 10, 1997. Homeowners with credit avail- tural cooperatives without Aida Alvarez, able elsewhere ...... 7.625 credit available elsewhere ..... 4.000 Homeowners without credit Administrator. available elsewhere ...... 3.812 The number assigned to this disaster [FR Doc. 97–30267 Filed 11–17–97; 8:45 am] Busineses with credit available for physical damage is 298606 and for BILLING CODE 8025±01±P±M elsewhere ...... 8.000 economic injury the number is 963500. Businesses and non-profit or- ganizations without credit (Catalog of Federal Domestic Assistance available elsewhere ...... 4.000 Program Nos. 59002 and 59008) DEPARTMENT OF STATE Others (including non-profit or- Dated: November 4, 1997. Office of the Secretary ganizations) with credit Ginger Lew, available elsewhere ...... 7.125 Acting Administrator. [Public Notice No. 2628] For Economic Injury: [FR Doc. 97–30268 Filed 11–17–97; 8:45 am] Businesses and small agricul- New International Bridge, Brownsville, tural cooperatives without BILLING CODE 8025±01±P credit available elsewhere ... 4.000 Texas: Finding of No Significant Impact and Summary Environmental The number assigned to this disaster SMALL BUSINESS ADMINISTRATION Assessment for physical damage is 298511 and for [Declaration of Disaster #2988] SUMMARY: On October 9, 1997 the economic injury the number is Department of State made a finding that 9636.400. Louisiana; (and Contiguous County in two new international bridges (Catalog of Federal Domestic Assistance Texas) sponsored by the Brownsville Program Nos. 59002 and 59008) Beauregard Parish and the contiguous Navigation District (hereafter, BND), Dated: November 4, 1997. parishes of Allen, Calcasieu, Jefferson Brownsville, Texas, would have no Aida Alvarez, Davis, and Vernon State of Louisiana; significant impact on the environment. Administrator. and Newton County in Texas constitute Accordingly, the Department of State is [FR Doc. 97–30266 Filed 11–17–97; 8:45 am] a disaster area as a result of damages announcing issuance of a finding of no significant impact. A draft BILLING CODE 8025±01±P±M caused by severe thunderstorms, rain, and tornadoes which occurred on environmental assessment of the October 23–24, 1997. Applications for proposed Port of Brownsville SMALL BUSINESS ADMINISTRATION loans for physical damage as a result of International Crossings was prepared for the BND, under the guidance and [Declaration of Disaster #2986] this disaster may be filed until the close of business on January 12, 1998 and for supervision of the State Department, by State of Florida economic injury until the close of Parsons Brinckerhoff Quade & Douglas, business on August 10, 1998 at the Inc., of Austin, Texas; St. John-Villarreal Manatee County and the contiguous address listed below U.S. Small Associates of Fairfax, Virginia; Mariah Counties of DeSoto, Hardee, Business Administration, Disaster Area Associates of Austin, Texas; Gonzalez Hillsborough, Polk, and Sarasota in the 3 Office, 4400 Amon Carter Blvd., Suite Engineers and Surveyors of Brownsville, State of Florida constitute a disaster area 102, Ft. Worth, TX 76155. Texas; and Dr. Michael Tewes of as a result of damages caused by The interest rates are: Kingsville, Texas. The Department of extensive flash flooding as a result of State placed a notice in the Federal severe rains which occurred on October Percent Register (56 FR 223 November 19, 1991) 31, 1997. Applications for loans for regarding the availability for inspection physical damage may be filed until the For Physical Damage: of the Brownsville Navigation District’s Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61569

Permit application and the draft Based on the final environmental Administration (GSA) inspection environmental assessment; one public assessment, including mitigation facility and BND toll-installation will be comment was received, from the Texas measures, and information developed located on 40 acres of land immediately Center for Policy Studies. In August during the review of the BND’s south of SH 4. 1995, Hicks & Company, of Austin, application, the Department of State has The new bridges will: Texas and Brown & Root, Inc. of concluded that issuance of the • Provide the Port of Brownsville Houston, Texas, submitted an Presidential Permit authorizing with additional direct rail and road addendum to the environmental construction of the Port of Brownsville links with Mexico, thereby enhancing assessment. In March 1997, Hicks & International Crossings will not have a its competitiveness; • Company submitted a document significant impact on the quality of the Create an alternative route for summarizing mitigation efforts human environment within the United commercial traffic destined for the Port, associated with the permit application. States. In accordance with the National most of which is obliged to use bridges Eighteen Federal and state agencies Environmental Policy Act, 42 U.S.C. located in downtown Brownsville (the reviewed the draft environmental § 4321 et seq., Council on Los Tomates bridge, scheduled to open assessment. They were: the Immigration Environmental Quality Regulations, 40 in March, 1999, is also located in the and Naturalization Service, the United CFR 1501.4 and 1508.13, and with metropolitan Brownsville area). • Divert traffic away from downtown States Customs Service, the Food and Department of State Regulations, 22 CFR Brownsville bridges and thereby reduce Drug Administration, the Animal and 161.8(c), an environmental impact noise, vehicle congestion, air pollution, Plant Health Inspection Service (of the statement, therefore, will not be and deterioration of roadways in the Department of Agriculture), the General prepared. downtown area caused by commercial Services Administration, the A finding of no significant impact was traffic. International Boundary and Water made on October 9, 1997. • Reduce the traffic of hazardous Commission-United States Section, the ADDRESSES: Copies of the Finding of No materials carriers through populated Department of Defense, the Department Significant Impact may be obtained areas in Brownsville; and of Transportation (Federal Highway from M. Elizabeth Swope, Coordinator, • Accommodate anticipated Administration and the United States U.S.-Mexico Border Affairs, Office of economic growth in the Brownsville Coast Guard), the Federal Emergency Mexican Affairs, Room 4258, area. Management Agency, the Department of Department of State, Washington, D.C. the Interior (United States Fish and 20520 (202–647–8529). Summary Environmental Assessment Wildlife Service), the Department of SUPPLEMENTARY INFORMATION: The The Department evaluated possible Commerce, the Environmental Department of State (the Department) is environmental impacts of the project. Protection Agency, the Interstate charged with issuance of Presidential The Lower Rio Grande Valley of Texas Commerce Commission (now part of the Permits for the construction of is the primary zone of occupation Department of Transportation), the international bridges between the within the United States for two species Department of State, the Texas Parks United States and Mexico under the of Federally-protected cat, the ocelot and Wildlife Department, the Texas International Bridge Act of 1972, 86 and the jaguarundi. The project area Department of Transportation, the Texas Stat. 731; 33 U.S.C. § 535 et seq., and constitutes a potential travel corridor for Historical Commission, and the Texas Executive Order 11423, 33 FR 11741 the cats. Additionally, there is potential Natural Resource Conservation (1968), as amended by Executive Order that a Federally-protected bird, the Commission (formerly the Texas Water 12847 of May 17, 1993, 58 FR 96 (1993). northern aplomado falcon, may nest in Commission). All comments received The Brownsville Navigation District, or near the area. The project corridor from these agencies were either Texas, has applied to the Department for contains 93 acres of wetlands, 12.77 responded to directly or resulted in a Presidential Permit to build two acres of which would be lost, and lies further analysis being conducted and bridges, one for commercial-cargo entirely within the 100-year floodplain. incorporated into this assessment, vehicular traffic and the other for The BND worked closely with all including consideration of mitigation commercial-cargo rail traffic, across the agencies involved in the review process, measures. Additionally, the BND met Rio Grande River from River Mile 24, especially the USFWS, to address their and corresponded with agencies to eight miles east of downtown concerns about the possible discuss ways of meeting their particular Brownsville, Cameron County, Texas, environmental impacts of this project. concerns and, where appropriate, to and three miles south of the Brownsville The project has been extensively discuss mitigation measures; these Ship Channel, to Matamoros, redesigned to avoid and mitigate contacts were most frequent with the Tamaulipas, Mexico. The site is 13.5 potential impacts. Specifically, the BND U.S. Fish and Wildlife Service miles west of the mouth of the Rio has agreed, inter alia, to elevate the (USFWS). Grande, which empties into the Gulf of bridges inland 430 feet and revegetate The results of the BND’s meetings and Mexico. There are no bridges between the area underneath the bridge other contacts with agencies involved in the site and the Gulf of Mexico. structures to reestablish a wildlife travel the application review were recorded in The two bridges will be built adjacent corridor; construct a minimum of ten correspondence and in the August, 1995 to each other at the terminus of an culverts in the elevated approach and March, 1997 addenda to the 1991 undeveloped 1,000-foot wide, BND- structure leading to the bridges that will BND application. This summary owned corridor extending three miles allow wildlife to pass through; conduct environmental assessment, the northward from the site to the a breeding-season nest survey to gather comments submitted by the agencies, Brownsville Ship Channel. The bridges information about the northern the responses to these comments, and will be connected to the Ship Channel aplomado falcon, conduct a three-year all correspondence between the by a roadway and a railway built public education and information agencies and the Permit applicant through the center of the corridor. Texas campaign focusing on three Federally- addressing the agencies’ concerns, State Highway 4 (SH 4) bisects the protected species; and enhance or create together constitute the final corridor approximately 3,600 feet north 60.6 acres of wetlands adjacent to Little environmental assessment. of the bridge site. The General Services San Martin Lake, located north of the 61570 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

Ship Channel, about five miles from the Brownsville Navigation District of a and Wildlife Department, the Texas impact site. Presidential Permit for two new Department of Transportation, the Texas The Department considered international bridges between Historical Commission, and the Texas cumulative environmental impacts Brownsville, Texas, and Matamoros, Natural Resource Conservation resulting from the project. Mitigation of Tamaulipas, Mexico. The Department Commission (formerly the Texas Water wetlands impacts, preservation of the determined that issuance of the Permit Commission). riparian vegetation corridor, and would serve the national interest and Dated: November 4, 1997. establishment of travel corridors for the Permit was signed on October 12, endangered cats will minimize the 1997 and issued on November 3, 1997 M. Elizabeth Swope, project’s contribution to potential pursuant to the International Bridge Act Coordinator, U.S.-Mexico Border Affairs. environmental impacts caused by (33 U.S.C. 555 et seq.) and Executive [FR Doc. 97–30163 Filed 11–17–97; 8:45 am] existing and reasonably foreseeable Order 11423, 33 FR 11741 (1968), as BILLING CODE 4710±45±M international crossings in the Lower Rio amended by Executive Order 12847 of Grande Valley. The reduction in vehicle May 17, 1993, 58 FR 96 (1993). No waiting times and the deviation of a notifications of disagreement were DEPARTMENT OF STATE significant portion of commercial traffic received within the 15-day period from downtown Brownsville bridges prescribed in Section 1(f) of Executive [Public Notice 2630] will positively impact air quality for the Order 11423. population of the region. The removal of ADDRESSES: Copies of the Presidential Privacy Act of 1974; Creation of a New hazardous cargoes from downtown Permit may be obtained from M. System of Records Brownsville will have a positive impact Elizabeth Swope, Coordinator, U.S.- on public safety. The commercial-cargo- Mexico Border Affairs, Office of Notice is hereby given that the only nature of the bridges and Mexican Affairs, Room 4258, Department of State proposes to create constraints to secondary development in Department of State, Washington, D.C. a new system of records, STATE–23, the project area will limit urban and 20520 (Telephone 202–647–8529). pursuant to the provisions of the commercial sprawl. SUPPLEMENTARY INFORMATION: Notice of Privacy Act of 1974, as amended (5 On April 30, 1992, a programmatic the application by the Brownsville U.S.C. 552a)), and the Office of agreement was executed among the Navigation District for a Permit to build Management and Budget Circular No. Department of State, the Texas State two new international bridges across the A–130, Appendix I. The Department’s Historic Preservation Officer (SHPO), Rio Grande between Brownsville, Texas, report was filed with the Office of the Texas Department of Transportation, and Matamoros, Tamaulipas, Mexico, Management and Budget on November the Advisory Council on Historic was placed in the Federal Register on 5, 1997. Preservation, and the Brownsville November 19, 1991, 56 FR 223. The new Navigation District, in which the BND This system of records is being bridges will be located parallel to each agreed, inter alia, to: implemented by the Department of State • other about eight miles east of pursuant to the Debt Collection Conduct a cultural resources survey downtown Brownsville, Cameron within the Area of Potential Effect prior Improvement Act of 1996 to support its County, Texas at River Mile 24. One responsibilities with regard to the to initiating construction; bridge will be for commercial-cargo • Consult with the SHPO to avoid, accounting and collection of debts vehicular traffic and the other will be incurred by employees of the minimize, or mitigate adverse effects on for commercial-cargo rail traffic. The Department of State, employees of other any standing structures or bridges are intended to remove federal agencies, private U.S. citizens archaeological properties within the commercial tariff bound for the Port of and other individuals with the Area of Potential Effect eligible for Brownsville from downtown Department of State or the U.S. inclusion in the National Register of Brownsville. Eighteen Federal and state Historic Places; and Government. The information included • agencies reviewed the draft Consult with the SHPO to develop environmental assessment. They were: is directly related to the accounting and a plan for recovery of any archaeological the Immigration and Naturalization collection of these debts. data within the Area of Potential Effect Service, the United States Customs Any persons interested in that cannot be avoided or preserved in Service, the Food and Drug commenting on this new system of place. Administration, the Animal and Plant records may do so by submitting Dated: November 4, 1997. Health Inspection Service (of the comments in writing to Kenneth F. M. Elizabeth Swope, Department of Agriculture), the General Rossman, Acting Chief; Programs and Coordinator, U.S.-Mexico Border Affairs. Service Administration, the Policies Division, Office of Information [FR Doc. 97–30162 Filed 11–17–97; 8:45 am] International Boundary and Water Resources Management Programs and BILLING CODE 4710±45±M Commission—United States Section, the Services, Room 1239, Department of Department of Defense, the Department State, 2201 C Street, NW, Washington, of Transportation (Federal Highway DC 20520–1512. Administration and the United States DEPARTMENT OF STATE This system of records will be Coast Guard), the Federal Emergency effective 40 days from the date of Office of the Secretary Management Agency, the Department of the Interior (United States Fish and publication (December 29, 1997) unless [Public Notice No. 2629] Wildlife Service), the Department of we receive comments which will result in a contrary determination. New International Bridge, Brownsville, Commerce, the Environmental Texas: Issuance of Presidential Permit Protection Agency, the Interstate The new system description, Commerce Commission (now part of the ‘‘Records of the Domestic Accounts SUMMARY: The Department of State is Department of Transportation), the Receivable Tracking System, STATE– announcing the issuance to the Department of State, the Texas Parks 23’’ will read as set forth below. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61571

Dated: November 5, 1997. the ‘‘Routine Uses’’ paragraph of the State, 2201 C Street, NW, Washington, Patrick F. Kennedy, Prefatory Statement published in the DC 20520–1512. The individual must Assistant Secretary for the Bureau of Federal Register. specify that he/she wishes the Records Administration. of the Domestic Accounts Receivable POLICIES AND PRACTICES FOR STORING, Tracking System to be checked. At a STATE±23 RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: minimum, the individual should SYSTEM NAME: include: Name; date and place of birth; STORAGE: Records of the Domestic Accounts Social Security Number; current mailing Electronic media, hard copy. Receivable Tracking System. address and zip code; signature; a brief RETRIEVABILITY: description of the circumstances that SECURITY CLASSIFICATION: caused the creation of the record, Individual name, Social Security Unclassified and classified. (including the city and/or country); and Number. the approximate dates which give the SYSTEM LOCATION: SAFEGUARDS: individual cause to believe that the Department of State, Annex 15; 1800 All employees of the Department of Domestic Financial Services Directorate N. Kent Street; Arlington, VA 22209. State have undergone a thorough has records pertaining to him/her. CATEGORIES OF INDIVIDUALS COVERED BY THE background security investigation. RECORD ACCESS AND AMENDMENT PROCEDURES: SYSTEM: Access to the Department and its Individuals who wish to gain access Employees of the Department of State, annexes is controlled by security guards to or amend records pertaining to employees of other federal agencies, and admission is limited to those themselves should write to the Director; private U.S. citizens, and other individuals possessing a valid Office of Information Resources individuals who have incurred a debt to identification card or individuals under Management Programs and Services the Department of State or the U.S. proper escort. Access to Annex 15 has (address above). Government. Examples may include but security access controls (code entrances) are not limited to repatriation loans, and/or security alarm systems. All RECORD SOURCE CATEGORIES: emergency medical/dietary assistance records containing personal information These records contain information loans, employee medical services, salary are maintained in secured file cabinets obtained primarily from the individual advances, and travel advances. or in restricted areas, access to which is who is the subject of these records. limited to authorized personnel. Access AUTHORITY FOR MAINTENANCE OF THE SYSTEM: to computerized files is password- SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 22 U.S.C. 2651a (Organization of the protected and under the direct OF THE ACT: Department of State); 22 U.S.C. 3921 supervision of the system manager. The None. (Management of service); 5 U.S.C. 301 system manager has the capability of [FR Doc. 97–30161 Filed 11–17–97; 8:45 am] (Management of the Department of printing audit trails of access from the State); 31 U.S.C. 3701–3720A (Claims of computer media, thereby permitting BILLING CODE 4710±05±M the United States Government). regular and ad hoc monitoring of computer usage. CATEGORIES OF RECORDS IN THE SYSTEM: DEPARTMENT OF TRANSPORTATION Documentation and related RETENTION AND DISPOSAL: correspondence regarding the These records will be maintained Office of the Secretary incurrence of a debt, which may until they become inactive, at which Reports, Forms and Recordkeeping include, but are not limited to the time they will be retired or destroyed in Requirements, Agency Information following: Fiscal irregularity accounts, accordance with published record Collection Activity Under OMB Review installment and promissory agreements, schedules of the Department of State repatriation loan applications, and as approved by the National AGENCY: Office of the Secretary, (DOT). emergency medical/dietary assistance Archives and Records Administration. ACTION: Notice. loan applications, transmittals from the More specific information may be Office of Medical Services regarding obtained by writing to the Director; SUMMARY: In compliance with the employee medical services and Office of Information Resources Paperwork Reduction Act (44 U.S.C. insurance reimbursement to the Management Programs and Services, 3501 et seq.), this notice announces that Department, salary advances, travel Room 1239, Department of State; 2201 the Information Collection Requests advances, unused tickets, and other C Street, NW, Washington, DC 20520– (ICRs) abstracted below have been debtor accounts submitted to the 1512. forwarded to the Office of Management Department of State by other federal and Budget (OMB) for review and SYSTEM MANAGER AND ADDRESS: agencies for collection action. comment. The ICRs describes the nature Managing Director, Domestic ROUTINE USES OF RECORDS MAINTAINED IN THE of the information collection and their Financial Services Directorate, Room expected costs and burden hours. The SYSTEM, INCLUDING CATEGORIES OF USERS AND 6604D, Department of State, Annex 15, PURPOSES OF SUCH USES: Federal Register Notice with a 60-day 1800 N. Kent Street, Arlington, VA comment period soliciting comments on The information in this system is used 22209. for aging, reviewing, collecting and the following collections of information updating the individual accounts of NOTIFICATION PROCEDURE: was published in FR 62 46400, debts owed to the Department of State Individuals who have reason to September 2, 1997. or the U.S. Government, in accordance believe that the Domestic Financial DATES: Comments must be submitted on with the Debt Collection Improvement Services Directorate might have records or before December 18, 1997. Act of 1996. The principal user of this pertaining to themselves should write to FOR FURTHER INFORMATION CONTACT: information outside the Department of the Director; Office of Information David Mednick, Environmental State is the Department of Treasury for Resources Management Programs and Specialist, K–20, Bureau of administrative offset collection. Also see Services, Room 1239, Department of Transportation Statistics, 400 Seventh 61572 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

Street, SW., Washington, DC 20590, business information and trade secrets Issued in Washington, DC, on November (202) 366–8871; fax: (202) 366–3640; e- and prevent competitive harm; (3) 12, 1997. mail: [email protected]. private sector, academic, and public use Phillip A. Leach, of information in the reports; and (4) the Clearance Officer, United States Department SUPPLEMENTARY INFORMATION: public interest. BTS wishes to continue of Transportation. Bureau of Transportation Statistics to provide periodic information on the [FR Doc. 97–30224 Filed 11–17–97; 8:45 am] (BTS) health of the motor carrier of property BILLING CODE 4910±62±P 1. Title: Quarterly Report of Class I industry, its impact on the economy, Motor Carriers of Property. and industry changes that may affect OMB Control No: 2139–0002. national transportation policy. DEPARTMENT OF TRANSPORTATION Type of Request: Extension of a Annual Burden Hours Estimate: 22,500. Office of the Secretary currently approved information 3. Title: Annual Report of Class II collection. Motor Carriers of Property. Reports, Forms and Recordkeeping Form Number: BTS Form QFR. OMB Control No. 2139–0005. Requirements Agency Information Affected Public: Class I Motor Carriers Form No.: BTS Form M–2. Collection Activity Under OMB Review of Property. Type of Review: Extension of a AGENCY: Abstract: These data collection forms currently approved collection. Office of the Secretary, (DOT). were transferred from the Interstate Affected Public: Class II Motor ACTION: Notice and request for Commerce Commission (ICC) to the Carriers of Property. comments. Department of Transportation (DOT) on Abstract: These data collection forms SUMMARY: January 1, 1996, by the ICC Termination were transferred from the Interstate In compliance with the Act of 1995. The OMB Control numbers Commerce Commission (ICC) to the Paperwork Reduction Act of 1995 (44 while under the ICC were 3120–0002, Department of Transportation (DOT) on U.S.C. 3501 et seq.), this notice 3120–0032, and 3120–0138. Pursuant to January 1, 1996, by the ICC Termination announces that the Information 14 U.S.C. § 14123, DOT is required to Act of 1995. The OMB Control numbers Collection (ICR) abstracted below has collect annual financial reports from while under the ICC were 3120–0002, been forwarded to the Office of Class I and Class II motor carriers. DOT 3120–0032, and 3120–0138. Pursuant to Management and Budget (OMB) for may also require motor carriers to file 14 U.S.C. § 14123, DOT is required to review and comment. The ICR describes quarterly reports. In determining the collect annual financial reports from the nature of the information collection matters to be covered by the reports, Class I and Class II motor carriers. DOT and its expected burden. The Federal DOT must consider (1) safety needs; (2) may also require motor carriers to file Register Notice with a 60-day comment the need to preserve confidential quarterly reports. In determining the period soliciting comments on the business information and trade secrets matters to be covered by the reports, following collection of information was and prevent competitive harm; (3) DOT must consider (1) safety needs; (2) published in 62 FR 38339, July 17, 1997. private sector, academic, and public use the need to preserve confidential DATES: Comments must be submitted on of information in the reports; and (4) the business information and trade secrets or before December 18, 1997. public interest. BTS wishes to continue and prevent competitive harm; (3) FOR FURTHER INFORMATION CONTACT: to provide periodic information on the private sector, academic, and public use Judith Street, ABC–100; Federal health of the motor carrier of property of information in the reports; and (4) the Aviation Administration; 800 industry, its impact on the economy, public interest. BTS wishes to continue Independence Avenue, SW.; and industry changes that may affect to provide periodic information on the Washington, DC 20591; Telephone national transportation policy. health of the motor carrier of property number (202) 267–9895. Estimated Annual Burden: The total industry, its impact on the economy, SUPPLEMENTARY INFORMATION: estimated annual burden is 7,200 hours. and industry changes that may affect 2. Title: Annual Report of Class I national transportation policy. Federal Aviation Administration (FAA) Motor Carriers of Property. Annual Burden Hours Estimate: Title: Overflight Billing and OMB Control No. 2139–0004. 19,000. Collection Customer Information Form. Form No.: BTS Form M–1. ADDRESSES: Send comments to the OMB Control Number: 2120–0618. Type of Review: Extension of a Office of Information and Regulatory Type of Request: Extension of currently approved collection. Affairs, Office of Management and currently approved collection. Affected Public: Class I Motor Carriers Budget, 725–17th Street, NW., Affected Public: Approximately 600 of Property. Washington, DC 20503, Attention BTS business or other for-profit Abstract: These data collection forms Desk Officer. organizations. were transferred from the Interstate Comments are Invited on: whether the Abstract: The customer information Commerce Commission (ICC) to the proposed collection of information is form is needed in order to request and Department of Transportation (DOT) on necessary for the proper performance of obtain proper billing information from January 1, 1996, by the ICC Termination the functions of the Department, carriers as well as properly identify Tail Act of 1995. The OMB Control numbers including whether the information will numbers as commercial or general while under the ICC were 3120–0002, have practical utility; the accuracy of aviation in order that carriers are 3120–0032, and 3120–0138. Pursuant to the Department’s estimate of the burden charged the correct rate. 14 U.S.C. § 14123, DOT is required to of the proposed information collection; Annual Estimated Burden Hours: 50 collect annual financial reports from ways to enhance the quality, utility and hours. Class I and Class II motor carriers. DOT clarity of the information to be ADDRESSES: Send comments to the may also require motor carriers to file collected; and ways to minimize the Office of Information and Regulatory quarterly reports. In determining the burden of the collection of information Affairs, Office of Management and matters to be covered by the reports, on respondents, including the use of Budget, 725–17th Street, NW., DOT must consider (1) safety needs; (2) automated collection techniques or Washington, DC 20503, Attention FAA the need to preserve confidential other forms of information technology. Desk Officer. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61573

Comments are Invited on: Whether DEPARTMENT OF TRANSPORTATION ACTION: Notice of Order to Show Cause the proposed collection of information (Order 97–11–21); Dockets OST–97– is necessary for the proper performance Notice of Application for Certificates of 2936 and OST–97–2937. of the functions of the Department, Public Convenience and Necessity and including whether the information will Foreign Air Carrier Permits Filed Under SUMMARY: The Department of have practical utility; the accuracy of Subpart Q During the Week Ending Transportation is directing all interested the Department’s estimate of the burden November 7, 1997 persons to show cause why it should of the proposed information collection; not issue orders (1) finding WINAIR, The following Applications for Inc., fit, willing, and able, and (2) ways to enhance the quality, utility and Certificates of Public Convenience and clarity of the information to be awarding it a certificates to engage in Necessity and Foreign Air Carrier interstate and foreign charter air collected; and ways to minimize the Permits were filed under Subpart Q of burden of the collection of information transportation of persons, property, and the Department of Transportation’s mail. on respondents, including the use of Procedural Regulations (See 14 CFR DATES: Persons wishing to file automated collection techniques or 302.1701 et seq.). The due date for objections should do so no later than other forms of information technology. Answers, Conforming Applications, or November 19, 1997. Issued in Washington, D.C. on November Motions to Modify Scope are set forth 12, 1997. below for each application. Following ADDRESSES: Objections and answers to Phillip A. Leach, the Answer period DOT may process the objections should be filed in Dockets Clearance Officer, United States Department application by expedited procedures. OST–97–2936 and OST–97–2937 and of Transportation. Such procedures may consist of the addressed to Department of [FR Doc. 97–30225 Filed 11–17–97; 8:45 am] adoption of a show-cause order, a Transportation Dockets (SVC 121.30, Room PL–401), U.S. Department of BILLING CODE 4910±62±P tentative order, or in appropriate cases a final order without further Transportation, 400 Seventh Street, proceedings. SW., Washington, DC 20590 and should DEPARTMENT OF TRANSPORTATION Docket Number: OST–97–3089. be served upon the parties listed in Date Filed: November 5, 1997. Attachment A to the order. Aviation Proceedings, Agreements Due Date for Answers, Conforming FOR FURTHER INFORMATION CONTACT: Ms. Filed During the Week of November 7, Applications, or Motion to Modify Janet A. Davis, Air Carrier Fitness 1997 Scope: December 3, 1997. Division (X–56, Room 6401), U.S. Description: Application of Federal Department of Transportation, 400 The following Agreements were filed Express Corporation, pursuant to 49 Seventh Street, SW., Washington, DC with the Department of Transportation U.S.C. Section 41110 and Subpart Q of 20590, (202) 366–9721. under the provisions of 49 U.S.C. 412 the Regulations, applies for amendment Dated: November 12, 1997. and 414. Answers may be filed within of its existing certificate authority to Patrick V. Murphy, 21 days of date of filing. provide scheduled foreign air transportation of property and mail Deputy Assistant Secretary for Aviation and Docket Number: OST–97–3080 International Affairs. between points in the United States, on Date Filed: November 3, 1997 the one hand, and points in China, on [FR Doc. 97–30211 Filed 11–17–97; 8:45 am] Parties: Members of the International the other hand, as contained in Federal BILLING CODE 4910±62±P±M Air Transport Association Express’ certificate of public convenience and necessity for Route Subject: DEPARTMENT OF TRANSPORTATION 638. PTC23 EUR–JK 0017 Docket Number: OST–97–3076. Coast Guard Europe—Japan/Korea Expedited Date Filed: November 3, 1997. Resos Due Date for Answers, Conforming [CGD08±97±044] Applications, or Motion to Modify r–1—002s r–3—074i Houston/Galveston Navigation Safety Scope: December 1, 1997. r–2—071ee r–4—250j Description: Application of Servicios Advisory Committee Meeting Intended effective date: December 15, Aereos Profesionales S.A., pursuant to AGENCY: Coast Guard, DOT. 1997 49 U.S.C. Section 41110 and Subpart Q ACTION: Notice of full committee of the Regulations, applies for a foreign Docket Number: OST–97–3081 meeting. air carrier permit to provide service Date Filed: November 3, 1997 between the Dominican Republic and SUMMARY: The Houston/Galveston Parties: Members of the International the United States under a wet lease Navigation Safety Advisory Committee Air Transport Association agreement with a U.S. Carrier. (HOGANSAC) will hold a special Subject: Paulette V. Twine, meeting to discuss the proposal by the Documentary Services. Army Corps of Engineers (ACOE) to PTC12 Telex Mail Vote 897 [FR Doc. 97–30227 Filed 11–17–97; 8:45 am] dredge the Houston Ship Channel Portugal-Canada Fares r1–4 BILLING CODE 4910±62±P through Galveston Bay along the east r–1—044j r–3—070gg side only. As part of the approved, multi-year project to deepen and widen r–2—064j r–4—076kk DEPARTMENT OF TRANSPORTATION the Houston Ship Channel, this Intended effective date: January 1, proposed east-side-only dredging will 1998. Office of the Secretary occur between Bolivar Roads and Five Paulette V. Twine, Mile Cut. The meeting will be open to Documentary Services. Application of Winair, Inc. for Issuance the public. of New Certificate Authority [FR Doc. 97–30226 Filed 11–17–97; 8:45 am] DATES: The meeting of HOGANSAC will BILLING CODE 4910±62±P AGENCY: Office of the Secretary, (OCT). be held on Wednesday, November 19, 61574 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

1997 at 9:00 a.m. Members of the public Federal and nonfederal responsibilities b. Program measures are reasonably may present written or oral statements in Senate Report No. 96–52 (1980). On consistent with achieving the goals of at the meeting. April 2, 1997, the FAA determined that reducing existing noncompatible land ADDRESSES: The HOGANSAC meeting the noise exposure maps submitted by uses around the airport and preventing will be held in the conference room of the City of Naples under Part 150 were the introduction of additional the Houston Pilots Office, 8150 South in compliance with applicable noncompatible land uses; Loop East, Houston, Texas. requirements. On September 29, 1997, c. Program measures would not create FOR FURTHER INFORMATION CONTACT: the Administrator approved the Naples an undue burden on interstate or foreign Captain Kevin Eldridge, Executive Municipal Airport noise compatibility commerce, unjustly discriminate against Director of HOGANSAC, telephone program. Most of the program measures types or classes of aeronautical users, (713) 671–5199, or Commander Paula were fully approved. Four (4) measures violate the terms of airport grant Carroll, Executive Secretary of was partially approved and one (1) agreements, or intrude into areas HOGANSAC, telephone (713) 671–5164. measure was disapproved. preempted by the Federal government; and SUPPLEMENTARY INFORMATION: Notice of EFFECTIVE DATE: The effective date of the FAA’s approval of the Naples Municipal d. Program measures relating to the this meeting is given pursuant to the use of flight procedures can be Federal Advisory Committee Act, 5 Airport noise compatibility program is September 29, 1997. implemented within the period covered U.S.C. App. 2. by the program without derogating FOR FURTHER INFORMATION CONTACT: Agenda of the Meeting safety, adversely affecting the efficient Mr. Tommy J. Pickering, P.E., Federal use and management of the navigable Houston/Galveston Navigation Safety Aviation Administration, Orlando airspace and air traffic control systems, Advisory Committee (HOGANSAC). The Airports District Office, 5950 Hazeltine or adversely affecting other powers and tentative agenda includes the following: National Drive, Suite 400, Orlando, responsibilities of the Administrator (1) Opening remarks by the Executive Florida 32822, (407) 812–6331, prescribed by law. Director (CAPT Eldridge) and chairman Extension 29. Documents reflecting this Specific limitations with respect to (Tim Leitzell). FAA action may be reviewed at this FAA’s approval of an airport noise (2) Discussion on the ACOE proposal same location. compatibility program are delineated in and comments from the floor. SUPPLEMENTARY INFORMATION: This FAR Part 150, Section 150.5. Approval Procedural notice announces that the FAA has is not a determination concerning the given its overall approval to the noise All meetings are open to the public. acceptability of land uses under Federal, compatibility program for Naples state, or local law. Approval does not by Members of the public may make oral Municipal Airport, effective September itself constitute an FAA implementing presentations during the meetings. 29, 1997. action. A request for Federal action or Information on Services for the Under Section 104(a) of the Aviation approval to implement specific noise Handicapped Safety and Noise Abatement Act of 1979 compatibility measures may be (hereinafter referred to as ‘‘the Act’’), an For information on facilities or required, and an FAA decision on the airport operator who has previously services for the handicapped or to request may require an environmental submitted a noise exposure map may request special assistance at the assessment of the proposed action. submit to the FAA a noise compatibility meetings, contact the Executive Director Approval does not constitute a program which sets forth the measures as soon as possible. commitment by the FAA to financially taken or proposed by the airport assist in the implementation of the Dated: October 29, 1997. operator for the reduction of existing program nor a determination that all T.W. Josiah, noncompatible land uses and measures covered by the program are Rear Admiral, U.S. Coast Guard Commander, prevention of additional noncompatible eligible for grant-in-aid funding from the Eighth Coast Guard District. land uses within the area covered by the FAA. Where Federal funding is sought, [FR Doc. 97–30366 Filed 11–17–97; 8:45 am] noise exposure maps. The Act requires requests for project grants must be BILLING CODE 4910±14±M such programs to be developed in submitted to the FAA Airports District consultation with interested and Office in Orlando, Florida. affected parties including local The City of Naples submitted to the DEPARTMENT OF TRANSPORTATION communities, government agencies, FAA on March 24, 1997, updated noise airport users, and FAA personnel. exposure maps, descriptions, and other Federal Aviation Administration Each airport noise compatibility documentation produced during the program developed in accordance with noise compatibility planning study Approval of Noise Compatibility Federal Aviation Regulations (FAR) Part conducted from April 3, 1995 through Program: Naples Municipal Airport, 150 is a local program, not a Federal March 21, 1997. The Naples Municipal Naples, FL program. The FAA does not substitute Airport noise exposure maps were AGENCY: Federal Aviation its judgment for that of the airport determined by FAA to be in compliance Administration, DOT. proprietor with respect to which with applicable requirements on April ACTION: Notice. measure should be recommended for 2, 1997. Notice of this determination action. The FAA’s approval or was published in the Federal Register. SUMMARY: The Federal Aviation disapproval of FAR Part 150 program The Naples Municipal Airport study Administration (FAA) announces its recommendations is measured contains a proposed noise compatibility findings on the noise compatibility according to the standards expressed in program comprised of actions designed program submitted by the City of Naples Part 150 and the Act, and is limited to for phased implementation by airport under the provisions of Title I of the the following determinations: management and adjacent jurisdictions Aviation Safety and Noise Abatement a. The noise compatibility program from the date of study completion to the Act of 1979 (Public Law 96–193) and 14 was developed in accordance with the year 2002. It was requested that FAA CFR Part 150. These findings are made provisions and procedures of FAR Part evaluate and approve this material as a in recognition of the description of 150; noise compatibility program as Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61575 described in Section 104(b) of the Act. be deemed to be an approval of such overall program, therefore, was The FAA began its review of the program. approved by the Administrator effective program on April 2, 1997, and was The submitted program contained September 29, 1997. required by a provision of the Act to fifteen (15) proposal actions for noise Outright approval was granted for ten approve or disapprove the program mitigation on and off the airport. The (10) of the fifteen (15) specific program within 180-days (other than the use of FAA completed its review and measures. Four (4) measures were new flight procedures for noise control). determined that the procedural and partially approved and one (1) measure Failure to approve or disapprove such substantive requirements of the Act and was disapproved. The approval action program within the 180-day period shall FAR Part 150 have been satisfied. The was for the following program controls:

Noise abatement measure Description NCP pages

OPERATIONAL MEASURES

7.2.1 Preferential Runway ...... It is recommended that the existing preferential runway measure to maximize Pages 3±3 to 3±8 and 7±1; the use of Runway 4 for departures and Runway 22 for arrivals for aircraft Tables 3±1 to 3±3, 3±16, 7± with departure noise levels exceeding 76.4 EPNdB to continued in order to 1 and 7±2; and Figures 3±1 take advantage of the low sensitivity to noise of the commercial/industrial and 3±2. development located northeast of the airport. Implementation is based on pilot education and preferential runway assignment by the air traffic control- lers when the tower is open. FAA Action: Approved. 7.2.2 Flight Procedures ...... This measure recommends elimination of the existing restriction to initial Pages 3±12, 3±13, and 7±3; climb altitudes on departure from Naples Municipal Airport (APF) to 2,000′ Figure 3±4; and Tables 3±6, above sea level (ASL). FAA Action: Disapproved. This measure will not 3±16 and 7±2. have a significant noise reduction. In addition, it could interfere with air traf- fic safety and efficiency because the altitude limit is initially necessary to ensure separation from other traffic in the area and is removed by the con- troller when the aircraft is radar identified and separation is assured. 7.2.3 Flight Paths ...... Revised Visual Flight Rules (VFR) noise abatement departure flight paths Pages 3±16 to 3±31, 7±3 and have been proposed for each runway at the airport to reduce noise by 7±4; Tables 3±8 to 3±11, 3± moving traffic away from developed areas. 16 and 7±2; and Figures 3± Runway 4Ðearly left turn. Aircraft would fly just to the east of Airport-Pulling 5 to 315. Road and would avoid the residential communities in the area. Runway 22Ðright turn. Aircraft would move away from the majority of the residential dwellings which are located southwest of the airport. Runway 13Ðearly left turn. This track turns aircraft just north of Davis Boule- vard, away from the residential development south of Davis. Runway 31Ðthe existing departure, with a right turn, would impact the least number of people due to the fact that the aircraft do not overfly the coast- line with its density packed residential units. The FAA must also develop procedures which allow the pilots to fly these preferred flight paths. This is typically accomplished through SIDs or STARs, which are departure or arrival paths defined by radio navigation aids. Current systems such as the VOR, located on and off the airport, al- ready provide this capability, but newer technology has even greater prom- ise. Two newer systems, the Global Positioning System (GPS) and Trans- ponder Landin System (TLS) could be used to define complex curved ap- proach or departure paths which could be used to keep aircraft away from densely populated residential areas. The NAA has applied for state grants to install the TLS system by the end of the fiscal year 1997. FAA Action: Approved in part as a voluntary measure. The recommended noise abate- ment departure flight paths are approved as voluntary. The measure is dis- approved in part, for purposes of Part 150, for that portion of the proposal which recommends use of the GPS and TLS to define complex curved ap- proach and departure paths, pending submission of additional information describing the noise benefits of these techniques when technology be- comes available. 7.2.4 Helicopters ...... It is recommended that the existing noise abatement measures for heli- Pages 3±31, 3±32 and 7±4; copters be continued including modification of take-off areas to implement and Tables 3±7, 3±16, 7±1 common centralized departure areas and education of helicopter pilots. and 7±2. Helicopter pilots have agreed to depart from midfield, rather than runway ends, in order to obtain as much altitude as possible before departing the airport and helicopters will follow the fixed wing routes on the crosswind runway. The Naples Airport Authority (NAA) will maintain contact with pilot operators to modify these procedures, if necessary, and work out additional issues as they arise. FAA Action: Approved as a voluntary measure. 61576 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

Noise abatement measure Description NCP pages

7.2.5 Use Restrictions ...... This following measures were adopted by ordinance effective May 15, 1996, Pages 3±32 to 3±42 and 7±4; and are proposed for FAA approval in this Part 150 document. The meas- Tables 3±12 to 3±14, 3±16 ures include: a. nighttime elimination of Stage 1 aircraft use of the airport; and 7±4; and Figures 3±16 b. voluntary curfew of Stage 2 and 3 jets during nighttime hours; c. future and 3±17); supplemental in- nighttime elimination of Stage 2 aircraft after the beginning of the year formation submitted from 2000, which is the target for the federal phase-out of Stage 2 aircraft NAA by letter dated July 31, weighing greater than 75,000 pounds. These restrictions would not apply to 1997. emergency flights, medical or government flights, or other flights which are for the benefit of public health, safety, and welfare. A Part 161 study may be appropriate or required. FAA Action: a. Approved, with respect to the Stage 1 ban. The airport operator has submitted supplemental information by letter dated July 31, 1997, which has been made part of this ROA, to support that Stage 1 operators have been successfully able to comply with this measure. The NCP states that this measure would reduce the popu- lation impacted within the DNL 65dB noise contour from 158 to 0 for the 5- year time frame. This measure has been in effect since May 1996 with no apparent concern by affected operators regarding undue burden on inter- state or foreign commerce (see supplemental information submitted by air- port operator). However, should impacts on air commerce occur which can- not be foreseen at the time of this approval, the FAA will reevaluate this determination in view of new factual information to ascertain whether it still meets the standards for Part 150 approcal or whether approval should be withdrawn in accordance with section 105.35(d)(6). b. Disapproved for pur- poses of Part 150 pending submission of sufficient information to make an informed analysis with respect to the voluntary curfew of Stage 2 and Stage 3 jets during nighttime hours. Although noise benefits of the vol- untary curfew may be ``intuitive'', the NCP does not provide noise benefits for this measure. Truly voluntary operational measures affecting Stage 2 and Stage 3 aircraft are not subject to 14 CFR Part 161. However, any changes to the method of implementation which may affect whether this measure is voluntary would be subject to applicable procedures contained in 14 CFR Part 161. c. Disapproved with regard to the mandatory Stage 2 phaseout to begin the year 2000, pending satisfactory compliance with 14 CFR Part 161, and pending submittal of additional information to make an informed analysis. The Federal phaseout applies to aircraft weighing great- er than 75,000 pounds. The NCP states that ``Significantly less than 1 per- cent of all corporate jet operations at APF are in aircraft with maximum gross takeoff weights over 75,000 pounds.'' Part 161 requires separate analysis of restrictions on Stage 2 aircraft weighing less than 75,000 pounds; in addition, the burden on commerce has not been presented nor are the noise impacts versus the benefits of this measure presented. 7.2.6 Ground Noise ...... It is recommended that the existing ban on nighttime (between 10:00 p.m. Pages 3±43 to±3 45; Tables and 7:00 a.m.) maintenance runups, effective May 15, 1996, and the des- 3±16, 7±1 and 7±2; and Fig- ignated locations and orientations recommended for maintenance and pre- ures 3±18 and 3±17. flight runups for turboprop aircraft be continued. Operators may request permission from airport management to conduct a maintenance runup dur- ing the restricted hours under exceptional circumstances. For example, an operator may require the aircraft for an early morning departure, which would have to incur a substantial delay if the runup could not be conducted until after 7:00 a.m. For such approval, management may set limits on ex- actly when and where the runup would be conducted, and limit duration of the runup and the power settings used. Maintenance or pre-flight runups for turboprop aircraft should be conducted at one of the locations shown on Figure 3±19 in the NCP document and, as wind conditions permit, should be oriented to the north or northeast. This will abate ground noise levels in the community, especially at times when background noise levels are very low. FAA Action: Approved. FAA approval is given in consideration of the exceptions available to aircraft operators. This measure has been in effect since May 1995. New information which may become available to the FAA which demonstrates that this measure could impact total number or hours of Stage 2 or Stage 3 aircraft operations may make this measure subject to applicable requirements of 14 CFR Part 161. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61577

Noise abatement measure Description NCP pages

LAND USE MEASURES

7.3.1 Land Acquisition ...... This measure recommends land acquisition in Rock Creek Campground and Pages 5±2 to 5±5 and 7±5; residential or vacant uses in the Naples Villas area to develop a compatible Tables 5±2 and 7±3; and buffer when no other land use strategy is appropriate. FAA Action: Ap- Figures 4±2 and 5±1. proved under 14 CFR Part 150 with respect to noncompatible land uses within the noise contours of the official noise exposure maps as provided in the Aviation Safety and Noise Abatement Act and 14 CFR Part 150. Some of these areas may be outside of the noise contours, in which case they would be outside the parameters of this Part 150 approval. However, the FAA would encourage local government to exercise its prerogative to es- tablish noise buffers that meet locally determined needs. Vacant land is deemed compatible under 14 CFR Part 150 unless it is demonstrated that there is imminent danger of it being developed noncompatibly. 7.3.2 Easements ...... This measure recommends the purchase of easements for homes in the Pages 5±7, 5±8 and 7±5; Ta- Naples Villas area and the consideration of easements for Rock Creek bles 5±2 and 7±3; and Fig- Campground to provide an adequate buffer of compatible uses around the ures 4±2 and 5±1. airport. FAA Action: Approved under 14 CFR Part 150 with respect to non- compatible land uses within the noise contours of the official noise expo- sure maps as provided in the Aviation Safety and Noise Abatement Act and 14 CFR Part 150. Some of these areas may be outside of the noise contours, in which case they would be outside the parameters of this Part 150 approval. However, the FAA would encourage local government to ex- ercise its prerogative to establish noise buffers that meet locally determined needs. Vacant land is deemed compatible under 14 CFR Part 150 unless it is demonstrated that there is imminent danger of it being developed non- compatibly. 7.3.3 Zoning/Land Use Plan- The NAA has adopted the DNL 65dB noise contour as the threshold of in- Pages 5±10 to 5±12 and 7±5; ning. compatibility for residential areas, but for zoning and land use planning this Tables 5±2 and 7±3; and measure recommends that the area within the DNL 60dB noise contour Figure 5±2. apply the same standard as Part 150 recommends for the DNL 65dB noise contour as a buffer to ensure that residential and noise sensitive uses are not developed too close to the Airport. FAA Action: Approved. This is within the authority of the local land use planning jurisdictions. 7.3.4 Fair Disclosure ...... It is recommended that a Fair Disclosure Program be developed to educate Pages 5±13, 5±14 and 7±5; potential home buyers of the airport and its flight paths through voluntary and Tables 5±2 and 7±3. cooperation from realtors, lenders, property managers, and local govern- ment staff so all potential residents who would be located along the flight paths for the runways would be aware of their location. This measure in- cludes the development, publication and distribution of information regard- ing airport noise and operations. FAA Action: Approved.

CONTINUING PROGRAMS MEASURES

7.4.1 Noise Abatement Officer It is recommended that the Noise Abatement Officer position currently being Pages 2±3, 6±1 and 7±6; and filed by staff with additional responsibilities at the Airport be continued. This Table 7±4. person's responsibilities include oversight of the implementation of all noise abatement/land use compatibility programs as well as investigation of noise complaints FAA Action: Approved. 7.4.2 Noise Compatibility Ad- This measure recommends the implementation of a noise compatibility advi- Pages 6±1 and 7±6; and Table visory Committee. sory committee with membership consisting of representatives of airport 7±4. users and tenants, local officials, area businesses, area residents, and Air- port management. This will be an advisory committee to provide feedback regarding noise issues and represent all interests on and around the airport FAA Action: Approved. 7.4.3 Noise Monitoring Pro- This measure recommends the implementation of a noise monitoring program Pages 6±2 and 7±6; and Table gram. and the purchase (or rental) of a portable noise monitor and associated 7±4. computer software and hardware. Residents surrounding the Airport can assist the noise abatement officer by providing sites for noise monitoring FAA Action: Approved. 7.4.4 Public Information Pro- The development and implementation of a public information program is rec- Pages 6±2 and 7±6; and Table gram. ommended to provide the public with information which makes them aware 7±4. of the efforts of the Airport management to address their concerns. One measure which would continue is the newsletter which is routinely pub- lished by the NAA. FAA Action: Approved. 7.4.5 NCP Review, Evalua- This measure recommends that the Noise Compatibility Program be reviewed Pages 6±2 and 7±6; and Table tion, and Revision. and evaluated on a regular basis to measure performance against goals. 7±4. The Part 150 will be updated every five years or sooner if applicable. FAA Action: Approved. 61578 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

These determinations are set forth in draft EA document, make the draft EA arrangements in advance to present oral detail in a Record of Approval endorsed document available to the public and statements at the meeting or may by the Administrator on September 29, governmental agencies for comment, present written statements to the 1997. The Record of Approval, as well offer the opportunity for a public committee at any time. In addition, sign as other evaluation materials and the hearing and submit the EA document to and oral interpretation can be made documents comprising the submittal, the FAA for the appropriate available at the meeting, as well as an are available for review at the FAA environmental decision. assistive listening device, if requested office listed above and at the Questions may be directed to the 10 calendar days before the meeting. administrative office of the City of individual named above under the Arrangements may be made by Naples. heading, FOR FURTHER INFORMATION contacting the person listed under the Issued in Orlando, Florida on October 22, CONTACT. heading FOR FURTHER INFORMATION 1997. Issued in Orlando, Florida, November 7, CONTACT. Charles E. Blair, 1997. Issued in Washington, DC on November 10, Manager, Orlando Airports District Office. W. Dean Stringer, 1997. [FR Doc. 97–30228 Filed 11–17–97; 8:45 am] Acting Manager, Orlando Airports District Reginald C. Matthews, BILLING CODE 4910±13±M Office. Assistant Executive Director for Air Traffic [FR Doc. 97–30214 Filed 11–17–97; 8:45 am] Issues, Aviation Rulemaking Advisory BILLING CODE 4910±13±M Committee. DEPARTMENT OF TRANSPORTATION [FR Doc. 97–30213 Filed 11–17–97; 8:45 am] BILLING CODE 4910±13±M Federal Aviation Administration DEPARTMENT OF TRANSPORTATION

Termination of Environmental Impact Federal Aviation Administration DEPARTMENT OF TRANSPORTATION Statement; Palm Beach International Airport, West Palm Beach, FL Aviation Rulemaking Advisory Federal Aviation Administration Committee; Meeting AGENCY: Federal Aviation Notice of Intent To Rule on Application Administration, DOT. AGENCY: Federal Aviation #97±02±I±00±SPW To Impose a ACTION: Notice of termination. Administration (FAA), DOT. Passenger Facility Charge (PFC) at SUMMARY: The Federal Aviation ACTION: Notice of meeting. Spencer Municipal Airport, Spencer, IA Administration (FAA) is issuing this SUMMARY: The FAA is issuing this notice AGENCY: Federal Aviation notice to advertise to the public that the to advise the public of a meeting of the Administration, (FAA), DOT. environmental impact statement for the Federal Aviation Administration ACTION: Notice of intent to rule on proposed extension of Runway 9L–27R Aviation Rulemaking Advisory application. to 10,000 feet at Palm Beach Committee to discuss air traffic issues. International Airport has been SUMMARY: The FAA proposes to rule and terminated. The FAA will continue the DATES: The meeting will be held on invites public comment on the environmental process for the proposed December 8, 1997, at 10:00 a.m. application to impose a PFC at Spencer extension of Runway 9L–27R to 10,000 ADDRESSES: The meeting will be held at Municipal Airport under the provisions feet as an environmental assessment the Air Traffic Control Association of the Aviation Safety and Capacity (EA). This is consistent with the Headquarters, 2300 Clarendon Blvd., Expansion Act of 1990 (Title IX of the previous Notice of Intent which was Suite 711, Arlington, VA. Omnibus Budget Reconciliation Act of published in the Federal Register on FOR FURTHER INFORMATION CONTACT: Ms. 1990) (Public Law 101–508) and Part March 12, 1996, as well as within the Heather Thorson, Transportation 158 of the Federal Aviation Regulations information presented during scoping. Regulations Analyst, Airmen and (14 CFR Part 158). FOR FURTHER INFORMATION CONTACT: Mr. Airspace Rules Division, Office of DATES: Comments must be received on Bart Vernace, Federal Aviation Rulemaking (ARM–107), 800 or before December 18, 1997. Administration, Orlando Airports Independence Avenue, SW, ADDRESSES: Comments on this District Office, 5950 Hazeltine National Washington, DC 20591. Telephone: application may be mailed or delivered Drive, Suite 400, Orlando, Florida (202) 267–7470; FAX: (202) 267–5075. in triplicate to the FAA at the following 32822, (407) 812–6331, extension 27. SUPPLEMENTARY INFORMATION: Pursuant address: Federal Aviation SUPPLEMENTARY INFORMATION: This to section 10(a)(2) of the Federal Administration, Central Region, notice announces that the FAA will Advisory Committee Act (Pub. L. 92– Airports Division, 601 E. 12th Street, terminate the Environmental Impact 463; 5 U.S.C. App. II), notice is hereby Kansas City, MO 64106. Statement and continue the given of a meeting of the Aviation In addition, one copy of any environmental process as an Rulemaking Advisory Committee. This comments submitted to the FAA must Environmental Assessment for a meeting will be held on December 8, be mailed or delivered to Ms. Donna M. proposed project to lengthen Runway 1997, at 10:00 a.m., at the Air Traffic Fisher, City Clerk, Spencer, Iowa, at the 9L–27R at the Palm Beach International Control Association Headquarters, 2300 following address: City of Spencer, 418 Airport (PBI) to 10,000 feet for air Clarendon Blvd., Suite 711, Arlington, 2nd Avenue West, Spencer, Iowa 51301. carrier aircraft use. The decision to VA. Air carriers and foreign air carriers terminate the EIS and continue the The agenda for this meeting will may submit copies of written comments environmental process as an EA was include an update and discussion on previously provided to the City of based on the preliminary environmental Special Visual Flight Rules (VFR) Spencer under section 158.23 of Part analysis which depicted no significant tasking. 158. impact in any environmental impact Attendance is open to the interested FOR FURTHER INFORMATION CONTACT: category. The Palm Beach County public but may be limited to the space Lorna K. Sandridge, PFC Program Department of Airports will prepare the available. The public must make Manager, FAA, Central Region, 601 E. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61579

12th Street, Kansas City, MO 64106, (RTA) intend to prepare an Auditorium, 4424 South 188th Street, (816) 426–4730. The application may be Environmental Impact Statement (EIS) SeaTac, WA reviewed in person at this same in accordance with the National A scoping meeting for governmental location. Environmental Policy Act (NEPA). The agencies will be held on Monday, SUPPLEMENTARY INFORMATION: The FAA RTA will also ensure that the EIS December 8, 1997, between 1:00 p.m. proposes to rule and invites public satisfies the requirements of the and 4:00 p.m. at the RTA, 1100 2nd comment on the application to impose Washington State Environmental Policy Avenue, Suite 500, Seattle, WA 98101– a PFC at the Spencer Municipal Airport Act (SEPA). The FTA will be the NEPA 3423. All the locations for the scoping under the provisions of the Aviation lead agency. The RTA will be the SEPA meetings are accessible to people with Safety and Capacity Expansion Act of lead agency. Corridor alternatives were disabilities. People with special needs 1990 (Title IX of the Omnibus Budget evaluated in a SEPA plan-level EIS should contact the RTA at the address Reconciliation Act of 1990) (Public Law (1993) and in a Major Investment Study below or by calling (206) 684–6776. A 101–508) and Part 158 of the Federal (1997). TDD number is also available: (206) Aviation Regulations (14 CFR Part 158). The EIS will evaluate the Central 684–1394. On November 4, 1997, the FAA Light Rail Transit (LRT) Project and Scoping meetings will be held in an determined that the application to alignment alternatives in the 23-mile ‘‘open-house’’ format. Project impose a PFC submitted by the City of long corridor between North Seattle representatives will be available to Spencer, Iowa, was substantially (Northgate) and SeaTac, Washington. discuss the project throughout the entire complete within the requirements of The proposed Central LRT Project is meeting. Informational displays and section 158.25 of Part 158. The FAA intended to provide light rail transit written materials will also be available will approve or disapprove the service between key activity centers throughout the entire meeting. In application, in whole or in part, no later along the corridor, including the addition to written comments, which than February 14, 1998. region’s three largest employment may be made at the meeting or as The following is a brief overview of centers, many major institutions, dense described below, a stenographer will be the application. residential neighborhoods, and regional available at the meeting to record oral Level of the proposed PFC: $3.00. destinations, such as Sea-Tac comments. Proposed charge effective date: International Airport. ADDRESSES: Written comments on the January, 2003. The study area also includes several project scope should be sent to: Perry Proposed charge expiration date: sites for a proposed LRT vehicle storage Weinberg, Environmental Compliance September, 2011. and maintenance facility. In addition, Manager, Regional Transit Authority, Total estimated PFC revenue: the EIS will evaluate the no-build 1100 Second Avenue, Suite 500, Seattle, $128,500. alternative and any new, reasonable WA 98101–3423; fax number: (206) Brief description of proposed project: alternatives within the corridor 689–3525. Purchase snow removal equipment and generated through the scoping process. FOR FURTHER INFORMATION CONTACT: Mr. construct equipment storage building. Scoping will be accomplished F. William Fort, Transportation Program Any person may inspect the through correspondence with interested Specialist, Federal Transit application in person at the FAA office persons, organizations, and federal, Administration, Region X, 915 Second listed above under FOR FURTHER state, regional, and local agencies. Six Avenue, Room 3142, Seattle, WA 98174; INFORMATION CONTACT. public scoping meetings will be held, as phone number: (206) 220–4461. In addition, any person may, upon well as one inter-agency scoping request, inspect the application, notice meeting. See DATES below for details. SUPPLEMENTARY INFORMATION: and other documents germane to the DATES: Comment Due Date: Written I. Scoping application in person at the City of comments on the scope of alternatives The FTA and the RTA invite Spencer, Iowa. and impacts to be considered should be interested individuals, organizations, Issued in Kansas City, Missouri on sent to the RTA by January 5, 1998. See and federal, state, regional and local November 5, 1997. ADDRESSES below. Oral comments agencies to participate in defining the George A. Hendon, should be made at one of the six public alternatives within the corridor to be Manager, Airports Division, Central Region. scoping meetings scheduled below. evaluated in the EIS and identifying any [FR Doc. 97–30229 Filed 11–17–97; 8:45 am] Scoping Meetings: Public scoping significant, social, economic, or meetings will be held on the following BILLING CODE 4910±13±M environmental issues related to the days and locations: alternatives. An Environmental Scoping Tuesday, December 9, 1997, from 4:00 p.m. Information Report describing the DEPARTMENT OF TRANSPORTATION to 9:00 p.m., Kane Hall, Walker Ames project, the proposed alternatives, the Room, University of Washington Campus, impact areas to be evaluated, the public Federal Transit Administration Seattle, WA involvement program and the Wednesday, December 10, 1997, from 4:00 preliminary project schedule has been Environmental Impact Statement on p.m. to 9:00 p.m., Union Station, 401 S. prepared. You may request a copy of the the Proposed Central Light Rail Transit Jackson Street, Seattle, WA report by contacting the person Line Between North Seattle (Northgate) Thursday, December 11, 1997, from 4:00 p.m. identified above in the section FOR and SeaTac, WA to 9:00 p.m., Rainier Community Center, 4600 36th Avenue South, Seattle, WA FURTHER INFORMATION CONTACT. Scoping AGENCY: Federal Transit Administration, Saturday, December 13, 1997, from 9:00 a.m. comments may be made orally at the DOT. to 12:00 noon, Seattle Central Community public scoping meetings or in writing. College, 1701 Broadway, Room 1110, See DATES above for locations and times, ACTION: Notice of intent to prepare an Seattle, WA and see the ADDRESSES section above for environmental impact statement. Saturday, December 13, 1997, from 1:30 p.m. to 5:00 p.m., Foster High School Commons, written comments. During scoping, SUMMARY: The Federal Transit 4242 S. 144th Street, Tukwila, WA comments should focus on identifying Administration (FTA) and the Central Wednesday, December 17, 1997, from 4:00 specific social, economic, or Puget Sound Regional Transit Authority p.m. to 9:00 p.m., Tyee High School environmental impacts to be evaluated 61580 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices and suggesting alternatives that are Boeing Access Road. The second facility will be evaluated in the City of more cost-effective or have fewer alignment would travel east from State Tukwila, near Boeing Access Road and environmental impacts while achieving Route 99 along State Route 518 and East Marginal Way South, and in similar transit objectives. continue east past Southcenter Mall. Southeast Seattle, between Boeing Scoping materials will be available at The line would proceed north along Access Road and Henderson Street. the meeting or in advance of the Interurban Avenue to I–5 at Boeing The No-Build alternative, which meeting by contacting the RTA at (206) Access Road. 684–6776. If you wish to be placed on In the southeast Seattle (Rainier involves no change to transportation the mailing list to receive further Valley) segment, two alignment services or facilities in the corridor information as the project proceeds, alternatives will be considered. One beyond those currently programmed, please contact the following at the RTA: follows Martin Luther King, Jr. Way will also be evaluated in the EIS. Ron Endlich, LRT North Corridor from Henderson Street north to IV. Probable Effects/Potential Impacts McClellan Street. The other follows Manager (206) 684–1634 or Jonathan for Analysis Jackson, LRT South Corridor Manager Rainier Avenue South between the same (206) 684–6773. locations. Various combinations of these The FTA and RTA plan to evaluate in alignments may also be considered. the EIS all significant, social, economic, II. Description of Study Area and Between South McClellan Street and Project Need and environmental impacts of the the Downtown Seattle Transit Tunnel, alternatives. Environmental and social The Central LRT Project study area is two general alignments will be impacts proposed for analysis include a north-south corridor, approximately evaluated. One alignment would run land use and neighborhood impacts, 23 miles long between the Northgate north along Rainier Avenue past I–90, area in north Seattle and SeaTac, before heading west to connect with the traffic and parking impacts near Washington. The Central LRT Project existing International District tunnel stations, traffic circulation, visual will include a partially grade-separated, station. The second alignment would impacts, health and safety impacts, double-track light rail line on new right- explore the feasibility of tunneling impacts on cultural and archaeological of-way. Conventional LRT low-floor under Beacon Hill, beginning just west resources, impacts on wetland and vehicles are expected to be used. of the intersection of Rainier Avenue parkland areas, and noise and vibration Service is expected to operate every 6 and Martin Luther King, Jr. Way. The impacts. The impacts on natural areas, minutes in peak periods and every 8 route would connect with the existing rare and endangered species, and earth, minutes in off-peak times, 18 to 20 E–3 busway at South Lander Street and air and water quality, will also be hours a day, seven days a week. would travel north to the International covered. The impacts will be evaluated A total of 21 LRT stations are District tunnel station. both for the construction period and for proposed to serve the major transit From the north end of the Downtown the long-term period of operations. markets of Northgate, the University Seattle Transit Tunnel to the University Reasonable measures to mitigate adverse District, Capitol Hill, First Hill, District, two alignments will be impacts will be identified. downtown Seattle, Southeast Seattle, evaluated. One alignment is a tunnel and the cities of Tukwila and SeaTac. beginning under I–5 east of the existing V. FTA Procedures Light rail service will operate through Convention Place tunnel station. The The Environmental Impact Statement downtown Seattle in the existing transit tunnel would loop south to serve First (EIS) and the Preliminary Engineering tunnel. Bus transfer facilities will be Hill, then continue north under provided at each LRT station. Transfers Broadway Avenue and 10th Avenue (PE) for the Central Light Rail Transit to planned commuter rail service will East. The tunnel would continue under Project will be conducted take place at several selected stations. Portage Bay and 15th Avenue Northeast simultaneously. The locally preferred in the University District. Another light rail transit mode and its general III. Alternatives alignment would run north from the alignment were selected previously on The alternatives proposed for Downtown Seattle Transit Tunnel at the the basis of the evaluation in the Major evaluation include a variety of Westlake Station underground through Investment Study (1997). The EIS/PE alignment alternatives for different the Denny Regrade and the Seattle process will assess the social, economic segments of the corridor. In addition, Center areas. The route would continue and environmental impacts of various track profiles will be evaluated northeast through south Lake Union and alternative specific alignments, station throughout the study area. Profiles the Eastlake/Fairview area, adjacent to locations and designs, and maintenance include tunnel, surface and aerial I–5. The route would leave the tunnel facility locations and designs to sections. north of SR–520 and would cross the minimize and mitigate adverse impacts. Beginning from the south, in the Ship Canal on a new high-level bridge A draft EIS will be published and made SeaTac segment two route alignment parallel to the existing I–5 bridge. The available for public and agency review alternatives will be evaluated. One route route would continue east along and comment, and public hearings will follows International Blvd. (State Route Campus Parkway and reenter a tunnel be held. On the basis of the draft EIS 99) from S. 200th Street, north past Sea- under the University District. and the comments received, the RTA Tac Airport to the intersection with SR– In the University District to Northgate 518. The other alignment starts from the segment, several alternative alignments will refine the project design and same location at the south end of the will be considered for the segment complete preliminary engineering and City and follows 28th Street, using Sea- between Ravenna Boulevard and N.E. the final EIS. Tac Airport property traveling north to 75th Street. These alternatives include Issued: November 12, 1997. connect with the SR–99 route. alignments along 8th Avenue N.E., Helen M. Knoll, In the Tukwila segment, two Roosevelt Way, and 12th Avenue N.E. Regional Administrator. alternative alignments will be evaluated. The proposed Central LRT Project One alignment would use Pacific also includes construction of an LRT [FR Doc. 97–30212 Filed 11–17–97; 8:45 am] Highway South (State Route 99) vehicle storage and maintenance BILLING CODE 4910±57±P between the SeaTac city limits and facility. Alternative locations for the Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61581

DEPARTMENT OF TRANSPORTATION the applications described herein. Each addressed stamped postcard showing mode of transportation for which a the exemption application number. Research and Special Programs particular exemption is requested is FOR FURTHER INFORMATION CONTACT: Administration indicated by a number in the ‘‘Nature of Application’’ portion of the table below Copies of the applications (See Docket Office of Hazardous Materials Safety; as follows: 1—Motor vehicle, 2—Rail Number) are available for inspection at Notice of Applications for Exemptions freight, 3—Cargo vessel, 4—Cargo the New Docket Management Facility, PL–401, at the U.S. Department of AGENCY: Research and Special Programs aircraft only, 5—Passenger-carrying aircraft. Transportation, Nassif Building, 400 7th Administration, DOT. Street, SW. Washington, DC 20590. DATES: Comments must be received on ACTION: List of applicants for This notice of receipt of applications exemptions. or before December 18, 1997. ADDRESS COMMENTS TO: Dockets Unit, for new exemptions is published in SUMMARY: In accordance with the Research and Special Programs, accordance with Part 107 of the procedures governing the application Administration, Room 8421, DHM–30, Hazardous Materials Transportations for, and the processing of, exemptions U.S. Department of Transportation, Act (49 U.S.C. 1806; 49 CFR 1.53(e)). from the Department of Transportation’s Washington, DC 20590. Issued in Washington, DC, on November Hazardous Materials Regulations (49 Comments should refer to the 12, 1997. CFR Part 107, Subpart B), notice is application number and be submitted in J. Suzanne Hedgepeth, hereby given that the Office of triplicate. If confirmation of receipt of Director, Office of Hazardous Materials, Hazardous Materials Safety has received comments is desired, include a self- Exemptions and Approvals.

NEW EXEMPTIONS

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

11905±N ...... RSPA±97±2661 Russell-Stanley Corp., Red Bank, 49 CFR 178.601(a)(b)(c) ...... To authorize the transportation in NJ. commerce of certain steel and plastic UN drums that may not comply with the design perform- ance stack test. (Modes 1, 2, 3.) 11980±N ...... RSPA±97±3093 American Type Culture Collection 49 CFR 173.196, 178.609 ...... To authorize the transportation in (ATCC), Rockville, MD. commerce of infectious sub- stances in small quantities in glass, plastic vials and ampules in mechanical freezers. (Mode 1.) 11981±N ...... RSPA±97±3094 The Dexter Corporation, Electric 49 CFR 173.28(b)(2) ...... To authorize the one-time reuse Materials, Division Londonderry, of 1H1 plastic drums without NH. performing the leakproofness test and marking the drums as would otherwise be required by Sec. 173.28(b)(2). (Mode 1.) 11982±N ...... RSPA±97±3095 Webasto Thermosystems, Inc., 49 CFR 177.834 (1)(2)(i) ...... To authorize the manufacture, Madison Heights, MI. mark and sale of cargo heaters for use in transporting Class 3 or Division 2.1 hazardous mate- rials in enclosed trucks or trail- ers on highway vehicles. (Mode 1.) 11983±N ...... RSPA±97±3096 Degussa Corporation, Ridgefield 49 CFR 172.101, T±37 ...... To authorize the transportation in Park, NJ. commerce of hydrogen perox- ide, stabilized, Division 5.1, in concentrations of 92% which exceeds the authorized 72%, in IM portable tanks. (Modes 1, 3.) 11987±N ...... RSPA±97±3097 Exceed, Inc., Oklahoma City, OK 49 CFR 173.196(c), To authorize the manufacture, 173.24a(a)(1), 173.24a(a)(3). marking and sale of a specially designed combination packag- ing for use in transporting infec- tious substances, Division 6.2 in vials (Modes 1, 2, 3, 4.) 11990±N ...... RSPA±97±3098 Taylor-Wharton Coyne, Huntsville, 49 CFR 173.201(c), 173.202(c), To authorize the manufacture, AL. 173.302(a)(1), 173.304(a)(1), mark and sale of non-DOT 175.3, 178.35±(e), 178.35±(f), specification cylinders for trans- 178.36±(a)(1), 178.36(b), portation in commerce of gas 178.36±(g), 178.36±(j), 178.36± and oil well samplings contain- (m). ing certain Division 2.1, 2.2 and Class 3 material. (Modes 1, 2, 3, 4.) 61582 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

NEW EXEMPTIONSÐContinued

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

11993±N ...... RSPA±97±3100 Breed Technologies, Inc., Lake- 49 CFR 173.301(h), 173.302, To authorize the manufacture, land, FL. 173.306(d)(3). mark and sale of non-DOT specification cylinders for use as components of automobile vehicle safety systems. (Modes 1, 2, 3, 4.)

[FR Doc. 97–30169 Filed 11–17–97; 8:45 am] Hazardous Materials Regulations (49 applications have been separated from BILLING CODE 4910±60±M CFR Part 107, Subpart B), notice is the new applications for exemptions to hereby given that the Office of facilitate processing. Hazardous Materials Safety has received DATES: Comments must be received on DEPARTMENT OF TRANSPORTATION the applications described herein. This or before December 3, 1997. Research and Special Programs notice is abbreviated to expedite ADDRESS COMMENTS TO: Dockets Unit, Administration docketing and public notice. Because Research and Special Programs, the sections affected, modes of Administration, U.S. Department of Office of Hazardous Materials Safety; transportation, and the nature of Transportation, Washington, DC 20590. Notice of Applications for Modification application have been shown in earlier Comments should refer to the of Exemption Federal Register publications, they are application number and be submitted in not repeated here. Requests for triplicate. If confirmation of receipt of AGENCY: Research and Special Programs modifications of exemptions (e.g., to comments is desired, include a self- Administration, DOT. provide for additional hazardous addressed stamped postcard showing ACTION: List of applications for materials, packaging design changes, the exemption number. modification of exemptions. additional mode of transportation, etc.) FOR FURTHER INFORMATION CONTACT: SUMMARY: In accordance with the are described in footnotes to the Copies of the applications are available procedures governing the application application number. Application for inspection in the Dockets Unit, for, and the processing of, exemptions numbers with the suffix ‘‘M’’ denote a Room 8426, Nassif Building, 400 7th from the Department of Transportation’s modification request. These Street SW, Washington, DC.

Application Modification of No. Docket No. Applicant exemption

3216±M ...... E.I. DuPont de Nemours, Wilmington, DE (See Footnote 1) ...... 3216 6971±M ...... Chem Service, West Chester, PA (See Footnote 2) ...... 6971 7277±M ...... Structural Composites Industries, Pomona, CA (See Footnote 3) ...... 7277 8757±M ...... YZ Industries, Inc., Snyder, TX (See Footnote 4) ...... 8757 9791±M ...... Pressed Steel Tank Co., Inc., Milwaukee, WI (See Footnote 5) ...... 9791 11054±M ..... Welker Engineering Co., Sugar land, TX (See Footnote 6) ...... 11054 11344±M ..... E.I. DuPont, Wilmington, DE (See Footnote 7) ...... 11344 11375±M ..... Oceaneering Space Systems, Houston, TX (See Footnote 8) ...... 11375 11489±M ..... TRW Vehicle Safety Systems, Queen Creek, AZ (See Footnote 9) ...... 11489 11952±M ..... RPSA±97±3101 Department of Defense, Falls Church, VA (See Footnote 10) ...... 11952 11955±M ..... RPSA±97±2667 Scott Aviation, Lancaster, NY (See Footnote 11) ...... 11955 11988±M ..... RPSA±97±3102 COFAP of America, Inc., Dayton, OH (See Footnote 12) ...... 11988 (1) To modify the exemption to provide for rail transportation as an additional mode. (2) To modify exemption to provide for transportation by passenger aircraft as an additional mode for use in transporting small quantities of chemicals inside glass bottles packaged in metal boxes overpacked in strong wooden or fiberboard boxes. (3) To modify the exemption to provide for an alternative testing of non-DOT specification fiber reinforced plastic full composite cylinders used as part of a ground support system for aircraft maintenance. (4) To modify the exemption to provide for additional service pressure of 2,250 psi, alternative hydrostatic test of 4,500 psi and alternative markings. (5) To modify the exemption to provide for cargo aircraft as an additional mode of transportation for use in transporting non-specification cyl- inders, conforming in part with the DOT±3AA specification for transportation of certain nonflammable, nonliquefied compressed gases. (6) To modify the exemption to authorize a series of piston cylinders with a 3600 psi service pressure for use in transporting various hazardous materials classed in Class 3, Division 2.1 and 2.3. (7) To modify the exemption to provide for tank cars, containing chlorine, Division 2.3, to remain standing with unloading connections attached without the physical presence of an unloader. (8) To modify the exemption to provide for several design changes to non-specification cylinder built to DOT-Specification 4L containing Divi- sion 2.2 material. (9) To modify the exemption to provide for cargo only aircraft and cargo vessel as additional modes of transportation for use in transporting Di- vision 1.4C explosive articles. (10) To reissue the exemption originally issued on an emergency basis for use in transporting specially designed packaging consisting of a cyl- inder containing less than 7.22 cubic inches of nitrogen, compressed, Division 2.2 (11) To reissue the exemption originally issued on an emergency basis for transportation in commerce of oxygen generators which utilize spe- cial inegra as secondary means of preventing actuation. (12) To reissue the exemption originally issued on an emergency basis to manufacture, mark and sale shock absorbers and struts containing non-flammable gas, Division 2.2, as accumulators. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61583

This notice of receipt of applications (transmittal letter), 49 CFR 1105.12 after the EA becomes available to the for modification of exemptions is (newspaper publication), and 49 CFR public. published in accordance with Part 107 1152.50(d)(1) (notice to governmental Environmental, historic preservation, of the Hazardous Materials agencies) have been met. public use, or trail use/rail banking Transportations Act (49 U.S.C. 1806; 49 As a condition to this exemption, any conditions will be imposed, where CFR 1.53(e)). employee adversely affected by the appropriate, in a subsequent decision. Issued in Washington, DC, on November 6, abandonment shall be protected under Pursuant to the provisions of 49 CFR 1997. Oregon Short Line R. Co.— 1152.29(e)(2), Westco shall file a notice J. Suzanne Hedgepeth, Abandonment—Goshen, 360 I.C.C. 91 of consummation with the Board to Director, Office of Hazardous Materials, (1979). To address whether this signify that it has exercised the Exemptions and Approvals. condition adequately protects affected authority granted and fully abandoned [FR Doc. 97–30170 Filed 11–17–97; 8:45 am] employees, a petition for partial the line. If consummation has not been effected by Westco’s filing of a notice of BILLING CODE 4910±60±M revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal consummation by November 18, 1998, expression of intent to file an offer of and there are no legal or regulatory DEPARTMENT OF TRANSPORTATION financial assistance (OFA) has been barriers to consummation, the authority received, this exemption will be to abandon will automatically expire. Surface Transportation Board effective on December 18, 1997, unless Decided: November 12, 1997. stayed pending reconsideration. [STB Docket Nos. AB±535X and STB Docket By the Board, Beryl Gordon, Acting No. AB±536X] Petitions to stay that do not involve Director, Office of Proceedings. 2 environmental issues, formal Vernon A. Williams, West Central Ohio Port AuthorityÐ expressions of intent to file an OFA Secretary. under 49 CFR 1152.27(c)(2),3 and trail Abandonment ExemptionÐin Clark [FR Doc. 97–30303 Filed 11–17–97; 8:45 am] use/rail banking requests under 49 CFR County, OH; The Indiana and Ohio BILLING CODE 4915±00±P Central Railroad Company, Inc.Ð 1152.29 must be filed by November 28, Discontinuance of Service 1997. Petitions to reopen or requests for ExemptionÐin Clark County, OH public use conditions under 49 CFR 1152.28 must be filed by December 8, DEPARTMENT OF THE TREASURY West Central Ohio Port Authority 1997, with: Office of the Secretary, Case Federal Law Enforcement Training (Westco) and The Indiana and Ohio Control Unit, Surface Transportation Center: Advisory Committee of the Central Railroad Company, Inc. (IOCR), Board, 1925 K Street, N.W., Washington, National Center for State, Local, and have filed a notice of exemption under DC 20423. 49 CFR 1152 Subpart F—Exempt International Law Enforcement A copy of any petition filed with the Training, Notice of Renewal Abandonments and Discontinuances for Board should be sent to applicants’ Westco to abandon and IOCR to representative: Thomas F. McFarland, Pursuant to the Federal Advisory discontinue service over a 5.6-mile line Jr., McFarland & Herman, 20 North Committee Act of October 6, 1972, (Pub. of railroad between milepost 123.86 at Wacker Drive, Suite 1330, Chicago, IL L. 92–463, as amended), and with the or near Glen Echo and milepost 129.46 60606–2902. approval of the Secretary of the at the north edge of Warder Street in If the verified notice contains false or Treasury and the concurrence of the Springfield, Clark County, OH. The line misleading information, the exemption Office of Management and Budget, the traverses United States Postal Zip Code is void ab initio. Federal Law Enforcement Training 1 45502. Westco and IOCR have filed an Center (FLETC) announces the renewal Westco and IOCR have certified that: environmental report which addresses of the following Advisory Committee: (1) no local traffic has moved over the the effects of the abandonment and Title: Advisory Committee to the line for at least 2 years; (2) overhead discontinuance, if any, on the National Center for State, Local, and traffic has been rerouted over other environment and historic resources. The International Law Enforcement lines; (3) no formal complaint filed by Section of Environmental Analysis Training. a user of rail service on the line (or by (SEA) will issue an environmental Purpose: The primary purpose of the a state or local government entity acting assessment (EA) by November 21, 1997. Advisory Committee is to provide a on behalf of such user) regarding Interested persons may obtain a copy of forum for discussion and interchange cessation of service over the line either the EA by writing to SEA (Room 500, between a broad cross-section of is pending with the Surface Surface Transportation Board, representatives for the law enforcement Transportation Board (Board) or with Washington, DC 20423) or by calling community and related training any U.S. District Court or has been SEA, at (202) 565–1545. Comments on institutions on training issues and decided in favor of complainant within environmental and historic preservation needs. Considering that there are over the 2-year period; and (4) the matters must be filed within 15 days 40,000 individual police departments requirements at 49 CFR 1105.7 throughout the country,the advice (environmental reports), 49 CFR 1105.8 2 The Board will grant a stay if an informed emanating from this exchange is very (historic reports), 49 CFR 1105.11 decision on environmental issues (whether raised important to the Director of the FLETC by a party or by the Board’s Section of and the Director of the National Center 1 Westco acquired the involved line from Environmental Analysis in its independent for State, Local, and International Law Consolidated Rail Corporation in West Central Ohio investigation) cannot be made before the Port Authority—Acquisition Exemption— exemption’s effective date. See Exemption of Out- Enforcement Training (National Center). Consolidated Rail Corporation, Finance Docket No. of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any The Committee’s advice is critical to 32443 (ICC served Jan. 28, 1994). request for a stay should be filed as soon as possible ensuring that programs developed and IOCR’s lease and operation of the involved line so that the Board may take appropriate action before offered by the National Center are was approved in The Indiana & Ohio Central the exemption’s effective date. Railroad Company, Inc.—Lease and Operation— 3 Each offer of financial assistance must be meeting the unique and specialized West Central Ohio Port Authority, Finance Docket accompanied by the filing fee, which currently is needs of the State and local law No. 32602 (ICC served Mar. 15, 1995). set at $900. See 49 CFR 1002.2(f)(25). enforcement community and enhancing 61584 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices the networking between Federal, State, Assistant Secretary of the Treasury for pursuant to delegated authority, and local agencies. This networking is Management. approved the application of Ninth Ward essential to an efficient and effective John C. Dooher, Savings Bank, FSB, Wilmington, overall system. Associate Director. Delaware, to convert to the stock form Although FLETC representatives [FR Doc. 97–30206 Filed 11–17–97; 8:45 am] of organization. Copies of the participate in the training committee BILLING CODE 4810±32±M application are available for inspection activities of the major police at the Dissemination Branch, Office of membership associates, no forum exists Thrift Supervision, 1700 G Street, NW, which provides the broad representation DEPARTMENT OF THE TREASURY Washington, DC 20552, and the required to meet the needs of the Northeast Regional Office, Office of National Center. The uniqueness of the Office of Thrift Supervision Thrift Supervision, 10 Exchange Place, program requires an appropriately [AC±33: OTS No. 3455] 18th Floor, Jersey City, New Jersey selected and specifically dedicated 07302. group. Newport Federal Savings Bank, The Committee advises the Director of Dated: November 13, 1997. Newport, AR; Approval of Conversion By the Office of Thrift Supervision. the FLETC and the Director of the Application National Center on policy formulation, Nadine Y. Washington, training needs, curriculum and course Notice is hereby given that on Corporate Secretary. content, student admission and November 7, 1997, the Director, [FR Doc. 97–30270 Filed 11–17–97; 8:45 am] evaluation. There is no question that the Corporate Activities, Office of Thrift BILLING CODE 6720±01±M Committee’s input has been very Supervision, or her designee, acting instrumental in the successes enjoyed to pursuant to delegated authority, this point. Resources have been approved the application of Newport DEPARTMENT OF THE TREASURY committed only to those programs Federal Savings Bank, Newport, which meet unique needs of the State, Arkansas, to convert to the stock form Office of Thrift Supervision local, and international law enforcement of organization. Copies of the community. All programs have been application are available for inspection [AC±32: OTS No. 3780] at the Dissemination Branch, Office of well attended, and critiques and Wyman Park Federal Savings and Loan evaluations are quite positive. In Thrift Supervision, 1700 G Street, NW, Washington, DC 20552, and the Association, Lutherville, MD; Approval addition, State, local, and international of Conversion Application agencies have actively participated in Midwest Regional Office, 122 W. John the development and delivery of the Carpenter Freeway, Suite 600, Irving, Notice is hereby given that on October programs by providing personnel as Texas 75039–2010. 9, 1997, the Director, Corporate subject matter experts, course Dated: November 13, 1997. Activities, Office of Thrift Supervision, developers, and instructors. The By the Office of Thrift Supervision. or her designee, acting pursuant to programs offered have been developed Nadine Y. Washington, delegated authority, approved the only after a thorough screening process Corporate Secretary. application of Wyman Park Federal to ensure that the limited resources [FR Doc. 97–30269 Filed 11–17–97; 8:45 am] Savings and Loan Association, available are being committed most Lutherville, Maryland, to convert to the BILLING CODE 6720±01±M productively. The Committee’s input stock form of organization. Copies of the has been invaluable on this decision application are available for inspection process. DEPARTMENT OF THE TREASURY at the Dissemination Branch, Office of The Committee does not duplicate Thrift Supervision, 1700 G Street, NW, functions being performed within Office of Thrift Supervision Washington, DC 20552, and the Treasury or elsewhere in the Federal Southeast Regional Office, Office of [AC±34: OTS No. 1515] Government. Thrift Supervision, 1475 Peachtree Termination Date: The services of the Ninth Ward Savings Bank, FSB, Street, N.E., Atlanta, GA 30309. Committee are expected to be needed Wilmington, DE; Approval of Dated: November 13, 1997. for an indefinite period of time. No Conversion Application termination date has been established By the Office of Thrift Supervision. which is less than two years from the Notice is hereby given that on Nadine Y. Washington, date the Advisory Committee’s Charter November 10, 1997, the Director, Corporate Secretary. is approved. The Advisory Committee’s Corporate Activities, Office of Thrift [FR Doc. 97–30264 Filed 11–17–97; 8:45 am] Charter is approved by signature of the Supervision, or her designee, acting BILLING CODE 6720±01±M 61585

Corrections Federal Register Vol. 62, No. 222

Tuesday, November 18, 1997

This section of the FEDERAL REGISTER heading is corrected to read as set forth DEPARTMENT OF TRANSPORTATION contains editorial corrections of previously above. published Presidential, Rule, Proposed Rule, BILLING CODE 1505-01-D Coast Guard and Notice documents. These corrections are prepared by the Office of the Federal 46 CFR Part 10 Register. Agency prepared corrections are DEPARTMENT OF THE INTERIOR issued as signed documents and appear in the appropriate document categories Office of Surface Mining Reclamation [CGD 94-055] elsewhere in the issue. and Enforcement RIN 2115-AF23 30 CFR Part 870 Licensing and Manning for Officers of DEPARTMENT OF THE INTERIOR RIN 1029-AB93 Towing Vessels Bureau of Land Management Abandoned Mine Land Reclamation Correction Fund Reauthorization Implementation [AZ-024-5440-A015; AZA 25918; AZA 17969; In proposed rule document 97–28409, Correction AZA 18069] beginning on page 55548, in the issue of In proposed rule document 97–23958, Monday, October 27, 1997 make the Notice of Termination of Classification beginning on page 47617, in the issue of following correction: and Airport Application Wednesday, September 10, 1997, make the following correction: § 10.466 [Corrected] Correction On page 47618, in the second column, under the heading Discussion of On page 55560, in the third column, In notice document 97–28069 Proposed Rule, in the first line ‘‘not’’ in §10.466(b)(3), ‘‘the’’ should read ‘‘a beginning on page 55275 in the issue of and ‘‘move’’ should read ‘‘now’’ and limited’’. Thursday, October 23, 1997, the subject ‘‘remove’’, respectively. BILLING CODE 1505-01-D BILLING CODE 1505-01-D federal register November 18,1997 Tuesday Rule Welfare-to-Work (WtW)Grants;Interim 20 CFRPart645 Employment andTrainingAdministration Department ofLabor Part II 61587 61588 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

DEPARTMENT OF LABOR All comments shall be available for promoting job preparation, work, and public inspection and copying during marriage; Employment and Training normal business hours at the • Prevent and reduce the incidence of Administration Employment and Training out-of-wedlock pregnancies and Administration, Office of Employment establish annual numerical goals for 20 CFR Part 645 and Training Programs, 200 preventing and reducing the incidence RIN 1205±AB15 Constitution Avenue, NW, Room N4459, of these pregnancies; and Washington, D.C. 20210. Copies of the • Encourage the formation and Welfare-to-Work (WtW) Grants Interim Final Rule are available in the maintenance of two-parent families. alternate formats of large print and The TANF provisions substantially AGENCY: Employment and Training changed the nation’s welfare system Administration (ETA), DOL. electronic file on computer disk which may be obtained at the above-stated from one in which cash assistance was ACTION: Interim final rule; request for address. The Interim Final Rule is also provided on an entitlement basis to a comments. available on the WtW web site at http:/ system in which the primary focus is on moving welfare recipients to work and SUMMARY: The Employment and /wtw.doleta.gov. Comments may be promoting family responsibility, Training Administration hereby issues submitted electronically to that web accountability and self-sufficiency. In an Interim Final Rule implementing the address. general, adult welfare recipients are Welfare-to-Work (WtW) grant provisions In compliance with 28 U.S.C. 2112(a), expected to become self-sufficient of Title IV, Part A of the Social Security the Employment and Training within a 60-month period of time. In Act as amended by the recent enactment Administration designates the Associate support of this ‘‘work-first’’ objective, of the Balanced Budget Act of 1997. The Solicitor for Employment and Training the TANF provisions established an Interim Final Rule provides an Services, Office of the Solicitor, U.S. overall work participation rate for all administrative framework for the WtW Department of Labor, 200 Constitution households and a work participation program which is being coordinated Avenue, NW, Room N2101, rate for two-parent families that must be with the closely-related Temporary Washington, D.C. 20210, as the recipient met by each State starting in fiscal year Assistance for Needy Families (TANF) of petitions to review this Interim Final (FY) 97 and in each fiscal year thereafter program administered by the Rule. through FY 2002. States that do not Department of Health and Human FOR FURTHER INFORMATION CONTACT: Mr. meet the TANF-established work Services (DHHS). While the use of WtW Peter E. Rell, Welfare-to-Work Office, participation rates face significant funds should occur within the larger U.S. Department of Labor, 200 financial penalties. framework of the TANF program in each Constitution Avenue, NW, Room S5513, The reference to ‘‘work-first’’ refers to State, these funds have a purpose that Washington, D.C. 20210, Telephone: the TANF concept that the primary is distinct from that of the TANF (202) 219–0181 (voice) (This is not a focus is on placing individuals in program. The purpose of WtW is to toll-free number.) or 1–800–326–2577 employment activities. Nevertheless, the provide transitional assistance which (TDD). work-first approach also recognizes that moves hard-to-employ welfare individuals may be provided, as recipients living in high poverty areas SUPPLEMENTARY INFORMATION: appropriate, education and skills into unsubsidized employment and Paperwork Reduction Act training related to the job, as well as economic self-sufficiency. other services to ensure lasting DATES: Effective Dates: This Interim Pursuant to the Paperwork Reduction employment and the achievement of Final Rule shall become effective on Act of 1995, information collection self-sufficiency. Since the enactment of November 18, 1997. However, affected requirements which would be imposed PRWORA, the Administration and parties do not have to comply with the as a result of the Interim Rule are being Congress have been concerned that information collection requirements in submitted separately to the Office of those welfare recipients who have the § 645.240 (reporting requirements for Management and Budget. least skills, education, employment WtW programs) until DOL publishes in I. Background experience and who live within high the Federal Register the control poverty areas may need additional numbers assigned by the Office of On August 22, 1996, President assistance to obtain lasting jobs and Management and Budget (OMB). Clinton signed the Personal become self-sufficient. Publication of the control numbers Responsibility and Work Opportunity On August 5, 1997, the President notifies the public that OMB has Reconciliation Act (PRWORA), a signed the Balanced Budget Act of 1997. approved this information collection comprehensive welfare reform bill, This legislation amended certain TANF requirement under the Paperwork under which the TANF program was provisions of the Social Security Act Reduction Act of 1995. established to supersede the Aid to and authorized the Secretary of Labor to Comment Period: Comments must be Families with Dependent Children provide WtW grants to States and local submitted by January 20, 1998. The (AFDC) welfare program, the Job communities for transitional Department will not consider comments Opportunities and Basic Skills (JOBS) employment assistance to move the received after this date. Comments that Training program and the Emergency hard-to-employ TANF welfare are less than 10 pages in length may be Assistance (EA) Program. The TANF recipients into unsubsidized jobs and transmitted via facsimile at (202) 219– program at section 401(a) of the Social economic self-sufficiency. 0376, provided that submission of Security Act (Act) established the Approximately 75 percent of the funds written text follows. following objectives: in each fiscal year will be distributed as ADDRESSES: Submit written comments • Provide assistance to needy families formula grants to the States, with 85 to the Employment and Training so that children may be cared for in percent to be passed through to local Administration, Welfare-to-Work Office, their own homes or in the homes of service delivery areas (SDAs) (generally, 200 Constitution Avenue, NW, Room relatives; one or more units of local government S5513, Washington, D.C. 20210, • End the dependence of needy with a population of 200,000 or more) Attention: Peter E. Rell. parents on government benefits by in the States to be administered by the Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61589

Private Industry Council (PIC) for the establishes ‘‘broad cash welfare and be provided by the Agency on how to SDA, or an alternate administering child care block grants providing comply with a number of WtW statutory entity approved by the Secretary of maximum flexibility so that States can provisions, e.g., allowable matching Labor according to the statutory reform welfare in ways that are funds, expenditure time limits, requirements. The funds distributed appropriate for them, and can move reallocation policy, Governors’ authority through the WtW grant program will families into jobs.’’ to select the State administrative assist States and PICs to meet their The WtW statute contains several agency, conditions under which the welfare reform objectives by providing provisions designed to encourage Governor may select an alternate additional resources targeted to hard-to- creative and effective use of grant funds. administrative agency (other than the employ welfare recipients residing in In particular, section 403(a)(5)(B) Private Industry Council) at the local high poverty areas within the State. provides that approximately 25 percent level, eligible grant applicants for WtW activities should be coordinated of WtW funds shall be distributed competitive WtW grants, allowable with those undertaken through TANF, through a competitive grant process activities, post-employment and job as hard-to-employ welfare recipients which are designed, in part, to expand retention services, job creation through constitute a significant portion of the the base of knowledge about programs public or private sector employment TANF eligible population. Therefore, to successfully move hard-to-employ wage subsidies, community services and the ability of State/County TANF recipients to unsubsidized employment work experience programs, limits on agencies, the PICs under the Job and self-sufficiency. In addition, section administration costs, and performance Training Partnership Act (JTPA), local 403(a)(5)(E) sets aside $100 million as a standards and bonuses. governments and a variety of other successful performance bonus, to be The Agency has determined that this entities (e.g., One-Stop systems, private distributed in FY 2000 among States Interim Final Rule, as promulgated, sector employers, labor organizations, who most effectively place hard-to- complies with the WtW statutory business and trade associations, employ individuals in lasting mandate and will provide effective education agencies, housing agencies, employment at increased earnings. direction for the implementation of community development corporations, The format, as well as the substance, WtW programs. ETA will review all transportation agencies, community- of the Interim Final Rule reflects the comments received in response to the based and faith-based organizations, Administration’s commitment to Interim Final Rule, as well as program disability community organizations, regulatory reform. The current Federal experience, in considering what further community action agencies, and Register Document Drafting Handbook action is necessary and promulgating a colleges and universities which provide encourages Federal agencies to produce Final Rule. some of the assistance needed by the regulations that are reader-friendly. The II. Summary and Explanation targeted population) to implement WtW Department has made every effort to programs that move these individuals make these regulations clear and easy to This section describes and explains into employment and self-sufficiency understand, as well as to anticipate the individual provisions of the Interim will be a major factor in the success of issues that may arise and to provide Final Rule. The explanatory text, in the national initiative to reform the appropriate direction. To this end, the general, adheres closely to the welfare system. Part 645 regulatory text is presented in corresponding WtW statutory language. The Interim Final Rule provides a a ‘‘question and answer’’ format. The supporting rationale is provided for framework for the administration of Section 403(a)(5)(C)(viii) of the Act those instances where the rule provides WtW programs, in coordination with the requires the Secretary of Labor to direction not prescribed by the WtW closely-related TANF program. The prescribe regulations implementing the statute. Employment and Training WtW program within 90 days of ETA has set regulations only where Administration (ETA) has coordinated enactment, after consultation with the they are necessary to clarify or to its WtW regulatory efforts with the Secretaries of DHHS and Housing and explain how the Agency intends to rulemaking being initiated by the Urban Development (HUD). Pursuant to interpret the WtW statute. Consistent Department of Health and Human Secretary of Labor’s Order No. 4–75, the with the Act, the Interim Final Rule Services (DHHS) for the TANF program. Assistant Secretary for Employment and provides the States and local The Interim Final Rule supplements Training has been delegated the governments with the primary TANF’s emphasis on moving welfare responsibility to carry out WtW policies, responsibility to initiate and develop recipients into work, and on improving programs, and activities for the program implementation procedures program evaluation and performance. Secretary of Labor. and policy guidance regarding WtW Section 403(a)(5)(A)(ii)(I) of the Act Given the short time frame imposed administration. For example, while 20 indicates that the States’ WtW formula on the Department, the Employment CFR 645.230 indicates that the OMB plans are an ‘‘addendum’’ to the State and Training Administration (ETA) has Circular A–102 ‘‘Common Rule’’ TANF plans. In keeping with the moved quickly to initiate coordination requirements apply to WtW programs, Congressional intent to allow States with the other Federal agencies that the Department has not defined what maximum flexibility in implementing have related concerns. In particular, the constitutes WtW ‘‘allowable activities’’ TANF requirements, the WtW Department established a Federal Policy which are used under section regulations provide States and local Committee composed of officials from 403(a)(5)(C) of the Act. governments with broad discretion to the Departments of HHS, HUD, Pursuant to Section 411(a)(1) of the design and implement WtW programs Transportation and Labor. The Policy Social Security Act, DHHS has the that meet the needs of the hard-to- Committee reviewed and provided responsibility to issue WtW participant employ population in the individual policy recommendations to the and program data reporting States. This approach is consistent with Department on issues that arose during requirements, after consultation with PRWORA’s statutory intent to provide the development of the Interim Final other appropriate parties. Accordingly, States with maximum discretion. The Rule. this Interim Final Rule does not address PRWORA Conference Report, H.R. Conf. In addition, ETA requested and such reporting requirements in detail. Rep. No. 725 104th Cong. 2nd Sess. received input from a broad range of Consistent with the purpose of WtW, (1996), states that the legislation interested parties regarding guidance to which is to move welfare recipients into 61590 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations unsubsidized employment and corporations, transportation agencies, The roughly 25 percent of the funds that economic self-sufficiency, the statute community-based and faith-based is not allotted to the States by formula anticipates reporting on these measures: organizations, disability community is available for the Secretary to award placements in unsubsidized organizations, community action through a competitive grant process. employment; placements in agencies, and colleges and universities The regulations which appear in this unsubsidized employment that last at and other sources that provide subpart apply to these funds. least six months; placements in the assistance to the WtW targeted What Is Meant by the Terms ‘‘Entity’’ private and public sectors; earnings of individuals. and ‘‘Project’’ in the Statutory Phrase individuals who obtain employment; What Definitions Apply to This Part? ‘‘An Entity that Operates a Project’’ and average expenditures per (§ 645.120) With Welfare-to-Work Funds? placement. This section of the Interim Final Rule (§ 645.210) Subpart A—Scope and Purpose includes a limited number of definitions This section defines the terms What Does This Part Cover? (§ 645.100) of terms, acronyms and phrases ‘‘entity’’ and ‘‘project’’ in the phrase ‘‘an This section of the Interim Final Rule important to the implementation of the entity that operates a project’’ with WtW indicates that Part 645 provides WtW programs. This section is not funds, as used in section 403(a)(5)(C)(ii) regulatory provisions applicable to WtW intended to be an all-inclusive listing of of the Act. formula grant funds that are to be used definitions provided within the WtW For WtW substate formula funds, to carry out State-level programs and legislation and WtW regulations. ‘‘entity’’ means the PIC (or the alternate This section includes definitions for programs conducted by the PICs at the agency designated by the Governor and the terms ‘‘adult’’, ‘‘minor’’, and ‘‘TANF Service Delivery Area (SDA) level. This approved by the Secretary) which MOE’’ found in the TANF statute. The part of the regulations also provides administers the WtW formula funds in Department also relied on the general guidance on WtW competitive a service delivery area(s). This entity is definitions provided in the JTPA grants, but it should be clear the referred to in §§ 645.211 through regulations at 20 CFR Part 626 for the Department intends to publish specific 645.225 as the ‘‘operating entity’’. The terms ‘‘PIC’’ and ‘‘SDA.’’ The definition Solicitations for Grant Applications term ‘‘entity’’ does not refer to for ‘‘Chief Elected Official’’ comes from (SGAs) in the future. The SGAs to be subrecipients, contractors, vendors, or Section 103(c) of the Job Training published will be disseminated widely other parties to which the PIC or Partnership Act, as amended. and will contain specific information alternate agency may choose to States and PICs (and alternate distribute WtW formula funds to about purpose, application agencies) should keep in mind that requirements, funding amounts, and provide specific services. The term additional definitions applicable to the ‘‘project’’ means all activities, submission instructions for competitive WtW program, but not listed in this grant awards. administrative and programmatic, section for the sake of brevity, can be supported by the total amount of the What Are the Purposes of the Welfare- found in the definitions section(s) of the WtW formula funds allotted to an entity to-Work Program? (§ 645.110) pertinent OMB Circulars on Uniform as described above. Therefore, the This section of the Interim Final Rule Administrative Requirements and the requirement relating to the expenditure describes what the Department believes OMB Cost Principles Circulars. For of 70 percent WtW funds on hard-to- to be the statutory objective of the WtW example, 29 CFR 97.3 contains employ individuals, as described in program, which complements the definitions for terms and acronyms § 645.211, applies to all of the funds overall objectives of the TANF program. relating to administration of the WtW allotted to the PIC/alternate For example, the WtW statutory programs operated by State, local and administering agency. The entity need provisions indicate that the ultimate Indian tribal organizations, unless not impose these expenditure objective to be achieved through the otherwise specified. Similarly, 29 CFR requirements on each individual various allowable activities is to ‘‘* ** Part 95 contains other administrative subrecipient, contractor, vendor or other move individuals into and keep definitions relating to non-profit party to whom it may choose to individuals in lasting unsubsidized organizations. distribute WtW funds. However, the employment * * *’’. In this regard, the Subpart B—General Program and entity must ensure that, in the aggregate, WtW program complements the TANF Administrative Requirements it complies with the 70 percent objective to ‘‘* * * end the dependence expenditure requirement. of needy parents by promoting job What Does This Part Cover? (§ 645.200) For Governors’ funds for long-term preparation, work * * *’’. The WtW This subpart provides general recipients of assistance, ‘‘entity’’ means Program focuses on assistance on hard- program and administrative the agency, group, or organization to to-employ welfare recipients living in requirements for WtW formula grant which the Governor has distributed high poverty areas. funds, including Governors’ funds for such funds, as described in § 645.410 (b) Although the section requires only long-term recipients of assistance, and and (c). This entity is referred to in that WtW grant funds be coordinated for competitive grant funding. §§ 645.211 through 645.225 as the with the State TANF expenditures, the Of the total amount of WtW funds ‘‘operating entity’’. The term ‘‘project’’ Department also intends that WtW grant available for allotment (after reserving means all activities, administrative and funds be coordinated with available an amount for Indian tribes, evaluation, programmatic, supported by the total resources from the Job Training and performance bonuses), 75 percent is amount of any one award of Governor’s Partnership Act (JTPA), the allotted to the States on a formula basis. funds made to an entity as described Employment Service, the Child Care Generally, the States are required to above. Therefore, should the entity and Development Block Grant, One- distribute at least 85 percent of this receive more than one award from the Stop systems, private sector employers, amount, pursuant to a statutory formula, Governor, the 70 percent expenditure labor organizations, business and trade to service delivery areas. The Governor requirement, as described in § 645.211, associations, vocational rehabilitation of a State may reserve up to 15 percent applies individually to each award. The and other education agencies, housing of the State’s allotment for projects to entity need not impose the expenditure agencies, community development help long-term recipients of assistance. requirement on each individual Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61591 subrecipient, contractor, vendor or other Who May be Served as a Hard-to- no direct monetary value to an party to whom it may choose to Employ Individual Under the 70 Percent individual family and that do not distribute WtW funds. However, the Provision? (§ 645.212) involve implicit or explicit income entity must ensure that in the aggregate The WtW legislation targets those support, such as counseling, case it complies with the 70 percent welfare recipients who will have the management, peer support, and expenditure requirement. most difficulty transitioning into employment services that do not For competitive WtW grants, ‘‘entity’’ employment. Specifically, the Act, at involve subsidies or other forms of means an eligible applicant, as sections 403(a)(5)(C)(ii) and (iv), income support; and (b) one-time, short- described in § 645.500, which is establishes three different categories of term assistance (i.e., assistance which is awarded a competitive WtW grant by individuals who may be served under paid no more than once in any 12 the Secretary. This entity is referred to month period, is paid within a 30 day the 70 percent provision. An individual in §§ 645.211 through 645.225 as the period, and covers needs that do not is eligible if (s)he meets the criteria of ‘‘operating entity’’. The term ‘‘entity’’ extend beyond a 90-day period, such as any one of the following three eligibility does not refer to subrecipients, automobile repair to obtain employment categories. (1) To be eligible under the contractors, vendors, or other parties to and avoid welfare receipt, and first category, individuals: (a) must be which the competitive grant recipient appliance repair to maintain living recipients of TANF assistance; and (b) may choose to distribute WtW funds. arrangements). The Secretary notes that must have two of the three specified The term ‘‘project’’ means all activities, she may issue further rules to conform barriers to employment; and (c) must be administrative and programmatic, this provision to similar provisions in long-term recipients of TANF assistance supported by the total amount of any forthcoming final regulations governing one competitive grant award. Therefore, or will become ineligible for TANF the TANF program. should the same entity receive more assistance within twelve months. (2) To Criterion b: Barriers to Employment. than one competitive grant, the 70 be eligible under the second category, The Act, at section 403(a)(5)(C)(ii)(I), percent expenditure requirement, as an individual must be a noncustodial states that as the second criterion of described in § 645.211, applies parent of a minor whose custodial eligibility under category one of the 70 individually to each competitive grant. parent meets the three criteria of the percent provision, an individual must The entity need not impose the first eligibility category. (3) To be face at least two of the three following expenditure requirements on each eligible under the third category, an barriers to employment: (1) the individual subrecipient, contractor, individual must have the specified individual has not completed secondary vendor or other party to whom it may barriers to employment and no longer school or obtained a certificate of choose to distribute WtW funds. be receiving TANF assistance because general equivalency, and has low skills However, the entity must ensure that in (s)he has reached either the Federal five- in reading or mathematics; (2) the the aggregate it complies with the 70 year lifetime limit on receipt of individual requires substance abuse percent expenditure requirement. assistance, or a State-imposed lifetime treatment for employment; or (3) the limit. The regulations paraphrase the individual has a poor work history. How Must Welfare-to-Work Funds Be statutory language. We are defining the phrase ‘‘has low Spent by the Operating Entity? Eligibility: Category One. To be skills in reading or mathematics’’, (§ 645.211) eligible to be served under category one which is used in the first barrier in This section restates the statutory of the 70 percent provision, an criterion b, to mean having reading or provisions, at section 403(a)(5)(C)(ii) individual must meet each of the mathematics skills at or below grade and (iii) of the Act, which require that following three eligibility criteria: level 8.9. This definition is consistent an operating entity, as described in Criterion a: Recipients of TANF with the definition which is used in the § 645.210 of this part, expend not less Assistance. The individual must be a Job Training Partnership (JTPA) than 70 percent of the WtW funds current recipient of TANF assistance. program. We are also defining the allotted or awarded to it for the benefit The Act, at section 403(a)(5)(C)(ii), uses phrase ‘‘has a poor work history’’ to of hard-to-employ individuals, as the term ‘‘recipients of assistance under mean having worked no more than three described in § 645.212, and which the program funded under this part.’’ In consecutive months in the last 12 provide that up to 30 percent of the order to facilitate coordination at the calendar months. In this way funds may be spent to assist individuals local level, the Department has individuals who have taken the with characteristics associated with consulted with DHHS regarding initiative to try employment but have long-term welfare dependence, as interpretations for ‘‘the program funded not been successful for more than a brief described in § 645.213. If less than 30 under this part’’ and ‘‘assistance’’. period of time, are eligible for percent of the funds are spent to assist Provisions in the statute which use the assistance. These definitions reinforce individuals with long-term welfare term ‘‘the program funded under this the intent of the WtW legislation to dependence characteristics, as described part’’ refer to the State’s program of focus assistance on hard-to-employ in § 645.213, the remaining funds shall family assistance that is operated in individuals. However, we provide PICs be spent to benefit hard-to-employ accordance with the TANF statute, flexibility for each of these definitions individuals, as described in § 645.212. regardless of its funding source. Thus, for up to 10 percent of participants to This requirement applies to all WtW any individual receiving TANF recognize individual circumstances, funds, i.e., to substate formula funds, assistance under the State TANF specialized needs, including individuals Governors’ funds for long-term program (whether funded with State or with disabilities, and local labor market recipients of assistance, and competitive Federal funds) is deemed to meet this conditions. funds. It should be noted that the criterion of eligibility under the 70 TANF agencies are required to requirement does not apply to the percent provision. perform an initial assessment of the proportion of WtW participants served; ‘‘Assistance’’ means every form of skills, prior work experience and rather, as noted above, it applies to the support provided to families under employability of each TANF recipient percentage of WtW funds expended on TANF (including child care, work who is at least 18 years old, or who has the participants in each category of subsidies, and allowances to meet living not completed high school (or eligibility. expenses), except: (a) services that have equivalent) and is not attending 61592 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations secondary school. It is likely that this participating in work activities. We do Eligibility: Category One. To be assessment may identify the above- not want to impose a definition which eligible under category one of the 30 noted barriers, and we do not want to would be at odds with those already percent provision, an individual must require further assessment for the existing in the States. If a State does not meet both of the following criteria: purposes of establishing eligibility have a definition for ‘‘noncustodial’’ Criterion a: Recipients of TANF where it is not needed. Additionally, in parent for TANF purposes, it should Assistance. The individual must be a relation to the criterion ‘‘requires develop one in order to serve current recipient of TANF assistance. substance abuse treatment for noncustodial parents in WtW projects. The Act states, at section 403 employment,’’ we note that DHHS is Eligibility: Category Three: Exceeding (a)(5)(C)(iii)(I), that individuals with suggesting that the optional individual Durational Time Limits. The regulations long-term welfare dependence responsibility plan which the TANF interpret the statutory provision at characteristics under the 30 percent agency develops based on the initial section 403(a)(5)(C)(iv) to apply to provision must be ‘‘recipients of assessment may require the individual individuals who have reached State- assistance under the program funded to undergo appropriate substance abuse imposed time limits on receipt of TANF under this part’’. The regulations treatment. We do not want to impose an assistance in addition to individuals paraphrase the statutory requirement. In additional Federal definition which who have reached the five-year Federal order to facilitate coordination at the would cause a local WtW program limit on receipt of Federal assistance. local level, the Department has operator to ‘‘second-guess’’ this This interpretation is consistent with consulted with DHHS regarding determination. the purpose of the WtW funds to assist interpretations for ‘‘the program funded Criterion c: Long-Term/Duration- those who have the most difficulty under this part’’ and ‘‘assistance’’. For a Impacted TANF Recipients. The third making the transition from welfare to fuller discussion of this approach, refer eligibility criterion under category one work. Therefore, an individual who has to the discussion regarding recipients of of the 70 percent provision requires that barriers to employment, as specified in TANF assistance in the preamble for § 645.212. individuals be long-term recipients of § 645.212(a)(2) of this part, and who TANF assistance or will become Criterion b: Characteristics Associated would otherwise be eligible to receive ineligible for TANF assistance within 12 With Long-Term Welfare Dependence. TANF assistance but is no longer months. The regulations paraphrase the The Act states, at section 403 receiving TANF assistance because (s)he statutory requirements, at section (a)(5)(C)(iii)(I), that an individual must has reached either the Federal five-year 403(a)(5)(C)(ii)(II), which states that an have characteristics associated with lifetime limit on receipt of assistance, or individual: (1) must have received long-term welfare dependence, such as a State-imposed lifetime limit, is assistance under a State TANF program, having dropped out of school, teenage eligible. and/or its predecessor program, for at pregnancy, or having a poor work least 30 months, whether consecutive or Who May be Served as an Individual history. We are interpreting ‘‘associated not; or (2) will become ineligible for With Long-Term Welfare Dependence with’’ to include characteristics assistance within 12 months due to Characteristics Under the 30 Percent ‘‘predictive of’’ long-term welfare Federal or State-imposed durational Provision? (§ 645.213) dependence. In order to facilitate time limits on receipt of TANF coordination at the local level, we will assistance. This includes individuals The Act, at sections 403 (a)(5)(C)(iii) not further define the characteristics who have been exempted from the and (iv), establishes three different associated with long-term welfare durational limits due to hardship categories of individuals who may be dependence. It is likely that the TANF pursuant to section 408(a)(7)(C) of the served as individuals with assessment may identify the above- Act, but would have faced termination characteristics associated with long- noted characteristics, and we do not within 12 months without the term welfare dependence under the 30 want to require further assessment for exemption. percent provision. An individual is the purposes of establishing eligibility Eligibility: Category Two: eligible if (s)he meets any one of the where it is not needed. Moreover, the Noncustodial Parents. The regulations following three eligibility categories: (1) regulations interpret the statutory paraphrase the statutory requirement at To be eligible under the first category, phrase ‘‘such as’’ to mean that, in section 403(a)(5)(C)(ii). A noncustodial individuals must be recipients of TANF addition to the characteristics listed in parent of a minor child whose custodial assistance and have characteristics the statute, States and PICs may parent meets the eligibility criteria of associated with, or predictive of, long- designate other characteristics category one, as specified in term welfare dependence. (2) To be associated with, or predictive of, long- § 645.212(a) of this part, is eligible eligible under the second category, an term welfare dependence, including under the 70 percent provision. In order individual must be a noncustodial having a disability. In order to provide to facilitate coordination at the local parent of a minor whose custodial the State and local areas with flexibility level, we are not defining the term parent is receiving TANF assistance, to design the WtW program to support ‘‘noncustodial’’ any further. We are and the noncustodial parent must have the goals and objectives of their overall allowing States to develop and employ characteristics associated with, or program of assistance for welfare their own definition of the term, which predictive of, long-term welfare recipients, we are not imposing any we understand States generally use to dependence. (3) To be eligible under the further restrictions in this area. Starting mean a parent who is absent from the third category, an individual must have with the FY99 State WtW formula plans, child’s household. Under TANF, States characteristics associated with, or States will be asked to include examples can extend employment services to predictive of, long-term welfare of characteristics which the State and noncustodial parents by including them dependence, be otherwise eligible to PICs consider to be predictive of long- in their definition of ‘‘eligible family’’. receive TANF assistance, but no longer term welfare dependency. In these cases, the States are already be receiving TANF assistance because Eligibility: Category Two: using their own non-Federal definition (s)he has reached either the Federal five- Noncustodial Parents. The Act states, at of ‘‘noncustodial.’’ Further, States are year lifetime limit on receipt of section 403(a)(5)(C)(iii)(II), that required by statute to report to DHHS on assistance, or a State-imposed lifetime noncustodial parents of minors who the number of noncustodial parents limit. have the characteristics associated with, Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61593 or predictive of, long-term welfare eligibility criterion in the majority of coordinated mechanism for eligibility dependence, as described under cases, it is critical that the TANF agency determination. category one, are eligible to participate be the source of information about The operating entity must also have under the 30 percent provision if the whether an individual is receiving mechanisms in place to determine WtW custodial parent is receiving TANF TANF assistance, the length of such eligibility for individuals who are not assistance. In order to facilitate receipt, and applicable time limits on receiving TANF assistance (i.e., coordination at the local level, we are such receipt. At a minimum, therefore, noncustodial parents and individuals not defining the term ‘‘noncustodial’’ for TANF recipients, WtW eligibility who have reached the time limit on any further. For a fuller discussion of determination mechanisms must receipt of TANF). Mechanisms may this approach, refer to the discussion include arrangements with the TANF include approaches such as: (1) using regarding noncustodial parents in the agency to ensure that such a staff from the operating entity to preamble for § 645.212. determination is based on information, determine WtW eligibility (utilizing Eligibility: Category Three: Exceeding current at the time of the WtW information from TANF and other Durational Time Limits. The regulations eligibility determination, for the factors appropriate agencies); (2) entering into interpret the statutory provision at specified in § 645.214(b)(1) of this part. agreements with local agencies, such as section 403(a)(5)(C)(iv) to apply to In establishing WtW eligibility for the the TANF agency, and other appropriate individuals who have reached State- criteria of barriers to employment, entities, such as One-Stop systems and imposed time limits on receipt of TANF pursuant to § 645.212(a)(2), and substance abuse treatment providers, which foster coordination and facilitate assistance in addition to individuals characteristics associated with long who have reached the five-year Federal the exchange of eligibility information term-welfare dependency, pursuant to limit on receipt of Federal assistance. among parties at the local level; and/or § 645.213(a)(2) of this part, the This interpretation is consistent with (3) performing joint WtW eligibility regulations seek to minimize the purpose of the WtW funds to assist determination with other appropriate duplication of effort and encourage those who have the most difficulty agencies, including the TANF agency. coordination of TANF and WtW making the transition from welfare to The TANF agency should be able to resources. Specifically, the regulations work. Therefore, an individual who has provide information about assistance state that for TANF recipients, the characteristics associated with, or received by the custodial parent of operating entity may base a predictive of, long-term welfare minors or by exhaustees to permit the determination of WtW eligibility for dependence, as specified in PIC to determine whether an individual § 645.213(a)(2) of this part, and who these factors on information that was qualifies as a noncustodial parent or would otherwise be eligible to receive collected up to six months prior to the about individuals who are no longer TANF assistance but is no longer WtW eligibility determination, by or receiving TANF assistance. receiving TANF assistance because (s)he through the operating entity for JTPA or In determining whether someone has reached either the Federal five-year for other purposes, or by the TANF requires substance abuse treatment for lifetime limit on receipt of assistance, or agency for the TANF assessment or employment, the operating entity can a State-imposed lifetime limit, is eligible individual responsibility plan (IRP). benefit from coordinating with the local to participate under the 30 percent This mechanism provides an efficient recipients of funds from the Substance provision. method to minimize duplication of Abuse Prevention and Treatment effort and utilize existing, reliable (SAPT) Block Grant. In some States, How Will Welfare-to-Work Participant information while ensuring that a WtW SAPT funds substance abuse awareness Eligibility be Determined? (§ 645.214) eligibility determination will not be and identification programs for TANF The regulations state that the made on the basis of outdated case workers. In others, substance abuse operating entity is accountable for information. This six-month window is counselors supported by SAPT funds ensuring that WtW funds are spent on intended to provide flexibility to the are co-located in TANF offices. We urge individuals who are eligible for WtW operating entity to customize its close coordination by the operating projects. The regulations acknowledge, mechanisms for determining WtW entity with efforts of SAPT and other however, that the operating entity may eligibility to address the unique agencies to identify and address not be in the best position to determine circumstances of its local area. In some substance abuse among the TANF all aspects of WtW eligibility, cases, the operating entity may population. particularly those associated with determine that a shorter time period is The regulations also state that once an receipt of TANF assistance. Therefore, preferable. In others, the operating individual begins to receive WtW the regulations require that the entity may determine that for some services, the operating entity is not operating entity ensure that there are characteristics, such as the possession of required to redetermine WtW eligibility. mechanisms in place to establish WtW a high school diploma, the individual’s For instance, if someone ceases to eligibility based on the criteria in status immediately prior to receive TANF assistance due to §§ 645.212 and 645.213. We urge that determination of eligibility should be increased earnings, that individual may the mechanisms for determining WtW used in the determination. We recognize continue to participate in appropriate eligibility address how the PIC or other that the information previously WtW services (such as occupational WtW operating entity and the TANF collected by the operating entity or in training offered as a post-employment agency will work together to facilitate the TANF assessment and IRP: (1) may service or job retention services, if such the exchange of eligibility information. be sufficiently comprehensive to allow services are not otherwise available). The actual scope of the mechanisms, for making the WtW eligibility operating procedures, and roles and determination; or (2) may not What Activities Are Allowable Under responsibilities of the cooperating necessarily provide sufficient This Part? (§ 645.220) parties are best left to local information to determine WtW The ultimate objective for each determination given the myriad of eligibility in all categories. In either welfare recipient is placement into an circumstances that exist in local areas. case, we urge close coordination unsubsidized job which provides the Since receipt of TANF assistance will between the TANF agency and the potential for achieving economic self- be the single most critical WtW operating entity to develop a sufficiency. Activities conducted with 61594 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

WtW grant funds must be grounded in disabilities, adult education, and the placed into the workforce for six the ‘‘work first’’ philosophy which is a workforce development system at the months, is referenced. fundamental tenet of the Act. Although State and local operational levels to Given the needs of the target group for a variety of activities are authorized maximize the use of all available this assistance, the provision of under WtW, these activities should be resources and to focus resources on adequate job retention and support viewed as employment-based direct assistance to recipients. services will be critical. Each developmental steps for helping Additionally, they encourage the use of participant engaged in a job readiness individuals secure and retain training interventions only after an activity, an employment activity, or in unsubsidized employment. individual begins to work to help any other subsidized or unsubsidized Section 403(a)(5)(C)(i) specifies the participants retain their jobs and move job, including participation in a allowable activities which can be toward economic self-sufficiency. registered apprenticeship program, will funded under WtW grants. The statute Specifically, in order to facilitate also be allowed to receive appropriate prescribes the following as allowable coordination between WtW and TANF job retention and support services, if activities: job readiness, placement, and activities at the State and local level, the such services are not otherwise post-employment services financed regulations do not define or describe the available. These could include through job vouchers or through activities which are common to both transportation assistance, substance contracts with public or private WtW allowable activities and TANF abuse treatment, child care, emergency providers; community service or work work activities. That is, the regulations or short-term housing assistance, experience programs; job creation provide no definitions or description for disability-related services, or other through public or private sector community service, work experience, supportive services. However, these employment wage subsidies; on-the-job job creation through public or private services can be provided with WtW training; and job retention or support sector employment wage subsidies, on- funds only where they are not otherwise services if such services are not the-job training, or job readiness available to the participant. For otherwise available. Congress did not activities. Job readiness may, however, instance, in the area of child care, the define these activities further. Some include training for WtW participants operating entity should ensure that activities have commonly understood starting their own businesses. It is WtW funds are not substituted for child meanings from their use over time or expected that operating definitions for care services available from the Child from operational definitions adopted by these activities will be arrived at Care and Development Block Grant, other employment and training through partnership between the State TANF funds, and other State and local programs, but others may not. and local administering agencies, taking funds. We consulted with a variety of groups into consideration applicable statutory The availability of transportation to determine what others thought about and regulatory provisions. services, to get welfare recipients to how these activities should be defined. The regulations do provide examples work, training, and child care, is a A major theme they expressed is the of post-employment services. Whether significant factor in obtaining and need for maximum State and local an individual is working in a subsidized retaining employment. Historically, flexibility to design programs to or unsubsidized job, including self- DHHS and DOL programs have defined successfully move the hardest to employ employment or participation in a transportation in terms of the individual welfare recipients into unsubsidized registered apprenticeship program, that client, and allowed reimbursement for employment leading to economic self- individual may be allowed to receive services used rather than for service sufficiency. post-employment services, which may availability. However, client Another major theme expressed by include basic education, English as a reimbursement will not work where those with whom we consulted is the second language, occupational skills services do not exist. WtW funds may be need for flexibility to provide to the training, and mentoring. While the used for both purposes. For instance, WtW eligible population, training in legislation does not permit stand-alone WtW funds may be used to reimburse basic educational and occupational training activities independent of a job, individual participants for skills, English as a second language allowing them as post-employment transportation costs, to enable an training, and referral to vocational activities only while the participant is administering agency to purchase rehabilitation services. Indeed, one of working in a subsidized or unsubsidized additional needed services from the eligibility factors is the lack of a job reflects the basic ‘‘work first’’ thrust transportation providers, or high school or secondary school of the legislation, while recognizing the alternatively to support, in combination diploma or a certificate of general critical importance of continuous skills with other funding sources, the equivalency, coupled with low skills in acquisition and lifelong learning to development of new transportation math or reading. In order to make it economic self-sufficiency. These services that may be needed in order to possible for these educationally examples of post-employment services connect individuals to jobs. Such disadvantaged individuals to begin to are not intended to imply that only services could include: late night and achieve economic self-sufficiency, they educational, training, or mentoring other off peak hour services, shuttle need access to tools for developing the services are allowable as post- service, guaranteed ride home, van skills necessary for achieving their employment services. pooling and ridesharing, and employment goal. The regulations incorporate the specialized transportation services The regulations address these statutory requirement that job readiness, provided by non-profit agencies. WtW concerns. They provide maximum placement, and post-employment funds cannot be substituted for services flexibility to provide transitional services be provided through job available or already provided through assistance which moves welfare vouchers or contracts with public or other sources. However, this is not recipients into unsubsidized private providers. Additionally, the meant to preclude funding of an employment providing good career requirement, at § 645.230(a)(3), that individual’s access to existing sources. potential for achieving economic self- contracts or vouchers for job placement For example, although a transit service sufficiency. They also encourage must include a provision to require that may exist, an individual may need effective linkages of welfare agencies, at least one-half of the payment occur financial assistance to afford such other agencies serving people with after an eligible individual has been transportation. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61595

Substance abuse treatment is including 24 hour care programs, may find work and progress toward self- specifically provided as an example of be considered non-medical. In short, as sufficiency. a job retention service because one of in TANF, States and localities cannot Coordination of resources should the eligibility factors under the hard-to- use Federal WtW funds for services that include not only those available through employ criteria is the need for substance the State identifies as medical; they may WtW and TANF grant funds, and the abuse treatment for employment. In only use Federal WtW funds for services Child Care and Development Block arranging for substance abuse treatment, that are non-medical. States may, Grant, but also those available through States and localities should coordinate however, use their own funds or other other related activities and programs, with the Single State Authority (SSA) funds to provide these services as long such as the JTPA programs, the State (and its subcontractors) designated by as they do not commingle State and employment service, One-Stop systems, the Governor to receive and administer Federal funds. Medicare and Medicaid private sector employers, labor the Substance Abuse Prevention and funds may provide another source of organizations, business and trade Treatment (SAPT) Block Grant funding for medical substance abuse associations, education agencies, administered by the Substance Abuse treatment. housing agencies, community and Mental Health Services Individual development accounts development corporations, Administration, DHHS. This grant, (IDAs) are authorized by section transportation agencies, community- totaling $1.23 billion in FY 1998, 403(a)(5)(C)(v)(I) of the Act. They are based and faith-based organizations, accounts for approximately 40 percent described in detail at section 404(h) of disability community organizations, of all substance abuse treatment the Act, which gives States the option community action agencies, and provided through State agencies. The to fund IDAs with TANF, and by colleges and universities which provide SSA and its county or regional extension, WtW funds, for WtW some of the assistance needed by the subcontractors also coordinate with, or participants. An IDA is an account targeted population. The regulations require that an actually provide, substance abuse established by or for an individual to assessment of skills, prior work treatment funded through other sources. allow the individual to accumulate experience, employability, and other It is imperative that use of WtW funds funds for specific purposes enumerated relevant information be in place for each for substance abuse treatment be in the Act, i.e., postsecondary WtW participant. This is consistent with coordinated with other funding sources educational expenses, first home the TANF requirement, at section to provide only services not otherwise purchase, and business capitalization. 408(b)(1) of the Act, that an assessment available. It is equally important that the The Secretary of DHHS is authorized to be developed for each recipient of expertise of SAPT block grant recipients establish regulations regarding IDAs. be utilized in developing a strategy to TANF assistance who has attained 18 Therefore, we are not regulating or years of age or has not completed high provide WtW participants with providing further guidance in this area. school or obtained a certificate of high substance abuse treatment services. An entity that funds IDAs with WtW school equivalency, and is not attending Regarding substance abuse treatment, grant funds must comply with Section secondary school. In order to maximize States and localities need to be aware 404(h) of the Act and the applicable coordination and minimize duplication that section 408(a)(6) of the Act, which DHHS regulations. of effort, we urge the use of the TANF bars the use of Federal TANF funds for Lastly, the regulations state that assessment to meet this requirement medical services, also applies to WtW intake, assessment, eligibility where feasible in order to avoid funds. In many, but not all, instances determination, the development of an duplicative assessments and the treatment of alcohol and drug abuse individualized service strategy, and case unnecessary use of WtW resources. involves not just ‘‘medical services,’’ but management are allowable and may be The regulations require that an other kinds of social and support incorporated in the program design of individualized strategy for transition to services as well. Allowing States to use any of the allowable activities. unsubsidized employment should be in Federal WtW funds for substance abuse How Do Welfare-to-Work Activities place for each participant. This treatment is programmatically sound Relate to Activities Provided Under requirement is similar to the TANF since it addresses the need of a TANF and Other Related Programs? provision, at section 408(b)(2) of the particular target group and may help (§ 645.225) Act, regarding an individual clients make successful transitions to responsibility plan (IRP). This strategy work. Therefore, WtW funds can be The regulations require that activities should take into account the used for drug and alcohol abuse provided through WtW be coordinated individual’s circumstances reflected in treatment services to the extent that effectively with activities being the TANF assessment, JTPA individual such services are not medical and not provided through the TANF grant and service strategy or any participant otherwise available to the participant. other related programs. The WtW grants assessment which may have been States and localities will have to look at provide a critical tool to help States and performed by the operating entity or its the range of services offered and local governments achieve their own agent. The individualized strategy differentiate between those that are welfare reform goals and to meet their should also include information medical and those that are not. For responsibilities under the Act to reduce regarding disabilities since the instance, an evaluation of a substance welfare caseloads and move welfare characteristics associated with long- abuser, to determine the appropriate recipients into permanent employment term welfare dependence can be caused, level of care, performed by a member of and off welfare. WtW must be an or contributed to, by a physical, the medical profession is considered a integral part of the States’ and local emotional or cognitive disability. The medical service, as is a medically governments’ overall program of strategy should assure that activities supervised detoxification program. assistance to move welfare recipients funded through WtW are effectively However, services performed by those into unsubsidized employment. WtW coordinated with similar activities (e.g., not in the medical profession, such as formula grants are intended to work assessment, case management, counselors, technicians, social workers, through the operating entity to supportive services, work activities) and psychologists, and services not supplement and enhance their overall being funded through TANF and other provided in a hospital or clinic, capacity for assisting welfare recipients related programs to address the 61596 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations individual’s needs so that (s)he can required for the use of program income presumed delivery system for these obtain and retain unsubsidized and that the cost of generating any grants, the regulation uses the JTPA employment. In order to maximize program income may be deducted in definition of ‘‘administrative costs’’ coordination and minimize duplication determining the amount of program except that paragraph (c)(3) of the of effort, the regulations also state that, income earned. In paragraph (c) of this regulation incorporates an exception where appropriate, the TANF IRP may section, the authority to grant or deny specified at Section 404(b)(2) of the Act. be used for this purpose. It is our prior approval for those selected items The exception specifically excludes understanding that most, if not all, of cost which require such approval has from the administrative cost category States have exercised their option under been delegated to the Governor. the costs of computer hardware and TANF of implementing an IRP Paragraph (g) of this section sets forth software that is used for tracking and requirement. The statutory guidelines restrictions on nepotism related to monitoring under a WtW grant. It is for the content of an IRP, at section individuals being hired into WtW only the cost of the assets, however, and 408(b)(2) of the Act, include an subsidized employment, work not the salaries or wages of staff who employment goal for the individual and experience, on-the-job training positions use the computers, that is excluded. The a plan for moving the individual into and the like. regulation also requires that all unsubsidized employment as quickly as information technology purchased for possible, and for increasing the What Are the Time Limitations on the WtW grants must be ‘‘year 2000 responsibility and amount of work the Expenditure of Welfare-to-Work Grant compliant.’’ To meet this requirement, individual is to handle over time. The Funds? (§ 645.233) information technology must be able to statutory guidelines also include a The regulation specifies the time accurately process date/time data description of the obligations of the limitation rules for expenditure of the (including, but not limited to, individual and the services to be two types of Federal WtW grant funds: calculating, comparing and sequencing) provided so that the individual will be (a) Formula funds—The general rule from, into, and between the twentieth able obtain and retain employment. In is that these funds will be available for and twenty-first centuries, and the years order to avoid duplicative strategies and expenditure for a ‘‘maximum’’ period of 1999 and 2000. The information unnecessary use of staff resources, we three years which commences with the technology must also be able to make urge the use of the TANF IRP as the effective date of the grant to a State. The leap year calculations. WtW individualized service strategy grant period will be specified in the These Interim Final WtW regulations where feasible. Department’s formula grant document adopt the JTPA definition of the term for each fiscal year of funds provided to ‘‘Administrative Costs’’ to minimize the What General Fiscal and Administrative the State. burden on PICs. The Secretary notes Rules Apply to the Use of Federal (b) Competitive funds—The general that she may issue further rules to Funds? (§ 645.230) rule is that these funds have the conform this provision to similar This regulation identifies the potential for being granted for the provisions in forthcoming final appropriate DOL regulations which ‘‘maximum’’ three-year period from the regulations governing the TANF specify the rules applicable to WtW effective date of the grant award but are program. Comments on this subject are grants in the areas of fiscal and subject to the terms and conditions of invited and would be helpful in administrative requirements, audit the specific grant. assessing the advantages and requirements, allowable cost/cost For both types of grant funds, any disadvantages of such a change. principles, debarment and suspension, remaining funds unexpended at the end drug-free workplace, restrictions on of the approved grant period must be What Are the Reporting Requirements lobbying, and nondiscrimination. In returned to the Department in for Welfare-to-Work Grants? (§ 645.240) addition, paragraph (a)(3) of this section accordance with the applicable closeout This regulation indicates that DOL specifically indicates that the provision rules and procedures. For purposes of will issue instructions and formats for at section 403(a)(5)(C)(i) of the Act is a determining the time limitations for financial reporting, that DHHS will requirement that is imposed in addition expenditure of ‘‘performance bonus’’ issue the instructions for participant to the procurement provisions grants, the provisions applicable to reporting, and that DOL will issue applicable to an entity awarding a formula funds (excluding match) will supplemental participant reporting contract or voucher for job placement apply. requirements for competitive grants. services. That provision requires that With respect to participant reporting, contracts or vouchers for job placement What Types of Activities Are Subject to DOL will, as an interim measure, revise services must include a provision to the Administrative Cost Limit on the Standard Program Information require that at least one-half of the Welfare-to-Work Grants? (§ 645.235) Report (SPIR) to incorporate payment occur after an eligible Paragraph (a) of the regulation restates identification of WtW enrollees and individual placed into the workforce the fact that the statute imposes a 15 WtW activity categories to facilitate the has been in the workforce for at least 6 percent limitation on administrative use of a SPIR-based management months. Consistent with the purpose of costs for formula grants to States. For information system by PICs who choose the Act, we have interpreted this competitive grants, the regulation to use it to manage their WtW funded provision to apply to placement in permits a different limitation, up to a activities. However, DOL will not unsubsidized jobs. We have done this to maximum of 15 percent, to be specified require the use or submission of SPIR avoid the unintended consequence of in the grant agreement. If no limitation for WtW. having all subsidized employment last a is specified, then the 15 percent minimum of six months. limitation on administrative costs will Who is Responsible for Oversight and Paragraph (a)(4) of this section adds a also apply to competitive grants. Monitoring of Welfare-to-Work Grants? provision to address PIC conflict of Paragraphs (b) & (c) spell out the (§ 645.245) interest which is not addressed by the definition of administrative costs for The Secretary of Labor is authorized uniform requirements. Paragraph (a)(5) these WtW grants and provide some to provide WtW grants to States and of this section specifies the requirement additional cost classification guidance. local entities through formula that the addition method will be Because the local JTPA system is the allocations and a competitive process, Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61597 respectively. To ensure that Federal Department’s Office of Administrative complaint procedures established funds are accounted for and used in a Law Judges in accordance with the pursuant to that section. WtW recipients permissible manner, the Secretary is procedures found at 29 CFR 96.603(b). who are also JTPA grant recipients responsible for oversight of grant So as to avoid confusion about which should process complaints of activities and expenditure of grant procedures apply to nondiscrimination discrimination under procedures funds, and may monitor any WtW grant findings, paragraph (c) specifies that established pursuant to 29 CFR 34.42. recipient or subrecipient. The findings arising from investigations or 29 CFR 34.42 establishes the regulations provide for Federal and reviews conducted under procedures under which JTPA grant State oversight responsibilities. nondiscrimination laws are to be recipients shall process complaints For formula grants, the Department’s resolved in accordance with those involving violations of the JTPA monitoring of the States will include a nondiscrimination laws and the nondiscrimination and equal sample of subrecipients. States funded applicable implementing regulations. opportunity provisions. Since many under this program shall develop a WtW grant recipients will be PICs and What Nondiscrimination Protections statewide monitoring plan and shall other entities with experience operating Apply to Participants in Welfare-to- make the monitoring plan available for programs under JTPA, the Department Work Programs? (§ 645.255) Federal review. In the event that the has determined that, in order to avoid Secretary determines that a State grant Section 645.255 of the regulations administrative burdens, such entities recipient is not in compliance with provides that participants in WtW shall process WtW discrimination Federal statutory or regulatory programs have such rights as are complaints under these procedures requirements, the Department may available under any applicable Federal, rather than require that they comply provide technical assistance as part of State or local law prohibiting with two different sets of procedures. the corrective action process. discrimination, including, but not (Recipients of financial assistance from The Governor is responsible for limited to: the Age Discrimination Act the Department should be aware that the oversight of formula grants at the of 1975 (42 U.S.C. 6101 et seq.); Section DOL regulations, at 29 CFR Parts 31, 32, substate level. The State monitoring 504 of the Rehabilitation Act of 1975 and 34, also require that programs and plan shall provide for adequate (Section 504)(29 U.S.C. 794); the activities meet certain administrative oversight and should include State Americans with Disabilities Act of 1990 obligations. Among those is the policies and procedures for the (ADA) (42 U.S.C. 12101 et seq.) and responsibility to notify participants of implementation, operation and Title VI of the Civil Rights Act of 1964 their rights under nondiscrimination management of the program, as well as (Title VI)(42 U.S.C. 2000d et seq.). ETA laws (e.g., Title VI, Section 504 and the State monitoring of reporting is not responsible for administering any Age Discrimination Act), including the requirements for WtW substate grants. civil rights laws. Rather, it is the Civil right to file a complaint with the CRC. The State shall ensure compliance with Rights Center (CRC), formerly the Individuals with questions about the statutory and regulatory requirements of Directorate of Civil Rights, within the requirements of these WtW at the substate level. The State Office of the Assistant Secretary for nondiscrimination laws, or concerns monitoring plan should include an Administration and Management, that about compliance by individual WtW annual monitoring schedule and should has the responsibility to enforce such programs with these laws, should describe its process for providing laws as the Age Discrimination Act of address their comments or concerns to technical assistance to substate grantees 1975, Section 504 and Title VI, with the Director, Civil Rights Center, U.S. that are not in compliance with State or respect to recipients of federal financial Department of Labor, 200 Constitution Federal requirements. assistance from the Department. Avenue, NW, Room N4123, Additionally, the CRC is responsible for What Procedures Apply to the Washington, D.C. 20210.) processing complaints alleging Both Section 408(d) of the PRWORA Resolution of Findings Arising From violations of the ADA by all State and and its legislative history, as reflected in Audits, Investigations, Monitoring and local government programs, services, H.R. Conf. Rep. No. 725, 104 Cong., 2nd Oversight Reviews? (§ 645.250) and regulatory activities relating to labor Sess. 293 (1996), clarify that recipients The regulation assigns to the and the workforce. are subject to Federal enforcement Governor the responsibility to resolve Section 645.255 of the regulations mechanisms. The Balanced Budget Act subrecipient findings that arise from further provides that complaints of 1997 amended the PRWORA. It audits, investigations, monitoring alleging discrimination, except for those provides for, among other things, a new reviews, and the like. If the States have alleging gender discrimination in civil rights protection against gender procedures in place that are used for violation of § 645.255(d), shall be discrimination. This provision ensures audit resolution, debt collection and processed in accordance with applicable that participants who may not be appeal for other grant programs, then regulations. For example, WtW covered under either Title VII of the the existing processes may be used. recipients who are not also JTPA grant Civil Rights Act of 1964 or Title IX of Otherwise the State must develop and recipients should process complaints the Education Amendments of 1972, are implement such procedures. that allege discrimination based on race, protected against gender discrimination. The regulation reserves to the color or national origin in violation of The PRWORA, as amended, requires Secretary the authority for resolution of Title VI of the Civil Rights Act of 1964 States to have grievance procedures to findings that arise from Federal audits, in accordance with the Department’s process complaints alleging gender investigations, incident reports, and Title VI regulation at 29 CFR part 31 by discrimination. The legislative history monitoring reviews, as well as recipient forwarding all such complaints to the makes clear that gender-based level OMB Circular A–133 audits. The CRC (Address at the end of this discrimination is the only civil rights process that will be used is the grant paragraph.). Similarly, WtW recipients matter that the legislation required to be officer initial and final determination who are not also JTPA grant recipients resolved through a State grievance process used for other grant programs should process complaints that allege procedure. See H.R. Conf. Rep. No. 217, which is codified at 29 CFR 96.503. discrimination based upon disability in 105th Cong., 1st Sess. 935–937 (1997). Appeals of grant officer final violation of Section 504 in accordance Other civil rights matters are to be determinations are to be made to the with 29 CFR 32.45(b), i.e., using the resolved in accordance with the 61598 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations applicable statutes and regulations employer has caused an involuntary Subpart C—Additional Formula Grant listed in the preceding paragraph. reduction to less than full time in hours Administrative Requirements and Procedures What Health and Safety Provisions of an employee in the same or Apply to Participants in Welfare-to- substantially equivalent job. What Constitutes an Allowable Match? Work Programs? (§ 645.260) Consistent with the goal of this (§ 645.300) program, which is to place participants The regulation restates the health and A State will be awarded a total of $2 in employment which will eventually safety provisions which are found in in WtW formula grant funds for each $1 section 403(a)(5)(J)(ii) of the Act and lead to their economic self-sufficiency, in State matching expenditures up to specifies that participants alleging a we encourage the States to safeguard the the maximum amount that the State is violation of these standards may file a current workforce, while aggressively entitled to receive under the WtW complaint using the State’s legislatively promoting the creation of employment allotment formula. If the State chooses mandated grievance system. The opportunities for welfare recipients. The to propose a lesser amount of match Department interprets the statutory State’s goal should be the expansion of than would be required in order for it phrase ‘‘work activity’’ to refer to the its workforce through the creation of to receive the full allotment, it may do allowable employment activities additional new jobs. so. In such cases, the amount of the provided for at § 645.220(b) of this part. The regulations also specify that Federal WtW grant will be reduced What Safeguards Are There to Ensure grievances regarding displacement may accordingly. That Participants in Welfare-to-Work be filed using the State’s legislatively The regulation authorizes the States to Employment Activities do not Displace mandated grievance system. use the uniform financial and Other Employees? (§ 645.265) administrative requirements, codified at What Procedures Are There To Ensure Section 403(a)(5)(J) of the Act 29 CFR 97.24 (the Common Rule), That Currently Employed Workers May provides protections to ensure that regarding match allowability and File Grievances Regarding Displacement employees are not displaced by WtW documentation, except that no more participants engaged in a work activity. and That Welfare-to-Work Participants than one-half of the match may be in the The Department interprets the phrase in Employment Activities May File form of in-kind contributions. We will ‘‘work activity’’ to refer to the allowable Grievances Regarding Displacement, allow 50 percent of the required match employment activities provided for at Health and Safety Standards and Gender to be in-kind contributions in order to § 645.220(b) of this part. Discrimination? (§ 645.270) encourage the participation of private The regulation incorporates the non-profit and faith-based organizations statutory prohibition, in section The regulations reflect the statutory in efforts to assist individuals transition 403(a)(5)(J)(i) of the Act, against language concerning the requirement from welfare to unsubsidized allowing WtW participants to be that a State must establish a grievance employment and economic self- enrolled in employment activities system for regular, unsubsidized sufficiency. These organizations can which violate existing contracts for employees regarding displacement and offer significant resources, especially in- services or collective bargaining for participants in the WtW program kind services, to assist WtW program agreements. Where an employment regarding displacement, health and participants. activity would violate a collective safety standards and gender Cash donations from non-Federal bargaining agreement, the regulations discrimination. third parties that are used to pay for provide that the appropriate affected The statute requires that the grievance allowable costs of the WtW grant labor organization and employer must system must provide an opportunity for program will be considered as cash provide written concurrence before the a hearing, an appeal, and a final match, and not counted as in-kind employment activity can be undertaken. determination within 120 days of the contributions. Matching funds include The regulations also incorporate the those State and local dollars in excess original filing date of the complaint. The statutory prohibition against allowing of funds spent to meet the TANF MOE regulations give the State the option of an individual participating in requirement when those funds are spent including in the grievance system an employment activities under the WtW on WtW eligible individuals and program from displacing another opportunity for informal resolution activities. Matching requirements may employee. Employment activities shall prior to the formal hearing. The not be met by the use of employers’ not result in the employment or regulations also provide that in share of participant wage payments, e.g., assignment of a WtW participant or the developing its grievance system, the the employer’s share of OJT. The filling of a position when any other State must specify the time period and planning guidance issued for FY98 person is on layoff from the same or format for the hearing and the appeal reiterated the legislative provision substantially equivalent job within the portions of the procedure. The informal requiring that the total matching funds same organizational unit. The use of the resolution and hearing steps in the must be expended during the FY in phrase ‘‘within the same organizational grievance procedure may occur at either which the WtW grant is awarded. A unit’’ further clarifies the parameters for the State or SDA level. This section of legislative amendment eliminating this the concept of ‘‘a substantially the regulations also restates the requirement and permitting the equivalent job’’. The employment or statutory provision concerning the expenditure of matching funds over the assignment of a WtW participant or the designation of a State agency, same three-year period as Federal funds filling of a position is prohibited when independent of the State or local agency is being considered by Congress. The an employer has terminated any regular, responsible for administering or final rule will reflect the action taken by unsubsidized employee or otherwise supervising the administration of State the Congress with respect to this reduced its workforce with the intent of TANF and WtW programs, to hear amendment. If match expenditures do filling the vacancy with a WtW program appeals. not satisfy the requirement for the full participant. In addition, a WtW level of Federal funds, the grant amount participant may not be employed or will be reduced by an appropriate assigned to a position where the corresponding amount. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61599

Paragraph (c)(7) of the regulation Subpart D—State Formula Grants efficiency of the administration of WtW indicates that the burden-of-proof for Administration funds in the SDA. The Secretary shall assess the information provided by the substantiating match expenditures is to Under What Conditions May the Governor, as well as any input from the be borne by the recipient of a WtW grant Governor Request an Alternate affected CEOs, in reaching a decision on based on its own records and/or those Administering Agency at the Local the granting of the waiver requested. of its subrecipients. Level? (§ 645.400) The regulations provide the PIC and What Assurances Must a State Provide The regulations reflect the WtW CEO 15 days in which to respond to the That It Will Make the Required legislative intent to assign PICs, in Governor’s waiver request and submit Matching Expenditures? (§ 645.310) cooperation with Chief Elected Officials written comments to the Department. (CEOs), a presumptive role as the The Secretary’s decision on the This regulation restates the planning administering agencies for the WtW Governor’s request constitutes final guidance which requires a State to program at the local level. The Act also agency action and is not subject to provide a written estimate of planned provides the Governor authority to further administrative review. matching expenditures in its State plan select an alternate administrative agency It is the Department’s position, and to describe the process by which and to request from the Secretary a consistent with section the funds will be tracked and reported waiver of the statutory provision that 403(a)(5)(A)(vii)(I) of the Act, that in to ensure that the State meets its PICs have the sole authority to expend WtW programs the PICs have the same projected match. funds for the program at the local level. policy guidance and oversight functions The Governor may request such a as the PICs have under the JTPA. In What Actions Are To Be Taken if a State waiver in the State’s annual plan and service delivery areas where, pursuant Fails To Make the Required Matching must provide information indicating to the PIC/CEO agreement, the PIC is not Expenditures? (§ 645.315) how the selection of the alternate the ‘‘administrative entity’’ or the ‘‘grant agency will improve the effectiveness or recipient’’ (see JTPA sections 4(2) and This regulation requires the efficiency of the program in each 103(b)(1)(B)), the PICs will exercise the Department to implement an annual substate area. In presenting the authority specified in the WtW reconciliation and grant adjustment rationale, pursuant to section legislation. In such situations, process for WtW grants. The 403(a)(5)(A)(vii)(III) of the Act, the consistent with section reconciliation will be based on reported Governor shall provide such 403(a)(5)(A)(vii)(I) of the Act, the PIC match expenditures made through the information as (s)he deems is necessary can use the current JTPA administering end of the FY, as specified in the to establish that the designated alternate agency or grant recipient to disburse required report due 45 days after the agency would improve the effectiveness WtW funds and manage the program. end of each fiscal year. If the end-of- or efficiency of the administration of the Finally, in situations where the alternate fiscal-year report has not been received funds in each SDA. administering agency selected and by December 1 of that year, then the The Department intends for the approved by the Secretary is neither the reconciliation will be based on the most Governors to have maximum flexibility SDA’s administrative entity nor the current report received. on what should be included in their SDA’s grant recipient entity, the presentation(s) of the reason(s) for the Department intends for the alternate In addition, each FY the Department selection of an alternate administering agency to take steps to ensure the will evaluate second quarter matching agency at the local level. While no CEO(s) continues to be consulted on expenditures to determine the status of specific format is provided, it is WtW service strategies and activities each State’s expenditures compared suggested the Governor include, as part planned for the SDA. with planned match. DOL will alert and of the rationale for the selection of an consult with States that appear to be alternate administering agency, What Elements Will the State Use in underexpending matching funds information regarding the PIC’s Distributing Funds Within the State? concerning the possibility of reducing performance, administrative capacity, or (§ 645.410) the grant to reallot funds if match whether the PIC has turned down the The regulations follow closely the requirements are not met. WtW role; and information on the statutory provisions concerning the alternate agency’s capacity and fiscal Governor’s responsibility to distribute When Will Formula funds be Reallotted integrity. In addition, the Governor is to funds to the SDAs in the State. The Act and What Reallotment Procedures Will provide copies of any comments from requires the Governors to establish a the Secretary Use? (§ 645.320) the CEOs regarding the Governor’s formula to distribute funds to the SDAs in the State and specifies the use of up This section describes the selection of the alternate agency. In addition, the Governor must to three formula factors described at reconciliation process that the request a waiver if, during the operation section 403(a)(5)(A)(vi)(I) of the Act. Department will use for determining of the local WtW program, s(he) The Governor’s formula cannot contain whether or not a State has expended the determined that the PIC, or alternate any additional formula factors. required level of matching funds and agency, which is administering WtW In developing the Governor’s formula, the process for reallotment of funds that has not coordinated its expenditures the statute requires that a weight of no become available as a result of with expenditure of funds provided to less than 50 percent be given to the underexpenditure of the required match the State under TANF. Whenever the following factor: the number by which or failure to fully obligate funds by Governor requests a waiver, the the population of the area with an either States or substate entities. Funds Governor is to provide a copy of such income less than the poverty line are fully obligated by States when they request to the PIC and CEO of the exceeds 7.5 percent of the total are awarded to the substate entities. affected SDA. population of the area, compared to all The Governor shall bear the burden of such numbers for all SDAs in the State. proving that the proposed designated This means that at least 50 percent of alternate agency, rather than the PIC, the funds must be distributed to SDAs would improve the effectiveness or based on this factor. If the Governor 61600 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations chooses not to use this factor in determine, within their respective WtW legislation. Once the plan is distributing the rest of the funds, these service delivery areas, the eligible accepted, the Department will provide funds may be distributed to an SDA individuals and the allowable activities funding to the State. Where a State based on one or both of the following upon which to expend their within- includes in its plan a request to use an factors: an SDA’s share of the number of State fund allocation. The Department agency other than the PIC to administer adults receiving assistance under TANF, expects that a PIC’s targeting of eligible the program locally, the Secretary will or the predecessor program, in the SDA individuals and the selection of service carefully assess waiver requests for each for at least 30 months (whether strategies will reflect the needs of the local jurisdiction and will grant a consecutive or not), relative to the target population and the local waiver if the Secretary determines that number of such adults residing in the employment opportunities, and are the designated alternate agency will State; or an SDA’s share of the number coordinated with State TANF more effectively or efficiently of unemployed individuals residing in expenditures. administer the WtW grant funds for that the SDA, relative to the number of such Up to 15 percent of the funds allotted area. The Secretary will use the individuals residing State. If the to the State may be retained by the State information submitted by the Governor Governor chooses to use one or both of for projects to transition long-term as well as input from the affected PICs these additional factors, s(he) may not recipients into unsubsidized jobs. For a and CEOs in the decision-making distribute more that 50 percent of the full discussion of what other process. The Secretary’s decision funds on the basis of these factors. In requirements are applicable to funds whether to grant a waiver shall be circumstances where the Governor’s retained by the State, please refer to the considered final agency administrative formula allocation to an SDA is less preamble discussions of §§ 645.210 action. than $100,000, those amounts are added through 645.225. The regulations clarify What Factors Will Be Used in to the funds retained at the State level, that the Governor may utilize PICs, as Measuring State Performance? thereby increasing the amount of funds well other entities, such as One-Stop (§ 645.420) which may be retained at the State systems, private sector employers, labor above the 15 percent level. However, in organizations, business and trade This regulation advises that the cases where the distribution formula associations, education agencies, Secretary will develop and issue a would allocate at least $100,000 to an housing agencies, community formula that will be used to measure SDA, those amounts must be allocated development corporations, State performance and to serve as the to the SDA within 30 days of the date transportation agencies, community- basis for the award of performance the State receives its Federal allotment. based and faith-based organizations, grants in FY 2000. The formula will be For guidance in determining the disability community organizations, developed in consultation with DHHS, number of individuals with income less community action agencies, and the National Governors Association than the poverty line, the regulations colleges and universities, to operate (NGA), and the American Public point the States to section 403(a)(5)(D) projects for long-term recipients to enter Welfare Association (APWA), and will of the Act. This section instructs States unsubsidized jobs. The Department be published in mid-1998. As required to use the methodology used by the intends for the Governors to develop by section 403(a)(5)(E), the formula will Bureau of the Census to produce and guidelines on such matters as project be the basis used to measure the success application criteria, project design publish intercensal poverty data for of States in placing individuals in criteria, project outcome goals, project States and counties. The Department is private sector employment or any kind placement expectations, project aware that the Bureau of the Census in of employment, the duration of such duration, etc. The Department intends March of 1997 produced an intercensal placements, any increase in earnings of for the Governors to have maximum report containing State and county data such individuals, and other additional flexibility in the management and estimates of the number of individuals factors that the Secretary of Labor deems operation of the funds retained by the in poverty and poverty rates for 1993. to be appropriate. State, consistent with statutory States should use this data, or requirements, to enable the Governors to What Are the Roles and Responsibilities comparable more recent data published fund projects that support and of the State(s) and PIC(s)? (§ 645.425) by the Bureau, to determine the number complement the Governors’ and the This section of the regulations of individuals below the poverty line PICs’ strategies to transition welfare enumerates a number of State and PIC who exceed 7.5 percent of the total recipients into unsubsidized jobs and roles and responsibilities embedded in population of the area. For areas for economic self-sufficiency. which 1993 intercensal data is not the WtW statute. During the produced and published by the Bureau What Planning Information Must a State consultation process conducted by the of the Census, Governors may use 1990 Submit in Order to Receive a Formula Department to gather input on WtW Census poverty data, in conjunction Grant? (§ 645.415) policy development, there were a with the intercensal poverty data for The regulation follows section number of requests for the Department related jurisdictions, where appropriate, 403(a)(5)(ii) of the Act and specifies that to explain and clarify the State and PIC as a basis for determining the poverty a State must provide an annual plan to roles. The Department believes this data for those areas. The Governor is to the Secretary for each fiscal year it section of the regulation is responsive to use the most recent year for which wishes to receive funding. The format of those requests and highlights the key poverty data is available when the State plan, as well as the date for responsibilities at the State and local determining the number of individuals submission, will be established by the level. It does not attempt to create below the poverty line and should use Secretary and provided to the States. arbitrary divisions since it is our view data for the most recent 12-month The plan will be an addendum to the that coordination among State agencies period when determining the number of TANF plan and will be submitted to the and programs (e.g., TANF, employment adults receiving assistance for at least 30 Secretaries of Labor and Health and service, One-Stop centers), and local months. Human Services. agencies and programs (e.g., PICs, JTPA This section also sets forth the The Department will review the State Title IIA) is essential to meeting the statutory authority of the PICs (or plan and will accept it as complete if the goals of the WtW legislation and that the alternate administering agency) to plan demonstrates compliance with the methods and mechanisms established to Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61601 combine resources and mount a public or private, which is neither a PIC What Are the Application Procedures coordinated effort to serve WtW nor a political subdivision of a State. and Timeframes for Competitive Grant participants will necessarily vary The legislative intent, however, is that Funds? (§ 645.520) according to State/local needs and competitive grants are for projects The Secretary shall establish established relationships. In general, it which are community based and appropriate application procedures, is our view that, under the Act, the State responsive to the circumstances in a selection criteria and an approval has the primary responsibility for local community. Therefore, an process to ensure that grant awards ensuring that WtW programs are application for competitive grant funds accomplish the statutory purposes of the consistent with and well coordinated will be judged for its connection and competitive grant funds and that with services under TANF, and that responsiveness to a local community. available funds are used in an effective local entities are in the best position to Although the Department considers manner. We anticipate that more than decide the participants to be targeted local collaboration to be critical to the one application and award process will and the service mix most appropriate for development of a WtW proposal, in occur in each fiscal year of the WtW the participants. Consistent with some limited cases, providing evidence program. Grant application procedures statutory provisions, the State may not will be published in the Federal restrict PICs from exercising their of such a collaborative effort may not be possible. In these cases, where a private Register for each round of competitive authority to expend funds on the grants. statutorily eligible populations. PICs, entity cannot obtain certification from therefore, have authority to determine the PIC/political subdivision, the What Special Consideration Will Be the individuals to be served in the applicant must certify, and provide Given to Rural Areas and Cities With service delivery areas. information indicating, that the PIC/ Large Concentrations of Poverty? political subdivision has been provided (§ 645.525) Subpart E—Welfare-To-Work a sufficient opportunity to cooperate in Competitive Grants Competitive grant awards will be the development of the application and targeted to areas of significant need, Who Are Eligible Applicants for has not acted within a reasonable period especially rural areas and cities with Competitive Grant Funds? (§ 645.500) of time. The Department believes that 30 large concentrations of residents living days is a sufficient period of time in According to the Act, in order to be in poverty. which a private entity can expect a eligible to apply for competitive grant response from the PIC or political Subpart F—Administrative Appeal funds, an organization must be a PIC for subdivision. Process an SDA in a State, a political subdivision of a State (e.g., cities, This requirement applies to all PICs What Administrative Remedies Are counties), or a private entity applying in or political subdivisions included in the Available Under This Part? (§ 645.800) conjunction with the PIC or political area to be served by the proposed The WtW statute contains provisions subdivision. The proposal must be project. (e.g., those addressing the allowable use developed in consultation with the of funds) which contemplate the What Is the Required Consultation With Governor. The Department defines the exercise of discretion by ETA. It is the Governor? (§ 645.510) term ‘‘in conjunction with’’ to mean that reasonable to anticipate that there will the application submitted by a private All applicants for competitive grants, be instances where parties will seek to entity must include a signed including PICs and political overturn decisions made by the Agency. certification by both the applicant and subdivisions, must submit their This section sets the administrative either the applicable PIC or political application to the Governor or the procedures available where a party subdivision that the relevant PIC/ designated State administrative entity seeks review of a Grant Officer political subdivision has been consulted for the WtW program for review and determination that imposes a sanction during the development of the comment prior to submission of the or corrective action, pursuant to application and that the activities application to the Secretary. We have § 645.250(b) of this part. Paragraph (a) proposed in the application are defined sufficient time for review and provides that an adverse decision by a Grant Officer may be appealed, within consistent with, and will be coordinated comment at the State level to be at least 21 days of the Grant Officer’s final with, the WtW efforts of the PIC/ 15 days. For applications from private determination, to the Department of political subdivision. entities, the 15 day comment period We believe that this definition of ‘‘in Labor’s Office of Administrative Law must be consecutive to the 30 day conjunction with’’ provides sufficient Judges. The parties present their cases period for obtaining evidence of flexibility for private nonprofit entities, before an Administrative Law Judge collaboration and support from the PIC such as community development (ALJ) who develops the record for the or political subdivision. corporations, community-based and proceeding, making findings of fact and faith-based organizations, disability What Are the Program and of law. Such proceedings are relatively community organizations, community Administrative Requirements That informal, utilizing relaxed rules of action agencies, and public and private Apply to Both the Formula Grants and evidence. For example, a Notice of colleges and universities, to apply for Competitive Grants? (§ 645.515) Appeal functions simply as the funds, while ensuring that adequate invocation of a party’s right to coordination with the ongoing WtW The regulations indicate that all of the administrative review of an Agency formula program occurs. Our general program and administrative decision, rather than as a formal requirement for consultation and requirements that apply to the WtW complaint. certification reiterates the Department’s formula grants also apply to the Paragraph (b) of this section provides emphasis on collaboration and competitive grants. Competitive grants that the ALJ’s decision regarding a case integration of resources at the local will be subject to additional reporting arising under this section constitutes level. and monitoring requirements, however, final agency action for the purpose of We are also interpreting ‘‘private which will be tailored to the scope of judicial review, unless, within 20 days entity’’ to be any qualified organization, work of the specific grants. of the ALJ’s decision, a dissatisfied 61602 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations party petitions the Administrative TANF and JTPA programs. Further, ETA Interim Final Rule is not unduly Review Board (ARB) for review. Review has concluded that any such costs will burdensome and that the impacts and by the ARB is discretionary, so not place small entities at a consequences are non-material for paragraph (b) of this section provides disadvantage in relation to larger States, local governmental entities and that the ALJ’s decision constitutes final entities, with regard to obtaining other potentially interested parties. Agency action unless the ARB notifies formula grants or competitive grants. The Agency finds that this Interim the parties, within 30 days of the filing Therefore, it is unnecessary to set Final Rule raises novel policy issues of the petition for review, that the case alternative requirements for small and thus constitutes a significant has been accepted for review. Further, entities. regulatory action which has been the ALJ’s decision constitutes final In addition, pursuant to the Small reviewed by the Office of Management Agency action if the ARB has not Business Regulatory Fairness Act and Budget for the purposes of decided the case arising under this (SBREFA) (5 U.S.C. Chapter 8), the Executive Order 12866. Agency has screened the Interim Final section within 120 days of acceptance V. Unfunded Mandates for review. Rule and has determined that it is not a ‘‘major rule,’’ as defined in 5 U.S.C. The Interim Final Rule has been III. Regulatory Flexibility and 804(2). reviewed in accordance with the Executive Order Unfunded Mandates Reform Act of 1995 The Regulatory Flexibility Act of IV. Executive Order 12866 (UMRA) (2 U.S.C. 1501 et seq.) and 1980, as amended in 1996 (5 U.S.C. Pursuant to Executive Order 12866, Executive Order 12875. Section 202 of Chapter 6), requires the Federal the Agency has evaluated the Interim UMRA requires that a covered agency government to anticipate and minimize Final Rule and has determined its prepare a budgetary impact statement the impact of rules and paperwork provisions are consistent with the before promulgating a rule that includes requirements on small entities. ‘‘Small statement of regulatory philosophy and any Federal mandate that may result in entities’’ are defined as small businesses principles promulgated by the Executive the expenditure by State, local and (those with fewer than 500 employees, Order. The Department of Labor is Tribal governments, in the aggregate, or except where otherwise provided), required to prescribe regulations for the by the private sector, of $100 million or small non-profit organizations (those WtW program within 90 days of the more in any one year. with fewer than 500 employees, except enactment of the Balanced Budget Act If a covered agency must prepare a where otherwise provided) and small of 1997. Within this limited time frame, budgetary impact statement, section 205 governmental entities (those in areas the Department has made every of UMRA further requires that it select with fewer than 50,000 residents). ETA reasonable effort to obtain input in a the most cost-effective and least has assessed the potential impact of the purposeful manner from a variety of burdensome alternative that achieves draft Interim Final Rule, consulting with interested parties (State and local the objectives of the rule and is a wide range of small entities, in order government officials, community-based consistent with the statutory to identify any areas of concern. Based organizations, and the general public). requirements. In addition, section 203 of on that assessment, the Agency certifies The WtW grant program increases the UMRA requires a plan for informing and that the Interim Final Rule, as resources available to the public and advising any small government that may promulgated, will not have a significant private organizations that promote long- be significantly or uniquely impacted. impact on a substantial number of small term employment and family self- ETA has determined that the WtW entities. sufficiency. The Agency has determined Interim Final Rule will not regulate the As indicated in the Background the Interim Final Rule will not have an expenditure by the State, local, and Section (Section I, above), the WtW adverse effect in a material way on the Tribal governments, in the aggregate, or Interim Final Rule implements grant nation’s economy. by the private sector, of more than $100 programs that enhance the resources ETA has developed the Interim Final million in any one year (Tribal available to States and PICs or the Rule in close consultation with the governments are covered by a separate additional WtW financial resources Departments of HHS, HUD, and Interim Final Rule for which a separate targeted to hard-to-employ welfare Transportation, and with other Unfunded Mandates statement has been recipients and which will assist in responsible Federal agencies. Based on prepared). Accordingly, the Agency has efforts to move these individuals into that consultation, the Agency has not prepared a budgetary impact lasting unsubsidized jobs. determined the Interim Final Rule will statement, specifically addressed the ETA has minimized any potential not create a serious inconsistency or regulatory alternatives considered, or burdens for grant applicants and otherwise interfere with any action prepared a plan for informing and recipients in order to maximize the taken or planned by another agency. advising any significant or uniquely resources that will be applied to achieve The Agency has also assessed the impacted small government. the purposes of the WtW program. The impact of the WtW State match Agency has further ameliorated any requirement and has determined it will VI. Effective Date and Absence of foreseeable burdens by providing (at not materially alter the budgetary Notice and Comment § 645.235 of the Interim Final Rule) that impact of entitlements and grants. States The Employment and Training a grantee can allocate up to 15 percent will receive $2 dollars in WtW grant Administration has determined, of a grant award for management and funds for each $1 in State matching pursuant to 5 U.S.C. 553(b)(B), that the administration of the grant, rather than expenditures up to the State WtW fund statutory mandate to promulgate for the direct provision of services to allotment. Further, ETA has determined regulations within 90 days of the participants. The Agency has that up to 50 percent of the State enactment of the statute constitutes determined that the incremental costs of matching effort can be ‘‘in kind’’ (goods good cause for waiving notice and applying for or administering WtW and services provided in lieu of cash), comment proceedings. In addition, the grants will be minimal, because allowing the States additional flexibility Agency has determined, pursuant to 5 applicants and grantees will, in general, in qualifying for formula funds. U.S.C. 553(d)(3), that the WtW statutory already be familiar with the grant Overall, as discussed above, the mandate provides good cause for process due to involvement in existing Department has determined that the waiving the customary requirement to Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61603 delay the effective date of a final rule for 645.220 What activities are allowable under Subpart EÐWelfare-to-Work Competitive 30 days following its publication. The this part? Grants short statutory duration of the WtW 645.225 How do Welfare-to-Work activities 645.500 Who are eligible applicants for program underscores the importance of relate to activities provided through competitive grants? TANF and other related programs? beginning the disbursement of WtW 645.510 What is the required consultation funds at the earliest possible date. 645.230 What general fiscal and with the Governor? administrative rules apply to the use of 645.515 What are the program and Accordingly, the issuance of a proposed Federal funds? administrative requirements that apply rule, rather than an interim final rule, 645.233 What are the time limitations on (or delaying the effective date for 30 to both the formula grants and the expenditure of Welfare-to-Work grant competitive grants? days) would be contrary to the public funds? interest. The Interim Final Rule sets a 645.520 What are the application 645.235 What types of activities are subject procedures and timeframes for comment period to elicit any concerns to the administrative cost limit on competitive grant funds? Welfare-to-Work grants? raised by the Rule. ETA has limited the 645.525 What special consideration will be comment period to 60 days so that any 645.240 What are the reporting given to rural areas and cities with large input is received in time for the Agency requirements for Welfare-to-Work concentrations of poverty? to review it in considering any revisions programs? to Part 645 while the WtW program is 645.245 Who is responsible for oversight Subpart FÐAdministrative Appeal Process still in its early steps of operation. and monitoring of Welfare-to-Work 645.800 What administrative remedies are grants? available under this part? VII. Catalog of Federal Domestic 645.250 What procedures apply to the Authority: 42 U.S.C. 606(a)(5)(C)(viii). Assistance Number resolution of findings arising from audits, investigations, monitoring, and The program is listed in the Catalog oversight reviews? Subpart AÐScope and Purpose of Federal Domestic Assistance at No. 645.255 What nondiscrimination § 645.100 What does this subpart cover? 17.253, ‘‘Employment and Training protections apply to participants in Assistance—Welfare-to-Work Grants to Welfare-to-Work programs? (a) Subpart A establishes regulatory States & Local Entities for Hard-to- 645.260 What health and safety provisions provisions that apply to the Welfare-to- Employ Welfare Recipient Programs.’’ apply to participants in Welfare-to-Work Work (WtW) programs conducted at the programs? List of Subjects in 20 CFR Part 645 State and at the Service Delivery Area 645.265 What safeguards are there to ensure (SDA) levels. Employment programs, Grant that participants in Welfare-to-Work programs—labor, Welfare-to-Work employment activities do not displace (b) Subpart B provides general programs. other employees? program requirements applicable to all 645.270 What procedures are there to Signed at Washington, D.C., this 10th day WtW formula funds. The provisions of ensure that currently employed workers of November 1997. this subpart govern how WtW funds may file grievances regarding Alexis M. Herman, must be spent, who is eligible to displacement and that Welfare-to-Work participate in the program, allowable Secretary of Labor. participants in employment activities activities and their relationship to Raymond J. Uhalde, may file grievances regarding TANF, Governor’s projects for long-term Acting Assistant Secretary, Employment and displacement, health and safety Training Administration. standards and gender discrimination? recipients, administrative and fiscal provisions, and program oversight Subpart CÐAdditional Formula Grant For the reasons set forth in the requirements. This subpart also preamble, 20 CFR Ch. V is amended by Administrative Standards and Procedures addresses worker protections and the adding Part 645 to read as follows: 645.300 What constitutes an allowable establishment of a State grievance match? system. PART 645ÐPROVISIONS GOVERNING 645.310 What assurances must a State WELFARE-TO-WORK GRANTS provide that it will make the required (c) Subpart C sets forth additional matching expenditures? administrative standards and Subpart AÐScope and Purpose 645.315 What actions are to be taken if a procedures for WtW Formula Grants, Sec. State fails to make the required matching such as matching requirements and 645.100 What does this subpart cover? expenditures? reallotment procedures. 645.110 What are the purposes of the 645.320 When will formula funds be Welfare-to-Work program? reallotted, and what reallotment (d) Subpart D sets forth the conditions 645.120 What definitions apply to this part? procedures will the Secretary use? under which the Governor may request Subpart BÐGeneral Program and a waiver to designate an alternate Subpart DÐState Formula Grants Administrative Requirements administering agency, sets forth the Administration 645.200 What does this part cover? formula elements that must be included 645.210 What is meant by the terms 645.400 Under what conditions may the in the within-State distribution formula, ‘‘entity’’ and ‘‘project’’ in the statutory Governor request a waiver to designate the submission of a State annual plan, phrase ‘‘an entity that operates a project’’ an alternate local administering agency? the factors for measuring State with Welfare-to-Work funds? 645.410 What elements will the State use in performance, and the roles and distributing funds within the State? 645.211 How must Welfare-to-Work funds responsibilities of the States and the 645.415 What planning information must a be spent by the operating entity? Private Industry Councils (PICs). 645.212 Who may be served as a hard-to- State submit in order to receive a employ individual under the 70 percent formula grant? (e) Subpart E outlines general provision? 645.420 What factors will be used in conditions and requirements for the 645.213 Who may be served as an measuring State performance? WtW Competitive Grants. individual with long-term welfare 645.425 What are the roles and dependence characteristics under the 30 responsibilities of the State(s) and (f) Regulatory provisions applicable to percent provision? PIC(s)? the Indian and Native American 645.214 How will Welfare-to-Work Welfare-to-Work Program (INA WtW) participant eligibility be determined? are found at 20 CFR part 646. 61604 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

§ 645.110 What are the purposes of the based on a formula prescribed by the Needy Families Maintenance of Effort Welfare-to-Work Program? Act, which equally considers States’ requirement. The purposes of the WtW program shares of the national number of poor WtW means Welfare-to-Work. are: individuals and of adult recipients of WtW State means those States that the (a) To facilitate the placement of hard- assistance under TANF. The State is Secretary of Labor determines have met to-employ welfare recipients into required to distribute not less than 85 the five conditions established at transitional employment opportunities percent of the allotted formula grant Section 403(a)(5)(A)(ii) of the Act. Only which will lead to lasting unsubsidized funds to service delivery areas in the States that are determined to be WtW employment and self-sufficiency; State; and the State may retain not more States can receive WtW grant funds. (b) To provide a variety of activities, than 15 percent for projects to help WtW statute means those provisions grounded in TANF’s ‘‘work first’’ long-term recipients of assistance enter of the Balanced Budget Act of 1997 philosophy, to prepare individuals for, unsubsidized employment. Unless containing certain amendments to and to place them in, lasting otherwise specified, the term ‘‘formula PRWORA and establishing the new unsubsidized employment; grant’’ refers to the 85 percent and 15 Welfare-to-Work program, amending (c) To provide for a variety of post- percent funds. Title IV of the Social Security Act, employment and job retention services Governor means the Chief Executive (codified at 42 U.S.C. 601–619). which will assist the hard-to-employ Officer of a State. Subpart BÐGeneral Program and welfare recipient to secure lasting Job Training Partnership Act or JTPA Administrative Requirements unsubsidized employment; means Public Law (Pub. L.) 97–300, as (d) To provide targeted WtW funds to amended, 29 U.S.C. 1501, et seq. high poverty areas with large numbers § 645.200 What does this subpart cover? Minor child means an individual who of hard-to-employ welfare recipients. This subpart provides general has not attained 18 years of age; or has program and administrative § 645.120 What definitions apply to this not attained 19 years of age and is a full- requirements for WtW formula funds, part? time student in a secondary school (or including Governors’ funds for long- The following definitions apply under in the equivalent level of vocational or term recipients of assistance, and for this part: technical training). competitive grant funding (section Act means Title IV, Part A of the MOE means maintenance of effort. 403(a)(5) of the Act). Social Security Act, 42 U.S.C. 601–619. Under TANF, States are required to Adult means an individual who is not maintain a certain level of spending on § 645.210 What is meant by the terms a minor child. welfare based on ‘‘historic’’ FY 1994 ``entity'' and ``project'' in the statutory Chief Elected Official(s) (CEOs) expenditure levels (Section 409 (a)(7) of phrase ``an entity that operates a project'' with Welfare-to-Work funds? means: the Act). (1) The chief elected official of the PIC means a Private Industry Council The terms ‘‘entity’’ and ‘‘project’’, in sole unit of general local government in established under Section 102 of the Job the statutory phrase ‘‘an entity that the service delivery area, Training Partnership Act, which operates a project’’, means: (a) For WtW substate formula funds: (2) The individual or individuals performs the functions authorized at (1) ‘‘Entity’’ means the PIC (or the selected by the chief elected officials of Section 103 of the JTPA. alternate agency designated by the all units of general local government in PRWORA means the Personal such area as their authorized Governor and approved by the Secretary Responsibility and Work Opportunity pursuant to § 645.400 of this part) which representative, or Reconciliation Act of 1996, Public Law (3) In the case of a service delivery administers the WtW substate formula (Pub. L.) 104–193, which established the funds in a service delivery area(s). This area designated under section TANF program. 101(a)(4)(A)(iii) of JTPA, the entity is referred to in §§ 645.211 SDA means a service delivery area representative of the chief elected through 645.225 of this part as the designated by the Governor pursuant to official for such area (as defined in ‘‘operating entity.’’ section 101(a)(4) of the Job Training section 4(4)(C) of JTPA). (2) ‘‘Project’’ means all activities, Partnership Act. Competitive Grants means those WtW administrative and programmatic, Secretary means the Secretary of funds awarded by the Department under supported by the total amount of the Labor. a competitive application process to WtW substate formula funds allotted to local governments, PICs, and private Separate State program means a the entity described in paragraph (a)(1) entities (such as community program operated outside of TANF in of this section. development corporations, community- which the expenditures of State funds (b) For WtW Governors’ funds for based and faith-based organizations, may count for TANF MOE purposes. long-term recipients of assistance: disability community organizations, and State means the 50 States of the (1) ‘‘Entity’’ means the agency, group, community action agencies) who apply United States, the District of Columbia, or organization to which the Governor in conjunction with a PIC or local the Commonwealth of Puerto Rico, the has distributed any of the funds for government. US Virgin Islands, Guam, and American long-term recipients of assistance, as Department or DOL means the U.S. Samoa, unless otherwise specified. described in § 645.410 (b) and (c) of this Department of Labor. State TANF Program means those part. This entity is referred to in Employment activities means the funds expended under the State Family §§ 645.211 through 645.225 of this part activities enumerated at § 645.220(b). Assistance Grant (SFAG), the basic as the ‘‘operating entity.’’ ETA means the Employment and block grant allocated to the States under (2) ‘‘Project’’ means all activities, Training Administration of the U.S. Section 403(a)(1) of the Act. administrative and programmatic, Department of Labor. TANF means Temporary Assistance supported by the total amount of one Fiscal year (FY) means any 12-month for Needy Families Program established discrete award of WtW Governors’ funds period ending on September 30 of a under PRWORA. for long-term recipients of assistance calendar year. TANF MOE means the expenditure of awarded to the entity described in Formula grants means the WtW funds State funds that must be made in order paragraph (b)(1) of this section. allotted to each Welfare-to-Work State, to meet the Temporary Assistance for (c) For competitive WtW funds: Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61605

(1) ‘‘Entity’’ means an eligible (3) Length of receipt of TANF (a)(2) of this section, and who would be applicant, as described in § 645.500 of assistance—the individual must be a otherwise eligible to receive TANF this part, which is awarded a long-term recipient, meeting one of the assistance but is no longer receiving competitive WtW grant. This entity is following two criteria: TANF assistance because (s)he has referred to in §§ 645.211 through (i) Has received assistance under a reached either the Federal five-year 645.225 of this part as the ‘‘operating State TANF program, and/or its lifetime limit on receipt of assistance, or entity.’’ predecessor program, for at least 30 a State-imposed lifetime limit, is eligible (2) ‘‘Project’’ means all of the months. The months do not have to be to participate under the 30 percent activities, administrative and consecutive; or provision (section 403(a)(5)(C) of the programmatic, supported by the total (ii) Will become ineligible for Act). amount of one discrete WtW assistance within 12 months due to competitive grant awarded to the entity either Federal or State-imposed § 645.214 How will Welfare-to-Work participant eligibility be determined? described in paragraph (c)(1) of this durational time limits on receipt of section (section 403(a)(5)(C) of the Act). TANF assistance. This includes (a) The operating entity, as described individuals who have been exempted in §§ 645.210(a)(1), (b)(1), and (c)(1) of § 645.211 How must Welfare-to-Work from the durational limits due to this part, is accountable for ensuring funds be spent by the operating entity? hardship pursuant to section that WtW funds are spent only on (a) At least 70 percent of the WtW 408(a)(7)(C) of the Act, but would face individuals eligible for WtW projects. funds allotted to or awarded to an termination within 12 months without (b) The operating entity must ensure operating entity, as described in the exemption. that there are mechanisms in place to § 645.210 of this part, must be spent to (b) A noncustodial parent of a minor determine WtW eligibility for benefit hard-to-employ individuals, as is eligible to participate under the 70 individuals who are receiving TANF described in § 645.212 of this part. percent provision if the custodial parent assistance. These mechanisms: (b) Not more than 30 percent of the meets the eligibility requirements of (1) Must include arrangements with WtW funds allotted to or awarded to an paragraph (a) of this section. the TANF agency to ensure that a WtW operating entity, as described in (c) An individual who has barriers to eligibility determination is based on § 645.210 of this part, may be spent to employment, as specified in paragraph information, current at the time of the assist individuals with long-term (a)(2) of this section, and who would be WtW eligibility determination, about welfare dependence characteristics, as otherwise eligible to receive TANF whether an individual is receiving described in § 645.213 of this part. If assistance but is no longer receiving TANF assistance, pursuant to less than 30 percent of the funds is TANF assistance because (s)he has §§ 645.212(a)(1) and 645.213(a)(1) of spent to assist individuals with long- reached either the Federal five-year this part, the length of receipt of TANF term welfare dependence lifetime limit on receipt of assistance, or assistance, pursuant to § 645.212(a)(3)(i) characteristics, the remaining funds a State-imposed lifetime limit, is eligible of this part, and when an individual shall be spent to benefit hard-to-employ to participate under the 70 percent may become ineligible for assistance individuals pursuant to paragraph (a) of provision (section 403(a)(5)(C) of the pursuant to § 645.212(a)(3)(ii) of this this section (section 403(a)(5)(C)of the Act). part (section 403(a)(5)(A)(ii)(dd) of the Act). Act). § 645.213 Who may be served as an § 645.212 Who may be served as a hard- individual with long-term welfare (2) May include a determination of to-employ individual under the 70 percent dependence characteristics under the 30 WtW eligibility for barriers to provision? percent provision? employment, pursuant to § 645.212(a)(2) (a) An individual is eligible to be (a) An individual is eligible to be of this part, and for characteristics of served under the 70 percent provision if served under the 30 percent provision if long-term welfare dependence, pursuant (s)he meets all three of the criteria listed (s)he meets both criteria listed in to § 645.213(a)(2) of this part, based on in paragraphs (a)(1), (2), and (3) of this paragraphs (a)(1) and (2) of this section: information collected by the operating section: (1) The individual is receiving TANF entity or the TANF agency up to six (1) The individual is receiving TANF assistance; and months prior to the WtW eligibility assistance; and (2) The individual has characteristics determination. (2) Barriers to employment—at least associated with, or predictive of, long- (c) The operating entity must ensure two of the three following barriers to term welfare dependence, such as that there are mechanisms in place to employment must apply to the having dropped out of school, teenage determine WtW eligibility for individual: pregnancy, or having a poor work individuals who are not receiving TANF (i) Has not completed secondary history. States, in consultation with the assistance (i.e., noncustodial parents, school or obtained a certificate of operating entity, may designate pursuant to §§ 645.212(b) and general equivalency, and has low skills additional characteristics associated 645.213(b) of this part, and individuals in reading or mathematics. At least 90 with, or predictive of, long-term welfare who have reached the time limit on percent of individuals determined to dependence. receipt of TANF, pursuant to have low skills in reading or (b) A noncustodial parent of a minor §§ 645.212(c) and 645.213(c) of this mathematics must be proficient at the child is eligible to participate under the part). Mechanisms may include, but are 8.9 grade level or below. 30 percent provision if the noncustodial not limited to: (ii) Requires substance abuse parent has the characteristics specified (1) Using staff from the operating treatment for employment. in paragraph (a)(2) of this section, and entity to determine eligibility; (iii) Has a poor work history. At least the custodial parent is receiving TANF (2) Entering into agreements with 90 percent of individuals determined to assistance. local agencies such as the TANF agency have a poor work history must have (c) An individual who has and other appropriate agencies which worked no more than 3 consecutive characteristics associated with, or foster coordination and facilitate the months in the past 12 calendar months; predictive of, long-term welfare exchange of eligibility information and dependence, as specified in paragraph among parties at the local level; and/or 61606 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

(3) Performing joint eligibility individualized service strategy, and case organizations are required to follow determination with other appropriate management may be incorporated in the OMB Circular A–110 which is codified agencies, including the TANF agency. design of any of the allowable activities in the DOL regulations at 29 CFR part (d) Eligibility for WtW need not be listed in paragraphs (a) through (f) of 95. redetermined for an individual after the this section (section 403(a)(5)(C) of the (3) In addition to the requirements at individual begins to receive WtW Act). 29 CFR 95.48 and 29 CFR 97.36(i), services (section 403(a)(5)(C) of the Act). contracts or vouchers for job placement § 645.225 How do Welfare-to-Work services supported by funds provided § 645.220 What activities are allowable activities relate to activities provided under this part? through TANF and other related programs? for this program must include a provision to require that at least one- Entities operating WtW projects may (a) Activities provided through WtW 1 must be coordinated effectively at the half ( ⁄2) of the payment occur after an use WtW funds for the following: eligible individual placed into the (a) Job readiness activities financed State and local levels with activities workforce has been in the workforce for through job vouchers or through being provided through TANF (section six (6) months. This provision applies contracts with public or private 403(a)(5)(A)(vii)(II) of the Act). only to placement in unsubsidized jobs providers. (b) The operating entity must ensure (b) Employment activities which that there is an assessment of skills, (section 403(a)(5)(C)(i) of the Act). (4) In addition to the requirements at consist of any of the following: prior work experience, employability, (1) Community service programs; and other relevant information in place 29 CFR 95.42 and 29 CFR 97.36(b)(3) (2) Work experience programs; for each WtW participant. Where which address codes of conduct and (3) Job creation through public or appropriate, the assessment performed conflict of interest issues related to private sector employment wage by the TANF agency or JTPA should be employees, it is also required that: subsidies; and used for this purpose. (i) A PIC member shall neither cast a (4) On-the-job training. (c) The operating entity must ensure vote on, nor participate in, any decision (c) Job placement services financed that there is an individualized strategy making capacity on the provision of through job vouchers or through for transition to unsubsidized services by such member (or any contracts with public or private employment in place for each organization which that member providers, subject to the payment participant which takes into account directly represents), nor on any matter requirements at § 645.230(a)(3). participant assessments, including the which would provide any direct (d) Post-employment services TANF assessment and any JTPA financial benefit to that member or a financed through job vouchers or assessment. Where appropriate, the member of his immediate family. through contracts with public or private TANF individual responsibility plan (ii) Neither membership on the PIC providers, which are provided after an (IRP) or JTPA individual service strategy nor the receipt of WtW funds to provide individual is placed in one of the should be used for this purpose. training and related services shall be employment activities listed in (d) Coordination of resources should construed, by itself, to violate these paragraph (b) of this section, or in any include not only those available through conflict of interest provisions. other subsidized or unsubsidized job. WtW and TANF grant funds, and the (5) The addition method shall be Post-employment services include, but Child Care and Development Block required for the use of all program are not limited to, such services as: Grant, but also those available through income earned under WtW grants. The (1) Basic educational skills training; other related activities and programs cost of generating program income shall (2) Occupational skills training; such as the JTPA programs, the State be subtracted from the amount earned to (3) English as a second language employment service, One-Stop systems, establish the amount of program income training; and private sector employers, labor available for use under the grants. (4) Mentoring. organizations, business and trade (b) Audit requirements. All (e) Job retention services and support associations, education agencies, governmental and non-profit services which are provided after an housing agencies, community organizations are required to follow the individual is placed in a job readiness development corporations, audit requirements of OMB Circular A– activity, as specified in paragraph (a) of transportation agencies, community- 133.1 This requirement is imposed at 29 this section, in one of the employment based and faith-based organizations, CFR 97.26 for governmental activities, as specified in paragraph (b) disability community organizations, organizations and at 29 CFR 95.26 for of this section, or in any other community action agencies, and institutions of higher education, subsidized or unsubsidized job. These colleges and universities which provide hospitals, and other non-profit services can be provided with WtW some of the assistance needed by the organizations. funds only if they are not otherwise targeted population (section 402(a)(5)(A) (c) Allowable costs/cost principles. available to the participant. Job of the Act). The DOL regulations at 29 CFR 95.27 retention and support services include, and 29 CFR 97.22 identify the Federal but are not limited to, such services as: § 645.230 What general fiscal and administrative rules apply to the use of principles for determining allowable (1) Transportation assistance; costs which each kind of recipient and (2) Substance abuse treatment (except Federal funds? (a) Uniform fiscal and administrative subrecipient must follow. For those that WtW funds may not be used to selected items of cost requiring prior provide medical treatment); requirements. (1) State, local, and Indian tribal government organizations approval, the authority to grant or deny (3) Child care assistance; approval is delegated to the Governor. (4) Emergency or short term housing are required to follow the common rule (1) State, local, and Indian tribal assistance; and ‘‘Uniform Administrative Requirements government organizations must (5) Other supportive services. for Grants and Cooperative Agreements (f) Individual development accounts to State and Local Governments’’ which determine allowability of costs in which are established in accordance is codified in the DOL regulations at 29 1 OMB Circulars are available from: Executive with section 404 (h) of the Act. CFR part 97. Office of the President Publications Service, 725 (g) Intake, assessment, eligibility (2) Institutions of higher education, 17th Street NW, Suite G–2200, Washington, DC determination, development of an hospitals, and other non-profit 20503; 202–395–7332. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61607 accordance with the provisions of OMB § 645.233 What are the time limitations on salaries and related costs of the Circular A–87, ‘‘Cost Principles for State the expenditure of Welfare-to-Work grant executive director, WtW director, and Local Governments.’’ funds? project director, personnel officer, fiscal (2) Non-profit organizations must (a) Formula grant funds. The officer/bookkeeper, purchasing officer, determine allowability of costs in maximum time limit for the expenditure secretary, payroll/insurance/property accordance with OMB Circular A–122, of a given fiscal year allotment is three clerk and other costs associated with ‘‘Cost Principles for Non-Profit years from the effective date of the carrying out administrative functions; Organizations.’’ Federal grant award to the State. The (ii) Preparing program plans, budgets, (3) Institutions of higher education maximum time limit will be allowed schedules, and amendments thereto; must determine allowability of costs in and will be specified in the (iii) Monitoring of programs, projects, accordance with OMB Circular A–21, Department’s formula grant document subrecipients, and related systems and ‘‘Cost Principles for Education for each fiscal year of funds provided to processes; Institutions.’’ the State. Any remaining funds that (iv) Procurement activities, including (4) Hospitals must determine have not been expended at the end of the award of specific subgrants, allowability of costs in accordance with the expenditure period must be returned contracts, and purchase orders; the provisions of appendix E of 45 CFR to the Department in accordance with (v) Providing State or local officials part 74, ‘‘Principles for Determining the applicable closeout procedures for and the general public with information Costs Applicable to Research and formula grants. about the program (public relations); Development Under Grants and (b) Competitive grant funds. The (vi) Developing systems and Contracts with Hospitals.’’ maximum time limit for the expenditure procedures, including management (5) Commercial organizations and of these funds is three years from the information systems (except as provided those non-profit organizations listed in effective date of award, but will, in all in paragraph (c)(3) of this section), for Attachment C to OMB Circular A–122 cases, be determined by the grant period assuring compliance with program must determine allowability of costs in and the terms and conditions specified requirements; accordance with the provisions of the in the Federal grant award agreement (vii) Preparing reports and other Federal Acquisition Regulation (FAR), (including any applicable grant documents related to the program at 48 CFR part 31. modification documents). Any requirements; (d) Government-wide debarment and remaining funds that have not been (viii) Coordinating the resolution of suspension, and government-wide drug- expended at the end of the approved audit findings; free workplace requirements. All WtW grant period must be returned to the (ix) Evaluating program results against grant recipients and subrecipients are Department in accordance with the stated objectives; and required to comply with the applicable closeout procedures for (x) Performing administrative government-wide requirements for competitive grants (section services, including such services as debarment and suspension, and the 503(a)(5)(C)(vii) of the Act). general legal services, accounting government-wide requirements for a services, audit services; and managing drug-free workplace which are codified § 645.235 What types of activities are purchasing, property, payroll, and in the DOL regulations at 29 CFR part subject to the administrative cost limit on personnel; 98. Welfare-to-Work grants? (2) Except as provided at paragraph (e) Restrictions on lobbying. All WtW (a) Administrative cost limitation (c)(3) of this section, costs for goods and grant recipients and subrecipients are (section 404(b)(1)). (1) Formula grants to services required for administration of required to comply with the restrictions States. Expenditures for administrative the program, including such goods and on lobbying which are codified in the purposes under WtW formula grants to services as rental or purchase of DOL regulations at 29 CFR part 93. States are limited to fifteen percent equipment, utilities, office supplies, (f) Nondiscrimination. All WtW grant (15%) of the grant award. postage, and rental and maintenance of recipients and subrecipients are (2) Competitive grants. The limitation office space; required to comply with the on expenditures for administrative (3) The costs of organization-wide nondiscrimination provisions which are purposes under WtW competitive grants management functions; and codified in the DOL regulations at 29 will be specified in the grant agreement (4) Travel costs incurred for official CFR parts 31 and 32. In addition, but in no case shall the limitation be business in carrying out program recipients of WtW grants who are also more than fifteen percent (15%) of the management or administrative recipients under JTPA are required to grant award. activities. comply with 20 CFR part 34. For (b) The costs of administration are (5) These Interim Final WtW purposes of this paragraph, the term that allocable portion of necessary and regulations adopt the description of the ‘‘recipient’’ has the same meaning as the allowable costs associated with the term ‘‘Administrative Costs’’ found in term is defined in 29 CFR parts 31, 32, overall management and administration the JTPA regulations at 29 CFR 627.440 and 34. Participant rights related to of the WtW program and which are not to minimize the burden on PICs. The nondiscrimination may be found at directly related to the provision of Secretary reserves the right to change § 645.255 of this part. services to participants. These costs can the definition to be consistent with the (g) Nepotism. (1) No individual may be both personnel and non-personnel TANF definition when final TANF be placed in a WtW employment and both direct and indirect. Costs of regulations are issued. activity if a member of that person’s administration shall include: (c) Other cost classification guidance. immediate family is engaged in an (1) Except as provided in paragraph (1) Personnel and related non-personnel administrative capacity for the (c)(1) of this section, costs of salaries, costs of the recipient’s or subrecipient’s employing agency. wages, and related costs of the staff, including project directors, who (2) To the extent that an applicable recipient’s, subrecipient’s or PIC’s staff perform both administrative and State or local legal requirement engaged in: programmatic services or activities may regarding nepotism is more restrictive (i) Overall program management, be allocated to the benefitting cost than this provision, such State or local program coordination, and general objectives/categories based on requirement shall be followed. administrative functions, including the documented distributions of actual time 61608 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations worked or other equitable cost kept on the accrual basis of accounting, investigations or reviews conducted allocation methods. the recipient shall develop accrual under nondiscrimination laws shall be (2) Indirect or overhead costs information through an analysis of the resolved in accordance with those laws normally shall be charged to documentation on hand. and the applicable implementing administration, except that specific (d) Due date. Financial reports will be regulations. costs charged to an overhead or indirect due no later than 45 days after the end cost pool that can be identified directly of each quarter. A final financial report § 645.255 What nondiscrimination with a cost objective/category other than is required 90 days after the expiration protections apply to participants in Welfare- to-Work programs? administration may be charged to the of a funding period or the termination cost objective/category directly of grant support. (a) All participants in WtW programs benefitted. Documentation of such (e) Optional SPIR Reporting. DOL may under this part shall have such rights as charges shall be maintained. also provide instructions for an optional are available under all applicable (3) The costs of information modified SPIR for internal program Federal, State and local laws prohibiting technology—computer hardware and management (section 411(a) of the Act). discrimination including: software—needed for tracking or § 645.245 Who is responsible for oversight (1) The Age Discrimination Act of monitoring under a WtW grant shall not and monitoring of Welfare-to-Work grants? 1975 (42 U.S.C. 6101 et seq.); be charged to the administration of the (a) The Secretary may monitor all (2) Section 504 of the Rehabilitation grant (section 404(b)(2) of the Act). Act of 1973 (29 U.S.C. 794); Only the costs of information recipients and subrecipients of all grants technology that is ‘‘year 2000 awarded and funds expended under (3) The Americans with Disabilities compliant’’ shall be allowable under WtW. Federal oversight will be Act of 1990 (42 U.S.C. 12101 et seq.); WtW grants. To meet this requirement, conducted primarily at the State level and information technology must be able to for formula grants and at the recipient (4) Title VI of the Civil Rights Act of accurately process date/time data level for competitive grants. 1964 (42 U.S.C. 2000d et seq.). (b) The Governor shall monitor PICs (including, but not limited to, (b) Complaints alleging (or other approved administrative calculating, comparing and sequencing) discrimination in violation of any entities) funded under the State’s from, into and between the twentieth applicable Federal, State or local law, formula allocated grants on a periodic and twenty-first centuries, and the years including those listed in paragraph (a) basis for compliance with applicable 1999 and 2000. The information of this section, shall be processed in laws and regulations. The Governor technology must also be able to make accordance with those laws and the shall develop and make available for leap year calculations. Furthermore, implementing regulations. review a State monitoring plan. ‘‘year 2000 compliant’’ information (c) Questions about or complaints technology when used in combination § 645.250 What procedures apply to the alleging a violation of the with other information technology shall resolution of findings arising from audits, nondiscrimination laws in paragraph (a) accurately process date/time data if the investigations, monitoring and oversight of this section may be directed or reviews? other information technology properly mailed to the Director, Civil Rights exchanges date/time data with it. (a) Resolution of subrecipient level Center, U.S. Department of Labor, Room findings. (1) The Governor is § 645.240 What are the reporting N4123, 200 Constitution Avenue, NW, responsible for the resolution of Washington, D.C. 20210 for processing. requirements for Welfare-to-Work findings that arise from the State’s programs? (d) Participants in job readiness and monitoring reviews, investigations and employment activities operated with (a) General. All States and other direct audits (including OMB Circular A–133 WtW funds, as defined in § 645.220 of grant recipients shall report pursuant to audits) of subrecipients. instructions issued by DOL (financial (2) A State shall utilize the audit this part, shall not be discriminated data) and by DHHS (participant data resolution, debt collection and appeal against because of gender. Participants only). Reports shall be submitted no procedures that it uses for other Federal alleging gender discrimination may file more frequently than quarterly within a grant programs. a complaint using the State’s grievance time period specified in the reporting (3) If a State does not have such system procedures as described in instructions. In addition, DOL will procedures, it shall prescribe standards § 645.270 of this part (section establish supplemental reporting and procedures to be used for this grant 403(a)(5)(J)(iii) of the Act). requirements for competitive grant program. § 645.260 What health and safety recipients through the grant agreements (b) Resolution of State level findings. provisions apply to participants in Welfare- pursuant to § 645.515 of this part. (1) The Secretary is responsible for the to-Work programs? (b) Subrecipient reporting. A State or resolution of findings that arise from other direct grant recipient may impose federal audits, monitoring reviews, (a) Participants in an employment different forms or formats, shorter due investigations, incident reports, and activity operated with WtW funds, as dates, and more frequent reporting recipient level OMB Circular A–133 defined in § 645.220 of this part, are requirements on subrecipients. audits. subject to the same health and safety However, the recipient is required to (2) The Secretary will use the DOL standards established under State and meet the reporting requirements audit resolution process, consistent with Federal law which are applicable to imposed by DOL and DHHS. the Single Audit Act of 1996 and OMB similarly employed employees, of the (c) Financial reports. Financial Circular A–133. same employer, who are not reports shall be submitted to DOL by (3) A final determination issued by a participants in programs under WtW. each grant recipient. Reported grant officer pursuant to this process (b) Participants alleging a violation of expenditures and program income must may be appealed to the DOL Office of these health and safety standards may be on the accrual basis of accounting Administrative Law Judges under the file a complaint pursuant to the and cumulative by fiscal year of procedures at § 645.800. procedures contained in § 645.270 of appropriation. If the recipient’s (c) Resolution of nondiscrimination this part (section 403(a)(5)(J)(ii) of the accounting records are not normally findings. Findings arising from Act). Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61609

§ 645.265 What safeguards are there to violates any of the prohibitions one (1) dollar of State match ensure that participants in Welfare-to-Work described in §§ 645.255(d), 645.260, or expenditures, up to the amount employment activities do not displace other 645.265 of this part. available for allotment to the State based employees? (b) Such grievance procedure should on the State’s percentage for WtW (a) An adult participating in an include an opportunity for informal formula grant for the fiscal year. The employment activity operated with resolution. State is not required to provide a level WtW funds, as described in § 645.220 of (c) If no informal resolution can be of match necessary to support the total this part, may fill an established reached within the specified time as amount available to it based on the position vacancy subject to the established by the State as part of its State’s percentage for WtW formula limitations in paragraph (c) of this grievance procedure, such procedure grant. However, if the proposed match section. shall provide an opportunity for the is less than the amount required to (b) An employment activity operated dissatisfied party to receive a hearing support the full level of federal funds, with WtW funds, as described in upon request. the grant amount will be reduced § 645.220 of this part, shall not violate (d) The State shall specify the time accordingly (section 403(a)(5)(A)(i)(I) of existing contracts for services or period and format for the hearing the Act). collective bargaining agreements. Where portion of the grievance procedure, as (b) States shall follow the match or such an employment activity would well as the time period by which the cost-sharing requirements of the violate a collective bargaining complainant will be provided the ‘‘Common Rule’’ Uniform agreement, the appropriate labor written decision by the State. Administrative Requirements for Grants organization and employer shall provide (e) A decision by the State under and Cooperative Agreements to State written concurrence before the paragraph (d) of this section may be and Local Governments (codified for employment activity is undertaken. appealed by any dissatisfied party DOL at 29 CFR 97.24). Paragraphs (b)(1) (c) An adult participating in an within 30 days of the receipt of the (i) and (ii), (b)(3), (b)(4) and (c)(1) of this employment activity operated with State’s written decision, according to section are in addition to the common WtW funds, as described in § 645.220 of the time period and format for the rule requirements. Also, paragraphs this part, shall not be employed or appeals portion of the grievance included in the common rule which assigned: procedure as specified by the State. relate to the use of donated buildings (1) When any other individual is on (f) The State shall designate the State and other real property as match have layoff from the same or any agency which will be responsible for been excluded from this provision. substantially equivalent job within the hearing appeals. This agency shall be (1) Only costs that would be allowable same organizational unit; independent of the State or local agency (2) If the employer has terminated the if paid for with WtW grant funds will be which is administering, or supervising employment of any regular, accepted as match. the administration of the State TANF unsubsidized employee or otherwise (i) Because the use of Federal funds is and WtW programs. caused an involuntary reduction in its prohibited for construction or purchase (g) No later than 120 days of receipt of facilities or buildings except where workforce with the intention of filling of an individual’s original grievance, the the vacancy so created with the WtW there is explicit statutory authority State agency, as designated in paragraph permitting it, costs incurred for the participant; and, (f) of this section, shall provide a (3) If the employer has caused an construction or purchase of facilities or written final determination of the involuntary reduction to less than full buildings shall not be acceptable as individual’s appeal. time in hours of any employee in the match for a WtW grant. (h) The grievance procedure shall same or substantially equivalent job (ii) Because the costs of construction include remedies for violations of within the same organizational unit. or purchase of facilities or buildings are (d) Regular employees and program §§ 645.255(d), 645.260, and 645.265 of unallowable as match, the donation of a participants alleging displacement may this part which may continue during the building or property as a third party in- file a complaint pursuant to § 645.270 of grievance process and which may kind contribution is also unallowable as this part (section 403(a)(5)(J)(i) of the include: a match for a WtW grant. (1) Suspension or termination of Act). (2) A match or cost-sharing payments from funds provided under requirement may be satisfied by either § 645.270 What procedures are there to this part; or both of the following: ensure that currently employed workers (2) Prohibition of placement of a WtW (i) Allowable costs incurred by the may file grievances regarding displacement participant with an employer that has grantee, subgrantee or a cost type and that Welfare-to-Work participants in violated §§ 645.255(d), 645.260, and employment activities may file grievances contractor under the assistance 645.265 of this part; agreement. This includes allowable cost regarding displacement, health and safety (3) Where applicable, reinstatement of standards and gender discrimination? borne by non-Federal grants or by others an employee, payment of lost wages and and cash donations from non-Federal (a) The State shall establish and benefits, and reestablishment of other maintain a grievance procedure for third parties. relevant terms, conditions, and (ii) The value of third party in-kind resolving complaints from: privileges of employment; and (1) Regular employees that the contributions applicable to the FY (4) Where appropriate, other equitable period to which the cost-sharing or placement of a participant in an relief (section 403(a)(5)(J)(iv) of the Act). employment activity operated with matching requirement apply. WtW funds, as described in § 645.220 of Subpart CÐAdditional Formula Grant (3) No more than one-half (1⁄2) of the this part, violates any of the Administrative Standards and total match expenditures may be in the prohibitions described in § 645.265 of Procedures form of third party in-kind this part; and contributions. (2) Program participants in an § 645.300 What constitutes an allowable (4) Match expenditures must be employment activity operated with match? recorded in the books of account of the WtW funds, as described in § 645.220 of (a) A State is entitled to receive two entity that incurred the cost or received this part, that any employment activity (2) dollars of Federal funds for every the contribution. These amounts may be 61610 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations rolled up and reported as aggregate State (8) Special standards for third party valued at the market value of the level match. in-kind contributions. (i) Third party in- supplies at the time of donation. (c) Qualifications and exceptions. (1) kind contributions count towards (2) If a third party donates the use of The matching requirements may not be satisfying a cost-sharing or matching equipment or space in a building but met by the use of an employer’s share requirement only where, if the party retains title, the contribution will be of participant wage payments (e.g., receiving the contributions were to pay valued at the fair rental rate of the employer share of OJT wages). for them, the payments would be equipment or space. (2) Costs borne by other Federal grant allowable costs. agreements. A cost-sharing or matching (ii) Some third party in-kind § 645.310 What assurance must a State requirement may not be met by costs contributions are goods and services provide that it will make the required matching expenditures? borne by another Federal grant. This that, if the grantee, subgrantee, or prohibition does not apply to income contractor receiving the contribution In its State plan, a State must provide earned by a grantee or subgrantee from had to pay for them, the payments a written estimate of planned matching a contract awarded under another would have been an indirect costs. Cost expenditures and describe the process Federal grant. sharing or matching credit for such by which the funds will be tracked and (3) General revenue sharing. For the contributions shall be given only if the reported to ensure that the State meets purpose of this section, general revenue grantee, subgrantee, or contractor has its projected match (section sharing funds distributed under 31 established, along with its regular 403(a)(5)(A)(i)(I) of the Act). U.S.C. 6702 are not considered Federal indirect cost rate, a special rate for § 645.315 What actions are to be taken if grant funds. allocating to individual projects or a State fails to make the required matching (4) Cost or contributions counted programs the value of the contributions. expenditures? towards other Federal cost-sharing (iii) A third party in-kind contribution (a) The Department will implement an requirements. Neither costs nor the to a fixed-price contract may count annual reconciliation and grant values of third party in-kind towards satisfying a cost-sharing or adjustment for WtW grants. contributions may count towards matching requirement only if it results (1) The reconciliation will be based satisfying a cost-sharing or matching in: on reported match expenditures through requirement of a grant agreement if they (A) An increase in the services or the end of the FY report, which is due have been or will be counted towards property provided under the contract 45 days after the end of the fiscal year. satisfying a cost-sharing or matching (without additional cost to the grantee (2) If the end of FY report has not requirement of another Federal grant or subgrantee) or been received by December 1 of that agreement, a Federal procurement (B) A cost savings to the grantee or year, then the reconciliation will be contract, or any other award of Federal subgrantee. based on the most current report funds. (iv) The values placed on third party received. (5) Costs financed by program in-kind contributions for cost-sharing or (b) If match expenditures do not income. Costs financed by program matching purposes will conform to the satisfy the requirement of the FY grant, income, as defined in 29 CFR 97.25, rules in the succeeding sections of this the subsequent FY grant amount will be shall not count towards satisfying a part. If a third party in-kind reduced by the appropriate cost-sharing or matching requirement contribution is a type not treated in corresponding amount (i.e., the grant unless they are expressly permitted in those sections, the value placed upon it will reduced by two (2) dollars for each the terms of the assistance agreement. shall be fair and reasonable. one (1) dollar shortfall in State matching (This use of general program income is (d) Valuation of donated services. (1) funds). described in § 97.25(g)). Volunteer services. Unpaid services (6) Services or property financed by provided to a grantee or subgrantee by § 645.320 When will formula funds be income earned by contractors. individuals will be valued at rates reallotted, and what reallotment procedures Contractors under a grant may earn consistent with those ordinarily paid for will the Secretary use? income from the activities carried out similar work in the grantee’s or (a) No reallotment of funds among under the contract in addition to the subgrantee’s organization. If the grantee States will occur during FY 98; amounts earned from the party or subgrantee does not have employees (b) For subsequent fiscal years, a awarding the contract. No costs of performing similar work, the rates will reconciliation will be made during the services or property supported by this be consistent with those ordinarily paid first quarter of the fiscal year under income may count toward satisfying a by other employers for similar work in § 645.315 of this part to determine cost-sharing or matching requirement the same labor market. In either case, a whether or not a State has satisfied its unless other provisions of the grant reasonable amount for fringe benefits required level of matching funds for the agreement expressly permit this kind of may be included in the valuation. prior year. income to be used to meet the (2) Employees of other organizations. (c) If a State has failed to expend the requirement. When an employer other than a grantee, required level of matching funds, the (7) Records. Costs and third party in- subgrantee, or cost-type contractor required reduction in the State grant kind contributions counting towards furnishes free of charge the services of will be made during the second quarter satisfying a cost-sharing or matching an employee in the employee’s normal of the fiscal year. requirement must be verifiable from the line of work, the services will be valued (d) Also, any funds which become records of grantees and subgrantee or at the employee’s regular rate of pay available as a result of cost-type contractors. These records exclusive of the employee’s fringe underexpenditures of required match, or must show how the value placed on benefits and overhead costs. If the failure to obligate 100 percent of the third party in-kind contributions was services are in a different line of work, funds by either States or substate derived. To the extent feasible, paragraph (d)(1) of this section applies. entities by the end of the fiscal year of volunteer services will be supported by (e) Valuation of third party donated the grant, will be reallotted among the same methods that the organization supplies and loaned equipment or qualifying States (i.e., those which have uses to support the allocability of space. (1) If a third party donates committed a sufficient match to qualify regular personnel costs. supplies, the contribution will be for additional funds). The reallotment Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61611 will occur during the second quarter of § 645.410 What elements will the State use the process described at paragraph the following fiscal year (section in distributing funds within the State? (a)(4)of this section, shall also be 403(a)(5)(A)(i)(I) of the Act). (a) Of the WtW funds allotted to the available to be used to fund projects to State, not less than 85 percent of the help long-term recipients of assistance Subpart DÐState Formula Grants State allotment must be distributed to enter unsubsidized jobs. Administration the SDAs in the State. (c) The Governors may distribute the (1) The State shall prescribe a formula funds retained pursuant to paragraph (b) § 645.400 Under what conditions may the Governor request a waiver to designate an for determining the amount of funds to of this section to a variety of workforce alternate local administering agency? be distributed to each SDA in the State organizations, in addition to PICs, and using no factors other than the three other entities such as One-Stop systems, (a)(1) The Governor may include in factors described in paragraphs (a)(2) private sector employers, labor the State’s WtW Plan a waiver request and (3) of this section; organizations, business and trade to select an agency other than the PIC (2) The formula prescribed by the associations, education agencies, to administer the program for one or Governor must include as one of the housing agencies, community more SDAs in a State; or formula factors for distributing funds development corporations, (2) When the Governor determines the the provision at section transportation agencies, community- PIC, or alternative agency, has not 403(a)(5)(A)(vi)(I)(aa) of the Act. The based and faith-based organizations, coordinated its expenditures with the Governor is to distribute funds to an disability community organizations, expenditure of funds provided to the SDA based on the number by which the community action agencies, and State under TANF, pursuant to section population of the area with an income colleges and universities which provide 403(a)(5)(A)(vii)(II) of the Act, the that is less than the poverty line exceeds some of the assistance needed by the Governor shall request a waiver. 7.5 percent of the total population of the targeted population. area, compared to all such numbers in (b) The Governor shall bear the § 645.415 What planning information must burden of proving that the designated all such areas in the State. The Governor a State submit in order to receive a formula alternative agency, rather than the PIC must assign a weight of not less than 50 grant? or other administering agency, would percent to this factor; (a) Each State seeking financial (3) The Governor shall distribute the improve the effectiveness or efficiency assistance under the formula grant remaining funds, if any, to the SDAs of the administration of WtW funds in portion of the WtW legislation must utilizing only one or both of the the SDA. The Governor’s waiver request submit an annual plan meeting the following factors: shall include information to meet that requirements prescribed by the (i) The SDA’s share of the number of burden. The Governor shall provide a Secretary. This plan shall be in the form adults receiving assistance under TANF copy of the waiver request and any of an addendum to the TANF State plan or the predecessor program in the SDA supporting information submitted to the and shall be submitted to the Secretaries for 30 months or more (whether Secretary to the PIC and CEO of the SDA of Labor and Health and Human consecutive or not), relative to the for which an alternative administering Services. number of such adults residing in the agency is requested. (b) The Secretary shall review the State; State plan for compliance with the (c) The PIC and CEO shall have fifteen (ii) The SDA’s share of the number of statutory and regulatory provisions of (15) days in which to submit his or her unemployed individuals residing in the the WtW program. The Secretary’s written response to the Department. The SDA, relative to the number of such PIC and CEO shall provide a copy of decision whether to accept a State plan individuals residing in the State. as in compliance with the Act shall such response to the Governor. (4) If the amount to be distributed to constitute final agency action. (d) The Secretary will assess the a service delivery area by the Governor’s (c) If the Governor has requested a waiver information submitted by the formula is less than $100,000, the funds waiver to permit the selection of an Governor, including input from the PIC shall be available to be used by the alternative administering agency in the and CEO in reaching the decision Governor to fund projects described at State plan, the provisions of § 645.400 of whether to permit the use of an alternate paragraph (b) of this section. this part shall apply (section administrative agency. (5) States shall use the guidance 403(a)(5)(A)(ii) of the Act). (e) The Secretary shall approve a provided at section 403(a)(5)(D) of the waiver request if she determines that the Act in determining the number of § 645.420 What factors will be used in measuring State performance? Governor has established that the individuals with an income that is less designated alternative administering than the poverty line. (a) State performance will be agency, rather than the PIC or other (6) PICs (or alternate administering measured by a formula issued by the administering agency, will improve the agency) shall determine, pursuant to Secretary after consultation with DHHS, effectiveness or efficiency of the section 403(a)(5)(A)(vii)(I) of the Act, on the National Governors Association administration of WtW funds provided which individual(s) and on which (NGA) and the American Public Welfare for the benefit of the SDA. allowable activities to expend its WtW Association (APWA). fund allocation. (b) The formula shall be the basis for (f) Where an alternate administering (7) The State shall distribute the measuring the success of States in agency is approved by the Secretary, SDAs’ allocations in a timely manner, placing individuals in private sector such administrative entity shall but not later than 30 days from receipt employment or any kind of coordinate with the CEO for the of the State’s fund allotment. employment, the duration of such applicable SDA(s) regarding the (b) Of the funds allocated to the State, placements, any increase in earnings of expenditure of WtW grant funds in the up to 15 percent of the funds may be such individuals and other additional SDA(s). retained at the State level to fund factors that the Secretary of Labor deems (g) The decision of the Secretary to projects that appear likely to help long- to be appropriate. The formula will approve or deny a waiver request will term recipients of assistance enter provide for adjustments due to general be issued promptly and shall constitute unsubsidized employment. Any economic conditions on a State-by-State final agency action. additional funds available as a result of basis. 61612 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

(c) The formula shall serve as the consistent with § 645.510 of this part agencies, and public and private basis for the award of FY 2000 bonus (section 403(a)(5)(B)(ii)); colleges and universities, and other grants based on successful performance (12) Cooperates with the Department qualified private organizations. (section 403(a)(5)(E) of the Act). of Health and Human Services on the (b) Entities other than a PIC or a evaluation of WtW programs (section political subdivision of the State must § 645.425 What are the roles and 403(a)(5)(A)(ii)(III)); submit an application for competitive responsibilities of the State(s) and PIC(s)? (13) Provides technical assistance to grant funds in conjunction with the (a) State roles and responsibilities. A PICs or alternate administering agencies; applicable PIC or political subdivision. State: and (1) The term ‘‘in conjunction with’’ (1) Designates State WtW (14) Establishes internal reporting shall mean that the application administering agency; requirements to ensure Federal reports submitted by such an entity must (2) Provides overall administration of are accurate, complete and are include a signed certification by both WtW funds, consistent with the WtW submitted on a timely basis, consistent the applicant and either the applicable statute, WtW regulations and the State’s with § 645.240 of this part. PIC or political subdivision that: WtW Plan; (b) Private Industry Council (or (i) The applicant has consulted with (3) Develops the State WtW Plan in alternate administering agency) roles the applicable PIC/political subdivision consultation and coordination with and responsibilities. A PIC: during the development of the appropriate entities in substate areas, (1) Has sole authority, in coordination application; and such as One-Stop systems, private sector with CEOs, to expend formula funds (ii) The activities proposed in the employers, labor organizations, business (section 403(a)(5)(A)(vii)(I) of the Act); application are consistent with, and will and trade associations, education (2) Has authority to determine the be coordinated with, WtW efforts of the agencies, housing agencies, community individuals to be served in the SDA PIC/political subdivision. development corporations, (section 403(a)(5)(A)(vii)(I)); (2) If the applicant is unable to transportation agencies, community- (3) Has authority to determine the include such a certification in its based and faith-based organizations, services to be provided in the SDA application, the applicant will be disability community organizations, (section 403(a)(5)(A)(vii)(I)); required to certify, and provide community action agencies, and (4) Ensures funds are expended on information indicating that efforts were colleges and universities which provide eligible recipients and on allowable undertaken to consult with the PIC/ some of the assistance needed by the activities, consistent with political subdivision and that the PIC/ targeted population (section § 645.410(a)(5) of this part; political subdivision was provided a 403(a)(5)(A)(ii)(I)(cc) of the Act); (5) Coordinates WtW fund sufficient opportunity to cooperate in (4) Distributes funds to SDAs, expenditures with State TANF the development of the project plan and consistent with the provisions described expenditures and other programs to review and comment on the at § 645.410(a) (section (section 403(a)(5)(A)(ii)(dd)); application prior to its submission to 403(a)(5)(A)(ii)(I)(bb)); (6) Ensures that there is an assessment the Secretary. ‘‘Sufficient opportunity (5) Conducts oversight and and an individual service strategy in for PIC/political subdivision review and monitoring of WtW activities and fund place for each WtW participant, comment’’ shall mean at least 30 expenditures at the State and local consistent with §§ 645.225(a) and (b) of calendar days. levels for compliance with applicable this part; (3) The certification described in laws and regulations, consistent with (7) Conducts oversight and paragraph (b)(1) of this section, or the the provisions at § 645.245 and provides monitoring of subrecipients, consistent evidence of efforts to consult described technical assistance as appropriate; with the provisions at § 645.245 of this in paragraph (b)(2), must be with each (6) Ensures coordination of PIC fund part; PIC or political subdivision included in expenditures with the State TANF (8) Ensures worker protection the geographic area in which the project expenditures and other programs provisions and grievance process are proposed in the application is to operate (section 403(a)(5)(A)(ii)(I)(dd)); observed, consistent with State (section 403(a)(5)(B)(ii) of the Act). (7) Determines whether to request guidelines (section 403(a)(5)(J)); and waivers to select an alternate § 645.510 What is the required (9) Consults with and provides consultation with the Governor? administering agency consistent with comments on private entity Competitive the provisions described at § 645.400 of Grant Application(s), consistent with (a) All applicants for competitive this part (sections 403(a)(5)(A)(ii)(I)(ee) the provisions at § 645.500(b)(1)(i) of grants, including PICs and political and 403(a)(5)(A)(vii)(III)); this part. subdivisions, must consult with the (8) Manages and distributes State Governor by submitting their level WtW funds (15 percent), Subpart EÐWelfare-To-Work application to the Governor or the consistent with the provisions at Competitive Grants designated State administrative entity §§ 645.410(b) and (c) (section for the WtW program for review and 403(a)(5)(A)(vi)(III)); § 645.500 Who are eligible applicants for comment prior to submission of the (9) Ensures that the 15 percent competitive grants? application to the Secretary. The administration limitation and the match (a) Eligible applicants for competitive application submitted to the Secretary requirement are met; grants are: must include: (10) Ensures that worker protections (1) PICs; (1) Comments on the application from provisions are observed and establishes (2) Political subdivisions of a State; the State; or an appropriate grievance process, and (2) Information indicating that the consistent with §§ 645.255 through (3) Private entities including State was provided a sufficient 645.270 of this part (section nonprofit organizations such as opportunity for review and comment 403(a)(5)(J)); community development corporations, prior to submission to the Secretary. (11) Provides comments on community-based and faith-based ‘‘Sufficient opportunity for State review Competitive Grant Application(s) from organizations, disability community and comment’’ shall mean at least 15 eligible entities within the State, organizations, community action calendar days. Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61613

(b) For private entity applicants, the sufficient time to develop and submit for hearing under this section shall not submission of the application for State quality project plans (section be considered a complaint to which the review and comment must follow the 30 403(a)(5)(B)(i) and (iii) of the Act). filing of an answer by DOL or a DOL day period provided for PIC/political agency is required. Technical rules of subdivision review. Evidence of PIC/ § 645.525 What special consideration will be given to rural areas and cities with large evidence shall not apply to a hearing political subdivision review should be concentrations of poverty? conducted pursuant to this part; included in the submission to the State however, rules or principles designed to (section 403(a)(5)(B)(ii) of the Act). (a) Competitive grant awards will be assure production of the most credible targeted to geographic areas of § 645.515 What are the program and evidence available and to subject significant need. In developing testimony to cross-examination shall administrative requirements that apply to application procedures, special apply. both the formula grants and competitive consideration will be given to rural grants? areas and cities with large (c) The decision of the Administrative (a) All of the general program concentrations of residents living in Law Judge (ALJ) shall constitute final requirements and administrative poverty. agency action unless, within 20 days of standards set by 29 CFR part 645 (b) Grant application guidelines will the decision, a party dissatisfied with subpart B apply (section 403(a)(5)(C) clarify specific requirements for the decision of the ALJ has filed a and section 404(b) of the Act). documenting need in the local area petition for review with the (b) In addition, competitive grants (section 403(a)(5)(B)(iv) of the Act). Administrative Review Board (ARB) will be subject to: (established pursuant to the provisions (1) Supplemental reporting Subpart FÐAdministrative Appeal of Secretary’s Order No. 2–96, published requirements; and Process at 61 Fed. Reg. 19977 (May 3, 1996)), (2) Additional monitoring and specifically identifying the procedure, oversight requirements based on the § 645.800 What administrative remedies fact, law or policy to which exception negotiated scope-of-work of individual are available under this part? is taken. Any exception not specifically grant awards (section 403(a)(5)(B)(iii) (a) Within 21 days of receipt of a final and (v)). urged shall be deemed to have been determination that has directly imposed waived. A copy of the petition for § 645.520 What are the application a sanction or corrective action pursuant review must be sent to the opposing procedures and timeframes for competitive to § 645.250(b) of this part, a recipient, party at that time. Thereafter, the grant funds? subrecipient, or a vendor directly decision of the ALJ shall constitute final (a) The Secretary shall establish against which the Grant Officer has agency action unless the ARB, within 30 appropriate application procedures, imposed a sanction or corrective action, days of the filing of the petition for selection criteria and an approval may request a hearing before the review, has notified the parties that the process to ensure that grant awards Department of Labor Office of case has been accepted for review. Any accomplish the purpose of the Administrative Law Judges, pursuant to case accepted by the ARB shall be competitive grant funds and that the provisions of 29 CFR part 96 subpart decided within 120 days of such available funds are used in an effective 96.6. acceptance. If not so decided, the manner. (b) In accordance with 29 CFR decision of the ALJ shall constitute final (b) The Secretary shall publish such 96.603(b)(2), the rules of practice and agency action. procedures in the Federal Register and procedure published at 29 CFR part 18 establish submission timeframes in a shall govern the conduct of hearings [FR Doc. 97–29966 Filed 11–17–97; 8:45 am] manner that allows eligible applicants under this section, except that a request BILLING CODE 4510±30±P federal register November 18,1997 Tuesday Amendments of1996;InterimRule Grantees toReflecttheSingleAuditAct 133; AdministrativeRequirementsfor Adoption ofRevisedOMBCircularA± 24 CFRPart5,etal. Development Housing andUrban Department of Part III 61615 61616 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations

DEPARTMENT OF HOUSING AND and Local Governments,’’ which was (42 U.S.C. 4321–4347) and the other URBAN DEVELOPMENT issued in 1985, was rescinded as a result related Federal environmental laws and of the consolidation of audit authorities, as set forth in 24 CFR part 24 CFR Parts 5, 44, 45, 84, and 85 requirements under Circular A–133. 50. In keeping with the exclusion One of the more significant revisions provided for in 24 CFR 50.19(c)(1), this [Docket No. FR±4258±I±01] is that the threshold for when an entity amendment does not ‘‘direct, provide RIN 2501±AC40 is required to have an audit is raised for assistance or loan and mortgage from $25,000 to $300,000. Other insurance for, or otherwise govern or Adoption of Revised OMB Circular A± significant changes are: a report regulate property acquisition, 133; Administrative Requirements for submission due date which is shortened disposition, lease, rehabilitation, Grantees to Reflect the Single Audit from 13 to 9 months and a report alteration, demolition, or new Act Amendments of 1996 submission process that includes a data construction, or set out or provide for collection form and streamlined filing standards for construction or AGENCY: Office of the Chief Financial requirements; a new risk-based construction materials, manufactured Officer, HUD. approach for major program housing, or occupancy.’’ ACTION: Interim rule. determination; and additional guidance Regulatory Flexibility Act for program-specific audits, audit SUMMARY: On June 30, 1997, OMB findings, and audit findings follow-up. The Secretary, in accordance with the published revised Circular A–133 to Through this interim rule the Regulatory Flexibility Act (5 U.S.C. implement the Single Audit Act Department of Housing and Urban 605(b)), has reviewed this interim rule Amendments of 1996. The Act sets forth Development (HUD) adopts these before publication and by approving it requirements for obtaining consistency requirements. In addition, HUD is certifies that this interim rule will not and uniformity among Federal agencies adding a provision to set forth a have a significant economic impact on for the audit of States, local clarification regarding the uniform audit a substantial number of small entities. governments, and non-profit requirements for non-profit This interim rule merely adopts organizations expending Federal organizations participating in HUD government-wide requirements related awards. This rule adopts the revised programs whose regulations are set forth to auditing. The interim rule does not requirements. in 24 CFR in the part 200 and 800 series, affect the amount of funds provided in DATES: Effective date: December 18, such as parts 207, 213, 220, 221, 231, the covered programs, but rather 1997. 232, 234, 236, 241, 242, 244, 266, 880, increases the threshold for non-Federal Comment Due Date: January 20, 1998. 881, 882, 883, 884, 886, and 891. The entities subject to audit, thereby ADDRESSES: Interested persons are clarification provides that non-profit reducing burden on some small entities. invited to submit comments regarding organizations subject to regulations in Executive Order 12612, Federalism this interim rule to the Office of the the part 200 and part 800 series of 24 The General Counsel, as the General Counsel, Rules Docket Clerk, CFR shall comply with the audit Designated Official under section 6(a) of Room 10276, Department of Housing requirements of revised OMB Circular Executive Order 12612, Federalism, has and Urban Development, 451 Seventh A–133. Audits of non-profit determined that this interim rule does Street, S.W., Washington, D.C. 20410– organizations under these programs not have ‘‘federalism implications’’ 0500. Comments should refer to the were previously subject to the because it does not have substantial above docket number and title. A copy requirements of the Consolidated Audit direct effects on the States (including of each communication submitted will Guide for Audits of HUD Programs their political subdivisions), or on the be available for public inspection and (HUD Handbook 2000.04). This audit distribution of power and copying during regular business hours guide no longer applies to audits of non- responsibilities among the various (weekdays 7:30 a.m. to 5:30 p.m. Eastern profit organizations. For HUD programs, levels of government. time) at the above address. Facsimile a non-profit organization is the (FAX) comments are not acceptable. mortgagor or owner and not a related or Unfunded Mandates Reform Act FOR FURTHER INFORMATION CONTACT: affiliated organization or entity. The Title II of the Unfunded Mandates William E. Dobrzykowski, Deputy Chief terms ‘‘mortgagor’’ or ‘‘owner’’ are Reform Act of 1995 (Pub. L. 104–4; Financial Officer for Finance, (202) 708– defined in the regulations in the part approved March 22, 1995) (UMRA) 0650. (This is not a toll-free number.) 200 and part 800 series, such as establishes requirements for Federal Hearing-impaired or speech-impaired §§ 207.251, 891.205 and 891.305. agencies to assess the effects of their individuals may access the voice HUD is also removing and reserving regulatory actions on State, local, and telephone number listed above by 24 CFR parts 44 and 45 since these parts tribal governments, and on the private calling the Federal Information Relay are no longer applicable because of the sector. This interim rule would not Service during working hours at 1–800– revised circular. A number of impose any Federal mandates on any 877–8339. conforming technical revisions are State, local, or tribal governments, or on SUPPLEMENTARY INFORMATION: On June needed throughout HUD’s regulations in the private sector, within the meaning of 30, 1997, the Office of Management and title 24 of the CFR as a result of HUD’s the UMRA. adoption of the uniform audit Budget (OMB) published revised List of Subjects Circular No. A–133, re-titled ‘‘Audits of requirements. Those revisions will be States, Local Governments, and Non- set forth in a subsequent separate 24 CFR Part 5 Profit Organizations,’’ which established rulemaking. Administrative practice and uniform audit requirements for non- Findings and Certifications procedure, Aged, Claims, Drug abuse, Federal entities that administer Federal Drug traffic control, Grant programs— awards and implemented the Single Environmental Impact housing and community development, Audit Act Amendments of 1996 (Pub.L. This amendment is excluded from the Grant programs-Indians, Grant 104–156, enacted July 5, 1996). OMB environmental review requirements of programs—low and moderate income Circular No. A–128, ‘‘Audits of States the National Environmental Policy Act housing, Indians, Individuals with Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations 61617 disabilities, Intergovernmental relations, PARTS 44 AND 45Ð[REMOVED AND be subject to the audit requirements Loan programs—housing and RESERVED] contained in the Single Audit Act community development, Low and Amendments of 1996 (31 U.S.C. 7501– moderate income housing, Mortgage 3. Parts 44 and 45 are removed and 7507) and revised OMB Circular A–133, insurance, Penalties, Pets, Public reserved. ‘‘Audits of States, Local Governments, housing, Rent subsidies, Reporting and PART 84ÐUNIFORM ADMINISTRATIVE and Non-Profit Organizations.’’ (i) Non-profit organizations subject to recordkeeping requirements, Social REQUIREMENTS FOR GRANTS AND regulations in the part 200 and part 800 security, Unemployment compensation, AGREEMENTS WITH INSTITUTIONS series of this title which receive awards Wages. OF HIGHER EDUCATION, HOSPITALS, subject to part 84 shall comply with the AND OTHER NON-PROFIT 24 CFR Part 44 audit requirements of revised OMB ORGANIZATIONS Circular A–133, ‘‘Audits of States, Local Accounting, Grant programs, Indians, Governments, and Non-Profit Intergovernmental relations, Loan 4. The authority citation for part 84 continues to read as follows: Organizations.’’ For HUD programs, a programs, Reporting and recordkeeping Authority: 42 U.S.C. 3535(d). non-profit organization is the mortgagor requirements. or owner (as these terms are defined in 24 CFR Part 45 5. Section 84.26 is amended by the regulations in the part 200 and part revising paragraphs (a), (b), and (c) to 800 series) and not a related or affiliated Accounting, Colleges and universities, read as follows: organization or entity. Grant programs, Loan programs, Non- § 84.26 Non-Federal audits. (ii) [Reserved]. profit organizations, Reporting and (2) State and local governments shall recordkeeping requirements. (a) Recipients and subrecipients that be subject to the audit requirements are institutions of higher education or contained in the Single Audit Act 24 CFR Part 84 other non-profit organization (including Amendments of 1996 (31 U.S.C. 7501– hospitals) shall be subject to the audit Accounting, Audit requirements, 7507) and revised OMB Circular A–133, requirements contained in the Single ‘‘Audits of States, Local Governments, Colleges and universities, Grant Audit Act Amendments of 1996 (31 programs—housing and community and Non-Profit Organizations.’’ U.S.C. 7501–7507) and revised OMB (3) For-profit hospitals not covered by development, Loan programs—housing Circular A–133, ‘‘Audits of States, Local and community development, Non- the audit provisions of revised OMB Governments, and Non-Profit Circular A–133 shall be subject to the profit organizations, Reporting and Organizations.’’ recordkeeping requirements. audit requirements of the Federal (1) Non-profit organizations subject to awarding agencies. regulations in the part 200 and part 800 24 CFR Part 85 * * * * * series of this title which receive awards Accounting, Audit requirements, subject to part 84 shall comply with the PART 85ÐUNIFORM ADMINISTRATIVE Grant programs, Indians, audit requirements of revised OMB REQUIREMENTS FOR GRANTS AND Intergovernmental relations, Reporting Circular A–133, ‘‘Audits of States, Local COOPERATIVE AGREEMENTS TO and recordkeeping requirements. Governments, and Non-Profit STATE AND LOCAL GOVERNMENTS Organizations.’’ For HUD programs, a Accordingly, parts 5, 44, 45, 84, and non-profit organization is the mortgagor 7. The authority citation for part 85 85 of title 24 of the Code of Federal or owner (as these terms are defined in continues to read as follows: Regulations are amended as follows: the regulations in the part 200 and part Authority: 42 U.S.C. 3535(d). PART 5ÐGENERAL HUD PROGRAM 800 series) and not a related or affiliated 8. Section 85.26 is amended by organization or entity. REQUIREMENTS; WAIVERS revising paragraphs (a), (b) introductory (2) Reserved. text, and (b)(1), to read as follows: (b) State and local governments shall 1. The authority citation for part 5 be subject to the audit requirements § 85.26 Non-Federal audits. continues to read as follows: contained in the Single Audit Act (a) Basic rule. Grantees and Authority: 42 U.S.C. 3535(d), unless Amendments of 1996 (31 U.S.C. 7501– subgrantees are responsible for otherwise noted. 7507) and revised OMB Circular A–133, obtaining audits in accordance with the ‘‘Audits of States, Local Governments, Single Audit Act Amendments of 1996 2. Subpart A is amended to add a new and Non-Profit Organizations.’’ (31 U.S.C. 7501–7507) and revised OMB § 5.107 to read as follows: (c) For-profit hospitals not covered by Circular A–133, ‘‘Audits of States, Local § 5.107 Audit requirements for non-profit the audit provisions of revised OMB Governments, and Non-Profit organizations Circular A–133 shall be subject to the Organizations.’’ The audits shall be audit requirements of the Federal made by an independent auditor in Non-profit organizations subject to awarding agencies. accordance with generally accepted regulations in the part 200 and part 800 * * * * * government auditing standards covering series of title 24 of the CFR shall comply 6. Section 84.82 is amended by financial audits. with the audit requirements of revised revising paragraphs (e)(1), (2), and (3) to (b) Subgrantees. State or local OMB Circular A–133, ‘‘Audits of States, read as follows: governments, as those terms are defined Local Governments, and Non-Profit for purposes of the Single Audit Act Organizations’’ (see 24 CFR 84.26). For § 84.82 Provisions applicable only to lump Amendments of 1996, that provide HUD programs, a non-profit sum grants. Federal awards to a subgrantee which organization is the mortgagor or owner * * * * * expends $300,000 or more (or other (as these terms are defined in the (e) Non-Federal audits. (1) Recipients amount as specified by OMB) in Federal regulations in the part 200 and part 800 and subrecipients that are institutions of awards in a fiscal year, shall: series) and not a related or affiliated higher education or other non-profit (1) Determine whether State or local organization or entity. organizations (including hospitals) shall subgrantees have met the audit 61618 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Rules and Regulations requirements of the Act and whether Commercial contractors (private for- with laws and regulations affecting the subgrantees covered by OMB Circular profit and private and governmental expenditure of Federal funds; A–110, ‘‘Uniform Administrative organizations) providing goods and * * * * * Requirements for Grants and services to State and local governments Dated: October 22, 1997. Agreements with Institutions of Higher are not required to have a single audit Andrew Cuomo, Education, Hospitals, and Other Non- performed. State and local governments Secretary. Profit Organizations,’’ have met the should use their own procedures to [FR Doc. 97–30181 Filed 11–17–97; 8:45 am] audit requirements of the Act. ensure that the contractor has complied BILLING CODE 4210±01±P i

Reader Aids Federal Register Vol. 62, No. 222 Tuesday, November 18, 1997

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

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 E-mail [email protected] the revision date of each title. 304...... 59304 Laws 3 CFR 308...... 59304 Proclamations: For additional information 523±5227 310...... 59304, 59305 7046...... 59559 320...... 59304 Presidential Documents 7047...... 59773 327...... 59304 Executive orders and proclamations 523±5227 7048...... 60153 381...... 59304, 59305 The United States Government Manual 523±5227 7049...... 60637 7050...... 60761 416...... 59304 417...... 59304 Executive Orders: Other Services 12938 (See notice of 10 CFR Electronic and on-line services (voice) 523±4534 November 12, 13...... 59275 Privacy Act Compilation 523±3187 1997) ...... 60993 32...... 59275 TDD for the hearing impaired 523±5229 13067...... 59989 50...... 59275 Administrative Orders: 51...... 59275 Notice of November ELECTRONIC BULLETIN BOARD 55...... 59275 12, 1997 ...... 60993 60...... 59275 Free Electronic Bulletin Board service for Public Law numbers, Memorandums: 72...... 59275 Federal Register finding aids, and list of documents on public November 4, 1997...... 60995 110...... 59275 202±275±0920. inspection. 5 CFR 431...... 59978 FAX-ON-DEMAND Proposed Rules: 1201...... 59991 2...... 60789 You may access our Fax-On-Demand service with a fax machine. 1209...... 59992 There is no charge for the service except for long distance 2411...... 60997 11 CFR telephone charges the user may incur. The list of documents on Proposed Rules: Proposed Rules: public inspection and the daily Federal Register’s table of 532...... 59300 100...... 60047 contents are available. The document numbers are 7050-Public 630...... 59301 Inspection list and 7051-Table of Contents list. The public 2411...... 61035 12 CFR inspection list is updated immediately for documents filed on an 7 CFR 204...... 59775 emergency basis. 225...... 60639 1...... 61207 271...... 61217 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 3...... 60451 325...... 60161 FILE. Documents on public inspection may be viewed and copied 29...... 60155 614...... 59779 46...... 60998 in our office located at 800 North Capitol Street, NW., Suite 700. 619...... 59779 The Fax-On-Demand telephone number is: 301±713±6905 301 ...... 60763, 61210, 61213 650...... 61215 Proposed Rules: 920...... 60156 3...... 59944 FEDERAL REGISTER PAGES AND DATES, NOVEMBER 922...... 60158 204...... 60671 923...... 60158 208...... 59944 59275±59558...... 3 225...... 59944 59599±59772...... 4 924...... 60158 927...... 60999 325...... 59944 59773±59990...... 5 989...... 60764 567...... 59944 59991±60154...... 6 792...... 60799 60155±60450...... 7 8 CFR 14 CFR 60451±60636...... 10 204...... 60769 60637±60762...... 12 213a...... 60122 25...... 59561, 60640 60763±60994...... 13 214...... 60122 39 ...... 59277, 59280, 59565, 60995±61206...... 14 299...... 60122 59566, 59780, 59781, 59993, 60161, 60451, 60642, 60643, 61207±61432...... 17 9 CFR 60644, 60645, 60772, 60773, 61433±61618...... 18 78...... 60639 60775, 60777, 61010, 61222, 92...... 60161 61223, 61434, 61436, 61438 93...... 60161 71 ...... 59783, 60455, 60647, 94 ...... 60161, 61002, 61433 60778, 60779, 61426 95...... 60161 73...... 60456 96...... 60161 97 ...... 60647, 60651, 60653 97...... 60161 255...... 59784 98...... 60161 Proposed Rules: 130...... 60161, 61005 39 ...... 59310, 59826, 59827, 310...... 61007 59829, 59830, 60047, 60049, 331...... 61009 60183, 60184, 60186, 60188, 381...... 61007, 61009 60189, 60191, 60193, 60807, 417...... 61007 60808, 60810, 60813 Proposed Rules: 71 ...... 60051, 60315, 60460, 94...... 61036 60461, 60462, 60814, 61448 ii Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Reader Aids

73...... 60463 25 CFR 21...... 59579 46 CFR 255...... 59313, 60195 Proposed Rules: Proposed Rules: Proposed Rules: 11...... 61057 21...... 60464 10...... 60122, 61585 15 CFR 15...... 60122 Proposed Rules: 26 CFR 39 CFR 27...... 60939 303...... 59829 1...... 60165 111...... 60180, 61014 960...... 59317 Proposed Rules: Proposed Rules: 47 CFR 1...... 60196 232...... 61481 1 ...... 59822, 60025, 61447 16 CFR 5...... 60664, 403...... 61225 27 CFR 40 CFR 21...... 60025, 60664 1615...... 60163 47...... 61232 52 ...... 59284, 59995, 59996, 22...... 60664 1616...... 60163 60784, 61016, 61236, 61237, 23...... 60664 29 CFR 61241 24...... 60664 17 CFR 2200...... 61011 58...... 59813 25...... 59293, 61448 15...... 61226 2204...... 59568 62...... 60785 26...... 60664 Proposed Rules: 4001...... 60426 69...... 61204 27...... 60664 3...... 59624 4006...... 60426 80...... 59998, 60132 42...... 59583 32...... 59624 4022...... 60426 81 ...... 60001, 61237, 61241 61...... 59583 33...... 59624 4041...... 60426 123...... 61170 64...... 60034 4044...... 61012 180...... 60660, 61441 73...... 59605, 60664 18 CFR 4050...... 60426 233...... 61173 74...... 60025, 60664 247...... 60962 76...... 61016, 61034 4...... 59802 30 CFR 260...... 59287 78...... 60664 11...... 61228 47...... 60984 271...... 61175 80...... 60664 375...... 59802 870...... 60138 721...... 59579 87...... 60664 Proposed Rules: 914...... 59569 Proposed Rules: 90...... 60664 284...... 61459 938...... 60169 9...... 61482 95...... 60664 946...... 60658 52 ...... 59331, 60052, 60318, 97...... 60664, 61447 19 CFR Proposed Rules: 61483 101...... 60664 101...... 60164 50...... 60673 58...... 59840 Proposed Rules: 122...... 60164 707...... 59639 60...... 61065, 61483 1...... 60750 133...... 61231 870...... 61585 61...... 61483 20...... 60199 Proposed Rules: 874...... 59639 62...... 60817 21...... 60199, 60750 123...... 61251 63 ...... 60566, 60674, 61065, 74...... 60199, 60750 201...... 61252 31 CFR 61483 76...... 61065 1...... 60781 79...... 60675 90...... 60199 20 CFR 80...... 60052 36...... 59842 416...... 59812 32 CFR 86...... 61482 48 CFR 645...... 61587 285...... 61013 89...... 61482 141...... 59388, 59486 Proposed Rules: 311...... 59578 1515...... 60664 142...... 59388, 59486 404...... 60672 Proposed Rules: 1552...... 60664 260...... 59332 199...... 61058 Proposed Rules: 268...... 60465 21 CFR 225...... 59641 33 CFR 300...... 60058, 60199 16...... 60614 252...... 59641 173...... 59281 100...... 60177, 60178 41 CFR 510...... 60781 165...... 60178 49 CFR 105±60...... 60014 520...... 60656 Proposed Rules: 199...... 59297 100...... 60197 385...... 60035 558 ...... 60657, 60781, 61011 42 CFR 900...... 60614 Proposed Rules: 34 CFR 424...... 59818 Proposed Rules: 350...... 60817 101...... 61476 701...... 61428 701...... 61070 43 CFR 201...... 61041 514...... 59830 36 CFR 11...... 60457 50 CFR 600...... 59386 Proposed Rules: 1860...... 59820 17...... 59605 606...... 59386 7...... 60815 3710...... 59821 679 ...... 59298, 59623, 60182, Proposed Rules: 60667, 61457 24 CFR 37 CFR 4700...... 60467 660...... 60788 5...... 61616 1...... 61235 Proposed Rules: 44 CFR 44...... 61616 Proposed Rules: 17...... 59334, 60676 45...... 61616 2...... 59640 64...... 59290, 60662 216...... 61077 84...... 61616 3...... 59640 65...... 61247 222...... 59335 85...... 61616 67...... 61248 600...... 59386 203...... 60124 38 CFR Proposed Rules: 648...... 60676 206...... 60124 17...... 60783 67...... 61259 679 ...... 59844, 60060, 60677 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Reader Aids iii

REMINDERS AGRICULTURE Incidental takingÐ Pesticides; tolerances in food, The items in this list were DEPARTMENT BP Exploration (Alaska); animal feeds, and raw editorially compiled as an aid Commodity Credit on-ice seismic activity; agricultural commodities: to Federal Register users. Corporation ringed seals; comments Maneb; comments due by Inclusion or exclusion from Loan and purchase programs: due by 11-26-97; 11-24-97; published 9-24- this list has no legal Wheat, feed grains, rice and published 10-27-97 97 significance. upland cotton; production DEFENSE DEPARTMENT Superfund program: flexibility contracts; Federal Acquisition Regulation National oil and hazardous comments due by 11-24- (FAR): substances contingency RULES GOING INTO 97; published 10-23-97 planÐ EFFECT NOVEMBER 18, Comercial items and AGRICULTURE National priorities list 1997 commercial components; DEPARTMENT FAR provisions and update; comments due Food and Consumer Service clauses in subcontracts; by 11-24-97; published ENVIRONMENTAL comments due by 11-24- 9-25-97 PROTECTION AGENCY Commodity supplemental food program: 97; published 9-23-97 FARM CREDIT Air quality implementation Caseload assignment; Pay-as-you-go pension ADMINISTRATION plans; approval and costs; comments due by Farm credit system: promulgation; various comments due by 11-24- 11-24-97; published 9-23- Capital adequacy and States: 97; published 10-23-97 97 related regulations; Texas; published 9-19-97 AGRICULTURE DEPARTMENT Taxes associated with miscellaneous Pesticides; tolerances in food, divested segments; amendments; comments animal feeds, and raw Import quotas and fees: comments due by 11-24- due by 11-24-97; agricultural commodities: Dairy tariff-rate quota 97; published 9-23-97 published 9-23-97 licensing; comments due Fenarimol; published 11-18- DEFENSE DEPARTMENT FEDERAL by 11-28-97; published 97 COMMUNICATIONS 10-15-97 Engineers Corps LABOR DEPARTMENT COMMISSION BLIND OR SEVERELY Danger zones and restricted Employment and Training areas: Radio stations; table of Administration DISABLED, COMMITTEE assignments: FOR PURCHASE FROM Severn River, MD; Naval Welfare-to-work grants; PEOPLE WHO ARE Station Annapolis small California; comments due by governing provisions; boat basin; comments due 11-24-97; published 10- published 11-18-97 Committee for Purchase 17-97 From People Who Are Blind by 11-24-97; published TRANSPORTATION or Severely Disabled 10-24-97 Missouri; comments due by DEPARTMENT ENVIRONMENTAL 11-24-97; published 10- Javits-Wagner-O'Day program; 17-97 Federal Aviation miscellaneous amendments; PROTECTION AGENCY Administration comments due by 11-25-97; Air pollution control; new Wisconsin; comments due Airworthiness directives: published 9-26-97 motor vehicles and engines: by 11-24-97; published 10-17-97 Boeing; published 11-4-97 COMMERCE DEPARTMENT Nonroad diesel engines; Television broadcasting: British Aerospace; published Economic Analysis Bureau emission standards; 11-4-97 comments due by 11-24- Video programming; International services surveys: blocking based on Dassault; published 11-13- 97; published 9-24-97 Foreign direct investments program ratings; technical 97 Air quality implementation in U.S.Ð requirements; comments Pratt & Whitney; published plans; approval and BE-12; benchmark survey- due by 11-24-97; 9-19-97 promulgation; various 1997; reporting States: published 10-9-97 requirements; comments Connecticut; comments due GENERAL SERVICES due by 11-24-97; COMMENTS DUE NEXT by 11-24-97; published ADMINISTRATION published 10-8-97 WEEK 10-24-97 Federal Acquisition Regulation COMMERCE DEPARTMENT Minnesota; comments due (FAR): AGRICULTURE National Oceanic and by 11-24-97; published Commercial items and DEPARTMENT Atmospheric Administration 10-23-97 commercial components; Agricultural Marketing Fishery conservation and New Hampshire; comments FAR provisions and Service management: due by 11-26-97; clauses in subcontracts; Agricultural commodities; Caribbean Fishery published 10-27-97 comments due by 11-24- 97; published 9-23-97 laboratory testing service Management Council; Air quality implementation fees; comments due by 11- hearings; comments due plans; √A√approval and Pay-as-you-go pension 28-97; published 10-28-97 by 11-25-97; published promulgation; various costs; comments due by Irish potatoes grown inÐ 10-14-97 States; air quality planning 11-24-97; published 9-23- Colorado; comments due by Caribbean, Gulf, and South purposes; designation of 97 11-25-97; published 9-26- Atlantic fisheriesÐ areas: Taxes associated with divested segments; 97 Gulf of Mexico reef fish; Kentucky et al.; comments comments due by 11-24- AGRICULTURE comments due by 11- due by 11-24-97; 97; published 9-23-97 DEPARTMENT 25-97; published 9-26- published 10-23-97 Animal and Plant Health 97 Hazardous waste: HEALTH AND HUMAN SERVICES DEPARTMENT Inspection Service West Coast States and Land disposal restrictionsÐ Livestock and poultry disease Western Pacific Food and Drug Metal wastes and mineral Administration control: fisheriesÐ processing wastes Tuberculosis-exposed Chinook salmon; treatment standards, Human drugs: animals; transportation comments due by 11- etc. (Phase IV); data Labeling of drug products and disposal expenses; 28-97; published 11-13- availability; comments (OTC)Ð comments due by 11-24- 97 due by 11-25-97; Diphenhydramine; 97; published 9-23-97 Marine mammals: published 11-10-97 comments due by 11- iv Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Reader Aids

28-97; published 8-29- Commercial items and Federal old age, survivors due by 11-26-97; 97 commercial components; and disability insuranceÐ published 10-27-97 INTERIOR DEPARTMENT FAR provisions and Medical-vocational TRANSPORTATION Indian Affairs Bureau clauses in subcontracts; guidelines; clarification; DEPARTMENT Fish and wildlife: comments due by 11-24- comments due by 11- Columbia River treaty 97; published 9-23-97 24-97; published 9-23- Research and Special fishing access sites; use; Pay-as-go pension costs; 97 Programs Administration comments due by 11-28- comments due by 11-24- TRANSPORTATION Hazardous materials: 97; published 9-29-97 97; published 9-23-97 DEPARTMENT Hazardous materials INTERIOR DEPARTMENT Taxes associated with Privacy Act; implementation; Fish and Wildlife Service transportationÐ divested segments; comments due by 11-24-97; Endangered and threatened comments due by 11-24- published 10-24-97 Miscellaneous species: 97; published 9-23-97 amendments; comments Virginia sneezeweed; TRANSPORTATION NATIONAL CREDIT UNION due by 11-24-97; comments due by 11-28- DEPARTMENT ADMINISTRATION published 9-24-97 97; published 9-29-97 Federal Aviation Credit unions: INTERIOR DEPARTMENT Administration Surface Mining Reclamation Central liquidity facility; first Airworthiness directives: and Enforcement Office priority security interest in American Champion Aircraft LIST OF PUBLIC LAWS Abandoned mine land specific assets; comments Corp.; comments due by reclamation; enhancement; due by 11-24-97; 11-28-97; published 9-26- This is a continuing list of comments due by 11-24-97; published 9-25-97 97 public bills from the current published 10-24-97 Organization and Boeing; comments due by session of Congress which JUSTICE DEPARTMENT operationsÐ 11-26-97; published 10- have become Federal laws. It Prisons Bureau Overlaps in fields of 27-97 may be used in conjunction membership and Inmate control, custody, care, Dornier; comments due by with ``P L U S'' (Public Laws community chartering etc.: 11-28-97; published 10- Update Service) on 202±523± policy; interpretive ruling Good conduct time; credit 29-97 6641. This list is also and policy statement; awarded for satisfactory Fokker; comments due by available online at http:// comment request; progress toward earning 11-28-97; published 10- www.nara.gov/nara/fedreg/ comments due by 11- general educational 17-97 fedreg.html. development (GED) 28-97; published 10-29- 97 General Electric Co.; credential; comments due comments due by 11-24- The text of laws is not by 11-25-97; published 9- NUCLEAR REGULATORY 97; published 9-24-97 published in the Federal 26-97 COMMISSION Saab; comments due by 11- Register but may be ordered Literacy program (GED Production and utilization 28-97; published 10-29-97 in ``slip law'' (individual standard); satisfactory facilities; domestic licensing: pamphlet) form from the Class E airspace; comments progress definition; Nuclear power plantsÐ Superintendent of Documents, due by 11-24-97; published comments due by 11-25- Decommissioning; U.S. Government Printing 10-23-97 97; published 9-26-97 financial assurance Office, Washington, DC 20402 LABOR DEPARTMENT requirements; comments TRANSPORTATION (phone, 202±512±2470). The Mine Safety and Health due by 11-25-97; DEPARTMENT text will also be made Administration published 9-10-97 Federal Highway available on the Internet from Administration Coal mine safety and health: SECURITIES AND GPO Access at http:// Underground coal minesÐ Motor carrier safety standards: EXCHANGE COMMISSION www.access.gpo.gov/suÐdocs/. Self-rescue devices; use Securities: Financial responsibility; self- Some laws may not yet be and location Shareholder proposals; insurance requirements available. requirements; comments comments due by 11-25- and application processing due by 11-25-97; 97; published 9-26-97 fees; comments due by published 9-26-97 11-24-97; published 9-23- H.R. 79/P.L. 105±79 LABOR DEPARTMENT SOCIAL SECURITY 97 Hoopa Valley Reservation Pension and Welfare ADMINISTRATION South Boundary Adjustment Social security benefits and TRANSPORTATION Benefits Administration DEPARTMENT Act (Nov. 13, 1997; 111 Stat. Employee Retirement Income supplemental security 1527) income: Federal Railroad Security Act: Administration Health care continuation Federal old age, survivors H.R. 672/P.L. 105±80 Railroad safety; passenger coverage; information and disability insurance, equipment safety standards; To make technical request; comments due and aged, blind, and comments due by 11-24-97; amendments to certain by 11-24-97; published 9- disabledÐ published 9-23-97 provisions of title 17, United 23-97 Administrative review States Code. (Nov. 13, 1997; LIBRARY OF CONGRESS process; identification TRANSPORTATION 111 Stat. 1529) Copyright Office, Library of and referral of cases for DEPARTMENT Congress quality review under National Highway Traffic H.R. 708/P.L. 105±81 Freedom of Information Act; Appeals Council's Safety Administration To require the Secretary of implementation; comments authority; comments Motor vehicle safety the Interior to conduct a study due by 11-28-97; published due by 11-24-97; standards: concerning grazing use and 10-28-97 published 9-25-97 Lamps, reflective devices, open space within and NATIONAL AERONAUTICS Medical opinion evidence and associated adjacent to Grand Teton AND SPACE evaluation; comments equipmentÐ National Park, Wyoming, and ADMINISTRATION due by 11-24-97; Auxiliary signal lamps and to extend temporarily certain Federal Acquisition Regulation published 9-25-97 safety lighting grazing privileges. (Nov. 13, (FAR): Social security benefits: inventions; comments 1997; 111 Stat. 1537) Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Reader Aids v

S. 931/P.L. 105±82 Marjory Stoneman Douglas Wilderness and Ernest F. Coe Visitor Center Designation Act (Nov. 13, 1997; 111 Stat. 1540) H.R. 2107/P.L. 105±83 Department of the Interior and Related Agencies Appropriations Act, 1998 (Nov. 14, 1997; 111 Stat. 1543) H.J. Res. 106/P.L. 105±84 Making further continuing appropriations for the fiscal year 1998, and for other purposes. (Nov. 14, 1997; 111 Stat. 1628) Last List November 14, 1997